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To: Business and Commerce;
Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rosebud

HOUSE BILL NO. 1172

AN ACT TO AMEND SECTIONS 73-77-5, 73-77-7 AND 73-77-9, 1
MISSISSIPPI CODE OF 1972, TO REVISE THE FRESH START ACT; TO 2
PROVIDE THAT THE FRESH START ACT SHALL SUPERSEDE ANY OTHER 3
PROVISION OF LAW TO THE CONTRARY; TO AMEND SECTIONS 9-13-109, 4
19-5-353, 21-27-131, 21-27-151, 25-53-51, 27-109-5, 27-115-55, 5
37-3-2, 41-29-303, 43-1-4, 43-26-1, 45-3-9, 45-3-47, 45-4-9, 6
45-6-11, 51-5-3, 51-9-173, 65-1-129, 65-1-173, 67-3-19, 73-1-13, 7
73-2-7, 73-2-16, 73-4-17, 73-4-25, 73-6-13, 73-6-19, 73-7-27, 8
73-9-23, 73-9-61, 73-11-51, 73-11-57, 73-13-23, 73-13-77, 9
73-14-35, 73-15-19, 73-15-21, 73-15-29, 73-17-9, 73-17-11, 10
73-17-15, 73-19-17, 73-19-23, 73-21-85, 73-21-87, 73-21-97, 11
73-21-111, 73-21-126, 73-23-47, 73-23-51, 73-23-59, 73-24-19, 12
73-24-21, 73-24-24, 73-25-3, 73-25-14, 73-25-29, 73-25-32, 13
73-25-101, 73-26-3, 73-27-5, 73-27-12, 73-27-13, 73-27-16, 14
73-29-13, 73-29-19, 73-29-31, 73-30-9, 73-30-21, 73-31-13, 15
73-31-21, 73-33-1, 73-34-14, 73-34-109, 73-35-10, 73-35-21, 16
73-38-9, 73-38-27, 73-39-67, 73-39-71, 73-39-77, 73-42-9, 17
73-42-11, 73-53-8, 73-53-13, 73-53-17, 73-54-13, 73-55-19, 18
73-60-31, 73-63-27, 73-65-13, 73-66-17, 73-67-21, 73-67-27, 19
73-69-7, 73-69-9, 73-69-11, 73-71-19, 73-71-33, 73-73-7, 73-75-13, 20
73-75-19, 75-27-305, 75-57-49, 75-59-1, 75-60-19, 75-60-31, 21
75-60-33, 75-67-323, 75-67-421, 75-67-509, 75-67-521, 75-67-609, 22
75-76-34, 75-76-35, 75-76-67, 75-76-103, 75-76-131, 75-76-137, 23
77-8-25, 77-9-503, 81-18-9, 83-7-207, 83-17-71, 83-17-75, 24
83-17-421, 83-17-519, 83-21-19, 83-39-3, 83-39-9, 83-39-15, 25
83-49-11, 97-33-57 AND 97-33-315, MISSISSIPPI CODE OF 1972, TO 26
CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 27
17-17-503, 17-17-505, 19-25-19, 25-34-43, 27-115-69, 37-9-17, 28
37-13-89, 37-27-23, 37-29-232, 41-29-107, 41-137-47, 43-13-121, 29
45-1-25, 49-15-21, 57-21-7, 63-17-118, 63-17-205, 63-17-209, 30
67-7-11, 67-7-13, 73-15-201, 73-34-35, 75-35-301, 81-3-5, 81-13-1, 31
81-25-107, 81-25-123, 83-1-191, 83-11-225, 83-11-239 AND 99-19-35, 32
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 33
AND FOR RELATED PURPOSES. 34
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 35
SECTION 1. Section 73-77-5, Mississippi Code of 1972, is 36
amended as follows: 37
73-77-5. * * * Notwithstanding any other provision of law to 38
the contrary, no person shall be disqualified from pursuing, 39
practicing, or engaging in any occupation for which a license is 40
required solely or in part because of a prior conviction of a 41
crime, unless the crime for which an applicant was convicted 42
directly relates to the duties and responsibilities for the 43
licensed occupation. The provisions of this section shall not 44
apply to the admission or reinstatement of any person to The 45
Mississippi Bar as an attorney in good standing authorized to 46
practice law. 47
SECTION 2. Section 73-77-7, Mississippi Code of 1972, is 48
amended as follows: 49
73-77-7. (1) * * * Notwithstanding any other provision of 50
law to the contrary, licensing authorities shall not have in any 51
rulemaking for their qualifications for licensure vague or generic 52
terms including, but not limited to, "moral turpitude," "any 53
felony," and "good character." * * * Notwithstanding any other 54
provision of law to the contrary, licensing authorities may only 55
consider criminal records that are specific and directly related 56
to the duties and responsibilities for the licensed occupation 57
when evaluating applicants. Anywhere the terms "felony," "moral 58
turpitude," "good character" or other such vague or generic terms 59
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are used in any statute or rule for the qualifications or 60
disqualifications for licensure, they shall mean a disqualifying 61
crime under the Fresh Start Act. 62
(2) The licensing authority shall use the clear and 63
convincing standard of proof in examining the factors to determine 64
whether an applicant with a disqualifying criminal conviction will 65
be denied a license. * * * Notwithstanding any other provision of 66
law to the contrary, the licensing authority shall make its 67
determination based on the following factors: 68
(a) The nature and seriousness of the crime for which 69
the individual was convicted; 70
(b) The passage of time since the commission of the 71
crime; 72
(c) The relationship of the crime to the ability, 73
capacity, and fitness required to perform the duties and discharge 74
the responsibilities of the occupation; and 75
(d) Any evidence of rehabilitation or treatment 76
undertaken by the individual that might mitigate against a direct 77
relation. 78
Nothing in this section shall preclude any board, commission 79
or other licensing entity from granting licenses to individuals 80
convicted of disqualifying convictions, after considering the 81
factors listed under this subsection (2). 82
(3) All licensing authorities shall meet the requirements 83
listed in subsection (1) by one hundred twenty (120) days after 84
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July 1, * * * 2026. 85
(4) For licensing authorities, the requirements listed in 86
subsections (1) and (2) also apply to any new occupational 87
licenses created after July 1, * * * 2026. 88
(5) The licensing authority shall adopt necessary rules for 89
the implementation of this section. 90
(6) The provisions of this section shall not apply to the 91
admission or reinstatement of any person to The Mississippi Bar as 92
an attorney in good standing authorized to practice law. 93
(7) For any board, commission or other licensing entity with 94
an existing procedure for hearings and appeals following the 95
denial of a license codified in rules or statute on July 1, 2026, 96
those existing procedures for hearings and appeals shall supersede 97
the provisions of this section. 98
SECTION 3. Section 73-77-9, Mississippi Code of 1972, is 99
amended as follows: 100
73-77-9. (1) * * * Notwithstanding any other provision of 101
law to the contrary, an individual with a criminal record may 102
petition a licensing authority at any time for a determination of 103
whether the individual's criminal record will disqualify the 104
individual from obtaining a license. This petition shall include 105
details on the individual's criminal record. The licensing 106
authority shall inform the individual of his standing within 107
thirty (30) days of receiving the petition from the applicant. 108
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The licensing authority may charge a fee to recoup its costs not 109
to exceed Twenty-five Dollars ($25.00) for each petition. 110
(2) If a licensing authority denies an individual a license 111
solely or in part because of the individual's prior conviction of 112
a crime, the licensing authority shall notify the individual in 113
writing of the following: 114
(a) The grounds and reasons for the denial or 115
disqualification; 116
(b) That the individual has the right to a hearing to 117
challenge the licensing authority's decision; 118
(c) The earliest date the person may reapply for a 119
license; and 120
(d) That evidence of rehabilitation may be considered 121
upon reapplication. 122
Nothing in this section shall preclude any board, commission 123
or other licensing entity from granting licenses to individuals 124
convicted of disqualifying convictions, after considering the 125
factors listed in Section 73-77-7 (2). 126
(3) * * * Any written determination by the licensing 127
authority that an applicant's criminal conviction is directly 128
related to the duties and responsibilities for the licensed 129
occupation must be documented in written findings for each of the 130
preceding factors under subsection (2) by clear and convincing 131
evidence sufficient for a reviewing court. 132
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(4) In any administrative hearing or civil litigation 133
authorized under this section, the licensing authority shall carry 134
the burden of proof on the question of whether the applicant's 135
criminal conviction directly relates to the occupation for which 136
the license is sought. 137
(5) The licensing authority shall adopt necessary rules for 138
the implementation of this section. 139
(6) The provisions of this section shall not apply to the 140
admission or reinstatement of any person to The Mississippi Bar as 141
an attorney in good standing authorized to practice law. 142
(7) For any board, commission or other licensing entity with 143
an existing procedure for hearings and appeals following the 144
denial of a license codified in rules or statute on July 1, 2026, 145
those existing procedures for hearings and appeals shall supersede 146
the provisions of this section. 147
SECTION 4. Section 9-13-109, Mississippi Code of 1972, is 148
amended as follows: 149
9-13-109. Every applicant for certification shall have 150
reached the age of majority * * * and be a resident citizen of the 151
State of Mississippi. Further, every applicant shall meet the 152
criteria established by the board for certification or shall meet 153
the requirements of Section 9-13-109. 154
SECTION 5. Section 19-5-353, Mississippi Code of 1972, is 155
amended as follows: 156
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19-5-353. (1) The initial minimum standard of training for 157
local public safety and 911 telecommunicators shall be determined 158
by the Board of Emergency Telecommunications Standards and 159
Training. All courses approved for minimum standards shall be 160
taught by instructors certified by the course originator as 161
instructors for such courses. 162
(2) The minimum standards may be changed at any time by the 163
Board of Emergency Telecommunications Standards and Training, but 164
shall always include at least two (2) hours of training related to 165
handling complaints and/or calls of human trafficking and 166
commercial sexual exploitation of children as defined in Section 167
43-21-105, communicating with such victims and requiring the local 168
public safety and 911 telecommunicators to contact the Department 169
of Child Protection Services when human trafficking or commercial 170
sexual exploitation is suspected. 171
(3) Changes in the minimum standards may be made upon 172
request from any bona fide public safety, emergency medical or 173
fire organization operating within the State of Mississippi. 174
Requests for change shall be in writing submitted to either the 175
State Law Enforcement Training Academy; the State Fire Academy; 176
the Mississippi Chapter of the Associated Public Safety 177
Communications Officers, Incorporated; the Mississippi Chapter of 178
the National Emergency Number Association; the Mississippi State 179
Board of Health, Emergency Medical Services Division; the 180
Mississippi Justice Information Center; the Mississippi Sheriff's 181
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Association; the Mississippi Fire Chief's Association; the 182
Mississippi Association of Chiefs of Police; or Mississippians for 183
Emergency Medical Services. 184
(4) The minimum standards in no way are intended to restrict 185
or limit any additional training which any department or agency 186
may wish to employ, or any state or federal required training, but 187
to serve as a basis or foundation for basic training. 188
(5) Persons in the employment of any public safety, fire, 189
911 PSAP or emergency medical agency as a telecommunicator on July 190
1, 1993, shall have three (3) years to be certified in the minimum 191
standards courses provided they have been employed by such agency 192
for a period of more than one (1) year prior to July 1, 1993. 193
(6) Persons having been employed by any public safety, fire, 194
911 PSAP or emergency medical agency as a telecommunicator for 195
less than one (1) year prior to July 1, 1993, shall be required to 196
have completed all the requirements for minimum training 197
standards, as set forth in Sections 19-5-351 through 19-5-361, 198
within one (1) year from July 1, 1993. Persons certified on or 199
before July 1, 1993, in any course or courses chosen shall be 200
given credit for these courses, provided the courses are still 201
current and such persons can provide a course completion 202
certificate. 203
(7) Any person hired to perform the duties of a 204
telecommunicator in any public safety, fire, 911 PSAP or emergency 205
medical agency after July 1, 1993, shall complete the minimum 206
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training standards as set forth in Sections 19-5-351 through 207
19-5-361 within twelve (12) months of their employment or within 208
twelve (12) months from the date that the Board of Emergency 209
Telecommunications Standards and Training shall become 210
operational. 211
(8) Professional certificates remain the property of the 212
board, and the board reserves the right to either reprimand the 213
holder of a certificate, suspend a certificate upon conditions 214
imposed by the board, or cancel and recall any certificate when: 215
(a) The certificate was issued by administrative error; 216
(b) The certificate was obtained through 217
misrepresentation or fraud; 218
* * * 219
( * * *c) The holder has been convicted of a * * * 220
disqualifying crime as provided in the Fresh Start Act; or 221
( * * *d) Other due cause as determined by the board. 222
When the board believes there is a reasonable basis for 223
either the reprimand, suspension, cancellation of, or recalling 224
the certification of a telecommunicator, notice and opportunity 225
for a hearing shall be provided. Any telecommunicator aggrieved 226
by the findings and order of the board may file an appeal with the 227
chancery court of the county in which such person is employed from 228
the final order of the board. Any telecommunicator whose 229
certification has been cancelled pursuant to Sections 19-5-351 230
through 19-5-361 may reapply for certification but not sooner than 231
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two (2) years after the date on which the order of the board 232
canceling such certification became final. 233
(9) Any state agency, political subdivision or "for-profit" 234
ambulance, security or fire service company that employs a person 235
as a telecommunicator who does not meet the requirements of 236
Sections 19-5-351 through 19-5-361, or that employs a person whose 237
certificate has been suspended or revoked under provisions of 238
Sections 19-5-351 through 19-5-361, is prohibited from paying the 239
salary of such person, and any person violating this subsection 240
shall be personally liable for making such payment. 241
(10) These minimum standards and time limitations shall in 242
no way conflict with other state and federal training as may be 243
required to comply with established laws or regulations. 244
SECTION 6. Section 21-27-131, Mississippi Code of 1972, is 245
amended as follows: 246
21-27-131. No person may drive or operate motor vehicles for 247
hire in any city or town in this state unless he shall first have 248
been licensed so to do as follows: he shall make application to 249
the mayor of such municipality in writing, accompanied by a 250
statement of some reputable citizen thereof, that the applicant is 251
over the age of eighteen (18) years, an experienced driver, * * * 252
and physically and mentally capacitated to drive and operate such 253
motor vehicle. The mayor shall place such application before the 254
board of aldermen, or other governing authorities, whereupon 255
inquiry may be made by such governing authorities into the * * * 256
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mental and physical fitness of the applicant. If the permit shall 257
be granted the applicant shall receive a certificate of such 258
permit, signed by the mayor, together with an identification 259
badge, and the name of the municipality thereon, and which shall 260
be worn so that the same will be displayed while engaged in or 261
about such occupation. The governing authorities of the 262
municipality may require the applicant to give a reasonable bond, 263
of not more than Five Hundred Dollars ($500.00), to guarantee the 264
faithful observance of the law as well as the rules and 265
regulations which may be prescribed by the said municipality, and 266
they may also require a reasonable fee, for such permit and badge. 267
In the event the governing authority of such municipality refuse 268
to grant such permit to an applicant, an appeal may be taken to 269
the circuit court, in the manner provided by law for appealing 270
from other orders of the governing authorities of municipalities, 271
and the questions to be tried upon appeal will be as to the age 272
and experience and the * * * mental and physical fitness of the 273
said applicant to pursue such vocation in such municipality. 274
SECTION 7. Section 21-27-151, Mississippi Code of 1972, is 275
amended as follows: 276
21-27-151. No person may drive or operate any bus of a 277
transportation system for the transportation of passengers within 278
any city or town in this state, where the operation of such bus is 279
subject to regulation by the authorities of such city or town 280
under Section 21-27-121, unless he shall first have been licensed 281
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so to do as follows: he shall make application to the mayor of 282
such municipality in writing, accompanied by a statement of some 283
reputable citizen thereof, that the applicant is over the age of 284
eighteen (18) years, an experienced driver, * * * and physically 285
and mentally capacitated to drive and operate such motor vehicle. 286
The mayor shall place such application before the board of 287
aldermen, or other governing authorities, whereupon inquiry may be 288
made by such governing authorities into the * * * mental and 289
physical fitness of the applicant. If the permit shall be granted 290
the applicant shall receive a license, signed by the mayor, 291
together with a metallic badge, which shall have a number and the 292
name of the municipality thereon, and which shall be worn so that 293
the same will be displayed while engaged in or about such 294
occupation. The governing authorities of the municipality may 295
require the applicant to give a reasonable bond, of not more than 296
Five Hundred Dollars ($500.00), to guarantee the faithful 297
observance of the law as well as the rules and regulations which 298
may be prescribed by the said municipality, and they may also 299
require a reasonable fee, not to exceed Five Dollars ($5.00) for 300
such license, which said license fee shall be paid into the 301
general fund of such municipality. In the event the governing 302
authority of such municipality refuse to grant such license to an 303
applicant, an appeal may be taken to the circuit court, in the 304
manner provided by law for appealing from other orders of the 305
governing authorities of municipalities, and the questions to be 306
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tried upon appeal will be as to the age and experience and 307
the * * * mental and physical fitness of the said applicant to 308
pursue such vocation in such municipality. 309
SECTION 8. Section 25-53-51, Mississippi Code of 1972, is 310
amended as follows: 311
25-53-51. (1) To qualify for the position of information 312
confidentiality officer a person must: 313
(a) Be an employee of a state agency or institution in 314
a position such that his duties require him to handle or process 315
or supervise the handling or processing of data in conjunction 316
with the use of automated information technology equipment for an 317
agency or institution other than that for whom he is regularly 318
employed. 319
(b) Have been continuously employed for a period of at 320
least one hundred eighty (180) days by such agency or institution 321
or have successfully been cleared for employment through an 322
investigation that shall consist of a determination * * * that the 323
prospective employee has not been convicted of a * * * 324
disqualifying crime as provided in the Fresh Start Act. In order 325
to determine the applicant's suitability for employment at the 326
Mississippi Department of Information Technology Services, the 327
applicant shall be fingerprinted. If no disqualifying record is 328
identified at the state level, the fingerprints shall be forwarded 329
by the Mississippi Department of Public Safety to the Federal 330
Bureau of Investigation for a national criminal history record 331
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check. A prospective employee may be provisionally employed based 332
on a reference check by the employing agency pending final receipt 333
of the results of a national criminal history record check for a 334
period not to exceed one hundred eighty (180) days. 335
(c) Successfully complete a suitable instructional 336
course on the subjects of information security, privacy and 337
confidentiality and protection, to be developed and taught under 338
the supervision of the executive director. An employee may work 339
in a provisional capacity under the direct supervision of an 340
information confidentiality officer as part of an on-the-job 341
training program while completing instructional requirements, for 342
a period not to exceed ninety (90) days. 343
(d) Be duly sworn to the following oath: "I, ______, 344
do solemnly swear to protect and uphold the confidentiality of all 345
information that may come to my knowledge that is designated as 346
'confidential information' by another state agency or institution 347
for which I may handle or process in the normal course of my 348
duties. I swear to exercise reasonable care in the handling and 349
processing of all such designated data and further that I will not 350
reveal or otherwise divulge information from such data obtained. 351
I understand that proven violation of this oath will subject me to 352
forfeiture of my bond and dismissal from employment." 353
(2) In order to maintain appropriate liability insurance 354
necessary to cover damages for any nonmalicious act, the 355
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Department of Information Technology Services will work in 356
conjunction with the Tort Claims Board. 357
(3) In order to clear vendors, such as maintenance 358
personnel, security personnel, cleaning personnel, contractors and 359
other vendors with a valid need to gain access into the State Data 360
Centers and campus, the department shall determine these 361
individuals have not been convicted of a * * * disqualifying crime 362
as provided in the Fresh Start Act through a fingerprint-based 363
criminal history background check. If no disqualifying record is 364
identified at the state level, the fingerprints shall be forwarded 365
by the Department of Public Safety to the Federal Bureau of 366
Investigation for a national criminal history record check. 367
SECTION 9. Section 27-109-5, Mississippi Code of 1972, is 368
amended as follows: 369
27-109-5. (1) Any person who the tax commission determines 370
is qualified to receive a license or is found suitable under the 371
provisions of this chapter, having due consideration for the 372
proper protection of the health, safety, morals, good order and 373
general welfare of the inhabitants of the State of Mississippi and 374
the declared policy of this state, may be issued a state privilege 375
license for the operation of a cruise vessel. The burden of 376
proving his qualification to receive any license or be found 377
suitable is on the applicant. 378
(2) An application to receive a license shall not be granted 379
unless the commission is satisfied that the applicant is: 380
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(a) A person of * * * honesty and integrity; 381
(b) A person whose prior activities, criminal record, 382
if any, reputation, habits and associations do not pose a threat 383
to the public interest of this state or to the effective 384
regulation and control of cruise vessels, or create or enhance the 385
dangers of unsuitable, unfair or illegal practices, methods and 386
activities in the operation of cruise vessels or the carrying on 387
of the business and financial arrangements incidental thereto; and 388
(c) In all other respects qualified to be licensed or 389
found suitable consistently with the declared policy of the state. 390
(3) A license to operate a cruise vessel shall not be 391
granted unless the applicant has satisfied the commission that: 392
(a) He has adequate business probity, competence and 393
experience, in the operation of cruise vessels or generally; and 394
(b) The proposed financing of the entire operation is: 395
(i) Adequate for the nature of the proposed 396
operation; and 397
(ii) From a suitable source. Any lender or other 398
source of money or credit which the commission finds does not meet 399
the standards set forth in subsection (2) may be deemed 400
unsuitable. 401
SECTION 10. Section 27-115-55, Mississippi Code of 1972, is 402
amended as follows: 403
27-115-55. (1) The Legislature * * * recognizes that to 404
conduct a successful lottery, the corporation must develop and 405
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maintain a statewide network of lottery retailers that will serve 406
the public convenience and promote the sale of tickets, while 407
ensuring the integrity of the lottery operations, games and 408
activities. 409
(2) To govern the selection of lottery retailers, the board 410
shall, by administrative rules and regulations, develop a list of 411
objective criteria upon which the selection of lottery retailers 412
shall be based. In developing these criteria, the board shall 413
consider such factors as the applicant's financial responsibility, 414
location and security of the applicant's place of business or 415
activity, integrity, and reputation; however, the board shall not 416
consider political affiliation, activities or monetary 417
contributions to political organizations or candidates for any 418
public office. The criteria shall include, but not be limited to, 419
the following: 420
(a) The applicant shall be current in payment of all 421
taxes, interest and penalties owed to any taxing political 422
subdivision where the lottery retailer will sell lottery tickets. 423
(b) The applicant shall be current in filing all 424
applicable tax returns and in payment of all taxes, interest and 425
penalties owed to the State of Mississippi, excluding items under 426
formal appeal pursuant to applicable statutes, before a license is 427
issued and before each renewal. 428
(c) No person shall be selected as a lottery retailer 429
for the sale of lottery tickets who: 430
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(i) Has been convicted of a criminal offense 431
related to the security or integrity of the lottery in this or any 432
other jurisdiction. 433
(ii) Has been convicted of any illegal gambling 434
activity, false statements, false swearing or perjury in this or 435
any other jurisdiction, or convicted of a * * * disqualifying 436
crime as provided in the Fresh Start Act. 437
(iii) Has been found to have violated the 438
provisions of this chapter or any administrative rules and 439
regulations adopted under this chapter, unless either ten (10) 440
years have passed since the violation, or the president and the 441
board find the violation both minor and unintentional in nature. 442
(iv) Is a vendor or an employee or agent of any 443
vendor doing business with the corporation. 444
(v) Resides in the same household as an officer or 445
board member of the corporation. 446
(vi) Has made a statement of material fact to the 447
corporation, knowing such statement to be false. 448
SECTION 11. Section 37-3-2, Mississippi Code of 1972, is 449
amended as follows: 450
37-3-2. (1) There is established within the State 451
Department of Education the Commission on Teacher and 452
Administrator Education, Certification and Licensure and 453
Development. It shall be the purpose and duty of the commission 454
to make recommendations to the State Board of Education regarding 455
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standards for the certification and licensure and continuing 456
professional development of those who teach or perform tasks of an 457
educational nature in the public schools of Mississippi. 458
(2) (a) The commission shall be composed of fifteen (15) 459
qualified members. The membership of the commission shall be 460
composed of the following members to be appointed, three (3) from 461
each of the four (4) congressional districts, as such districts 462
existed on January 1, 2011, in accordance with the population 463
calculations determined by the 2010 federal decennial census, 464
including: four (4) classroom teachers; three (3) school 465
administrators; one (1) representative of schools of education of 466
public institutions of higher learning located within the state to 467
be recommended by the Board of Trustees of State Institutions of 468
Higher Learning; one (1) representative from the schools of 469
education of independent institutions of higher learning to be 470
recommended by the Board of the Mississippi Association of 471
Independent Colleges; one (1) representative from public community 472
and junior colleges located within the state to be recommended by 473
the Mississippi Community College Board; one (1) local school 474
board member; and four (4) laypersons. Three (3) members of the 475
commission, at the sole discretion of the State Board of 476
Education, shall be appointed from the state at large. 477
(b) All appointments shall be made by the State Board 478
of Education after consultation with the State Superintendent of 479
Public Education. The first appointments by the State Board of 480
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Education shall be made as follows: five (5) members shall be 481
appointed for a term of one (1) year; five (5) members shall be 482
appointed for a term of two (2) years; and five (5) members shall 483
be appointed for a term of three (3) years. Thereafter, all 484
members shall be appointed for a term of four (4) years. 485
(3) The State Board of Education when making appointments 486
shall designate a chairman. The commission shall meet at least 487
once every two (2) months or more often if needed. Members of the 488
commission shall be compensated at a rate of per diem as 489
authorized by Section 25-3-69 and be reimbursed for actual and 490
necessary expenses as authorized by Section 25-3-41. 491
(4) (a) An appropriate staff member of the State Department 492
of Education shall be designated and assigned by the State 493
Superintendent of Public Education to serve as executive secretary 494
and coordinator for the commission. No less than two (2) other 495
appropriate staff members of the State Department of Education 496
shall be designated and assigned by the State Superintendent of 497
Public Education to serve on the staff of the commission. 498
(b) An Office of Educator Misconduct Evaluations shall 499
be established within the State Department of Education to assist 500
the commission in responding to infractions and violations, and in 501
conducting hearings and enforcing the provisions of subsections 502
(11), (12), (13), (14) and (15) of this section, and violations of 503
the Mississippi Educator Code of Ethics. 504
(5) It shall be the duty of the commission to: 505
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(a) Set standards and criteria, subject to the approval 506
of the State Board of Education, for all educator preparation 507
programs in the state; 508
(b) Recommend to the State Board of Education each year 509
approval or disapproval of each educator preparation program in 510
the state, subject to a process and schedule determined by the 511
State Board of Education; 512
(c) Establish, subject to the approval of the State 513
Board of Education, standards for initial teacher certification 514
and licensure in all fields; 515
(d) Establish, subject to the approval of the State 516
Board of Education, standards for the renewal of teacher licenses 517
in all fields; 518
(e) Review and evaluate objective measures of teacher 519
performance, such as test scores, which may form part of the 520
licensure process, and to make recommendations for their use; 521
(f) Review all existing requirements for certification 522
and licensure; 523
(g) Consult with groups whose work may be affected by 524
the commission's decisions; 525
(h) Prepare reports from time to time on current 526
practices and issues in the general area of teacher education and 527
certification and licensure; 528
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(i) Hold hearings concerning standards for teachers' 529
and administrators' education and certification and licensure with 530
approval of the State Board of Education; 531
(j) Hire expert consultants with approval of the State 532
Board of Education; 533
(k) Set up ad hoc committees to advise on specific 534
areas; 535
(l) Perform such other functions as may fall within 536
their general charge and which may be delegated to them by the 537
State Board of Education; and 538
(m) Establish standards, subject to the approval of the 539
State Board of Education, for supplemental endorsements, provided 540
that the standards allow teachers as many options as possible to 541
receive a supplemental endorsement, including, but not limited to, 542
the option of taking additional coursework or earning at least the 543
minimum qualifying score or higher on the required licensure 544
subject assessment relevant to the endorsement area for which the 545
licensure is sought. The subject assessment option shall not 546
apply to certain subject areas, including, but not limited to, 547
Early/Primary Education PreK-3, Elementary Education, or Special 548
Education, except by special approval by the State Board of 549
Education. 550
(6) (a) Standard License - Approved Program Route. An 551
educator entering the school system of Mississippi for the first 552
time and meeting all requirements as established by the State 553
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Board of Education shall be granted a standard five-year license. 554
Persons who possess two (2) years of classroom experience as an 555
assistant teacher or who have taught for one (1) year in an 556
accredited public or private school shall be allowed to fulfill 557
student teaching requirements under the supervision of a qualified 558
participating teacher approved by an accredited college of 559
education. The local school district in which the assistant 560
teacher is employed shall compensate such assistant teachers at 561
the required salary level during the period of time such 562
individual is completing student teaching requirements. 563
Applicants for a standard license shall submit to the department: 564
(i) An application on a department form; 565
(ii) An official transcript of completion of a 566
teacher education program approved by the department or a 567
nationally accredited program, subject to the following: 568
Licensure to teach in Mississippi prekindergarten through 569
kindergarten classrooms shall require completion of a teacher 570
education program or a Bachelor of Science degree with child 571
development emphasis from a program accredited by the American 572
Association of Family and Consumer Sciences (AAFCS) or by the 573
National Association for Education of Young Children (NAEYC) or by 574
the National Council for Accreditation of Teacher Education 575
(NCATE). Licensure to teach in Mississippi kindergarten, for 576
those applicants who have completed a teacher education program, 577
and in Grade 1 through Grade 4 shall require the completion of an 578
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interdisciplinary program of studies. Licenses for Grades 4 579
through 8 shall require the completion of an interdisciplinary 580
program of studies with two (2) or more areas of concentration. 581
Licensure to teach in Mississippi Grades 7 through 12 shall 582
require a major in an academic field other than education, or a 583
combination of disciplines other than education. Students 584
preparing to teach a subject shall complete a major in the 585
respective subject discipline. All applicants for standard 586
licensure shall demonstrate that such person's college preparation 587
in those fields was in accordance with the standards set forth by 588
the National Council for Accreditation of Teacher Education 589
(NCATE) or the National Association of State Directors of Teacher 590
Education and Certification (NASDTEC) or, for those applicants who 591
have a Bachelor of Science degree with child development emphasis, 592
the American Association of Family and Consumer Sciences (AAFCS). 593
Effective July 1, 2016, for initial elementary education 594
licensure, a teacher candidate must earn a passing score on a 595
rigorous test of scientifically research-based reading instruction 596
and intervention and data-based decision-making principles as 597
approved by the State Board of Education; 598
(iii) A copy of test scores evidencing 599
satisfactory completion of nationally administered examinations of 600
achievement, such as the Educational Testing Service's teacher 601
testing examinations; 602
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(iv) Any other document required by the State 603
Board of Education; and 604
(v) From and after July 1, 2020, no teacher 605
candidate shall be licensed to teach in Mississippi who did not 606
meet the following criteria for entrance into an approved teacher 607
education program: 608
1. An ACT Score of twenty-one (21) (or SAT 609
equivalent); or 610
2. Achieve a qualifying passing score on the 611
Praxis Core Academic Skills for Educators examination as 612
established by the State Board of Education; or 613
3. A minimum GPA of 3.0 on coursework prior 614
to admission to an approved teacher education program. 615
(b) (i) Standard License - Nontraditional Teaching 616
Route. From and after July 1, 2020, no teacher candidate shall be 617
licensed to teach in Mississippi under the alternate route who did 618
not meet the following criteria: 619
1. An ACT Score of twenty-one (21) (or SAT 620
equivalent); or 621
2. Achieve a qualifying passing score on the 622
Praxis Core Academic Skills for Educators examination as 623
established by the State Board of Education; or 624
3. A minimum GPA of 3.0 on coursework prior 625
to admission to an approved teacher education program. 626
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(ii) Beginning July 1, 2020, an individual who has 627
attained a passing score on the Praxis Core Academic Skills for 628
Educators or an ACT Score of twenty-one (21) (or SAT equivalent) 629
or a minimum GPA of 3.0 on coursework prior to admission to an 630
approved teacher education program and a passing score on the 631
Praxis Subject Assessment in the requested area of endorsement may 632
apply for admission to the Teach Mississippi Institute (TMI) 633
program to teach students in Grades 7 through 12 if the individual 634
meets the requirements of this paragraph (b). The State Board of 635
Education shall adopt rules requiring that teacher preparation 636
institutions which provide the Teach Mississippi Institute (TMI) 637
program for the preparation of nontraditional teachers shall meet 638
the standards and comply with the provisions of this paragraph. 639
1. The Teach Mississippi Institute (TMI) 640
shall include an intensive eight-week, nine-semester-hour summer 641
program or a curriculum of study in which the student matriculates 642
in the fall or spring semester, which shall include, but not be 643
limited to, instruction in education, effective teaching 644
strategies, classroom management, state curriculum requirements, 645
planning and instruction, instructional methods and pedagogy, 646
using test results to improve instruction, and a one (1) semester 647
three-hour supervised internship to be completed while the teacher 648
is employed as a full-time teacher intern in a local school 649
district. The TMI shall be implemented on a pilot program basis, 650
with courses to be offered at up to four (4) locations in the 651
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state, with one (1) TMI site to be located in each of the three 652
(3) Mississippi Supreme Court districts. 653
2. The school sponsoring the teacher intern 654
shall enter into a written agreement with the institution 655
providing the Teach Mississippi Institute (TMI) program, under 656
terms and conditions as agreed upon by the contracting parties, 657
providing that the school district shall provide teacher interns 658
seeking a nontraditional provisional teaching license with a 659
one-year classroom teaching experience. The teacher intern shall 660
successfully complete the one (1) semester three-hour intensive 661
internship in the school district during the semester immediately 662
following successful completion of the TMI and prior to the end of 663
the one-year classroom teaching experience. 664
3. Upon completion of the nine-semester-hour 665
TMI or the fall or spring semester option, the individual shall 666
submit his transcript to the commission for provisional licensure 667
of the intern teacher, and the intern teacher shall be issued a 668
provisional teaching license by the commission, which will allow 669
the individual to legally serve as a teacher while the person 670
completes a nontraditional teacher preparation internship program. 671
4. During the semester of internship in the 672
school district, the teacher preparation institution shall monitor 673
the performance of the intern teacher. The school district that 674
employs the provisional teacher shall supervise the provisional 675
teacher during the teacher's intern year of employment under a 676
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nontraditional provisional license, and shall, in consultation 677
with the teacher intern's mentor at the school district of 678
employment, submit to the commission a comprehensive evaluation of 679
the teacher's performance sixty (60) days prior to the expiration 680
of the nontraditional provisional license. If the comprehensive 681
evaluation establishes that the provisional teacher intern's 682
performance fails to meet the standards of the approved 683
nontraditional teacher preparation internship program, the 684
individual shall not be approved for a standard license. 685
5. An individual issued a provisional 686
teaching license under this nontraditional route shall 687
successfully complete, at a minimum, a one-year beginning teacher 688
mentoring and induction program administered by the employing 689
school district with the assistance of the State Department of 690
Education. 691
6. Upon successful completion of the TMI and 692
the internship provisional license period, applicants for a 693
Standard License - Nontraditional Route shall submit to the 694
commission a transcript of successful completion of the twelve 695
(12) semester hours required in the internship program, and the 696
employing school district shall submit to the commission a 697
recommendation for standard licensure of the intern. If the 698
school district recommends licensure, the applicant shall be 699
issued a Standard License - Nontraditional Route which shall be 700
valid for a five-year period and be renewable. 701
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7. At the discretion of the teacher 702
preparation institution, the individual shall be allowed to credit 703
the twelve (12) semester hours earned in the nontraditional 704
teacher internship program toward the graduate hours required for 705
a Master of Arts in Teacher (MAT) Degree. 706
8. The local school district in which the 707
nontraditional teacher intern or provisional licensee is employed 708
shall compensate such teacher interns at Step 1 of the required 709
salary level during the period of time such individual is 710
completing teacher internship requirements and shall compensate 711
such Standard License - Nontraditional Route teachers at Step 3 of 712
the required salary level when they complete license requirements. 713
(iii) Implementation of the TMI program provided 714
for under this paragraph (b) shall be contingent upon the 715
availability of funds appropriated specifically for such purpose 716
by the Legislature. Such implementation of the TMI program may 717
not be deemed to prohibit the State Board of Education from 718
developing and implementing additional alternative route teacher 719
licensure programs, as deemed appropriate by the board. The 720
emergency certification program in effect prior to July 1, 2002, 721
shall remain in effect. 722
(iv) A Standard License - Approved Program Route 723
shall be issued for a five-year period, and may be renewed. 724
Recognizing teaching as a profession, a hiring preference shall be 725
granted to persons holding a Standard License - Approved Program 726
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Route or Standard License - Nontraditional Teaching Route over 727
persons holding any other license. 728
(c) Special License - Expert Citizen. In order to 729
allow a school district to offer specialized or technical courses, 730
the State Department of Education, in accordance with rules and 731
regulations established by the State Board of Education, may grant 732
a five-year expert citizen-teacher license to local business or 733
other professional personnel to teach in a public school or 734
nonpublic school accredited or approved by the state. Such person 735
shall be required to have a high school diploma, an 736
industry-recognized certification related to the subject area in 737
which they are teaching and a minimum of five (5) years of 738
relevant experience but shall not be required to hold an associate 739
or bachelor's degree, provided that he or she possesses the 740
minimum qualifications required for his or her profession, and may 741
begin teaching upon his employment by the local school board and 742
licensure by the Mississippi Department of Education. If a school 743
board hires a career technical education pathway instructor who 744
does not have an industry certification in his or her area of 745
expertise but does have the required experience, the school board 746
shall spread their decision on the minutes at their next meeting 747
and provide a detailed explanation for why they hired the 748
instructor. Such instructor shall present the minutes of the 749
school board to the State Department of Education when he or she 750
applies for an expert citizen license. The board shall adopt 751
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rules and regulations to administer the expert citizen-teacher 752
license. A Special License - Expert Citizen may be renewed in 753
accordance with the established rules and regulations of the State 754
Department of Education. 755
(d) Special License - Nonrenewable. The State Board of 756
Education is authorized to establish rules and regulations to 757
allow those educators not meeting requirements in paragraph (a), 758
(b) or (c) of this subsection (6) to be licensed for a period of 759
not more than three (3) years, except by special approval of the 760
State Board of Education. 761
(e) Nonlicensed Teaching Personnel. A nonlicensed 762
person may teach for a maximum of three (3) periods per teaching 763
day in a public school district or a nonpublic school 764
accredited/approved by the state. Such person shall submit to the 765
department a transcript or record of his education and experience 766
which substantiates his preparation for the subject to be taught 767
and shall meet other qualifications specified by the commission 768
and approved by the State Board of Education. In no case shall 769
any local school board hire nonlicensed personnel as authorized 770
under this paragraph in excess of five percent (5%) of the total 771
number of licensed personnel in any single school. 772
(f) Special License - Transitional Bilingual Education. 773
Beginning July 1, 2003, the commission shall grant special 774
licenses to teachers of transitional bilingual education who 775
possess such qualifications as are prescribed in this section. 776
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Teachers of transitional bilingual education shall be compensated 777
by local school boards at not less than one (1) step on the 778
regular salary schedule applicable to permanent teachers licensed 779
under this section. The commission shall grant special licenses 780
to teachers of transitional bilingual education who present the 781
commission with satisfactory evidence that they (i) possess a 782
speaking and reading ability in a language, other than English, in 783
which bilingual education is offered and communicative skills in 784
English; (ii) are in good health * * *; (iii) possess a bachelor's 785
degree or an associate's degree in teacher education from an 786
accredited institution of higher education; (iv) meet such 787
requirements as to courses of study, semester hours therein, 788
experience and training as may be required by the commission; and 789
(v) are legally present in the United States and possess legal 790
authorization for employment. A teacher of transitional bilingual 791
education serving under a special license shall be under an 792
exemption from standard licensure if he achieves the requisite 793
qualifications therefor. Two (2) years of service by a teacher of 794
transitional bilingual education under such an exemption shall be 795
credited to the teacher in acquiring a Standard Educator License. 796
Nothing in this paragraph shall be deemed to prohibit a local 797
school board from employing a teacher licensed in an appropriate 798
field as approved by the State Department of Education to teach in 799
a program in transitional bilingual education. 800
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(g) In the event any school district meets the highest 801
accreditation standards as defined by the State Board of Education 802
in the accountability system, the State Board of Education, in its 803
discretion, may exempt such school district from any restrictions 804
in paragraph (e) relating to the employment of nonlicensed 805
teaching personnel. 806
(h) Highly Qualified Teachers. Beginning July 1, 2006, 807
any teacher from any state meeting the federal definition of 808
highly qualified, as described in the No Child Left Behind Act, 809
must be granted a standard five-year license by the State 810
Department of Education. 811
(7) Administrator License. The State Board of Education is 812
authorized to establish rules and regulations and to administer 813
the licensure process of the school administrators in the State of 814
Mississippi. There will be four (4) categories of administrator 815
licensure with exceptions only through special approval of the 816
State Board of Education. 817
(a) Administrator License - Nonpracticing. Those 818
educators holding administrative endorsement but having no 819
administrative experience or not serving in an administrative 820
position on January 15, 1997. 821
(b) Administrator License - Entry Level. Those 822
educators holding administrative endorsement and having met the 823
department's qualifications to be eligible for employment in a 824
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Mississippi school district. Administrator License - Entry Level 825
shall be issued for a five-year period and shall be nonrenewable. 826
(c) Standard Administrator License - Career Level. An 827
administrator who has met all the requirements of the department 828
for standard administrator licensure. 829
(d) Administrator License - Nontraditional Route. The 830
board may establish a nontraditional route for licensing 831
administrative personnel. Such nontraditional route for 832
administrative licensure shall be available for persons holding, 833
but not limited to, a master of business administration degree, a 834
master of public administration degree, a master of public 835
planning and policy degree or a doctor of jurisprudence degree 836
from an accredited college or university, with five (5) years of 837
administrative or supervisory experience. Successful completion 838
of the requirements of alternate route licensure for 839
administrators shall qualify the person for a standard 840
administrator license. 841
Individuals seeking school administrator licensure under 842
paragraph (b), (c) or (d) shall successfully complete a training 843
program and an assessment process prescribed by the State Board of 844
Education. All applicants for school administrator licensure 845
shall meet all requirements prescribed by the department under 846
paragraph (b), (c) or (d), and the cost of the assessment process 847
required shall be paid by the applicant. 848
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(8) Reciprocity. The department shall grant a standard 849
five-year license to any individual who possesses a valid standard 850
license from another state, or another country or political 851
subdivision thereof, within a period of twenty-one (21) days from 852
the date of a completed application. The issuance of a license by 853
reciprocity to a military-trained applicant, military spouse or 854
person who establishes residence in this state shall be subject to 855
the provisions of Section 73-50-1 or 73-50-2, as applicable. 856
(9) Renewal and Reinstatement of Licenses. The State Board 857
of Education is authorized to establish rules and regulations for 858
the renewal and reinstatement of educator and administrator 859
licenses. Effective May 15, 1997, the valid standard license held 860
by an educator shall be extended five (5) years beyond the 861
expiration date of the license in order to afford the educator 862
adequate time to fulfill new renewal requirements established 863
pursuant to this subsection. An educator completing a master of 864
education, educational specialist or doctor of education degree in 865
May 1997 for the purpose of upgrading the educator's license to a 866
higher class shall be given this extension of five (5) years plus 867
five (5) additional years for completion of a higher degree. For 868
all license types with a current valid expiration date of June 30, 869
2021, the State Department of Education shall grant a one-year 870
extension to June 30, 2022. Beginning July 1, 2022, and 871
thereafter, applicants for licensure renewal shall meet all 872
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requirements in effect on the date that the complete application 873
is received by the State Department of Education. 874
(10) All controversies involving the issuance, revocation, 875
suspension or any change whatsoever in the licensure of an 876
educator required to hold a license shall be initially heard in a 877
hearing de novo, by the commission or by a subcommittee 878
established by the commission and composed of commission members, 879
or by a hearing officer retained and appointed by the commission, 880
for the purpose of holding hearings. Any complaint seeking the 881
denial of issuance, revocation or suspension of a license shall be 882
by sworn affidavit filed with the Commission on Teacher and 883
Administrator Education, Certification and Licensure and 884
Development. The decision thereon by the commission, its 885
subcommittee or hearing officer, shall be final, unless the 886
aggrieved party shall appeal to the State Board of Education, 887
within ten (10) days, of the decision of the commission, its 888
subcommittee or hearing officer. An appeal to the State Board of 889
Education shall be perfected upon filing a notice of the appeal 890
and by the prepayment of the costs of the preparation of the 891
record of proceedings by the commission, its subcommittee or 892
hearing officer. An appeal shall be on the record previously made 893
before the commission, its subcommittee or hearing officer, unless 894
otherwise provided by rules and regulations adopted by the board. 895
The decision of the commission, its subcommittee or hearing 896
officer shall not be disturbed on appeal if supported by 897
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substantial evidence, was not arbitrary or capricious, within the 898
authority of the commission, and did not violate some statutory or 899
constitutional right. The State Board of Education in its 900
authority may reverse, or remand with instructions, the decision 901
of the commission, its subcommittee or hearing officer. The 902
decision of the State Board of Education shall be final. 903
(11) (a) The State Board of Education, acting through the 904
commission, may deny an application for any teacher or 905
administrator license for one or more of the following: 906
(i) Lack of qualifications which are prescribed by 907
law or regulations adopted by the State Board of Education; 908
(ii) The applicant has a physical, emotional or 909
mental disability that renders the applicant unfit to perform the 910
duties authorized by the license, as certified by a licensed 911
psychologist or psychiatrist; 912
(iii) The applicant is actively addicted to or 913
actively dependent on alcohol or other habit-forming drugs or is a 914
habitual user of narcotics, barbiturates, amphetamines, 915
hallucinogens or other drugs having similar effect, at the time of 916
application for a license; 917
(iv) Fraud or deceit committed by the applicant in 918
securing or attempting to secure such certification and license; 919
(v) Failing or refusing to furnish reasonable 920
evidence of identification; 921
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(vi) The applicant has been convicted, has pled 922
guilty or entered a plea of nolo contendere to a * * * 923
disqualifying crime as provided in the Fresh Start Act. For 924
purposes of this subparagraph (vi) of this paragraph (a), a 925
"guilty plea" includes a plea of guilty, entry of a plea of nolo 926
contendere, or entry of an order granting pretrial or judicial 927
diversion; 928
(vii) The applicant or licensee is on probation or 929
post-release supervision for a * * * disqualifying crime as 930
provided in the Fresh Start Act. However, this disqualification 931
expires upon the end of the probationary or post-release 932
supervision period. 933
(b) The State Board of Education, acting through the 934
commission, shall deny an application for any teacher or 935
administrator license, or immediately revoke the current teacher 936
or administrator license, for one or more of the following: 937
(i) If the applicant or licensee has been 938
convicted, has pled guilty or entered a plea of nolo contendere to 939
a sex offense as defined by federal or state law. For purposes of 940
this subparagraph (i) of this paragraph (b), a "guilty plea" 941
includes a plea of guilty, entry of a plea of nolo contendere, or 942
entry of an order granting pretrial or judicial diversion; 943
(ii) The applicant or licensee is on probation or 944
post-release supervision for a sex offense conviction, as defined 945
by federal or state law; 946
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(iii) The license holder has fondled a student as 947
described in Section 97-5-23, or had any type of sexual 948
involvement with a student as described in Section 97-3-95; or 949
(iv) The license holder has failed to report 950
sexual involvement of a school employee with a student as required 951
by Section 97-5-24. 952
(12) The State Board of Education, acting through the 953
commission, may revoke, suspend or refuse to renew any teacher or 954
administrator license for specified periods of time or may place 955
on probation, reprimand a licensee, or take other disciplinary 956
action with regard to any license issued under this chapter for 957
one or more of the following: 958
(a) Breach of contract or abandonment of employment may 959
result in the suspension of the license for one (1) school year as 960
provided in Section 37-9-57; 961
(b) Obtaining a license by fraudulent means shall 962
result in immediate suspension and continued suspension for one 963
(1) year after correction is made; 964
(c) Suspension or revocation of a certificate or 965
license by another state shall result in immediate suspension or 966
revocation and shall continue until records in the prior state 967
have been cleared; 968
(d) The license holder has been convicted, has pled 969
guilty or entered a plea of nolo contendere to a * * * 970
disqualifying crime as provided in the Fresh Start Act. For 971
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purposes of this paragraph, a "guilty plea" includes a plea of 972
guilty, entry of a plea of nolo contendere, or entry of an order 973
granting pretrial or judicial diversion; 974
(e) The license holder knowingly and willfully 975
committing any of the acts affecting validity of mandatory uniform 976
test results as provided in Section 37-16-4(1); 977
(f) The license holder has engaged in unethical conduct 978
relating to an educator/student relationship as identified by the 979
State Board of Education in its rules; 980
(g) The license holder served as superintendent or 981
principal in a school district during the time preceding and/or 982
that resulted in the Governor declaring a state of emergency and 983
the State Board of Education appointing a conservator; 984
(h) The license holder submitted a false certification 985
to the State Department of Education that a statewide test was 986
administered in strict accordance with the Requirements of the 987
Mississippi Statewide Assessment System; or 988
(i) The license holder has failed to comply with the 989
Procedures for Reporting Infractions as promulgated by the 990
commission and approved by the State Board of Education pursuant 991
to subsection (15) of this section. 992
For purposes of this subsection, probation shall be defined 993
as a length of time determined by the commission, its subcommittee 994
or hearing officer, and based on the severity of the offense in 995
which the license holder shall meet certain requirements as 996
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prescribed by the commission, its subcommittee or hearing officer. 997
Failure to complete the requirements in the time specified shall 998
result in immediate suspension of the license for one (1) year. 999
(13) (a) Dismissal or suspension of a licensed employee by 1000
a local school board pursuant to Section 37-9-59 may result in the 1001
suspension or revocation of a license for a length of time which 1002
shall be determined by the commission and based upon the severity 1003
of the offense. 1004
(b) Any offense committed or attempted in any other 1005
state shall result in the same penalty as if committed or 1006
attempted in this state. 1007
(c) A person may voluntarily surrender a license. The 1008
surrender of such license may result in the commission 1009
recommending any of the above penalties without the necessity of a 1010
hearing. However, any such license which has voluntarily been 1011
surrendered by a licensed employee may only be reinstated by a 1012
majority vote of all members of the commission present at the 1013
meeting called for such purpose. 1014
(14) (a) A person whose license has been suspended or 1015
surrendered on any grounds, except * * * because of a 1016
disqualifying crime as provided in the Fresh Start Act, may 1017
petition for reinstatement of the license after one (1) year from 1018
the date of suspension or surrender, or after one-half (1/2) of 1019
the suspended or surrendered time has lapsed, whichever is 1020
greater. A person whose license has been suspended or revoked on 1021
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any grounds or violations under subsection (12) of this section 1022
may be reinstated automatically or approved for a reinstatement 1023
hearing, upon submission of a written request to the commission. 1024
A license suspended, revoked or surrendered * * * because of a 1025
disqualifying crime as provided in the Fresh Start Act may be 1026
reinstated upon petition to the commission filed after expiration 1027
of the sentence and parole or probationary period imposed upon 1028
conviction. A revoked, suspended or surrendered license may be 1029
reinstated upon satisfactory showing of evidence of 1030
rehabilitation. The commission shall require all who petition for 1031
reinstatement to furnish evidence satisfactory to the commission 1032
of good * * * mental, emotional and physical health and such other 1033
evidence as the commission may deem necessary to establish the 1034
petitioner's rehabilitation and fitness to perform the duties 1035
authorized by the license. 1036
(b) A person whose license expires while under 1037
investigation by the Office of Educator Misconduct for an alleged 1038
violation may not be reinstated without a hearing before the 1039
commission if required based on the results of the investigation. 1040
(15) Reporting procedures and hearing procedures for dealing 1041
with infractions under this section shall be promulgated by the 1042
commission, subject to the approval of the State Board of 1043
Education. The revocation or suspension of a license shall be 1044
effected at the time indicated on the notice of suspension or 1045
revocation. The commission shall immediately notify the 1046
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superintendent of the school district or school board where the 1047
teacher or administrator is employed of any disciplinary action 1048
and also notify the teacher or administrator of such revocation or 1049
suspension and shall maintain records of action taken. The State 1050
Board of Education may reverse or remand with instructions any 1051
decision of the commission, its subcommittee or hearing officer 1052
regarding a petition for reinstatement of a license, and any such 1053
decision of the State Board of Education shall be final. 1054
(16) An appeal from the action of the State Board of 1055
Education in denying an application, revoking or suspending a 1056
license or otherwise disciplining any person under the provisions 1057
of this section shall be filed in the Chancery Court of the First 1058
Judicial District of Hinds County, Mississippi, on the record 1059
made, including a verbatim transcript of the testimony at the 1060
hearing. The appeal shall be filed within thirty (30) days after 1061
notification of the action of the board is mailed or served and 1062
the proceedings in chancery court shall be conducted as other 1063
matters coming before the court. The appeal shall be perfected 1064
upon filing notice of the appeal and by the prepayment of all 1065
costs, including the cost of preparation of the record of the 1066
proceedings by the State Board of Education, and the filing of a 1067
bond in the sum of Two Hundred Dollars ($200.00) conditioned that 1068
if the action of the board be affirmed by the chancery court, the 1069
applicant or license holder shall pay the costs of the appeal and 1070
the action of the chancery court. 1071
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(17) All such programs, rules, regulations, standards and 1072
criteria recommended or authorized by the commission shall become 1073
effective upon approval by the State Board of Education as 1074
designated by appropriate orders entered upon the minutes thereof. 1075
(18) The granting of a license shall not be deemed a 1076
property right nor a guarantee of employment in any public school 1077
district. A license is a privilege indicating minimal eligibility 1078
for teaching in the public school districts of Mississippi. This 1079
section shall in no way alter or abridge the authority of local 1080
school districts to require greater qualifications or standards of 1081
performance as a prerequisite of initial or continued employment 1082
in such districts. 1083
(19) In addition to the reasons specified in subsections 1084
(12) and (13) of this section, the board shall be authorized to 1085
suspend the license of any licensee for being out of compliance 1086
with an order for support, as defined in Section 93-11-153. The 1087
procedure for suspension of a license for being out of compliance 1088
with an order for support, and the procedure for the reissuance or 1089
reinstatement of a license suspended for that purpose, and the 1090
payment of any fees for the reissuance or reinstatement of a 1091
license suspended for that purpose, shall be governed by Section 1092
93-11-157 or 93-11-163, as the case may be. Actions taken by the 1093
board in suspending a license when required by Section 93-11-157 1094
or 93-11-163 are not actions from which an appeal may be taken 1095
under this section. Any appeal of a license suspension that is 1096
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required by Section 93-11-157 or 93-11-163 shall be taken in 1097
accordance with the appeal procedure specified in Section 1098
93-11-157 or 93-11-163, as the case may be, rather than the 1099
procedure specified in this section. If there is any conflict 1100
between any provision of Section 93-11-157 or 93-11-163 and any 1101
provision of this chapter, the provisions of Section 93-11-157 or 1102
93-11-163, as the case may be, shall control. 1103
(20) The Department of Education shall grant and renew all 1104
licenses and certifications of teachers and administrators within 1105
twenty-one (21) days from the date of a completed application if 1106
the applicant has otherwise met all established requirements for 1107
the license or certification. 1108
SECTION 12. Section 41-29-303, Mississippi Code of 1972, is 1109
amended as follows: 1110
41-29-303. No license shall be issued under Section 1111
41-29-301 * * * until the applicant therefor has furnished proof 1112
satisfactory to the State Board of Pharmacy that the applicant 1113
is * * * properly equipped as to land, buildings, and 1114
paraphernalia to carry on the business described in his 1115
application. No license shall be granted to any person who has 1116
within five (5) years been convicted of a willful violation of any 1117
law of the United States, or of any state, relating to opium, coca 1118
leaves, or other narcotic drugs, or to any person who is a 1119
narcotic drug addict. The state board of pharmacy may suspend or 1120
revoke any license for cause. 1121
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SECTION 13. Section 43-1-4, Mississippi Code of 1972, is 1122
amended as follows: 1123
43-1-4. The Department of Human Services shall have the 1124
following powers and duties: 1125
(a) To provide basic services and assistance statewide 1126
to needy and disadvantaged individuals and families. 1127
(b) To promote integration of the many services and 1128
programs within its jurisdiction at the client level thus 1129
improving the efficiency and effectiveness of service delivery and 1130
providing easier access to clients. 1131
(c) To develop a statewide comprehensive service 1132
delivery plan in coordination with the Board of Health, the Board 1133
of Mental Health, and the Department of Finance and 1134
Administration. Such plan shall be developed and presented to the 1135
Governor by January 1, 1990. 1136
(d) To employ personnel and expend funds appropriated 1137
to the department to carry out the duties and responsibilities 1138
assigned to the department by law. 1139
(e) To fingerprint and conduct a background 1140
investigation on every employee, contractor, subcontractor and 1141
volunteer (i) who has direct access to clients of the department 1142
who are children or vulnerable adults, (ii) who is in a position 1143
of fiduciary responsibility, (iii) who is in a position with 1144
access to Federal Tax Information (FTI), or (iv) who is otherwise 1145
required by federal law or regulations to undergo a background 1146
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investigation. Every such employee, contractor, subcontractor and 1147
volunteer shall provide a valid current social security number 1148
and/or driver's license number which shall be furnished to conduct 1149
the background investigation for determination * * * to ensure 1150
that no person placed in any position referenced in this paragraph 1151
has * * * been convicted of a disqualifying crime as provided in 1152
the Fresh Start Act that would prevent employment or access to 1153
Federal Tax Information according to department policy. If no 1154
disqualifying record is identified at the state level, the 1155
fingerprints shall be forwarded to the Federal Bureau of 1156
Investigation for a fingerprint-based national criminal history 1157
record check. The department shall be the recipient of the 1158
results of any background investigation and/or criminal history 1159
record check performed in accordance with this paragraph. 1160
SECTION 14. Section 43-26-1, Mississippi Code of 1972, is 1161
amended as follows: 1162
43-26-1. (1) There is created a Mississippi Department of 1163
Child Protection Services. 1164
(2) The Chief Administrative Officer of the Department of 1165
Child Protection Services shall be the Commissioner of Child 1166
Protection Services who shall be appointed by the Governor with 1167
the advice and consent of the Senate. The commissioner shall 1168
possess the following qualifications: 1169
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(a) A bachelor's degree from an accredited institution 1170
of higher learning and ten (10) years' experience in management, 1171
public administration, finance or accounting; or 1172
(b) A master's or doctoral degree from an accredited 1173
institution of higher learning and five (5) years' experience in 1174
management, public administration, finance, law or accounting. 1175
(3) The Department of Child Protection Services shall 1176
provide the services authorized by law to every individual 1177
determined to be eligible therefor, and in carrying out the 1178
purposes of the department, the commissioner is authorized: 1179
(a) To formulate the policy of the department regarding 1180
child welfare services within the jurisdiction of the department; 1181
(b) To adopt, modify, repeal and promulgate, after due 1182
notice and hearing, and where not otherwise prohibited by federal 1183
or state law, to make exceptions to and grant exemptions and 1184
variances from, and to enforce rules and regulations implementing 1185
or effectuating the powers and duties of the department under any 1186
and all statutes within the department's jurisdiction; 1187
(c) To apply for, receive and expend any federal or 1188
state funds or contributions, gifts, devises, bequests or funds 1189
from any other source; 1190
(d) To enter into and execute contracts, grants and 1191
cooperative agreements with any federal or state agency or 1192
subdivision thereof, or any public or private institution located 1193
inside or outside the State of Mississippi, or any person, 1194
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corporation or association in connection with carrying out the 1195
programs of the department; and 1196
(e) To discharge such other duties, responsibilities, 1197
and powers as are necessary to implement the programs of the 1198
department. 1199
(4) The commissioner shall establish the organizational 1200
structure of the Department of Child Protection Services, which 1201
shall include the creation of any units necessary to implement the 1202
duties assigned to the department and consistent with specific 1203
requirements of law. 1204
(5) The commissioner shall appoint heads of offices, 1205
bureaus, and divisions, as defined in Section 7-17-11, who shall 1206
serve at the pleasure of the commissioner. The salary and 1207
compensation of such office, bureau and division heads shall be 1208
subject to the rules and regulations adopted and promulgated by 1209
the State Personnel Board. The commissioner shall have the 1210
authority to organize offices as deemed appropriate to carry out 1211
the responsibilities of the department. 1212
(6) The Department of Child Protection Services shall be 1213
responsible for the development, execution, and provision of 1214
services in the following areas: 1215
(a) Protective services for children; 1216
(b) Foster care; 1217
(c) Adoption services; 1218
(d) Special services; 1219
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(e) Interstate compact; 1220
(f) Licensure; 1221
(g) Prevention services; and 1222
(h) Such other services as may be designated. Services 1223
enumerated under Section 43-15-13 et seq., for the foster care 1224
program shall be provided by qualified staff with appropriate case 1225
loads. 1226
(7) The Department of Child Protection Services shall have 1227
the following powers and duties: 1228
(a) To provide basic services and assistance statewide 1229
to needy and disadvantaged individuals and families; 1230
(b) To promote integration of the many services and 1231
programs within its jurisdiction at the client level thus 1232
improving the efficiency and effectiveness of service delivery and 1233
providing easier access to clients; 1234
(c) To employ personnel and expend funds appropriated 1235
to the department to carry out the duties and responsibilities 1236
assigned to the department by law; 1237
(d) To fingerprint and conduct a background 1238
investigation on every employee, contractor, subcontractor and 1239
volunteer: 1240
(i) Who has direct access to clients of the 1241
department who are children or vulnerable adults; 1242
(ii) Who is in a position of fiduciary 1243
responsibility; 1244
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(iii) Who is in a position with access to Federal 1245
Tax Information (FTI); or 1246
(iv) Who is otherwise required by federal law or 1247
regulations to undergo a background investigation. 1248
Every such employee, contractor, subcontractor and volunteer 1249
shall provide a valid current social security number and/or 1250
driver's license number, which shall be furnished to conduct the 1251
background investigation for determination as to good moral 1252
character and to ensure that no person placed in any position 1253
referenced in this paragraph (d) has * * * been convicted of a 1254
disqualifying crime as provided in the Fresh Start Act that would 1255
prevent employment or access to Federal Tax Information according 1256
to department policy. If no disqualifying record is identified at 1257
the state level, the fingerprints shall be forwarded to the 1258
Federal Bureau of Investigation for a fingerprint-based national 1259
criminal history record check. The department shall be the 1260
recipient of the results of any background investigation and/or 1261
criminal history record check performed in accordance with this 1262
paragraph; 1263
(e) To establish and maintain programs not inconsistent 1264
with the terms of this chapter and the rules, regulations and 1265
policies of the Department of Child Protection Services, and 1266
publish the rules and regulations of the department pertaining to 1267
such programs; 1268
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(f) To provide all other child welfare programs and 1269
services previously provided by the Department of Human Services 1270
or a division thereof; and 1271
(g) Make such reports in such form and containing such 1272
information as the federal government may, from time to time, 1273
require, and comply with such provisions as the federal government 1274
may, from time to time, find necessary to assure the correctness 1275
and verification of such reports. 1276
(8) The Mississippi Department of Child Protection Services 1277
shall submit a copy of the federal Annual Progress and Services 1278
Report (APSR) to the Chair of the Senate Public Health and Welfare 1279
Committee, the Chair of the Senate Appropriations Committee, the 1280
Chair of the House Public Health and Human Services Committee, the 1281
Chair of the House Appropriations Committee, the Lieutenant 1282
Governor, the Speaker of the House of Representatives, and the 1283
Governor by December 1 of each year. 1284
(9) (a) The Commissioner of Child Protection Services shall 1285
hire a Coordinator of Services for Victims of Human Trafficking 1286
and Commercial Sexual Exploitation within the Department of Child 1287
Protection Services whose duties shall include, but not be limited 1288
to, the following: 1289
(i) To form specialized human trafficking and 1290
commercial sexual exploitation assessment teams to respond on an 1291
as-needed basis to act as an emergency, separate and specialized 1292
response and assessment team to rapidly respond to the needs of 1293
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children who are victims of human trafficking and commercial 1294
sexual exploitation; 1295
(ii) To identify victims of human trafficking and 1296
commercial sexual exploitation; 1297
(iii) To monitor, record and distribute federal 1298
human trafficking funds received by the Department of Child 1299
Protection Services; 1300
(iv) To employ staff to investigate allegations of 1301
human trafficking and commercial sexual exploitation; and 1302
(v) To develop and coordinate services within the 1303
Department of Child Protection Services and with outside service 1304
providers for victims of human trafficking and commercial sexual 1305
exploitation. 1306
(b) The Commissioner of Child Protection Services shall 1307
develop standard operating procedures for the investigation, 1308
custody and services provided to alleged victims of human 1309
trafficking and commercial sexual exploitation. 1310
(c) The Commissioner shall require two (2) hours of 1311
training regarding the subject of identifying, assessing, and 1312
providing comprehensive services to a child who has experienced or 1313
is alleged to have experienced commercial sexual exploitation or 1314
human trafficking. The training must be incorporated into the 1315
pre-service training requirements of all Mississippi Department of 1316
Child Protection Services family specialists, adoption 1317
specialists, licensure specialists, direct supervisors of family 1318
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protection specialists, direct supervisors of adoption 1319
specialists, and direct supervisors of licensure specialists. 1320
(10) This section shall stand repealed on July 1, 2028. 1321
SECTION 15. Section 45-3-9, Mississippi Code of 1972, is 1322
amended as follows: 1323
45-3-9. (1) The chief of patrol, directors, inspectors, 1324
assistant inspectors, patrol officers and investigators of the 1325
department shall be selected after an examination as to physical 1326
and mental fitness, knowledge of traffic laws, rules and 1327
regulations of this state, the laws of the state pertaining to 1328
arrest, and the rules and regulations of the Mississippi 1329
Department of Public Safety and Public Service Commission, such 1330
examination to be prescribed by the commissioner. At the time of 1331
appointment they shall be citizens of the United States and the 1332
State of Mississippi, * * * shall be not less than twenty-one (21) 1333
years of age and shall have a high school diploma or High School 1334
Equivalency Diploma. 1335
(2) Sworn agents of the Mississippi Bureau of Narcotics who 1336
are employed as enforcement troopers shall retain all 1337
compensatory, personal and sick leave accrued pursuant to Sections 1338
25-3-92, 25-3-93 and 25-3-95. 1339
SECTION 16. Section 45-3-47, Mississippi Code of 1972, is 1340
amended as follows: 1341
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45-3-47. (1) The selection program for such training school 1342
shall consist of application, examination, investigation and 1343
interview: 1344
(a) Application. The commissioner shall prescribe an 1345
application that shall contain a case history of the applicant, 1346
fingerprints, picture of the applicant, certified copies of birth 1347
certificate and transcript of school records. Said application 1348
shall include certified copies of any discharge from the services 1349
of the United States government. 1350
(b) Examination. The commissioner shall adopt a 1351
standardized test for applicants and each shall be required to 1352
take the prescribed examination on a competitive basis. The 1353
commissioner shall further require a physical examination by a 1354
staff of competent doctors to determine that each applicant 1355
selected is in good physical condition, including height-weight 1356
ratio as recommended by the United States Air Force, with no 1357
deformities. 1358
(c) Investigation. The commissioner shall require an 1359
investigation of each applicant to determine that he or she 1360
is * * * between the ages of twenty-three (23) and thirty-two 1361
(32), that he or she has completed a high school education, and 1362
that he or she is honest, reliable, loyal and above reproach. 1363
(d) Interview. The commissioner shall require an 1364
interview of each applicant considered for patrol service to be 1365
conducted and may require an interview with his family if 1366
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necessary to determine that the applicant fulfills the 1367
requirements as prescribed in paragraph (c), as well as any other 1368
rules and regulations that may be prescribed. The commissioner 1369
may at his discretion require the services of psychiatrists, 1370
doctors, police officers or other professional people in 1371
conducting such interviews. 1372
(2) Before any person may be selected to attend a school or 1373
be appointed as a member of the Mississippi Highway Safety Patrol, 1374
the applicant must fulfill all the requirements as prescribed in 1375
this section and meet the standards prescribed in this section and 1376
meet the standards prescribed by the department, and may be 1377
required to submit to a polygraph examination in connection with 1378
the employment application. 1379
(3) All applications, birth certificates, transcripts and 1380
other records submitted by an applicant shall become the property 1381
of the State of Mississippi and the Department of Public Safety, 1382
shall be held confidential and shall not be discoverable by 1383
judicial process. Such records may be destroyed after five (5) 1384
years from the time of application. 1385
SECTION 17. Section 45-4-9, Mississippi Code of 1972, is 1386
amended as follows: 1387
45-4-9. (1) (a) After January 1, 2000, no person shall be 1388
appointed or employed as a jail officer or a part-time jail 1389
officer unless that person has been certified as being qualified 1390
under subsection (3) of this section. 1391
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(b) No person who is required to be certified shall be 1392
appointed or employed as a jail officer by any sheriff or police 1393
department for a period to exceed two (2) years without being 1394
certified. The prohibition against the appointment or employment 1395
of a jail officer for a period not to exceed two (2) years may not 1396
be nullified by terminating the appointment or employment of such 1397
a person before the expiration of the time period and then 1398
rehiring the person for another period. Any person who, due to 1399
illness or other events beyond his control, as may be determined 1400
by the Board on Jail Officer Standards and Training, does not 1401
attend the required school or training as scheduled, may serve 1402
with full pay and benefits in such a capacity until he can attend 1403
the required school or training. 1404
(c) No person shall serve as a jail officer in any 1405
full-, part-time, reserve or auxiliary capacity during a period 1406
when that person's certification has been suspended, cancelled or 1407
recalled pursuant to this chapter. 1408
(2) Jail officers serving under permanent appointment on 1409
January 1, 2000, shall not be required to meet certification 1410
requirements of this section as a condition of continued 1411
employment; nor shall failure of any such jail officer to fulfill 1412
such requirements make that person ineligible for any promotional 1413
examination for which that person is otherwise eligible. If any 1414
jail officer certified under this chapter leaves his employment 1415
and does not become employed as a jail officer within two (2) 1416
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years from the date of termination of his prior employment, he 1417
shall be required to comply with board policy as to rehiring 1418
standards in order to be employed as a jail officer. 1419
(3) In addition to the other requirements of this section, 1420
the Board on Jail Officer Standards and Training, by rules and 1421
regulations consistent with other provisions of law, shall fix 1422
other qualifications for the employment of jail officers, 1423
including education, physical and mental standards, 1424
citizenship, * * * experience and such other matters as relate to 1425
the competence and reliability of persons to assume and discharge 1426
the responsibilities of jail officers, and the board shall 1427
prescribe the means for presenting evidence of fulfillment of 1428
these requirements. Additionally, the board shall fix 1429
qualifications for the appointment or employment of part-time jail 1430
officers to essentially the same standards and requirements as 1431
jail officers. The board shall develop and implement a part-time 1432
jail officer training program that meets the same performance 1433
objectives and has essentially the same or similar content as the 1434
programs approved by the board for full-time jail officers. 1435
(4) (a) The Board on Jail Officer Standards and Training 1436
shall issue a certificate evidencing satisfaction of the 1437
requirements of subsections (1) and (3) of this section to any 1438
applicant who presents such evidence as may be required by its 1439
rules and regulations of satisfactory completion of a program or 1440
course of instruction in another jurisdiction equivalent in 1441
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content and quality to that required by the board for approved 1442
jail officer education and training programs in this state. 1443
(b) The Board on Jail Officer Standards and Training 1444
shall issue a certificate to any person who successfully completes 1445
the Mississippi Department of Corrections' training program for 1446
correctional officers of regional jails. 1447
(c) The Board on Jail Officer Standards and Training 1448
shall develop and train persons seeking certification as a 1449
correctional officer in the prevention of racial profiling. The 1450
provisions of this paragraph shall apply to all recruits who begin 1451
training on or after January 1, 2005. 1452
(5) Professional certificates remain the property of the 1453
board, and the board reserves the right to either reprimand the 1454
holder of a certificate, suspend a certificate upon conditions 1455
imposed by the board, or cancel and recall any certificate when: 1456
(a) The certificate was issued by administrative error; 1457
(b) The certificate was obtained through 1458
misrepresentation or fraud; 1459
* * * 1460
( * * *c) The holder has been convicted of a * * * 1461
disqualifying crime as provided in the Fresh Start Act; or 1462
( * * *d) Other due cause as determined by the board. 1463
(6) When the board believes there is a reasonable basis for 1464
either the reprimand, suspension, cancellation of, or recalling 1465
the certification of a jail officer, notice and opportunity for a 1466
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hearing shall be provided in accordance with law prior to such 1467
reprimand, suspension or revocation. 1468
(7) Any jail officer aggrieved by the final findings and 1469
order of the board may file an appeal with the chancery court of 1470
the county in which the person is employed. The appeal must be 1471
filed within thirty (30) days of the final order. 1472
(8) Any jail officer whose certification has been cancelled 1473
may reapply for certification, but not sooner than two (2) years 1474
after the date on which the order canceling the certification 1475
becomes final. 1476
SECTION 18. Section 45-6-11, Mississippi Code of 1972, is 1477
amended as follows: 1478
45-6-11. (1) Law enforcement officers already serving under 1479
permanent appointment on July 1, 1981, and personnel of the 1480
Division of Community Services under Section 47-7-9 serving on 1481
July 1, 1994, shall not be required to meet any requirement of 1482
subsections (3) and (4) of this section as a condition of 1483
continued employment; nor shall failure of any such law 1484
enforcement officer to fulfill such requirements make that person 1485
ineligible for any promotional examination for which that person 1486
is otherwise eligible. * * * However, if any law enforcement 1487
officer certified under the provisions of this chapter leaves his 1488
or her employment as such and does not become employed as a law 1489
enforcement officer within two (2) years from the date of 1490
termination of his or her prior employment, he or she shall be 1491
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required to comply with board policy as to rehiring standards in 1492
order to be employed as a law enforcement officer; except, that, 1493
if any law enforcement officer certified under this chapter leaves 1494
his or her employment as such to serve as a sheriff, he or she may 1495
be employed as a law enforcement officer after he or she has 1496
completed his or her service as a sheriff without being required 1497
to comply with board policy as to rehiring standards. Part-time 1498
law enforcement officers serving on or before July 1, 1998, shall 1499
have until July 1, 2001, to obtain certification as a part-time 1500
officer. 1501
(2) (a) Any person who has twenty (20) years of law 1502
enforcement experience and who is eligible to be certified under 1503
this section shall be eligible for recertification after leaving 1504
law enforcement on the same basis as someone who has taken the 1505
basic training course. Application to the board to qualify under 1506
this paragraph shall be made no later than June 30, 1993. 1507
(b) Any person who has twenty-five (25) years of law 1508
enforcement experience, whether as a part-time, full-time, reserve 1509
or auxiliary officer, and who has received certification as a 1510
part-time officer, may be certified as a law enforcement officer 1511
as defined in Section 45-6-3(c) without having to meet further 1512
requirements. Application to the board to qualify under this 1513
paragraph shall be made no later than June 30, 2009. 1514
(3) (a) No person shall be appointed or employed as a law 1515
enforcement officer or a part-time law enforcement officer unless 1516
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that person has been certified as being qualified under the 1517
provisions of subsection (4) of this section. 1518
(b) No person shall be appointed or employed as a law 1519
enforcement trainee in a full-time capacity by any law enforcement 1520
unit for a period to exceed one (1) year. No person shall be 1521
appointed or employed as a law enforcement trainee in a part-time, 1522
reserve or auxiliary capacity by any law enforcement unit for a 1523
period to exceed two (2) years. The prohibition against the 1524
appointment or employment of a law enforcement trainee in a 1525
full-time capacity for a period not to exceed one (1) year or a 1526
part-time, reserve or auxiliary capacity for a period not to 1527
exceed two (2) years may not be nullified by terminating the 1528
appointment or employment of such a person before the expiration 1529
of the time period and then rehiring the person for another 1530
period. Any person, who, due to illness or other events beyond 1531
his control, could not attend the required school or training as 1532
scheduled, may serve with full pay and benefits in such a capacity 1533
until he can attend the required school or training. 1534
(c) No person shall serve as a law enforcement officer 1535
in any full-time, part-time, reserve or auxiliary capacity during 1536
a period when that person's certification has been suspended, 1537
cancelled or recalled pursuant to the provisions of this chapter. 1538
(4) In addition to the requirements of subsections (3), (7) 1539
and (8) of this section, the board, by rules and regulations 1540
consistent with other provisions of law, shall fix other 1541
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qualifications for the employment of law enforcement officers, 1542
including minimum age, education, physical and mental standards, 1543
citizenship, * * * experience and such other matters as relate to 1544
the competence and reliability of persons to assume and discharge 1545
the responsibilities of law enforcement officers, and the board 1546
shall prescribe the means for presenting evidence of fulfillment 1547
of these requirements. Additionally, the board shall fix 1548
qualifications for the appointment or employment of part-time law 1549
enforcement officers to essentially the same standards and 1550
requirements as law enforcement officers. The board shall develop 1551
and implement a part-time law enforcement officer training program 1552
that meets the same performance objectives and has essentially the 1553
same or similar content as the programs approved by the board for 1554
full-time law enforcement officers and the board shall provide 1555
that such training shall be available locally and held at times 1556
convenient to the persons required to receive such training. 1557
(5) Any elected sheriff, constable, deputy or chief of 1558
police may apply for certification. Such certification shall be 1559
granted at the request of the elected official after providing 1560
evidence of satisfaction of the requirements of subsections (3) 1561
and (4) of this section. Certification granted to such elected 1562
officials shall be granted under the same standards and conditions 1563
as established by law enforcement officers and shall be subject to 1564
recall as in subsection (7) of this section. 1565
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(6) The board shall issue a certificate evidencing 1566
satisfaction of the requirements of subsections (3) and (4) of 1567
this section to any applicant who presents such evidence as may be 1568
required by its rules and regulations of satisfactory completion 1569
of a program or course of instruction in another jurisdiction or 1570
military training equivalent in content and quality to that 1571
required by the board for approved law enforcement officer 1572
education and training programs in this state, and has 1573
satisfactorily passed any and all diagnostic testing and 1574
evaluation as required by the board to ensure competency. 1575
(7) Professional certificates remain the property of the 1576
board, and the board reserves the right to either reprimand the 1577
holder of a certificate, suspend a certificate upon conditions 1578
imposed by the board, or cancel and recall any certificate when: 1579
(a) The certificate was issued by administrative error; 1580
(b) The certificate was obtained through 1581
misrepresentation or fraud; 1582
* * * 1583
( * * *c) The holder has been convicted of a * * * 1584
disqualifying crime as provided in the Fresh Start Act; 1585
( * * *d) The holder has committed an act of 1586
malfeasance or has been dismissed from his employing law 1587
enforcement agency; or 1588
( * * *e) Other due cause as determined by the board. 1589
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(8) When the board believes there is a reasonable basis for 1590
either the reprimand, suspension, cancellation of, or recalling 1591
the certification of a law enforcement officer or a part-time law 1592
enforcement officer, notice and opportunity for a hearing shall be 1593
provided in accordance with law prior to such reprimand, 1594
suspension or revocation. 1595
(9) Any full- or part-time law enforcement officer aggrieved 1596
by the findings and order of the board may file an appeal with the 1597
chancery court of the county in which such person is employed from 1598
the final order of the board. Such appeals must be filed within 1599
thirty (30) days of the final order of the board. 1600
(10) Any full- or part-time law enforcement officer whose 1601
certification has been cancelled pursuant to this chapter may 1602
reapply for certification, but not sooner than two (2) years after 1603
the date on which the order of the board cancelling such 1604
certification becomes final. 1605
(11) (a) Any full- or part-time law enforcement officer, 1606
who is certified as required by the provisions under this chapter, 1607
and such officer resigns from his or her law enforcement agency, 1608
then the agency that the officer has resigned from shall notify 1609
the board in writing and by email within seventy-two (72) hours of 1610
the officer's resignation. 1611
(b) If any full- or part-time law enforcement officer 1612
is terminated or resigns due to disciplinary action, the law 1613
enforcement agency shall notify the board within seventy-two (72) 1614
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hours of the termination or resignation, as the case may be, and 1615
the agency shall provide in writing and by email to the board, the 1616
explanation for the termination or resignation of the officer. 1617
The required explanation of such termination or resignation shall 1618
be submitted, along with the required notification, within the 1619
same seventy-two (72) hour time frame as required under this 1620
subsection. 1621
(c) If a law enforcement agency fails to adhere to the 1622
reporting requirements of this subsection, as determined by the 1623
board, then such agency, during the time of noncompliance: 1624
(i) Shall not be eligible for state grants or 1625
other subsidiary funding provided by the state; and 1626
(ii) Shall not receive reimbursement for 1627
continuing education requirements as provided under Section 1628
45-6-19. 1629
(d) When the board determines that a law enforcement 1630
agency failed to adhere to the reporting requirements of this 1631
subsection, notice and opportunity for a hearing shall be provided 1632
by the board in accordance with law prior to the failure of the 1633
reporting. 1634
(e) Any law enforcement agency that is aggrieved by any 1635
order or ruling made under the provisions of this subsection has 1636
the same rights and procedure of appeal as from any other order or 1637
ruling of the board. 1638
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(f) The board is authorized to institute and promulgate 1639
all rules necessary for implementing the requirements set out 1640
under this subsection (11). 1641
SECTION 19. Section 51-5-3, Mississippi Code of 1972, is 1642
amended as follows: 1643
51-5-3. In order to be licensed as a water well contractor 1644
in the State of Mississippi, the applicant must be qualified as 1645
set out below: 1646
(a) Be at least twenty-one (21) years of age; 1647
* * * 1648
( * * *b) Demonstrate to the satisfaction of the 1649
commission a reasonable knowledge of this chapter and the rules 1650
and regulations adopted by the commission under the provisions of 1651
this chapter; 1652
( * * *c) Possess the necessary drilling equipment, or 1653
present to the commission sufficient evidence to show that he has 1654
access to the use of such equipment at any time he needs it; and 1655
( * * *d) Have not less than three (3) years' 1656
experience in the work for which he is applying for a license. 1657
SECTION 20. Section 51-9-173, Mississippi Code of 1972, is 1658
amended as follows: 1659
51-9-173. For purposes of this article, unless the context 1660
requires otherwise, the following terms shall have the meanings 1661
ascribed herein: 1662
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(a) "District" means the Pearl River Valley Water 1663
Supply District. 1664
(b) "Qualified person" means a person who: 1665
(i) Has met all the educational and training 1666
requirements of a course of study prescribed and conducted by the 1667
Mississippi Law Enforcement Officers' Training Academy; and 1668
(ii) * * * Has not been convicted of * * * a 1669
disqualifying crime * * * as provided in the Fresh Start Act. 1670
SECTION 21. Section 65-1-129, Mississippi Code of 1972, is 1671
amended as follows: 1672
65-1-129. For purposes of Sections 65-1-129 through 1673
65-1-137, unless the context requires otherwise, the following 1674
terms shall have the meanings ascribed herein: 1675
(a) "Highway Commission" means the Mississippi State 1676
Highway Commission. 1677
(b) "Qualified person" means a person who: 1678
(i) Has met all the educational and training 1679
requirements of a course of study prescribed and conducted by the 1680
Mississippi Law Enforcement Officers' Training Academy; and 1681
(ii) * * * Has not been convicted of * * * a 1682
disqualifying crime * * * as provided in the Fresh Start Act. 1683
SECTION 22. Section 65-1-173, Mississippi Code of 1972, is 1684
amended as follows: 1685
65-1-173. For the purpose of enforcing and investigating all 1686
violations of the railroad laws, and the rules, regulations and 1687
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general orders of the Mississippi Transportation Commission 1688
promulgated thereunder, the commission is * * * authorized to 1689
employ five (5) inspectors and one (1) railway safety coordinator. 1690
The salaries of the inspectors and the safety coordinator shall be 1691
fixed by the commission, subject to the state personnel system law 1692
as provided under Section 25-9-101 et seq. The inspectors shall 1693
devote their full time to the performance of their duties and 1694
shall take an oath faithfully to perform the duties of their 1695
positions. The commission shall require bonds to be carried on 1696
such employees as the commission may deem necessary, the cost 1697
thereof to be paid by the commission. 1698
The inspectors shall be selected after an examination, as 1699
prescribed by the commission, as to physical and mental fitness, 1700
knowledge of the railroad laws, the rules and regulations of the 1701
commission, the laws of this state pertaining to arrest and any 1702
other examination as may be prescribed by the commission. An 1703
inspector, at the time of appointment, shall be a citizen of the 1704
State of Mississippi, * * * and shall not be less than twenty-one 1705
(21) years of age. 1706
The inspectors of the Mississippi Transportation Commission 1707
may enter upon private property upon which a railroad facility is 1708
located that is connected to but not a part of the general 1709
railroad system of transportation, at reasonable times and in a 1710
reasonable manner to perform an inspection, investigation or 1711
surveillance of facilities, equipment, records and operations 1712
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relating to the packaging, loading or transportation of hazardous 1713
materials or other materials to determine whether the railroad 1714
facility complies with the applicable federal or state safety 1715
statutes, rules, regulations or orders. Any inspection, 1716
investigation or surveillance performed on the site of a 1717
manufacturing facility shall be performed in compliance with the 1718
safety rules or regulations of the facility. 1719
SECTION 23. Section 67-3-19, Mississippi Code of 1972, is 1720
amended as follows: 1721
67-3-19. Where application is made for a permit to engage in 1722
the business of a retailer of light wine, light spirit product or 1723
beer, the applicant shall show in his application that he 1724
possesses the following qualifications: 1725
(a) Applicant must be a person at least twenty-one (21) 1726
years of age * * * and a resident of the State of Mississippi. 1727
(b) Applicant shall not have been convicted of a * * * 1728
disqualifying crime as provided in the Fresh Start Act, or of 1729
pandering or of keeping or maintaining a house of prostitution, or 1730
have been convicted within two (2) years of the date of his 1731
application of any violation of the laws of this state or the laws 1732
of the United States relating to alcoholic liquor. 1733
(c) Applicant shall not have had revoked, except for a 1734
violation of Section 67-3-52, within two (2) years next preceding 1735
his application, any license or permit issued to him pursuant to 1736
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the laws of this state, or any other state, to sell alcoholic 1737
liquor of any kind. 1738
(d) Applicant shall be the owner of the premises for 1739
which the permit is sought or the holder of an existing lease 1740
thereon. 1741
(e) Applicant shall not be residentially domiciled with 1742
any person whose permit has been revoked for cause, except for a 1743
violation of Section 67-3-52, within two (2) years next preceding 1744
the date of the present application for a permit. 1745
(f) The applicant has not had any license or permit to 1746
sell beer, light spirit product or light wine at retail revoked, 1747
within five (5) years next preceding his application, due to a 1748
violation of Section 67-3-52. 1749
(g) Applicant shall not employ any person whose permit 1750
has been revoked when such person owned or operated the business 1751
on the premises for which a permit is sought or allow such person 1752
to have any financial interest in the business of the applicant, 1753
until such person is qualified to obtain a permit in his own name. 1754
(h) The applicant is not indebted to the State of 1755
Mississippi for any taxes. 1756
(i) If applicant is a partnership, all members of the 1757
partnership must be qualified to obtain a permit. Each member of 1758
the partnership must be a resident of the State of Mississippi. 1759
(j) If applicant is a corporation, all officers and 1760
directors thereof, and any stockholder owning more than five 1761
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percent (5%) of the stock of such corporation, and the person or 1762
persons who shall conduct and manage the licensed premises for the 1763
corporation shall possess all the qualifications required herein 1764
for any individual permittee. However, the requirements as to 1765
residence shall not apply to officers, directors and stockholders 1766
of such corporation. 1767
Any misstatement or concealment of fact in an application 1768
shall be grounds for denial of the application or for revocation 1769
of the permit issued thereon. 1770
The commissioner may refuse to issue a permit to an applicant 1771
for a place that is frequented by known criminals, prostitutes, or 1772
other law violators or troublemakers who disturb the peace and 1773
quietude of the community and frequently require the assistance of 1774
peace officers to apprehend such law violators or to restore 1775
order. The burden of proof of establishing the foregoing shall 1776
rest upon the commissioner. 1777
SECTION 24. Section 73-1-13, Mississippi Code of 1972, is 1778
amended as follows: 1779
73-1-13. (1) The board shall adopt rules and regulations 1780
for the eligibility, examination and registration of applicants 1781
desiring to practice architecture in accordance with this chapter 1782
and may amend, modify or repeal such rules and regulations. 1783
The board shall receive applications for registration as an 1784
architect only on forms prescribed and furnished by the board and 1785
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upon receipt of such application may approve such applicant, 1786
providing such applicant meets the following requirements: 1787
(a) The applicant must have a professional degree in 1788
architecture from a school or college of architecture on the list 1789
of accredited schools of architecture issued by the National 1790
Architectural Accrediting Board; 1791
(b) The applicant must have been enrolled for a minimum 1792
of one (1) year in, and have completed all requirements of, a 1793
practical work internship program patterned after the National 1794
Council of Architectural Registration Boards intern-architect 1795
development program that will be prepared, adopted and approved by 1796
the board and must have received from the board a certification by 1797
the board that the applicant has met or exceeded the work 1798
requirements of the board. The internship work program shall 1799
include, but not be limited to, the following subjects: 1800
(i) Design and construction documents; 1801
(ii) Construction administration; 1802
(iii) Office management; and 1803
(iv) Related special activities. 1804
(c) The applicant must have passed the applicable 1805
National Council of Architectural Registration Board's 1806
examination; 1807
(d) The applicant must have satisfied the board as to 1808
the applicant's good standing in the profession * * *. Any of the 1809
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following acts shall preclude an applicant's eligibility as a 1810
candidate for registration: 1811
(i) Conviction by any court for commission of 1812
any * * * disqualifying crime as provided in the Fresh Start Act; 1813
(ii) Conviction by any court of a misdemeanor 1814
involving fraud, deceit or misrepresentation; 1815
(iii) Misstatement or misrepresentation of fact by 1816
the applicant in connection with the applicant's application for 1817
registration in this state or another jurisdiction; 1818
(iv) Violation of any of the rules of conduct 1819
required of applicants or architects as adopted by board; 1820
(v) Practicing architecture, or holding himself 1821
out as capable of practicing architecture, in this state in 1822
violation of the chapter. 1823
The board may admit an applicant otherwise precluded from 1824
consideration because of the prohibitions imposed in this 1825
paragraph (d) if the board determines that the applicant has shown 1826
clear and convincing evidence of rehabilitation and reform. Such 1827
decision is in the sole discretion of the board and upon such 1828
terms, conditions and evidence as the board may require. 1829
Additionally, notwithstanding the provisions of paragraph (b) 1830
of this subsection, if the applicant can provide sufficient and 1831
satisfactory evidence that he is unable to obtain the 1832
intern-architect development program certification, the board may 1833
accept in lieu thereof certification by the applicant that he has 1834
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completed not less than three (3) continuous years of actual 1835
engagement in architectural work in the office or offices of a 1836
licensed architect or architects. Such certification shall be on 1837
such terms, conditions and requirements as the board may 1838
establish. 1839
(2) The board may require that the applicant appear before 1840
the board for a personal interview. 1841
SECTION 25. Section 73-2-7, Mississippi Code of 1972, is 1842
amended as follows: 1843
73-2-7. In order to qualify for a license as a landscape 1844
architect, an applicant must: 1845
(a) Submit evidence of his * * * integrity to the 1846
examining board. 1847
(b) Have received a degree in landscape architecture 1848
from a college or university having a minimum four-year curriculum 1849
in landscape architecture approved by the board or have completed 1850
seven (7) years of work in the practice of landscape architecture 1851
of a grade and character suitable to the board. Graduation in a 1852
curriculum other than landscape architecture from a college or 1853
university shall be equivalent to two (2) years' experience of the 1854
seven (7) specified above in this section, except that no 1855
applicant shall receive credit for more than two (2) years' 1856
experience for any scholastic training. 1857
(c) Pass such written examination as required in 1858
Section 73-2-9. 1859
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Each application or filing made under this section shall 1860
include the social security number(s) of the applicant in 1861
accordance with Section 93-11-64, Mississippi Code of 1972. 1862
SECTION 26. Section 73-2-16, Mississippi Code of 1972, is 1863
amended as follows: 1864
73-2-16. (1) The board shall also have the power to revoke, 1865
suspend or annul the certificate or registration of a landscape 1866
architect or reprimand, censure or otherwise discipline a 1867
landscape architect. 1868
(2) The board, upon satisfactory proof and in accordance 1869
with the provisions of this chapter, may take the disciplinary 1870
actions against any registered landscape architect for any of the 1871
following reasons: 1872
(a) Violating any of the provisions of Sections 73-2-1 1873
through 73-2-21 or the implementing bylaws, rules, regulations or 1874
standards of ethics or conduct duly adopted and promulgated by the 1875
board pertaining to the practice of landscape architecture; 1876
(b) Fraud, deceit or misrepresentation in obtaining a 1877
certificate of registration; 1878
(c) Gross negligence, malpractice, incompetency or 1879
misconduct in the practice of landscape architecture; 1880
(d) Any professional misconduct, as defined by the 1881
board through bylaws, rules and regulations and standards of 1882
conduct and ethics (professional misconduct shall not be defined 1883
to include bidding on contracts for a price); 1884
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(e) Practicing or offering to practice landscape 1885
architecture on an expired license or while under suspension or 1886
revocation of a license unless said suspension or revocation be 1887
abated through probation; 1888
(f) Practicing landscape architecture under an assumed 1889
or fictitious name; 1890
(g) Being convicted by any court of a * * * 1891
disqualifying crime as provided in the Fresh Start Act, in which 1892
case the record of conviction shall be conclusive evidence; 1893
(h) Willfully misleading or defrauding any person 1894
employing him as a landscape architect by any artifice or false 1895
statement; 1896
(i) Having undisclosed financial or personal interest 1897
which compromises his obligation to his client; 1898
(j) Obtaining a certificate by fraud or deceit; or 1899
(k) Violating any of the provisions of this chapter. 1900
(3) Any person may prefer charges against any other person 1901
for committing any of the acts set forth in subsection (2). Such 1902
charges need not be sworn to, may be made upon actual knowledge, 1903
or upon information and belief, and shall be filed with the board. 1904
In the event any person licensed under Sections 73-2-1 through 1905
73-2-21 is expelled from membership in any Mississippi or national 1906
professional landscape architectural society or association, the 1907
board shall thereafter cite said person to appear at a hearing 1908
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before the board and to show cause why disciplinary action should 1909
not be taken against that person. 1910
The board shall investigate all charges filed with it and, 1911
upon finding reasonable cause to believe that the charges are not 1912
frivolous, unfounded or filed in bad faith, may, in its 1913
discretion, cause a hearing to be held, at a time and place fixed 1914
by the board, regarding the charges and may compel the accused by 1915
subpoena to appear before the board to respond to said charges. 1916
No disciplinary action taken hereunder may be taken until the 1917
accused has been furnished both a statement of the charges against 1918
him and notice of the time and place of the hearing thereof, which 1919
shall be personally served on the accused or mailed by registered 1920
or certified mail, return receipt requested, to the last known 1921
business or residence address of the accused not less than thirty 1922
(30) days prior to the date fixed for the hearing. 1923
(4) At any hearing held under the provisions of this 1924
section, the board shall have the power to subpoena witnesses and 1925
compel their attendance and require the production of any books, 1926
papers or documents. The hearing shall be conducted before the 1927
full board with the president of the board serving as the 1928
presiding judge. Counsel for the board shall present all evidence 1929
relating to the charges. All evidence shall be presented under 1930
oath, which may be administered by any member of the board, and 1931
thereafter the proceedings may, if necessary, be transcribed in 1932
full by the court reporter and filed as part of the record in the 1933
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case. Copies of such transcription may be provided to any party 1934
to the proceedings at a cost to be fixed by the board. 1935
All witnesses who shall be subpoenaed and who shall appear in 1936
any proceedings before the board shall receive the same fees and 1937
mileage as allowed by law in judicial civil proceedings, and all 1938
such fees shall be taxed as part of the costs of the case. 1939
Where in any proceedings before the board any witness shall 1940
fail or refuse to attend upon subpoena issued by the board, shall 1941
refuse to testify or shall refuse to produce any books and papers, 1942
the production of which is called for by the subpoena, the 1943
attendance of such witness and the giving of his testimony and the 1944
production of the books and papers shall be enforced by any court 1945
of competent jurisdiction of this state in the manner provided for 1946
the enforcement of attendance and testimony of witnesses in civil 1947
cases in the courts of this state. 1948
The accused shall have the right to be present at the hearing 1949
in person, by counsel or other representative, or both. The 1950
accused shall have the right to present evidence and to examine 1951
and cross-examine all witnesses. The board is authorized to 1952
continue or recess the hearing as may be necessary. 1953
(5) At the conclusion of the hearing, the board may either 1954
decide the issue at that time or take the case under advisement 1955
for further deliberation. The board shall render its decision not 1956
more than forty-five (45) days after the close of the hearing, and 1957
shall forward to the last known business or residence address of 1958
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the accused by certified or registered mail, return receipt 1959
requested, a written statement of the decision of the board. 1960
If a majority of the board finds the accused guilty of the 1961
charges filed, the board may: (a) issue a public or private 1962
reprimand; (b) suspend or revoke the license of the accused, if 1963
the accused is a registrant; or (c) in lieu of or in addition to 1964
such reprimand, suspension or revocation, assess and levy upon the 1965
guilty party a monetary penalty of not less than One Hundred 1966
Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) 1967
for each violation. 1968
(6) A monetary penalty assessed and levied under this 1969
section shall be paid to the board upon the expiration of the 1970
period allowed for appeal of such penalties under this section, or 1971
may be paid sooner if the guilty party elects. Money collected by 1972
the board under this section shall be deposited to the credit of 1973
the board's general operating fund. 1974
When payment of a monetary penalty assessed and levied by the 1975
board in accordance with this section is not paid when due, the 1976
board shall have the power to institute and maintain proceedings 1977
in its name for enforcement of payment in the chancery court of 1978
the county and judicial district of the residence of the guilty 1979
party and if the guilty party be a nonresident of the State of 1980
Mississippi, such proceedings shall be in the Chancery Court of 1981
the First Judicial District of Hinds County, Mississippi. 1982
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(7) When the board has taken a disciplinary action under 1983
this section, the board may, in its discretion, stay such action 1984
and place the guilty party on probation for a period not to exceed 1985
one (1) year upon the condition that the guilty party shall not 1986
further violate either the law of the State of Mississippi 1987
pertaining to the practice of landscape architecture or the 1988
bylaws, rules and regulations, or standards of conduct and ethics 1989
promulgated by the board. 1990
(8) The board, in its discretion, may assess and tax any 1991
part or all of the costs of any disciplinary proceedings conducted 1992
under this section against the accused, if the accused is found 1993
guilty of the charges. 1994
(9) The power and authority of the board to assess and levy 1995
the monetary penalties provided for in this section shall not be 1996
affected or diminished by any other proceeding, civil or criminal, 1997
concerning the same violation or violations except as provided in 1998
this section. 1999
(10) The board, for sufficient cause, may reissue a revoked 2000
license of registration whenever a majority of the board members 2001
vote to do so but in no event shall a revoked license be issued 2002
within two (2) years of the revocation. A new license of 2003
registration required to replace a revoked, lost, mutilated or 2004
destroyed license may be issued, subject to the rules of the 2005
board, for a charge not to exceed Twenty-five Dollars ($25.00). 2006
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(11) The board may direct the advisory committee to review 2007
and investigate any charges brought against any landscape 2008
architect under this chapter and to hold the hearings provided for 2009
in this section and to make findings of fact and recommendations 2010
to the board concerning the disposition of such charges. 2011
(12) Nothing herein contained shall preclude the board or 2012
advisory committee from initiating proceedings in any case. The 2013
advisory committee shall furnish legal advice and assistance to 2014
the board whenever such service is requested. 2015
(13) In addition to the reasons specified in subsection (2) 2016
of this section, the board shall be authorized to suspend the 2017
license of any licensee for being out of compliance with an order 2018
for support, as defined in Section 93-11-153. The procedure for 2019
suspension of a license for being out of compliance with an order 2020
for support, and the procedure for the reissuance or reinstatement 2021
of a license suspended for that purpose, and the payment of any 2022
fees for the reissuance or reinstatement of a license suspended 2023
for that purpose, shall be governed by Section 93-11-157 or 2024
93-11-163, as the case may be. If there is any conflict between 2025
any provision of Section 93-11-157 or 93-11-163 and any provision 2026
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 2027
as the case may be, shall control. 2028
SECTION 27. Section 73-4-17, Mississippi Code of 1972, is 2029
amended as follows: 2030
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73-4-17. There shall be two (2) classes of auctioneers' 2031
licenses, which shall be auctioneer and auction firm. All 2032
applicants for a license under this chapter shall possess the 2033
following minimum qualifications: 2034
(a) Applicants shall have attained the age of eighteen 2035
(18) years by the issuance date of the license. 2036
(b) Applicants shall have obtained at a minimum a high 2037
school diploma or G.E.D. equivalent and shall be graduates of an 2038
auctioneering school approved by the commission. 2039
(c) Each applicant for a license under this chapter 2040
shall demonstrate to the commission that he is * * * worthy of 2041
public trust through background information to be provided on his 2042
application form and two (2) letters of reference from persons not 2043
related to the applicant who have known the applicant at least 2044
three (3) years. The commission may require additional 2045
information or a personal interview with the applicant to 2046
determine if such applicant should be granted a license. 2047
(d) Each applicant for a license under this chapter 2048
shall take and successfully complete an examination as prescribed 2049
by the commission. The examination shall include questions on 2050
ethics, reading comprehension, writing, spelling, elementary 2051
arithmetic, elementary principals of land economics, general 2052
knowledge of bulk sales law, contracts of sale, agency, leases, 2053
brokerage, knowledge of various goods commonly sold at auction, 2054
ability to call bids, knowledge of sale preparation and proper 2055
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sale advertising and sale summary, and knowledge of the provisions 2056
of this chapter and the commission's rules and regulations. There 2057
shall be separate examinations for auctioneer and auction firm 2058
each based upon relevant subject matter appropriate to the license 2059
classification as set forth herein. Examinations shall be 2060
administered at least once a year and may be administered 2061
quarterly at the commission's discretion provided there are at 2062
least twenty-five (25) examinees. The commission shall ensure 2063
that the various forms of the test remain secure. 2064
(e) In order to defray the cost of administration of 2065
the examinations, applicants for the examination shall pay fees as 2066
follows: 2067
(i) Auctioneer............................ $100.00. 2068
(ii) Auction firm......................... $100.00. 2069
(f) Each applicant desiring to sit for the examination 2070
for any license required under this chapter shall be required to 2071
furnish to the commission at least thirty (30) days prior to the 2072
examination evidence of a surety bond in the following minimum 2073
amounts: 2074
(i) Auctioneer......................... $10,000.00. 2075
(ii) Auction firm...................... $10,000.00. 2076
(g) In addition to the bond required herein, applicants 2077
for the auction firm license shall furnish the commission with all 2078
relevant information concerning the premises to be licensed, to 2079
include location, whether the premises are owned or leased, and an 2080
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affidavit that the proposed use of the premises as an auction firm 2081
does not violate zoning or any other use restrictions. A separate 2082
license shall be required for each business location of the owner 2083
of multiple auction galleries. 2084
(h) Except as provided in Section 33-1-39, all licenses 2085
granted pursuant to this chapter shall be for a term of two (2) 2086
years and shall expire on the first day of March at the end of 2087
such two-year term. The biennial license fees shall be set from 2088
time to time by the commission with a maximum fee of Two Hundred 2089
Dollars ($200.00). License fees shall not be prorated for any 2090
portion of a year but shall be paid for the entire biennial period 2091
regardless of the date of the application. Individuals failing to 2092
submit license renewal fees on or before March 1 of the year for 2093
renewal shall be required to successfully pass the next 2094
administration of the examination in order to renew a license. 2095
(i) Each application or filing made under this section 2096
shall include the social security number(s) of the applicant in 2097
accordance with Section 93-11-64, Mississippi Code of 1972. 2098
(j) A licensee shall keep such books, accounts and 2099
records as will enable the commission to determine whether such 2100
licensee is in compliance with the provisions of this chapter, and 2101
rules and regulations made pursuant thereto, and any other law, 2102
rule and regulation applicable to the conduct of such business. 2103
The commission and its employees or representatives shall have the 2104
right to enter and make inspections of any place where the auction 2105
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business is carried on and inspect and copy any record pertaining 2106
to the auction business under this chapter. The commission may 2107
conduct or cause to be conducted an examination or audit of the 2108
books and records of any licensee at any time the commission deems 2109
proper, the cost of the examination or audit to be borne by the 2110
licensee. The refusal of access to the books and records shall be 2111
cause for the revocation of its license. 2112
SECTION 28. Section 73-4-25, Mississippi Code of 1972, is 2113
amended as follows: 2114
73-4-25. (1) The commission may refuse to issue or renew a 2115
license, place a licensee on probation or administrative 2116
supervision, suspend or revoke any license, or may reprimand or 2117
take any other action in relation to a license, including the 2118
imposition of a fine not to exceed Five Thousand Dollars 2119
($5,000.00) for each violation upon a licensee, or applicant for 2120
licensure, under this chapter for any of the following reasons: 2121
(a) Knowingly filing or causing to be filed a false 2122
application. 2123
(b) Failure to enter into a written contract with a 2124
seller or consignor prior to placing or permitting advertising for 2125
an auction sale to be placed. 2126
(c) Failure by the licensee to give the seller or 2127
consignor a signed receipt for items received for sale at auction, 2128
either by item or lot number at the time the goods are received, 2129
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unless the goods are to remain in the possession of the seller or 2130
consignor. 2131
(d) Failure to give the seller or consignor a statement 2132
or lot description, selling price, purchaser's identity and the 2133
net proceeds due to the seller or consignor. 2134
(e) Failure to place funds received from an auction 2135
sale in an escrow or trust account, and failure to make timely 2136
settlement on escrowed funds. Absent a written agreement to the 2137
contrary, five (5) business days shall be deemed timely for 2138
settlement on personal property. 2139
(f) Permitting an unlicensed auctioneer to call for 2140
bids in an auction sale. 2141
(g) Having been convicted of or pled guilty to a * * * 2142
disqualifying crime as provided in the Fresh Start Act in the 2143
courts of this state or any other state, territory or country. 2144
Conviction, as used in this paragraph, shall include a deferred 2145
conviction, deferred prosecution, deferred sentence, finding or 2146
verdict of guilt, an admission of guilt or a plea of nolo 2147
contendere. 2148
(h) Any course of intentional, willful or wanton 2149
conduct by a licensee or such licensee's employees which misleads 2150
or creates a false impression among the seller, buyer, bidders and 2151
the auctioneer in the advertising, conducting and closing of an 2152
auction sale. 2153
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(i) A continued and flagrant course of 2154
misrepresentation or making false promises, either by the 2155
licensee, an employee of the licensee, or by someone acting on 2156
behalf of and with the licensee's consent. 2157
(j) Any failure to account for or to pay over within a 2158
reasonable time funds belonging to another which have come into 2159
the licensee's possession through an auction sale. 2160
(k) Any false, misleading or untruthful advertising. 2161
(l) Any act of conduct in connection with a sales 2162
transaction which demonstrates bad faith or dishonesty. 2163
(m) Knowingly using false bidders, cappers or pullers, 2164
or knowingly making a material false statement or representation. 2165
(n) Commingling the funds or property of a client with 2166
the licensee's own or failing to maintain and deposit in a trust 2167
or escrow account in an insured bank or savings and loan 2168
association located in Mississippi funds received for another 2169
person through sale at auction. 2170
(o) Failure to give full cooperation to the commission 2171
and/or its designees, agents or other representatives in the 2172
performance of official duties of the commission. Such failure to 2173
cooperate includes, but is not limited to: 2174
(i) Failure to properly make any disclosures or to 2175
provide documents or information required by this chapter or by 2176
the commission; 2177
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(ii) Not furnishing, in writing, a full and 2178
complete explanation covering the matter contained in a complaint 2179
filed with the commission; 2180
(iii) Failure, without good cause, to cooperate 2181
with any request by the board to appear before it; 2182
(iv) Not providing access, as directed by the 2183
commission, for its authorized agents or representatives seeking 2184
to perform reviews, audits or inspections at facilities or places 2185
utilized by the license holder in the auction business; 2186
(v) Failure to provide information within the 2187
specified time allotted and as required by the board and/or its 2188
representatives or designees; 2189
(vi) Failure to cooperate with the board or its 2190
designees or representatives in the investigation of any alleged 2191
misconduct or willfully interfering with a board investigation. 2192
(p) A demonstrated lack of financial responsibility. 2193
(q) Having had a license for the practice of 2194
auctioneering or the auction business suspended or revoked in any 2195
jurisdiction, having voluntarily surrendered a license in any 2196
jurisdiction, having been placed on probation in any jurisdiction, 2197
having been placed under disciplinary order(s) or other 2198
restriction in any manner for auctioneering or the auction 2199
business (a certified copy of the order of suspension, revocation, 2200
probation or disciplinary action shall be prima facie evidence of 2201
such action). 2202
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(r) Any violation of this chapter or any violation of a 2203
rule or regulation duly adopted by the commission. 2204
(2) In addition to the acts specified in subsection (1) of 2205
this section, the commission shall be authorized to suspend the 2206
license of any licensee for being out of compliance with an order 2207
for support, as defined in Section 93-11-153. The procedure for 2208
suspension of a license for being out of compliance with an order 2209
for support, and the procedure for the reissuance or reinstatement 2210
of a license suspended for that purpose, and the payment of any 2211
fees for the reissuance or reinstatement of a license suspended 2212
for that purpose, shall be governed by Section 93-11-157 or 2213
93-11-163. If there is any conflict between any provision of 2214
Section 93-11-157 or 93-11-163 and any provision of this chapter, 2215
the provisions of Section 93-11-157 or 93-11-163, as the case may 2216
be, shall control. 2217
SECTION 29. Section 73-6-13, Mississippi Code of 1972, is 2218
amended as follows: 2219
73-6-13. (1) Any adult * * * who has (a) graduated from a 2220
school or college of chiropractic recognized by the State Board of 2221
Chiropractic Examiners, preceded by the successful completion of 2222
at least two (2) academic years at an accredited institution of 2223
higher learning, or accredited junior college, and (b) 2224
successfully completed parts 1, 2, 3 and 4 and the physical 2225
modality section of the examination prepared by the National Board 2226
of Chiropractic Examiners, shall be entitled to take the 2227
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examination for a license to practice chiropractic in Mississippi. 2228
The State Board of Chiropractic Examiners shall keep on file a 2229
list of schools or colleges of chiropractic which are so 2230
recognized. No chiropractic school shall be approved unless it is 2231
recognized and approved by the Council on Chiropractic Education, 2232
its successor or an equivalent accrediting agency, offers an 2233
accredited course of study of not less than four (4) academic 2234
years of at least nine (9) months in length, and requires its 2235
graduates to receive not less than forty (40) clock hours of 2236
instruction in the operation of x-ray machinery and not less than 2237
forty (40) clock hours of instruction in x-ray interpretation and 2238
diagnosis. 2239
(2) Except as otherwise provided in this section, the State 2240
Board of Health shall prescribe rules and regulations for the 2241
operation and use of x-ray machines. 2242
(3) The examination to practice chiropractic used by the 2243
board shall consist of testing on the statutes and the rules and 2244
regulations regarding the practice of chiropractic in the State of 2245
Mississippi. 2246
(4) Reciprocity privileges for a chiropractor from another 2247
state shall be granted at the board's option on an individual 2248
basis and by a majority vote of the State Board of Chiropractic 2249
Examiners to an adult * * * who (a) is currently an active 2250
competent practitioner for at least eight (8) years and holds an 2251
active chiropractic license in another state with no disciplinary 2252
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proceeding or unresolved complaint pending anywhere at the time a 2253
license is to be issued by this state, (b) demonstrates having 2254
obtained licensure as a chiropractor in another state under the 2255
same education requirements which were equivalent to the education 2256
requirements in this state to obtain a chiropractic license at the 2257
time the applicant obtained the license in the other state, (c) 2258
satisfactorily passes the examination administered by the State 2259
Board of Chiropractic Examiners, and (d) meets the requirements of 2260
Section 73-6-1(3) pertaining to therapeutic modalities. The 2261
issuance of a license by reciprocity to a military-trained 2262
applicant, military spouse or person who establishes residence in 2263
this state shall be subject to the provisions of Section 73-50-1 2264
or 73-50-2, as applicable. 2265
SECTION 30. Section 73-6-19, Mississippi Code of 1972, is 2266
amended as follows: 2267
73-6-19. (1) The board shall refuse to grant a certificate 2268
of licensure to any applicant or may cancel, revoke or suspend the 2269
certificate upon the finding of any of the following facts 2270
regarding the applicant or licensed practitioner: 2271
(a) Failure to comply with the rules and regulations 2272
adopted by the State Board of Chiropractic Examiners; 2273
(b) Violation of any of the provisions of this chapter 2274
or any of the rules and regulations of the State Board of Health 2275
pursuant to this chapter with regard to the operation and use of 2276
x-rays; 2277
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(c) Fraud or deceit in obtaining a license; 2278
(d) Addiction to the use of alcohol, narcotic drugs, or 2279
anything which would seriously interfere with the competent 2280
performance of his professional duties; 2281
(e) Conviction by a court of competent jurisdiction of 2282
a * * * disqualifying crime as provided in the Fresh Start Act; 2283
(f) Unprofessional and unethical conduct; 2284
(g) Contraction of a contagious disease which may be 2285
carried for a prolonged period; 2286
(h) Failure to report to the Mississippi Department of 2287
Human Services or the county attorney any case wherein there are 2288
reasonable grounds to believe that a child or vulnerable adult has 2289
been abused by its parent or person responsible for such person's 2290
welfare; 2291
(i) Advising a patient to use drugs, prescribing or 2292
providing drugs for a patient, or advising a patient not to use a 2293
drug prescribed by a licensed physician or dentist; 2294
(j) Professional incompetency in the practice of 2295
chiropractic; 2296
(k) Having disciplinary action taken by his peers 2297
within any professional chiropractic association or society; 2298
(l) Offering to accept or accepting payment for 2299
services rendered by assignment from any third-party payor after 2300
offering to accept or accepting whatever the third-party payor 2301
covers as payment in full, if the effect of the offering or 2302
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acceptance is to eliminate or give the impression of eliminating 2303
the need for payment by an insured of any required deductions 2304
applicable in the policy of the insured; 2305
(m) Associating his practice with any chiropractor who 2306
does not hold a valid chiropractic license in Mississippi, or 2307
teach chiropractic manipulation to nonqualified persons under 2308
Section 73-6-13; 2309
(n) Failure to make payment on chiropractic student 2310
loans; 2311
(o) Failure to follow record-keeping requirements 2312
prescribed in Section 73-6-18; 2313
(p) If the practitioner is certified to provide animal 2314
chiropractic treatment, failure to follow guidelines approved by 2315
the Mississippi Board of Veterinary Medicine; or 2316
(q) Violation(s) of the provisions of Sections 41-121-1 2317
through 41-121-9 relating to deceptive advertisement by health 2318
care practitioners. 2319
(2) Any holder of such certificate or any applicant therefor 2320
against whom is preferred any of the designated charges shall be 2321
furnished a copy of the complaint and shall receive a formal 2322
hearing in Jackson, Mississippi, before the board, at which time 2323
he may be represented by counsel and examine witnesses. The board 2324
is authorized to administer oaths as may be necessary for the 2325
proper conduct of any such hearing. In addition, the board is 2326
authorized and empowered to issue subpoenas for the attendance of 2327
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witnesses and the production of books and papers. The process 2328
issued by the board shall extend to all parts of the state. Where 2329
in any proceeding before the board any witness shall fail or 2330
refuse to attend upon subpoena issued by the board, shall refuse 2331
to testify, or shall refuse to produce any books and papers, the 2332
production of which is called for by the subpoena, the attendance 2333
of such witness and the giving of his testimony and the production 2334
of the books and papers shall be enforced by any court of 2335
competent jurisdiction of this state in the manner provided for 2336
the enforcement of attendance and testimony of witnesses in civil 2337
cases in the courts of this state. 2338
(3) In addition to any other investigators the board 2339
employs, the board shall appoint one or more licensed 2340
chiropractors to act for the board in investigating the conduct 2341
relating to the competency of a chiropractor, whenever 2342
disciplinary action is being considered for professional 2343
incompetence and unprofessional conduct. 2344
(4) Whenever the board finds any person unqualified to 2345
practice chiropractic because of any of the grounds set forth in 2346
subsection (1) of this section, after a hearing has been conducted 2347
as prescribed by this section, the board may enter an order 2348
imposing one or more of the following: 2349
(a) Deny his application for a license or other 2350
authorization to practice chiropractic; 2351
(b) Administer a public or private reprimand; 2352
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(c) Suspend, limit or restrict his license or other 2353
authorization to practice chiropractic for up to five (5) years; 2354
(d) Revoke or cancel his license or other authorization 2355
to practice chiropractic; 2356
(e) Require him to submit to care, counseling or 2357
treatment by physicians or chiropractors designated by the board, 2358
as a condition for initial, continued or renewal of licensure or 2359
other authorization to practice chiropractic; 2360
(f) Require him to participate in a program of 2361
education prescribed by the board; or 2362
(g) Require him to practice under the direction of a 2363
chiropractor designated by the board for a specified period of 2364
time. 2365
(5) Any person whose application for a license or whose 2366
license to practice chiropractic has been cancelled, revoked or 2367
suspended by the board within thirty (30) days from the date of 2368
such final decision shall have the right of a de novo appeal to 2369
the circuit court of his county of residence or the Circuit Court 2370
of the First Judicial District of Hinds County, Mississippi. If 2371
there is an appeal, such appeal may, in the discretion of and on 2372
motion to the circuit court, act as a supersedeas. The circuit 2373
court shall dispose of the appeal and enter its decision promptly. 2374
The hearing on the appeal may, in the discretion of the circuit 2375
judge, be tried in vacation. Either party shall have the right of 2376
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appeal to the Supreme Court as provided by law from any decision 2377
of the circuit court. 2378
(6) In a proceeding conducted under this section by the 2379
board for the revocation, suspension or cancellation of a license 2380
to practice chiropractic, after a hearing has been conducted as 2381
prescribed by this section, the board shall have the power and 2382
authority for the grounds stated in subsection (1) of this 2383
section, with the exception of paragraph (c) thereof, to assess 2384
and levy upon any person licensed to practice chiropractic in the 2385
state a monetary penalty in lieu of such revocation, suspension or 2386
cancellation, as follows: 2387
(a) For the first violation, a monetary penalty of not 2388
less than Five Hundred Dollars ($500.00) nor more than One 2389
Thousand Dollars ($1,000.00) for each violation. 2390
(b) For the second and each subsequent violation, a 2391
monetary penalty of not less than One Thousand Dollars ($1,000.00) 2392
nor more than Two Thousand Five Hundred Dollars ($2,500.00) for 2393
each violation. 2394
The power and authority of the board to assess and levy such 2395
monetary penalties under this section shall not be affected or 2396
diminished by any other proceeding, civil or criminal, concerning 2397
the same violation or violations. A licensee shall have the right 2398
of appeal from the assessment and levy of a monetary penalty as 2399
provided in this section to the circuit court under the same 2400
conditions as a right of appeal is provided for in this section 2401
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for appeals from an adverse ruling, or order, or decision of the 2402
board. Any monetary penalty assessed and levied under this 2403
section shall not take effect until after the time for appeal has 2404
expired, and an appeal of the assessment and levy of such a 2405
monetary penalty shall act as a supersedeas. 2406
(7) In addition to the grounds specified in subsection (1) 2407
of this section, the board shall be authorized to suspend the 2408
license of any licensee for being out of compliance with an order 2409
for support, as defined in Section 93-11-153. The procedure for 2410
suspension of a license for being out of compliance with an order 2411
for support, and the procedure for the reissuance or reinstatement 2412
of a license suspended for that purpose, and the payment of any 2413
fees for the reissuance or reinstatement of a license suspended 2414
for that purpose, shall be governed by Section 93-11-157 or 2415
93-11-163, as the case may be. Actions taken by the board in 2416
suspending a license when required by Section 93-11-157 or 2417
93-11-163 are not actions from which an appeal may be taken under 2418
this section. Any appeal of a license suspension that is required 2419
by Section 93-11-157 or 93-11-163 shall be taken in accordance 2420
with the appeal procedure specified in Section 93-11-157 or 2421
93-11-163, as the case may be, rather than the procedure specified 2422
in this section. If there is any conflict between any provision 2423
of Section 93-11-157 or 93-11-163 and any provision of this 2424
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 2425
case may be, shall control. 2426
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SECTION 31. Section 73-7-27, Mississippi Code of 1972, is 2427
amended as follows: 2428
73-7-27. (1) Any complaint may be filed with the board by a 2429
member or agent of the board or by any person charging any 2430
licensee of the board with the commission of any of the offenses 2431
enumerated in subsection (2) of this section. Such complaint 2432
shall be in writing, signed by the accuser or accusers, and 2433
verified under oath, and such complaints shall be investigated as 2434
set forth in Section 73-7-7. After the investigation, the board 2435
may dismiss the complaint if the board, through its administrative 2436
review agents, determines that there is not substantial 2437
justification to believe that the accused licensee has committed 2438
any of the offenses enumerated or, the board may prepare a formal 2439
complaint proceeding against the licensee as hereinafter provided. 2440
When used with reference to any complaint filed against a licensee 2441
herein, the term "not substantial justification" means a complaint 2442
that is frivolous, groundless in fact or law, or vexatious, as 2443
determined by unanimous vote of the board. In the event of a 2444
dismissal, the person filing the accusation and the accused 2445
licensee shall be given written notice of the board's 2446
determination. If the board determines there is reasonable cause 2447
to believe the accused has committed any of those offenses, the 2448
secretary of the board or the executive director shall give 2449
written notice of such determination to the accused licensee and 2450
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set a day for a hearing as provided in subsection (3) of this 2451
section. 2452
(2) The board shall have the power to revoke, suspend or 2453
refuse to issue or renew any license or certificate provided for 2454
in this chapter, and to fine, place on probation and/or otherwise 2455
discipline an applicant, student, licensee or holder of a 2456
certificate, upon proof that such person: (a) has not complied 2457
with or has violated any of the rules and regulations promulgated 2458
by the board; (b) has not complied with an order, decision, or 2459
ruling of the board; (c) has committed fraud or dishonest conduct 2460
in the taking of the examination herein provided for; (d) has been 2461
convicted of a * * * disqualifying crime as provided in the Fresh 2462
Start Act; (e) has committed grossly unprofessional or dishonest 2463
conduct; (f) is addicted to the excessive use of intoxicating 2464
liquors or to the use of drugs to such an extent as to render him 2465
or her unfit to practice in any of the practices or occupations 2466
set forth in this chapter; (g) has advertised by means of 2467
knowingly false or deceptive statements; (h) has failed to display 2468
the license or certificate issued to him or her as provided for in 2469
this chapter; or (i) has been convicted of violating any of the 2470
provisions of this chapter. A conviction of violating any of the 2471
provisions of this chapter shall be grounds for automatic 2472
suspension of the license or certificate of such person. 2473
(3) (a) The board shall not revoke, suspend or refuse to 2474
issue or renew any license or certificate, or fine, place on 2475
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probation or otherwise discipline any applicant, licensee or 2476
holder of a certificate in a disciplinary matter except after a 2477
hearing of which the applicant or licensee or holder of the 2478
certificate affected shall be given at least twenty (20) days' 2479
notice in writing, specifying the reason or reasons for denying 2480
the applicant a license or certificate of registration, or in the 2481
case of any other disciplinary action, the offense or offenses of 2482
which the licensee or holder of a certificate of registration is 2483
charged. Such notice may be served by mailing a copy thereof by 2484
United States first-class certified mail, postage prepaid, to the 2485
last-known residence or business address of such applicant, 2486
licensee or holder of a certificate. The hearing on such charges 2487
shall be at such time and place as the board may prescribe. The 2488
provisions of this paragraph (a) shall not apply to the board's 2489
collection of a civil penalty or fine imposed by the board under 2490
paragraph (b) of this subsection. 2491
(b) Any civil penalty or fine imposed by the board 2492
under this chapter resulting from an inspection or audit shall 2493
become due and payable when the applicant, licensee or holder of a 2494
certificate incurring the penalty receives a notice in writing 2495
from the board of the penalty. The notice shall be sent by 2496
registered or certified mail or by personal service. The person 2497
to whom the notice is addressed shall have thirty (30) days from 2498
the date of the notice in which to make written application for a 2499
hearing. Any person who makes the application for a hearing shall 2500
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be entitled to a hearing. The hearing shall be conducted as a 2501
contested case hearing. When an order assessing a civil penalty 2502
under this section becomes final by operation of law or on appeal, 2503
unless the amount of penalty is paid within thirty (30) days after 2504
the order becomes final, it may be recorded with the circuit clerk 2505
in any county of this state. The clerk shall then record the name 2506
of the person incurring the penalty and the amount of the penalty 2507
in his lien record book. 2508
(c) The board may temporarily suspend a license under 2509
this chapter without any hearing, simultaneously with the 2510
institution of proceedings under this section, if it finds that 2511
the evidence in support of the board's determination is clear, 2512
competent and unequivocal that the licensee's continuation in 2513
practice would constitute an imminent danger to public health and 2514
safety. 2515
(4) At such hearings, all witnesses shall be sworn by a 2516
court reporter, and stenographic notes of the proceedings shall be 2517
taken. Any party to the proceedings, at the request of such 2518
party, shall be furnished with a copy of such stenographic notes 2519
upon payment to the board of such fees as it shall prescribe, not 2520
exceeding, however, the actual costs of transcription. 2521
(5) The board is authorized and empowered to issue subpoenas 2522
for the attendance of witnesses and the production of books and 2523
papers. The process issued by the board shall extend to all parts 2524
of the state and such process shall be served by any person 2525
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designated by the board for such service. The person serving such 2526
process shall receive such compensation as may be allowed by the 2527
board, not to exceed the fee prescribed by law for similar 2528
services. All witnesses who shall be subpoenaed, and who shall 2529
appear in any proceedings before the board, shall receive the same 2530
fees and mileage as allowed by law. 2531
(6) Where in any proceeding before the board any witness 2532
shall fail or refuse to attend upon subpoena issued by the board, 2533
shall refuse to testify, or shall refuse to produce any books and 2534
papers, the production of which is called for by the subpoena, the 2535
attendance of such witness and the giving of his testimony and the 2536
production of the books and papers shall be enforced by any court 2537
of competent jurisdiction of this state, in the same manner as are 2538
enforced for the attendance and testimony of witnesses in civil 2539
cases in the courts of this state. 2540
(7) The board shall conduct the hearing in an orderly and 2541
continuous manner, granting continuances only when the ends of 2542
justice may be served. The board shall, within sixty (60) days 2543
after conclusion of the hearing, reduce its decision to writing 2544
and forward an attested true copy thereof to the last-known 2545
residence or business address of such applicant, licensee or 2546
holder of a certificate, by way of United States first-class 2547
certified mail, postage prepaid. 2548
(8) Any and all parties to the hearing shall have the right 2549
of appeal from an adverse ruling, or order, or decision of the 2550
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board to the Chancery Court of the First Judicial District of 2551
Hinds County, Mississippi, upon forwarding notice of appeal to the 2552
board within thirty (30) days after the decision of the board is 2553
mailed in the manner here contemplated. The appellant shall, 2554
together with the notice of appeal, first pay the costs for the 2555
transcription of the record of the hearing(s) and proceeding(s) 2556
before the board in which the adverse ruling, order or decision of 2557
the board was made. Any fine imposed by the board under the 2558
provisions of this chapter shall not take effect until after the 2559
time for appeal has expired, and an appeal of the imposition of 2560
such a fine shall act as a supersedeas bond. The appeal shall 2561
thereupon be heard in due course by the court, which shall review 2562
the record and make its determination thereon. 2563
(9) The board, in its discretion, may assess and charge any 2564
part or all of the costs of any disciplinary proceedings conducted 2565
under this section against the accused if the accused is found 2566
guilty of the charges. 2567
(10) Any fine imposed by the board upon a licensee or holder 2568
of a certificate shall be in accordance with the following class 2569
designation of fines: 2570
(a) Class A - No violations or the violations are minor 2571
health and safety violations that are detrimental to public safety 2572
and welfare. Violations under this class shall be set at no less 2573
than Fifty Dollars ($50.00) but no more than Two Hundred Dollars 2574
($200.00); 2575
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(b) Class B - Class B violations are major health and 2576
safety concerns that are detrimental to public safety and welfare 2577
and shall be set at no less than Two Hundred Fifty Dollars 2578
($250.00) but no more than Seven Hundred Fifty Dollars ($750.00); 2579
(c) Class C - Class C violations shall be set at no 2580
less than Eight Hundred Dollars ($800.00) but no more than One 2581
Thousand Dollars ($1,000.00) and are violations specific to the 2582
following: 2583
(i) Unlicensed practice or the use of fraudulent 2584
statements to obtain any benefits or privileges under this chapter 2585
or practicing one (1) of the professions regulated by the board 2586
without a license. These violations will be handled in accordance 2587
with the requirements of Section 73-7-27 or Section 73-7-37 when 2588
applicable; and 2589
(ii) Extremely dangerous to the health and safety 2590
of the public. 2591
The power and authority of the board to impose such fines 2592
under this section shall not be affected or diminished by any 2593
other proceeding, civil or criminal, concerning the same violation 2594
or violations. 2595
(11) In addition to the reasons specified in subsection (2) 2596
of this section, the board shall be authorized to suspend the 2597
license of any licensee for being out of compliance with an order 2598
for support, as defined in Section 93-11-153. The procedure for 2599
suspension of a license for being out of compliance with an order 2600
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for support, and the procedure for the reissuance or reinstatement 2601
of a license suspended for that purpose, and the payment of any 2602
fees for the reissuance or reinstatement of a license suspended 2603
for that purpose, shall be governed by Section 93-11-157 or 2604
93-11-163, as the case may be. Actions taken by the board in 2605
suspending a license when required by Section 93-11-157 or 2606
93-11-163 are not actions from which an appeal may be taken under 2607
this section. Any appeal of a license suspension that is required 2608
by Section 93-11-157 or 93-11-163 shall be taken in accordance 2609
with the appeal procedure specified in Section 93-11-157 or 2610
93-11-163, as the case may be, rather than the procedure specified 2611
in this section. If there is any conflict between any provision 2612
of Section 93-11-157 or 93-11-163 and any provision of this 2613
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 2614
case may be, shall control. 2615
SECTION 32. Section 73-9-23, Mississippi Code of 1972, is 2616
amended as follows: 2617
73-9-23. (1) No person who desires to practice dentistry or 2618
dental hygiene in the State of Mississippi shall be licensed until 2619
that person has passed an examination by the board. Applicants 2620
for examination shall apply in writing to the board for an 2621
examination at least thirty (30) days before the examination and 2622
shall upon application pay a nonrefundable fee as elsewhere 2623
provided in this chapter. 2624
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(2) An applicant for licensure by examination as a dentist 2625
who is a graduate of a dental school accredited by the Commission 2626
on Dental Accreditation of the American Dental Association (ADA), 2627
or its successor commission, shall: 2628
(a) Be * * * possessed of a high school education, and 2629
have attained the age of twenty-one (21) years; 2630
(b) Exhibit with the application a diploma or 2631
certificate of graduation from the ADA accredited dental school; 2632
and 2633
(c) Have successfully completed Parts I and II of the 2634
National Board Examinations of the Joint Commission on National 2635
Dental Examinations, or its successor commission, unless the 2636
applicant graduated from an accredited dental school before 1960. 2637
(3) An applicant for licensure by examination as a dentist 2638
who is a graduate of a non-ADA accredited foreign country dental 2639
school shall: 2640
(a) * * * Have attained the age of twenty-one (21) 2641
years; 2642
(b) Be proficient in oral and written communications in 2643
the English language; 2644
(c) Have completed not less than six (6) academic years 2645
of postsecondary study and graduated from a foreign dental school 2646
that is recognized by the licensure authorities in that country; 2647
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(d) Have been licensed as a dentist or admitted to the 2648
practice of dentistry in the foreign country in which the 2649
applicant received foreign dental school training; 2650
(e) Present documentation of having completed at least 2651
two (2) or more years of full-time postdoctoral dental education 2652
in a dental school accredited by the Commission on Dental 2653
Accreditation of the American Dental Association, or its successor 2654
commission, and has been certified by the dean of the accredited 2655
dental school as having achieved the same level of didactic and 2656
clinical competence as expected of a graduate of the school; and 2657
(f) Have successfully completed Parts I and II of the 2658
National Board Examinations of the Joint Commission on National 2659
Dental Examinations, or its successor commission, unless the 2660
applicant graduated from an approved dental school before 1960. 2661
(4) An applicant for licensure by examination as a dental 2662
hygienist who is a graduate of a dental hygiene school accredited 2663
by the Commission on Dental Accreditation of the American Dental 2664
Association (ADA), or its successor commission, shall: 2665
(a) Be * * * possessed of a high school education and 2666
have attained the age of eighteen (18) years; 2667
(b) Exhibit with the application a diploma or 2668
certificate of graduation from the ADA accredited dental hygiene 2669
school; and 2670
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(c) Have successfully completed the National Board 2671
Dental Hygiene Examinations of the Joint Commission on National 2672
Dental Examinations, or its successor commission. 2673
(5) An applicant for licensure by examination as a dental 2674
hygienist who is a graduate of a non-ADA accredited foreign 2675
country dental hygiene school shall: 2676
(a) * * * Have attained the age of eighteen (18) years; 2677
(b) Be proficient in oral and written communications in 2678
the English language; 2679
(c) Have completed not less than two (2) academic years 2680
of postsecondary study and graduated from a foreign dental hygiene 2681
school that is recognized by the licensure authorities in that 2682
country; 2683
(d) Have been licensed as a dental hygienist or 2684
admitted to the practice of dental hygiene in the foreign country 2685
in which the applicant received foreign dental hygiene school 2686
training; 2687
(e) Present documentation of having completed at least 2688
one or more years of full-time postgraduate clinical education in 2689
a dental hygiene school accredited by the Commission on Dental 2690
Accreditation of the American Dental Association, or its successor 2691
commission, and has been certified by the dean of the accredited 2692
dental hygiene school as having achieved the same level of 2693
didactic and clinical competence as expected of a graduate of the 2694
school; and 2695
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(f) Have successfully completed the National Board 2696
Dental Hygiene Examinations of the Joint Commission on National 2697
Dental Examinations, or its successor commission. 2698
(6) Applications shall be made in the form and content as 2699
required in this section and as shall be prescribed by the board, 2700
and each applicant shall submit upon request such proof as the 2701
board may require as to age * * * and qualifications. 2702
Applications must be signed by two (2) citizens of the state of 2703
which the applicant is a resident * * *. All applicants for 2704
licensure shall submit an endorsement from all states in which he 2705
or she is currently licensed or has ever been licensed to practice 2706
dentistry or dental hygiene. The board may disallow the licensure 2707
examination to any applicant who has been found guilty of any of 2708
the grounds for disciplinary action as enumerated in Section 2709
73-9-61. 2710
(7) Examination shall be as elsewhere provided in this 2711
chapter and the board may by its rules and regulations prescribe 2712
reasonable professional standards for oral, written, clinical and 2713
other examinations given to applicants, and, if deemed necessary 2714
by the board, include a requirement that licensure examinations of 2715
applicants be conducted utilizing live human subjects. Each 2716
applicant shall appear before the board and be examined to 2717
determine his or her learning and skill in dentistry or dental 2718
hygiene. If found by the members of the board conducting the 2719
examination to possess sufficient learning and skill 2720
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therein * * *, the board shall, as early as practicable, grant to 2721
the person a license to practice dentistry or dental hygiene, as 2722
the case may be, which shall be signed by each member of the board 2723
who attended the examination and approved the issuance of a 2724
license. 2725
(8) The Board of Dental Examiners may, at its own 2726
discretion, accept certification of a licensure applicant, either 2727
dentist or dental hygienist, by the National Board Examinations of 2728
the Joint Commission on National Dental Examinations, or its 2729
successor commission, in lieu of the written examination. 2730
However, in all such instances the board shall retain the right to 2731
administer such further written and practical examinations and 2732
demonstrations as it deems necessary. 2733
(9) Each application or filing made under this section shall 2734
include the social security number(s) of the applicant in 2735
accordance with Section 93-11-64. 2736
SECTION 33. Section 73-9-61, Mississippi Code of 1972, is 2737
amended as follows: 2738
73-9-61. (1) Upon satisfactory proof, and in accordance 2739
with statutory provisions elsewhere set out for such hearings and 2740
protecting the rights of the accused as well as the public, the 2741
State Board of Dental Examiners may deny the issuance or renewal 2742
of a license or may revoke or suspend the license of any licensed 2743
dentist or dental hygienist practicing in the State of 2744
Mississippi, or take any other action in relation to the license 2745
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as the board may deem proper under the circumstances, for any of 2746
the following reasons: 2747
(a) Misrepresentation in obtaining a license, or 2748
attempting to obtain, obtaining, attempting to renew or renewing a 2749
license or professional credential by making any material 2750
misrepresentation, including the signing in his or her 2751
professional capacity any certificate that is known to be false at 2752
the time he or she makes or signs the certificate. 2753
(b) Willful violation of any of the rules or 2754
regulations duly promulgated by the board, or of any of the rules 2755
or regulations duly promulgated by the appropriate dental 2756
licensure agency of another state or jurisdiction. 2757
(c) Being impaired in the ability to practice dentistry 2758
or dental hygiene with reasonable skill and safety to patients by 2759
reason of illness or use of alcohol, drugs, narcotics, chemicals, 2760
or any other type of material or as a result of any mental or 2761
physical condition. 2762
(d) Administering, dispensing or prescribing any 2763
prescriptive medication or drug outside the course of legitimate 2764
professional dental practice. 2765
(e) Being convicted or found guilty of or entering a 2766
plea of nolo contendere to, regardless of adjudication, a 2767
violation of any federal or state law regulating the possession, 2768
distribution or use of any narcotic drug or any drug considered a 2769
controlled substance under state or federal law, a certified copy 2770
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of the conviction order or judgment rendered by the trial court 2771
being prima facie evidence thereof, notwithstanding the pendency 2772
of any appeal. 2773
(f) Practicing incompetently or negligently, regardless 2774
of whether there is actual harm to the patient. 2775
* * * 2776
( * * *g) Being convicted or found guilty of or 2777
entering a plea of nolo contendere to, regardless of adjudication, 2778
a * * * disqualifying crime as provided in the Fresh Start Act in 2779
any jurisdiction, a certified copy of the conviction order or 2780
judgment rendered by the trial court being prima facie evidence 2781
thereof, notwithstanding the pendency of any appeal. 2782
( * * *h) Delegating professional responsibilities to a 2783
person who is not qualified by training, experience or licensure 2784
to perform them. 2785
( * * *i) The refusal of a licensing authority of 2786
another state or jurisdiction to issue or renew a license, permit 2787
or certificate to practice dentistry or dental hygiene in that 2788
jurisdiction or the revocation, suspension or other restriction 2789
imposed on a license, permit or certificate issued by the 2790
licensing authority that prevents or restricts practice in that 2791
jurisdiction, a certified copy of the disciplinary order or action 2792
taken by the other state or jurisdiction being prima facie 2793
evidence thereof, notwithstanding the pendency of any appeal. 2794
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( * * *j) Surrender of a license or authorization to 2795
practice dentistry or dental hygiene in another state or 2796
jurisdiction when the board has reasonable cause to believe that 2797
the surrender is made to avoid or in anticipation of a 2798
disciplinary action. 2799
( * * *k) Any unprofessional conduct to be determined 2800
by the board on a case-by-case basis, which shall include, but not 2801
be restricted to, the following: 2802
* * * 2803
( * * *i) Practicing deceit or other fraud upon 2804
the public. 2805
( * * *ii) Practicing dentistry or dental hygiene 2806
under a false or assumed name. 2807
( * * *iii) Advertising that is false, deceptive 2808
or misleading. 2809
( * * *iv) Announcing a specialized practice shall 2810
be considered advertising that tends to deceive or mislead the 2811
public unless the dentist announcing as a specialist conforms to 2812
other statutory provisions and the duly promulgated rules or 2813
regulations of the board pertaining to practice of dentistry in 2814
the State of Mississippi. 2815
( * * *l) Failure to provide and maintain reasonable 2816
sanitary facilities and conditions or failure to follow board 2817
rules regarding infection control. 2818
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( * * *m) Committing any act which would constitute 2819
sexual misconduct upon a patient or upon ancillary staff. For 2820
purposes of this subsection, the term sexual misconduct means: 2821
(i) Use of the licensee-patient relationship to 2822
engage or attempt to engage the patient in sexual activity; or 2823
(ii) Conduct of a licensee that is intended to 2824
intimidate, coerce, influence or trick any person employed by or 2825
for the licensee in a dental practice or educational setting for 2826
the purpose of engaging in sexual activity or activity intended 2827
for the sexual gratification of the licensee. 2828
( * * *n) Violation of a lawful order of the board 2829
previously entered in a disciplinary or licensure hearing; failure 2830
to cooperate with any lawful request or investigation by the 2831
board; or failure to comply with a lawfully issued subpoena of the 2832
board. 2833
( * * *o) Willful, obstinate and continuing refusal to 2834
cooperate with the board in observing its rules and regulations in 2835
promptly paying all legal license or other fees required by law. 2836
( * * *p) Practicing dentistry or dental hygiene while 2837
the person's license is suspended. 2838
( * * *q) Violation(s) of the provisions of Sections 2839
41-121-1 through 41-121-9 relating to deceptive advertisement by 2840
health care practitioners. 2841
(2) In lieu of revocation of a license as provided for 2842
above, the board may suspend the license of the offending dentist 2843
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or dental hygienist, suspend the sedation permit of the offending 2844
dentist, or take any other action in relation to his or her 2845
license as the board may deem proper under the circumstances. 2846
(3) When a license to practice dentistry or dental hygiene 2847
is revoked or suspended by the board, the board may, in its 2848
discretion, stay the revocation or suspension and simultaneously 2849
place the licensee on probation upon the condition that the 2850
licensee shall not violate the laws of the State of Mississippi 2851
pertaining to the practice of dentistry or dental hygiene and 2852
shall not violate the rules and regulations of the board and shall 2853
not violate any terms in relation to his or her license as may be 2854
set by the board. 2855
(4) In a proceeding conducted under this section by the 2856
board for the denial, revocation or suspension of a license to 2857
practice dentistry or dental hygiene, the board shall have the 2858
power and authority for the grounds stated for that denial, 2859
revocation or suspension, and in addition thereto or in lieu of 2860
that denial, revocation or suspension may assess and levy upon any 2861
person licensed to practice dentistry or dental hygiene in the 2862
State of Mississippi, a monetary penalty, as follows: 2863
(a) For the first violation of any of paragraph (a), 2864
(b), (c), (d), (f), ( * * *h), ( * * *k), ( * * *l), ( * * *m), 2865
( * * *n) or ( * * *p) of subsection (1) of this section, a 2866
monetary penalty of not less than Fifty Dollars ($50.00) nor more 2867
than Five Hundred Dollars ($500.00). 2868
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(b) For the second violation of any of paragraph (a), 2869
(b), (c), (d), (f), ( * * *h), ( * * *k), ( * * *l), ( * * *m), 2870
( * * *n) or ( * * *p) of subsection (1) of this section, a 2871
monetary penalty of not less than One Hundred Dollars ($100.00) 2872
nor more than One Thousand Dollars ($1,000.00). 2873
(c) For the third and any subsequent violation of any 2874
of paragraph (a), (b), (c), (d), (f), ( * * *h), ( * * *k), 2875
( * * *l), ( * * *m), ( * * *n) or ( * * *p) of subsection (1) of 2876
this section, a monetary penalty of not less than Five Hundred 2877
Dollars ($500.00) and not more than Five Thousand Dollars 2878
($5,000.00). 2879
(d) For any violation of any of paragraphs (a) through 2880
( * * *p) of subsection (1) of this section, those reasonable 2881
costs that are expended by the board in the investigation and 2882
conduct of a proceeding for licensure revocation or suspension, 2883
including, but not limited to, the cost of process service, court 2884
reporters, expert witnesses and investigators. 2885
(5) The power and authority of the board to assess and levy 2886
monetary penalties under this section shall not be affected or 2887
diminished by any other proceeding, civil or criminal, concerning 2888
the same violation or violations except as provided in this 2889
section. 2890
(6) A licensee shall have the right of appeal from the 2891
assessment and levy of a monetary penalty as provided in this 2892
section under the same conditions as a right of appeal is provided 2893
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elsewhere for appeals from an adverse ruling, order or decision of 2894
the board. 2895
(7) Any monetary penalty assessed and levied under this 2896
section shall not take effect until after the time for appeal has 2897
expired. In the event of an appeal, the appeal shall act as a 2898
supersedeas. 2899
(8) A monetary penalty assessed and levied under this 2900
section shall be paid to the board by the licensee upon the 2901
expiration of the period allowed for appeal of those penalties 2902
under this section or may be paid sooner if the licensee elects. 2903
With the exception of subsection (4)(d) of this section, monetary 2904
penalties collected by the board under this section shall be 2905
deposited to the credit of the General Fund of the State Treasury. 2906
Any monies collected by the board under subsection (4)(d) of this 2907
section shall be deposited into the special fund operating account 2908
of the board. 2909
(9) When payment of a monetary penalty assessed and levied 2910
by the board against a licensee in accordance with this section is 2911
not paid by the licensee when due under this section, the board 2912
shall have power to institute and maintain proceedings in its name 2913
for enforcement of payment in the chancery court of the county and 2914
judicial district of residence of the licensee, and if the 2915
licensee is a nonresident of the State of Mississippi, the 2916
proceedings shall be in the Chancery Court of the First Judicial 2917
District of Hinds County, Mississippi. 2918
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(10) In addition to the reasons specified in subsection (1) 2919
of this section, the board shall be authorized to suspend the 2920
license of any licensee for being out of compliance with an order 2921
for support, as defined in Section 93-11-153. The procedure for 2922
suspension of a license for being out of compliance with an order 2923
for support, and the procedure for the reissuance or reinstatement 2924
of a license suspended for that purpose, and the payment of any 2925
fees for the reissuance or reinstatement of a license suspended 2926
for that purpose, shall be governed by Section 93-11-157 or 2927
93-11-163, as the case may be. If there is any conflict between 2928
any provision of Section 93-11-157 or 93-11-163 and any provision 2929
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 2930
as the case may be, shall control. 2931
(11) All grounds for disciplinary action, including 2932
imposition of fines and assessment of costs as enumerated above, 2933
shall also apply to any other license or permit issued by the 2934
board under this chapter or regulations duly adopted by the board. 2935
SECTION 34. Section 73-11-51, Mississippi Code of 1972, is 2936
amended as follows: 2937
73-11-51. (1) No person shall engage in the business or 2938
practice of funeral service, including embalming, and/or funeral 2939
directing or hold himself out as transacting or practicing or 2940
being entitled to transact or practice funeral service, including 2941
embalming, and/or funeral directing in this state unless duly 2942
licensed under the provisions of this chapter. 2943
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(2) The board is authorized and empowered to examine 2944
applicants for licenses for the practice of funeral service and 2945
funeral directing and shall issue the proper license to those 2946
persons who successfully pass the applicable examination and 2947
otherwise comply with the provisions of this chapter. 2948
(3) To be licensed for the practice of funeral directing 2949
under this chapter, a person must furnish satisfactory evidence to 2950
the board that he or she: 2951
(a) Is at least eighteen (18) years of age; 2952
(b) Has a high school diploma or the equivalent 2953
thereof; 2954
(c) Has served as a resident trainee for not less than 2955
twelve (12) months under the supervision of a person licensed for 2956
the practice of funeral service or funeral directing in this 2957
state; and 2958
(d) Has successfully passed a written and/or oral 2959
examination as prepared or approved by the board * * *. 2960
* * * 2961
(4) To be licensed for the practice of funeral service under 2962
this chapter, a person must furnish satisfactory evidence to the 2963
board that he or she: 2964
(a) Is at least eighteen (18) years of age; 2965
(b) Has a high school diploma or the equivalent 2966
thereof; 2967
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(c) Has successfully completed twelve (12) months or 2968
more of academic and professional instruction from an institution 2969
accredited by the United States Department of Education for 2970
funeral service education and have a certificate of completion 2971
from an institution accredited by the American Board of Funeral 2972
Service Education or any other successor recognized by the United 2973
States Department of Education for funeral service education; 2974
(d) Has served as a resident trainee for not less than 2975
twelve (12) months, either before or after graduation from an 2976
accredited institution mentioned above, under the supervision of a 2977
person licensed for the practice of funeral service in this state 2978
and in an establishment licensed in this state; and 2979
(e) Has successfully passed the National Conference of 2980
Funeral Examiners examination and/or such other examination as 2981
approved by the board * * *. 2982
* * * 2983
(5) All applications for examination and license for the 2984
practice of funeral service or funeral directing shall be upon 2985
forms furnished by the board and shall be accompanied by an 2986
examination fee, a licensing fee and a nonrefundable application 2987
fee in amounts fixed by the board in accordance with Section 2988
73-11-56. The fee for an initial license, however, may be 2989
prorated in proportion to the period of time from the date of 2990
issuance to the date of biennial license renewal prescribed in 2991
subsection (8) of this section. All applications for examination 2992
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shall be filed with the board office at least sixty (60) days 2993
before the date of examination. A candidate shall be deemed to 2994
have abandoned the application for examination if he does not 2995
appear on the scheduled date of examination unless such failure to 2996
appear has been approved by the board. 2997
(6) The practice of funeral service or funeral directing 2998
must be engaged in at a licensed funeral establishment, at least 2999
one (1) of which is listed as the licensee's place of business; 3000
and no person, partnership, corporation, association or other 3001
organization shall open or maintain a funeral establishment at 3002
which to engage in or conduct or hold himself or itself out as 3003
engaging in the practice of funeral service or funeral directing 3004
until such establishment has complied with the licensing 3005
requirements of this chapter. A license for the practice of 3006
funeral service or funeral directing shall be used only at 3007
licensed funeral establishments; however, this provision shall not 3008
prevent a person licensed for the practice of funeral service or 3009
funeral directing from conducting a funeral service at a church, a 3010
residence, public hall, lodge room or cemetery chapel, if such 3011
person maintains a fixed licensed funeral establishment of his own 3012
or is in the employ of or an agent of a licensed funeral 3013
establishment. 3014
(7) Any person holding a valid, unrevoked and unexpired 3015
nonreciprocal license in another state or territory having 3016
requirements greater than or equal to those of this state as 3017
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determined by the board may apply for a license to practice in 3018
this state by filing with the board a certified statement from the 3019
secretary of the licensing board of the state or territory in 3020
which the applicant holds his license certifying to his 3021
qualifications and good standing with that board. He/she must 3022
also successfully pass a written and/or oral examination on the 3023
Mississippi Funeral Service licensing law and rules and 3024
regulations as prepared or approved by the board, and must pay a 3025
nonrefundable application fee set by the board. If the board 3026
finds that the applicant has fulfilled aforesaid requirements and 3027
has fulfilled substantially similar requirements of those required 3028
for a Mississippi licensee, the board shall grant such license 3029
upon receipt of a fee in an amount equal to the renewal fee set by 3030
the board for a license for the practice of funeral service or 3031
funeral directing, as the case may be, in this state. The board 3032
may issue a temporary funeral service or funeral directing work 3033
permit before a license is granted, before the next regular 3034
meeting of the board, if the applicant for a reciprocal license 3035
has complied with all requirements, rules and regulations of the 3036
board. The temporary permit will expire at the next regular 3037
meeting of the board. The issuance of a license or temporary 3038
permit by reciprocity to a military-trained applicant, military 3039
spouse or person who establishes residence in this state shall be 3040
subject to the provisions of Section 73-50-1 or 73-50-2, as 3041
applicable. 3042
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(8) (a) Except as provided in Section 33-1-39, any person 3043
holding a license for the practice of funeral service or funeral 3044
directing may have the same renewed for a period of two (2) years 3045
by making and filing with the board an application on or before 3046
the due date. Payment of the renewal fee shall be in an amount 3047
set by the board in accordance with Section 73-11-56. The board 3048
shall mail the notice of renewal and the due date for the payment 3049
of the renewal fee to the last-known address of each licensee at 3050
least thirty (30) days before that date. It is the responsibility 3051
of the licensee to notify the board in writing of any change of 3052
address. An application will be considered late if the 3053
application and proper fees are not in the board's office or 3054
postmarked by the due date. Failure of a license holder to 3055
receive the notice of renewal shall not exempt or excuse a license 3056
holder from the requirement of renewing the license on or before 3057
the license expiration date. 3058
(b) If the renewal fee is not paid on or postmarked by 3059
the due date, the license of such person shall by operation of law 3060
automatically expire and become void without further action of the 3061
board. The board may reinstate such license if application for 3062
licensure is made within a period of five (5) years, upon payment 3063
of the renewal fee for the current year, all renewal fees in 3064
arrears, and a reinstatement fee. After a period of five (5) 3065
years, the licensee must make application, pay the current renewal 3066
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fee, all fees in arrears, and pass a written and/or oral 3067
examination as prepared or approved by the board. 3068
(9) No license shall be assignable or valid for any person 3069
other than the original licensee. 3070
(10) The board may, in its discretion, if there is a major 3071
disaster or emergency where human death is likely to occur, 3072
temporarily authorize the practice of funeral directing and 3073
funeral service by persons licensed to practice in another state 3074
but not licensed to practice in this state. Only persons licensed 3075
in this state, however, may sign death certificates. 3076
(11) Any funeral service technology or mortuary science 3077
program accredited by the American Board of Funeral Service 3078
Education in the State of Mississippi, as well as students 3079
enrolled in such a program, shall be exempt from licensing under 3080
this chapter when embalming or otherwise preparing a deceased 3081
human body for disposition as part of a student practicum 3082
experience, when the student is directly supervised by an 3083
instructor or preceptor who holds a current funeral service 3084
license. This exemption shall apply to practicum experiences 3085
performed at an accredited institution of funeral service 3086
technology or mortuary science program or at a duly licensed 3087
funeral establishment or commercial mortuary service. Nothing in 3088
this subsection shall be construed to allow any funeral service 3089
technology or mortuary science program, or those students enrolled 3090
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in such a program, to engage in practicum experiences for 3091
remuneration. 3092
(12) Each application or filing made under this section 3093
shall include the social security number(s) of the applicant in 3094
accordance with Section 93-11-64. 3095
SECTION 35. Section 73-11-57, Mississippi Code of 1972, is 3096
amended as follows: 3097
73-11-57. (1) The board, upon satisfactory proof at proper 3098
hearing and in accordance with the provisions of this chapter and 3099
the regulations of the board, may suspend, revoke, or refuse to 3100
issue or renew any license under this chapter, reprimand or place 3101
the holder of a license on a term of probation, and/or take any 3102
other action in relation to a license as the board may deem proper 3103
under the circumstances upon any of the following grounds: 3104
(a) The employment of fraud or deception in applying 3105
for a license or in passing the examination provided for in this 3106
chapter; 3107
(b) The erroneous issuance of a license to any person; 3108
(c) The conviction of a * * * disqualifying crime as 3109
provided in the Fresh Start Act by any court in this state or any 3110
federal court or by the court of any other state or territory of 3111
the United States; having been convicted of or pled guilty to 3112
a * * * disqualifying crime as provided in the Fresh Start Act in 3113
the courts of this state or any other state, territory or country 3114
which would prevent a person from holding elected office. 3115
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Conviction, as used in this paragraph, shall include a deferred 3116
conviction, deferred prosecution, deferred sentence, finding or 3117
verdict of guilt, an admission of guilty, or a plea of nolo 3118
contendere; 3119
(d) The practice of embalming under a false name or 3120
without a license for the practice of funeral service; 3121
(e) The impersonation of another funeral service or 3122
funeral directing licensee; 3123
(f) The permitting of a person other than a funeral 3124
service or funeral directing licensee to make arrangements for a 3125
funeral and/or form of disposition; 3126
(g) Violation of any provision of this chapter or any 3127
rule or regulation of the board; 3128
(h) Having had a license for the practice of funeral 3129
service or funeral directing suspended or revoked in any 3130
jurisdiction, having voluntarily surrendered his license in any 3131
jurisdiction, having been placed on probation in any jurisdiction, 3132
having been placed under disciplinary order(s) or other 3133
restriction in any manner for funeral directing and/or funeral 3134
service, or operating a funeral establishment (a certified copy of 3135
the order of suspension, revocation, probation or disciplinary 3136
action shall be prima facie evidence of such action); 3137
(i) Solicitation of dead human bodies by the licensee, 3138
his agents, assistants or employees, whether such solicitation 3139
occurs after death or when death is imminent; if the person 3140
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solicited has made known a desire not to receive the 3141
communication, or if the solicitation involves coercion, duress or 3142
harassment, or if the solicitation takes place at the residence of 3143
the client or prospective client and is uninvited by the client or 3144
prospective client and has not been previously agreed to by the 3145
client or prospective client; however, this shall not be deemed to 3146
prohibit general advertising; 3147
(j) Employment directly or indirectly of any 3148
apprentice, agent, assistant, employee, or other person, on a 3149
part-time or full-time basis or on commission, for the purpose of 3150
calling upon individuals or institutions by whose influence dead 3151
human bodies may be turned over to a particular funeral 3152
establishment; 3153
(k) Failure to give full cooperation to the board 3154
and/or its designees, agents or other representatives in the 3155
performance of official duties of the board. Such failure to 3156
cooperate includes, but is not limited to: 3157
(i) Not furnishing any relevant papers or 3158
documents requested by or for the board; 3159
(ii) Not furnishing, in writing, an adequate 3160
explanation covering the matter contained in a complaint filed 3161
with the board; 3162
(iii) Not responding without cause to subpoenas 3163
issued by the board, whether or not the licensee is the party 3164
charged in any preceding before the board; 3165
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(iv) Not reasonably providing access, as directed 3166
by the board for its authorized agents or representatives seeking 3167
to perform reviews or inspections at facilities or places utilized 3168
by the license holder in the practice of funeral service or 3169
funeral directing and/or in performing any other activity 3170
regulated by the board under this chapter; 3171
(v) Failure to provide information within the 3172
specified time allotted and as required by the board and/or its 3173
representatives or designees; 3174
(vi) Failure to cooperate with the board or its 3175
designees or representatives in the investigation of any alleged 3176
misconduct or interfering with a board investigation by willful 3177
misrepresentation of facts; 3178
(vii) Deceiving or attempting to deceive the board 3179
regarding any matter under investigation, including altering or 3180
destroying any records; and 3181
(viii) Failure, without good cause, to cooperate 3182
with any request by the board to appear before it; 3183
(l) Knowingly performing any act that in any way 3184
assists an unlicensed person to practice funeral service or 3185
funeral directing; 3186
(m) Knowingly making a false statement on death 3187
certificates; 3188
* * * 3189
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applicability of.
( * * *n) Violating any statute, ordinance, rule or 3190
regulation of the state or any of its boards, agencies or 3191
political subdivisions affecting the registration of deaths or the 3192
handling, custody, care or transportation of dead human bodies; or 3193
( * * *o) Unprofessional conduct in the practice of 3194
funeral service or funeral directing which includes, but is not 3195
limited to: 3196
(i) Retaining a dead human body for the payment of 3197
a fee for the performance of services that are not authorized; 3198
(ii) Knowingly performing any act which in any way 3199
assists an unlicensed person to practice funeral service or 3200
funeral directing; 3201
(iii) Being guilty of any dishonorable conduct 3202
likely to deceive, defraud or harm the public; 3203
(iv) Any act or omission in the practice of 3204
funeral service or directing which constitutes dishonesty, fraud 3205
or misrepresentation with the intent to benefit the licensee, 3206
another person or funeral establishment, or with the intent to 3207
substantially injure another person, licensee or funeral 3208
establishment; or 3209
(v) Any act or conduct, whether the same or of a 3210
different character than specified above, which constitutes or 3211
demonstrates bad faith, incompetency or untrustworthiness; or 3212
dishonest, fraudulent or improper dealing; or any other violation 3213
of the provisions of this chapter, the rules and regulations 3214
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established by the board or any rule or regulation promulgated by 3215
the Federal Trade Commission relative to the practice of funeral 3216
service or funeral directing. 3217
(2) Any person, including a member of the board, may 3218
initiate a complaint against a licensee of the board by filing 3219
with the board a written complaint on a form prescribed by the 3220
board. 3221
(a) Upon receipt of a properly verified complaint, the 3222
board shall send a copy of the complaint to the affected licensee 3223
by certified mail to the address of such licensee appearing of 3224
record with the board. The licensee shall answer the complaint in 3225
writing within twenty (20) days after receipt of the complaint. 3226
The licensee shall mail a copy of his, her or its response to the 3227
board and the complainant. Upon receipt of the licensee's 3228
response or lapse of twenty (20) days, the board is authorized to 3229
investigate a complaint that appears to show the existence of any 3230
of the causes or grounds for disciplinary action as provided in 3231
Section 73-11-57. Upon finding reasonable cause to believe that 3232
the charges are not frivolous, unfounded or filed in bad faith, 3233
the board may, in its discretion, cause a hearing to be held, at a 3234
time and place fixed by the board, regarding the charges that a 3235
violation of this chapter has occurred. The board shall order a 3236
hearing for the licensee to appear and show cause why he/she 3237
should not be disciplined for a violation of this chapter. 3238
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(b) The board shall give the complainant and the 3239
affected licensee twenty (20) days' notice of any hearing upon a 3240
complaint. Such notice shall be by United States certified mail. 3241
(c) Any party appearing before the board may be 3242
accompanied by counsel. 3243
(d) Before commencing a hearing, the chairman or 3244
designee of the board shall determine if all parties are present 3245
and ready to proceed. If the complainant fails to attend a 3246
hearing without good cause shown, the complaint shall be dismissed 3247
summarily and all fees and expenses of convening the hearing shall 3248
be assessed to, and paid by, the complainant. If any affected 3249
licensee fails to appear for a hearing without good cause shown, 3250
such licensee shall be presumed to have waived his right to appear 3251
before the board and be heard. 3252
(e) Upon the chair's determination that all parties are 3253
ready to proceed, the chair or designee shall call the hearing to 3254
order and the complainant and the licensee may give opening 3255
statements. The board may order the sequestration of nonparty 3256
witnesses. 3257
(f) The complainant shall then present his, her or its 3258
complaint. The licensee, any counsel and any member or designee 3259
of the board may ask questions of witnesses. 3260
(g) The licensee shall then present his, her or its 3261
case in rebuttal. The complainant, any counsel and any member or 3262
designee of the board may ask questions of witnesses. 3263
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(h) At the completion of the evidence, all parties may 3264
give closing statements. 3265
(i) At the conclusion of the hearing, the board may 3266
either decide the issue at that time or take the case under 3267
advisement for further deliberation. The board shall render its 3268
decision not more than ninety (90) days after the close of the 3269
hearing and shall forward the decision to the last-known business 3270
or residence address of the parties. 3271
(3) The board, on its own motion, may file a formal 3272
complaint against a licensee. 3273
(4) The board may temporarily suspend a license under this 3274
chapter without any hearing, simultaneously with the institution 3275
of proceedings under this section, if it finds that the evidence 3276
in support of the board's determination is clear, competent and 3277
unequivocal and that the licensee's continuation in practice would 3278
constitute an imminent danger to public health and safety. 3279
(5) The board may, upon satisfactory proof that the 3280
applicant or licensee has been guilty of any of the offenses above 3281
enumerated, take the action authorized by this section against an 3282
applicant or licensee of the board upon a majority vote of the 3283
board members, after a hearing thereon. The board is vested with 3284
full power and authority to hold and conduct such hearings, compel 3285
the attendance of witnesses and the production of books, records 3286
and documents, issue subpoenas therefor, administer oaths, examine 3287
witnesses, and do all things necessary to properly conduct such 3288
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hearings. The board may waive the necessity of a hearing if the 3289
person accused of a violation admits that he has been guilty of 3290
such offense. Any person who has been refused a license or whose 3291
license has been revoked or suspended may, within thirty (30) days 3292
after the decision of the board, file with the board a written 3293
notice stating that he feels himself aggrieved by such decision 3294
and may appeal therefrom to the circuit court of the county and 3295
judicial district of residence of the person, or if the person is 3296
a nonresident of the State of Mississippi, to the Circuit Court of 3297
the First Judicial District of Hinds County. The circuit court 3298
shall determine the action of the board was in accord or 3299
consistent with law, or was arbitrary, unwarranted or an abuse of 3300
discretion. The appeal shall be perfected upon filing notice of 3301
the appeal with the circuit court and by the prepayment of all 3302
costs, including the cost of the preparation of the record of the 3303
proceedings by the board. An appeal from the circuit court 3304
judgment or decree may be reviewed by the Supreme Court as is 3305
provided by law for other appeals. An appeal of a decision or 3306
order of the board does not act as a supersedeas. 3307
(6) In addition to any other power that it has, the board 3308
may, upon finding that an applicant or licensee has committed any 3309
of the violations listed in Section 73-11-57(1), impose a monetary 3310
penalty as follows: 3311
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(a) For the first violation of any of the subparagraphs 3312
of subsection (1) of this section, a monetary penalty of not more 3313
than Five Hundred Dollars ($500.00). 3314
(b) For the second violation of any of the 3315
subparagraphs of subsection (1) of this section, a monetary 3316
penalty of not more than One Thousand Dollars ($1,000.00). 3317
(c) For the third and any subsequent violation of any 3318
of the subparagraphs of subsection (1) of this section, a monetary 3319
penalty of not more than Five Thousand Dollars ($5,000.00). 3320
(d) For any violation of any of the subparagraphs of 3321
subsection (1) of this section, those reasonable costs that are 3322
expended by the board in the investigation and conduct of a 3323
proceeding for licensure revocation or suspension, including, but 3324
not limited to, the cost of process service, court reporters, 3325
expert witnesses and investigators. 3326
(7) The power and authority of the board to assess and levy 3327
such monetary penalties hereunder shall not be affected or 3328
diminished by any other proceeding, civil or criminal, concerning 3329
the same violation or violations except as provided in this 3330
section. 3331
(8) A licensee shall have the right of appeal from the 3332
assessment and levy of a monetary penalty as provided in this 3333
section under the same conditions as a right of appeal is provided 3334
elsewhere for appeals from an adverse ruling, order or decision of 3335
the board. 3336
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(9) Any monetary penalty assessed and levied under this 3337
section shall not take effect until after the time for appeal 3338
shall have expired. 3339
(10) A monetary penalty assessed and levied under this 3340
section shall be paid to the board by the licensee upon the 3341
expiration of the period allowed for appeal of such penalties 3342
under this section or may be paid sooner if the licensee elects. 3343
With the exception of subsection (5)(d) of this section, 3344
monetary penalties collected by the board under this section shall 3345
be deposited in the State Treasury to the credit of the State 3346
Board of Funeral Service. Any monies collected by the board under 3347
subsection (5)(d) of this section shall be deposited into the 3348
special fund operating account of the board. 3349
(11) When payment of a monetary penalty assessed and levied 3350
by the board against a licensee in accordance with this section is 3351
not paid by the licensee when due under this section, the board 3352
shall have power to institute and maintain proceedings in its name 3353
for enforcement of payment in the chancery court of the county and 3354
judicial district of residence of the licensee, or if the licensee 3355
is a nonresident of the State of Mississippi, in the Chancery 3356
Court of the First Judicial District of Hinds County, Mississippi. 3357
(12) In any administrative or judicial proceeding in which 3358
the board prevails, the board shall have the right to recover 3359
reasonable attorney fees. 3360
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(13) In addition to the reasons specified in subsection (1) 3361
of this section, the board shall be authorized to suspend the 3362
license of any licensee for being out of compliance with an order 3363
for support, as defined in Section 93-11-153. The procedure for 3364
suspension of a license for being out of compliance with an order 3365
for support, and the procedure for the reissuance or reinstatement 3366
of a license suspended for that purpose, and the payment of any 3367
fees for the reissuance or reinstatement of a license suspended 3368
for that purpose, shall be governed by Section 93-11-157 or 3369
93-11-163, as the case may be. Actions taken by the board in 3370
suspending a license when required by Section 93-11-157 or 3371
93-11-163 are not actions from which an appeal may be taken under 3372
this section. Any appeal of a license suspension that is required 3373
by Section 93-11-157 or 93-11-163 shall be taken in accordance 3374
with the appeal procedure specified in Section 93-11-157 or 3375
93-11-163, as the case may be, rather than the procedure specified 3376
in this section. If there is any conflict between any provision 3377
of Section 93-11-157 or 93-11-163 and any provision of this 3378
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 3379
case may be, shall control. 3380
SECTION 36. Section 73-13-23, Mississippi Code of 1972, is 3381
amended as follows: 3382
73-13-23. (1) (a) The following shall be considered as 3383
minimum evidence satisfactory to the board that the applicant is 3384
qualified for licensure as a professional engineer: 3385
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Graduation in an engineering curriculum of four (4) years or 3386
more from a school or college approved by the board as of 3387
satisfactory standing or graduation in an engineering, engineering 3388
technology, or related science curriculum of four (4) scholastic 3389
years from a school or college other than those approved by the 3390
board plus a graduate degree in an engineering curriculum from a 3391
school or college wherein the same engineering curriculum at the 3392
undergraduate level is approved by the board as of satisfactory 3393
standing; a specific record of four (4) years of qualifying 3394
engineering experience indicating that the applicant is competent 3395
to practice engineering (in counting years of experience, the 3396
board at its discretion may give credit not in excess of three (3) 3397
years for satisfactory graduate study in engineering), and the 3398
successful passing of examinations in engineering as prescribed by 3399
the board. 3400
(b) In considering the qualifications of applicants, 3401
engineering teaching may be construed as engineering experience. 3402
(c) The mere execution, as a contractor, of work 3403
designed by a professional engineer, or the supervision of the 3404
construction of such work as a foreman or superintendent shall not 3405
be deemed to be the practice of engineering. 3406
(d) Any person having the necessary qualifications 3407
prescribed in Sections 73-13-1 through 73-13-45 to entitle him to 3408
licensure shall be eligible for such licensure although he may not 3409
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be practicing his profession at the time of making his 3410
application. 3411
(e) No person shall be eligible for licensure as a 3412
professional engineer who * * * presents claims in support of his 3413
application which contain major discrepancies. 3414
(2) The following shall be considered as minimum evidence 3415
satisfactory to the board that the applicant is qualified for 3416
enrollment as an engineer intern: 3417
(a) Graduation in an engineering curriculum of four (4) 3418
scholastic years or more from a school or college approved by the 3419
board as of satisfactory standing or graduation in an engineering, 3420
engineering technology, or related science curriculum of four (4) 3421
scholastic years from a school or college other than those 3422
approved by the board plus a graduate degree in an engineering 3423
curriculum from a school or college wherein that same engineering 3424
curriculum at the undergraduate level is approved by the board as 3425
of satisfactory standing; and 3426
(b) Successfully passing a written examination in the 3427
fundamental engineering subjects. 3428
SECTION 37. Section 73-13-77, Mississippi Code of 1972, is 3429
amended as follows: 3430
73-13-77. (1) The following shall be considered as minimum 3431
evidence satisfactory to the board that the applicant is qualified 3432
for licensure as a professional surveyor: 3433
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(a) (i) A bachelor's degree in geomatics, surveying or 3434
surveying technology approved by the board consisting of a minimum 3435
of one hundred twenty (120) semester hours, or the equivalent, in 3436
surveying curriculum subjects and a specific record of four (4) 3437
years of qualifying surveying experience; or 3438
(ii) A bachelor's degree in a related science 3439
curriculum defined by board rule, consisting of sixty-two (62) 3440
semester hours in surveying curriculum subjects as defined by 3441
board rule, and a specific record of five (5) years of qualifying 3442
surveying experience; or 3443
(iii) A bachelor's degree in a related science 3444
curriculum defined by board rule, and a specific record of six (6) 3445
years of qualifying surveying experience; or 3446
(iv) An associate degree, or its equivalent, in a 3447
curriculum approved by the board consisting of sixty-two (62) 3448
semester hours in surveying curriculum subjects as defined by 3449
board rule, and a specific record of seven (7) years or more of 3450
qualifying surveying experience; or 3451
(v) A high school diploma, or its equivalent, and 3452
a specific record of twelve (12) years or more of qualifying 3453
surveying experience; and 3454
(b) Successfully passing examinations in surveying 3455
prescribed by the board. 3456
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(2) The following shall be considered as minimum evidence 3457
satisfactory to the board that the applicant is qualified for 3458
enrollment as a surveyor intern: 3459
(a) (i) A bachelor's degree in geomatics, surveying or 3460
surveying technology approved by the board consisting of a minimum 3461
of one hundred twenty (120) semester hours, or the equivalent, in 3462
surveying curriculum subjects; or 3463
(ii) A bachelor's degree in a related science 3464
curriculum defined by board rule consisting of sixty-two (62) 3465
semester hours in surveying curriculum subjects as defined by 3466
board rule; or 3467
(iii) A bachelor's degree in a related science 3468
curriculum defined by board rule; or 3469
(iv) An associate degree, or its equivalent, in a 3470
curriculum approved by the board consisting of sixty-two (62) 3471
semester hours in surveying curriculum subjects as defined by 3472
board rule; or 3473
(v) A high school diploma, or its equivalent, and 3474
a specific record of eight (8) years or more of qualifying 3475
surveying experience; and 3476
(b) Successfully passing examinations in surveying 3477
fundamentals prescribed by the board. 3478
* * * 3479
SECTION 38. Section 73-14-35, Mississippi Code of 1972, is 3480
amended as follows: 3481
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73-14-35. (1) Any person registered under this chapter may 3482
have his license or certificate revoked or suspended for a fixed 3483
period to be determined by the board for any of the following 3484
causes: 3485
(a) Being convicted of * * * a disqualifying crime as 3486
provided in the Fresh Start Act. The record of such conviction, 3487
or certified copy thereof from the clerk of the court where such 3488
conviction occurred or by the judge of that court, shall be 3489
sufficient evidence to warrant revocation or suspension. 3490
(b) By securing a license or certificate under this 3491
chapter through fraud or deceit. 3492
(c) For unethical conduct or for gross ignorance or 3493
inefficiency in the conduct of his practice. 3494
(d) For knowingly practicing while suffering with a 3495
contagious or infectious disease. 3496
(e) For the use of a false name or alias in the 3497
practice of his profession. 3498
(f) For violating any of the provisions of this chapter 3499
or any rules or regulations promulgated pursuant to this chapter. 3500
(g) For violating the provisions of any applicable 3501
federal laws or regulations. 3502
(h) Discipline by another jurisdiction if at least one 3503
(1) of the grounds for the discipline is the same or substantially 3504
equivalent to those set forth in this chapter or rules and 3505
regulations promulgated pursuant to this chapter. 3506
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(2) In addition to the causes specified in subsection (1) of 3507
this section, the board shall be authorized to suspend the license 3508
of any licensee for being out of compliance with an order for 3509
support, as defined in Section 93-11-153. The procedure for 3510
suspension of a license for being out of compliance with an order 3511
for support, and the procedure for the reissuance or reinstatement 3512
of a license suspended for that purpose, and the payment of any 3513
fees for the reissuance or reinstatement of a license suspended 3514
for that purpose, shall be governed by Section 93-11-157 or 3515
93-11-163, as the case may be. If there is any conflict between 3516
any provision of Section 93-11-157 or 93-11-163 and any provision 3517
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 3518
as the case may be, shall control. 3519
SECTION 39. Section 73-15-19, Mississippi Code of 1972, is 3520
amended as follows: 3521
73-15-19. (1) Registered nurse applicant qualifications. 3522
Any applicant for a license to practice as a registered nurse 3523
shall submit to the board: 3524
(a) An attested written application on a Board of 3525
Nursing form; 3526
(b) Written official evidence of completion of a 3527
nursing program approved by the Board of Trustees of State 3528
Institutions of Higher Learning, or one approved by a legal 3529
accrediting agency of another state, territory or possession of 3530
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the United States, the District of Columbia, or a foreign country 3531
which is satisfactory to this board; 3532
(c) Evidence of competence in English related to 3533
nursing, provided the first language is not English; 3534
(d) Any other official records required by the board. 3535
In addition to the requirements specified in paragraphs (a) 3536
through (d) of this subsection, in order to qualify for a license 3537
to practice as a registered nurse, an applicant must have 3538
successfully been cleared for licensure through an investigation 3539
that shall consist of a * * * verification that the prospective 3540
licensee is not guilty of or in violation of any statutory ground 3541
for denial of licensure as set forth in Section 73-15-29 or guilty 3542
of any offense specified in Section 73-15-33. To assist the board 3543
in conducting its licensure investigation, all applicants shall 3544
undergo a fingerprint-based criminal history records check of the 3545
Mississippi central criminal database and the Federal Bureau of 3546
Investigation criminal history database. Each applicant shall 3547
submit a full set of his or her fingerprints in a form and manner 3548
prescribed by the board, which shall be forwarded to the 3549
Mississippi Department of Public Safety (department) and the 3550
Federal Bureau of Investigation Identification Division for this 3551
purpose. 3552
Any and all state or national criminal history records 3553
information obtained by the board that is not already a matter of 3554
public record shall be deemed nonpublic and confidential 3555
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information restricted to the exclusive use of the board, its 3556
members, officers, investigators, agents and attorneys in 3557
evaluating the applicant's eligibility or disqualification for 3558
licensure, and shall be exempt from the Mississippi Public Records 3559
Act of 1983. Except when introduced into evidence in a hearing 3560
before the board to determine licensure, no such information or 3561
records related thereto shall, except with the written consent of 3562
the applicant or by order of a court of competent jurisdiction, be 3563
released or otherwise disclosed by the board to any other person 3564
or agency. 3565
The board shall provide to the department the fingerprints of 3566
the applicant, any additional information that may be required by 3567
the department, and a form signed by the applicant consenting to 3568
the check of the criminal records and to the use of the 3569
fingerprints and other identifying information required by the 3570
state or national repositories. 3571
The board shall charge and collect from the applicant, in 3572
addition to all other applicable fees and costs, such amount as 3573
may be incurred by the board in requesting and obtaining state and 3574
national criminal history records information on the applicant. 3575
The board may, in its discretion, refuse to accept the 3576
application of any person who has been convicted of a * * * 3577
disqualifying crime as provided in the Fresh Start Act or any 3578
provision of this article. 3579
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(2) Licensure by examination. (a) Upon the board being 3580
satisfied that an applicant for a license as a registered nurse 3581
has met the qualifications set forth in subsection (1) of this 3582
section, the board shall proceed to examine such applicant in such 3583
subjects as the board shall, in its discretion, determine. The 3584
subjects in which applicants shall be examined shall be in 3585
conformity with curricula in schools of nursing approved by the 3586
Board of Trustees of State Institutions of Higher Learning, or one 3587
approved by a legal accrediting agency of another state, territory 3588
or possession of the United States, the District of Columbia, or a 3589
foreign country which is satisfactory to the board. 3590
(b) The applicant shall be required to pass the written 3591
examination as selected by the board. 3592
(c) Upon successful completion of such examination, the 3593
board shall issue to the applicant a license to practice as a 3594
registered nurse. 3595
(d) The board may use any part or all of the state 3596
board test pool examination for registered nurse licensure, its 3597
successor examination, or any other nationally standardized 3598
examination identified by the board in its rules. The passing 3599
score shall be established by the board in its rules. 3600
(3) Licensure by endorsement. The board may issue a license 3601
to practice nursing as a registered nurse without examination to 3602
an applicant who has been duly licensed as a registered nurse 3603
under the laws of another state, territory or possession of the 3604
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United States, the District of Columbia, or a foreign country if, 3605
in the opinion of the board, the applicant meets the 3606
qualifications required of licensed registered nurses in this 3607
state and has previously achieved the passing score or scores on 3608
the licensing examination required by this state, at the time of 3609
his or her graduation. The issuance of a license by endorsement 3610
to a military-trained applicant, military spouse or person who 3611
establishes residence in this state shall be subject to the 3612
provisions of Section 73-50-1 or 73-50-2, as applicable. 3613
(4) Requirements for rewriting the examination. The board 3614
shall establish in its rules the requirements for rewriting the 3615
examination for those persons failing the examination on the first 3616
writing or subsequent rewriting. 3617
(5) Fee. The applicant applying for a license by 3618
examination or by endorsement to practice as a registered nurse 3619
shall pay a fee not to exceed One Hundred Dollars ($100.00) to the 3620
board. 3621
(6) Temporary permit. (a) The board may issue a temporary 3622
permit to practice nursing to a graduate of an approved school of 3623
nursing pending the results of the examination in Mississippi, and 3624
to a qualified applicant from another state, territory or 3625
possession of the United States, or District of Columbia, or 3626
pending licensure procedures as provided for elsewhere in this 3627
article. The fee shall not exceed Twenty-five Dollars ($25.00). 3628
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(b) The board may issue a temporary permit for a period 3629
of ninety (90) days to a registered nurse who is currently 3630
licensed in another state, territory or possession of the United 3631
States or the District of Columbia and who is an applicant for 3632
licensure by endorsement. Such permit is not renewable except by 3633
board action. The issuance of a temporary permit to a 3634
military-trained applicant, military spouse or person who 3635
establishes residence in this state shall be subject to the 3636
provisions of Section 73-50-1 or 73-50-2, as applicable. 3637
(c) The board may issue a temporary permit to a 3638
graduate of an approved school of nursing pending the results of 3639
the first licensing examination scheduled after application. Such 3640
permit is not renewable except by board action. 3641
(d) The board may issue a temporary permit for a period 3642
of thirty (30) days to any registered nurse during the time 3643
enrolled in a nursing reorientation program. This time period may 3644
be extended by board action. The fee shall not exceed Twenty-five 3645
Dollars ($25.00). 3646
(e) The board may adopt such regulations as are 3647
necessary to limit the practice of persons to whom temporary 3648
permits are issued. 3649
(7) Temporary license. The board may issue a temporary 3650
license to practice nursing at a youth camp licensed by the State 3651
Board of Health to nonresident registered nurses and retired 3652
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resident registered nurses under the provisions of Section 3653
75-74-8. 3654
(8) Title and abbreviation. Any person who holds a license 3655
or holds the privilege to practice as a registered nurse in this 3656
state shall have the right to use the title "registered nurse" and 3657
the abbreviation "R.N." No other person shall assume such title 3658
or use such abbreviation, or any words, letters, signs or devices 3659
to indicate that the person using the same is a registered nurse. 3660
(9) Registered nurses licensed under a previous law. Any 3661
person holding a license to practice nursing as a registered nurse 3662
issued by this board which is valid on July 1, 1981, shall 3663
thereafter be deemed to be licensed as a registered nurse under 3664
the provisions of this article upon payment of the fee provided in 3665
Section 73-15-27. 3666
(10) Each application or filing made under this section 3667
shall include the social security number(s) of the applicant in 3668
accordance with Section 93-11-64. 3669
SECTION 40. Section 73-15-21, Mississippi Code of 1972, is 3670
amended as follows: 3671
73-15-21. (1) Licensed practical nurse applicant 3672
qualifications. Any applicant for a license to practice practical 3673
nursing as a licensed practical nurse shall submit to the board: 3674
(a) An attested written application on a Board of 3675
Nursing form; 3676
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(b) A diploma from an approved high school or the 3677
equivalent thereof, as determined by the appropriate educational 3678
agency; 3679
(c) Written official evidence of completion of a 3680
practical nursing program approved by the State Department of 3681
Education through its Division of Vocational Education, or one 3682
approved by a legal accrediting agency of another state, territory 3683
or possession of the United States, the District of Columbia, or a 3684
foreign country which is satisfactory to this board; 3685
(d) Evidence of competence in English related to 3686
nursing, provided the first language is not English; 3687
(e) Any other official records required by the board. 3688
(2) Licensed practical nurse applicant qualifications for 3689
military medics. Any applicant for a license to practice 3690
practical nursing as a licensed practical nurse who is a United 3691
States Army Combat Medic Specialist, a United States Navy Hospital 3692
Corpsman, or a United States Air Force Aerospace Medical Service 3693
Specialist shall submit to the board: 3694
(a) An attested written application on a Board of 3695
Nursing form; 3696
(b) A diploma from an approved high school or the 3697
equivalent thereof, as determined by the appropriate educational 3698
agency; 3699
(c) Written official evidence of completion of the 3700
training required for a United States Army Combat Medic 3701
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Specialist, a United States Navy Hospital Corpsman, or a United 3702
States Air Force Aerospace Medical Service Specialist, and after 3703
such training, completion of two (2) years of clinical experience 3704
that involves providing direct patient care, which may include 3705
trauma or emergency oriented care; 3706
(d) Evidence of competence in English related to 3707
nursing, provided the first language is not English; 3708
(e) Any other official records required by the board. 3709
(3) Additional requirements for applicants. In addition to 3710
the requirements specified in paragraphs (a) through (e) of 3711
subsection (1) or (2) of this section, in order to qualify for a 3712
license to practice practical nursing as a licensed practical 3713
nurse, an applicant must have successfully been cleared for 3714
licensure through an investigation that shall consist of a 3715
determination * * * and verification that the prospective licensee 3716
is not guilty of or in violation of any statutory ground for 3717
denial of licensure as set forth in Section 73-15-29 or guilty of 3718
any offense specified in Section 73-15-33. To assist the board in 3719
conducting its licensure investigation, all applicants shall 3720
undergo a fingerprint-based criminal history records check of the 3721
Mississippi central criminal database and the Federal Bureau of 3722
Investigation criminal history database. Each applicant shall 3723
submit a full set of his or her fingerprints in a form and manner 3724
prescribed by the board, which shall be forwarded to the 3725
Mississippi Department of Public Safety (department) and the 3726
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Federal Bureau of Investigation Identification Division for this 3727
purpose. 3728
Any and all state or national criminal history records 3729
information obtained by the board that is not already a matter of 3730
public record shall be deemed nonpublic and confidential 3731
information restricted to the exclusive use of the board, its 3732
members, officers, investigators, agents and attorneys in 3733
evaluating the applicant's eligibility or disqualification for 3734
licensure, and shall be exempt from the Mississippi Public Records 3735
Act of 1983. Except when introduced into evidence in a hearing 3736
before the board to determine licensure, no such information or 3737
records related thereto shall, except with the written consent of 3738
the applicant or by order of a court of competent jurisdiction, be 3739
released or otherwise disclosed by the board to any other person 3740
or agency. 3741
The board shall provide to the department the fingerprints of 3742
the applicant, any additional information that may be required by 3743
the department, and a form signed by the applicant consenting to 3744
the check of the criminal records and to the use of the 3745
fingerprints and other identifying information required by the 3746
state or national repositories. 3747
The board shall charge and collect from the applicant, in 3748
addition to all other applicable fees and costs, such amount as 3749
may be incurred by the board in requesting and obtaining state and 3750
national criminal history records information on the applicant. 3751
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The board may, in its discretion, refuse to accept the 3752
application of any person who has been convicted of a * * * 3753
disqualifying crime as provided in the Fresh Start Act. 3754
(4) Licensure by examination. (a) Upon the board being 3755
satisfied that an applicant for a license as a practical nurse has 3756
met the qualifications set forth in subsection (1) or (2) of this 3757
section and subsection (3) of this section, the board shall 3758
proceed to examine such applicant in such subjects as the board 3759
shall, in its discretion, determine. The subjects in which 3760
applicants shall be examined shall be in conformity with curricula 3761
in schools of practical nursing approved by the State Department 3762
of Education. 3763
(b) The applicant shall be required to pass the written 3764
examination selected by the board. 3765
(c) Upon successful completion of such examination, the 3766
board shall issue to the applicant a license to practice as a 3767
licensed practical nurse. 3768
(d) The board may use any part or all of the state 3769
board test pool examination for practical nurse licensure, its 3770
successor examination, or any other nationally standardized 3771
examination identified by the board in its rules. The passing 3772
score shall be established by the board in its rules. 3773
(5) Licensure by endorsement. The board may issue a license 3774
to practice practical nursing as a licensed practical nurse 3775
without examination to an applicant who has been duly licensed as 3776
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a licensed practical nurse under the laws of another state, 3777
territory or possession of the United States, the District of 3778
Columbia, or a foreign country if, in the opinion of the board, 3779
the applicant meets the qualifications required of licensed 3780
practical nurses in this state and has previously achieved the 3781
passing score or scores on the licensing examination required by 3782
this state at the time of his or her graduation. The issuance of 3783
a license by endorsement to a military-trained applicant, military 3784
spouse or person who establishes residence in this state shall be 3785
subject to the provisions of Section 73-50-1 or 73-50-2, as 3786
applicable. 3787
(6) Licensure by equivalent amount of theory and clinical 3788
experience. In the discretion of the board, former students of a 3789
state-accredited school preparing students to become registered 3790
nurses may be granted permission to take the examination for 3791
licensure to practice as a licensed practical nurse, provided the 3792
applicant's record or transcript indicates the former student 3793
completed an equivalent amount of theory and clinical experiences 3794
as required of a graduate of a practical nursing program, and 3795
provided the school attended was, at the time of the student's 3796
attendance, an accredited school of nursing. 3797
(7) Requirements for rewriting the examination. The board 3798
shall establish in its rules the requirements for rewriting the 3799
examination for those persons failing the examination on the first 3800
writing or subsequent writing. 3801
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(8) Fee. The applicant applying for a license by 3802
examination or by endorsement to practice as a licensed practical 3803
nurse shall pay a fee not to exceed Sixty Dollars ($60.00) to the 3804
board. 3805
(9) Temporary permit. (a) The board may issue a temporary 3806
permit to practice practical nursing to a graduate of an approved 3807
school of practical nursing pending the results of the examination 3808
in Mississippi, and to a qualified applicant from another state, 3809
territory or possession of the United States, or the District of 3810
Columbia, pending licensing procedures as provided for elsewhere 3811
in this article. The fee shall not exceed Twenty-five Dollars 3812
($25.00). 3813
(b) The board may issue a temporary permit for a period 3814
of ninety (90) days to a licensed practical nurse who is currently 3815
licensed in another state, territory or possession of the United 3816
States or the District of Columbia and who is an applicant for 3817
licensure by endorsement. Such permit is not renewable except by 3818
board action. The issuance of a temporary permit to a 3819
military-trained applicant, military spouse or person who 3820
establishes residence in this state shall be subject to the 3821
provisions of Section 73-50-1 or 73-50-2, as applicable. 3822
(c) The board may issue a temporary permit to a 3823
graduate of an approved practical nursing education program or an 3824
equivalent program satisfactory to the board pending the results 3825
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of the first licensing examination scheduled after application. 3826
Such permit is not renewable except by board action. 3827
(d) The board may issue a temporary permit for a period 3828
of thirty (30) days to any licensed practical nurse during the 3829
time enrolled in a nursing reorientation program. This time 3830
period may be extended by board action. The fee shall not exceed 3831
Twenty-five Dollars ($25.00). 3832
(e) The board may adopt such regulations as are 3833
necessary to limit the practice of persons to whom temporary 3834
permits are issued. 3835
(10) Title and abbreviation. Any person who holds a license 3836
or holds the privilege to practice as a licensed practical nurse 3837
in this state shall have the right to use the title "licensed 3838
practical nurse" and the abbreviation "L.P.N." No other person 3839
shall assume such title or use such abbreviation, or any words, 3840
letters, signs or devices to indicate that a person using the same 3841
is a licensed practical nurse. 3842
(11) Licensed practical nurses licensed under a previous 3843
law. Any person holding a license to practice nursing as a 3844
practical nurse issued by this board which is valid on July 1, 3845
1981, shall thereafter be deemed to be licensed as a practical 3846
nurse under the provisions of this article upon payment of the fee 3847
prescribed in Section 73-15-27. 3848
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(12) Each application or filing made under this section 3849
shall include the social security number(s) of the applicant in 3850
accordance with Section 93-11-64. 3851
SECTION 41. Section 73-15-29, Mississippi Code of 1972, is 3852
amended as follows: 3853
73-15-29. (1) The board shall have power to revoke, suspend 3854
or refuse to renew any license issued by the board, or to revoke 3855
or suspend any privilege to practice, or to deny an application 3856
for a license, or to fine, place on probation and/or discipline a 3857
licensee, in any manner specified in this article, upon proof that 3858
such person: 3859
(a) Has committed fraud or deceit in securing or 3860
attempting to secure such license; 3861
(b) Has been convicted of * * * or has had accepted by 3862
a court a plea of nolo contendere to a * * * disqualifying crime 3863
as provided in the Fresh Start Act (a certified copy of the 3864
judgment of the court of competent jurisdiction of such conviction 3865
or pleas shall be prima facie evidence of such conviction); 3866
(c) Has negligently or willfully acted in a manner 3867
inconsistent with the health or safety of the persons under the 3868
licensee's care; 3869
(d) Has had a license or privilege to practice as a 3870
registered nurse or a licensed practical nurse suspended or 3871
revoked in any jurisdiction, has voluntarily surrendered such 3872
license or privilege to practice in any jurisdiction, has been 3873
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placed on probation as a registered nurse or licensed practical 3874
nurse in any jurisdiction or has been placed under a disciplinary 3875
order(s) in any manner as a registered nurse or licensed practical 3876
nurse in any jurisdiction, (a certified copy of the order of 3877
suspension, revocation, probation or disciplinary action shall be 3878
prima facie evidence of such action); 3879
(e) Has negligently or willfully practiced nursing in a 3880
manner that fails to meet generally accepted standards of such 3881
nursing practice; 3882
(f) Has negligently or willfully violated any order, 3883
rule or regulation of the board pertaining to nursing practice or 3884
licensure; 3885
(g) Has falsified or in a repeatedly negligent manner 3886
made incorrect entries or failed to make essential entries on 3887
records; 3888
(h) Is addicted to or dependent on alcohol or other 3889
habit-forming drugs or is a habitual user of narcotics, 3890
barbiturates, amphetamines, hallucinogens, or other drugs having 3891
similar effect, or has misappropriated any medication; 3892
(i) Has a physical, mental or emotional condition that 3893
renders the licensee unable to perform nursing services or duties 3894
with reasonable skill and safety; 3895
(j) Has engaged in any other conduct, whether of the 3896
same or of a different character from that specified in this 3897
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article, that would constitute a * * * disqualifying crime as 3898
provided in the Fresh Start Act; 3899
(k) Engages in conduct likely to deceive, defraud or 3900
harm the public; 3901
(l) Engages in any unprofessional conduct as identified 3902
by the board in its rules; 3903
(m) Has violated any provision of this article; 3904
(n) Violation(s) of the provisions of Sections 41-121-1 3905
through 41-121-9 relating to deceptive advertisement by health 3906
care practitioners; or 3907
(o) Violation(s) of any provision of Title 41, Chapter 3908
141, Mississippi Code of 1972. 3909
(2) When the board finds any person unqualified because of 3910
any of the grounds set forth in subsection (1) of this section, it 3911
may enter an order imposing one or more of the following 3912
penalties: 3913
(a) Denying application for a license or other 3914
authorization to practice nursing or practical nursing; 3915
(b) Administering a reprimand; 3916
(c) Suspending or restricting the license or other 3917
authorization to practice as a registered nurse or licensed 3918
practical nurse for up to two (2) years without review; 3919
(d) Revoking the license or other authorization to 3920
practice nursing or practical nursing; 3921
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(e) Requiring the disciplinee to submit to care, 3922
counseling or treatment by persons and/or agencies approved or 3923
designated by the board as a condition for initial, continued or 3924
renewed licensure or other authorization to practice nursing or 3925
practical nursing; 3926
(f) Requiring the disciplinee to participate in a 3927
program of education prescribed by the board as a condition for 3928
initial, continued or renewed licensure or other authorization to 3929
practice; 3930
(g) Requiring the disciplinee to practice under the 3931
supervision of a registered nurse for a specified period of time; 3932
or 3933
(h) Imposing a fine not to exceed Five Hundred Dollars 3934
($500.00). 3935
(3) In addition to the grounds specified in subsection (1) 3936
of this section, the board shall be authorized to suspend the 3937
license or privilege to practice of any licensee for being out of 3938
compliance with an order for support, as defined in Section 3939
93-11-153. The procedure for suspension of a license or privilege 3940
to practice for being out of compliance with an order for support, 3941
and the procedure for the reissuance or reinstatement of a license 3942
or privilege to practice suspended for that purpose, and the 3943
payment of any fees for the reissuance or reinstatement of a 3944
license or privilege to practice suspended for that purpose, shall 3945
be governed by Section 93-11-157 or 93-11-163, as the case may be. 3946
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If there is any conflict between any provision of Section 3947
93-11-157 or 93-11-163 and any provision of this article, the 3948
provisions of Section 93-11-157 or 93-11-163, as the case may be, 3949
shall control. 3950
(4) If the public health, safety or welfare imperatively 3951
requires emergency action and the board incorporates a finding to 3952
that effect in an order, the board may order summary suspension of 3953
a license pending proceedings for revocation or other action. 3954
These proceedings shall be promptly instituted and determined by 3955
the board. 3956
(5) The board may establish by rule an alternative to 3957
discipline program for licensees who have an impairment as a 3958
result of substance abuse or a mental health condition, which 3959
program shall include at least the following components: 3960
(a) Participation in the program is voluntary with the 3961
licensee, and the licensee must enter the program before the board 3962
holds a disciplinary action hearing regarding the licensee; 3963
(b) The full cost of participation in the program, 3964
including the cost of any care, counseling, treatment and/or 3965
education received by the licensee, shall be borne by the 3966
licensee; 3967
(c) All of the procedures and records regarding the 3968
licensee's participation in the program shall be confidential, 3969
shall not be disclosed and shall be exempt from the provisions of 3970
the Mississippi Public Records Act of 1983; and 3971
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(d) A licensee may not participate in the program more 3972
often than one (1) time during any period of five (5) years or 3973
such longer period as set by the board. 3974
(6) A nurse practitioner who provides a written 3975
certification as authorized under the Mississippi Medical Cannabis 3976
Act and in compliance with rules and regulations adopted 3977
thereunder shall not be subject to any disciplinary action under 3978
this section solely due to providing the written certification. 3979
SECTION 42. Section 73-17-9, Mississippi Code of 1972, is 3980
amended as follows: 3981
73-17-9. It shall be the function and duty of the board to: 3982
(a) Develop, impose, and enforce standards which must 3983
be met by individuals in order to receive a license as a nursing 3984
home administrator, which standards shall be designed to ensure 3985
that nursing home administrators will be individuals who are * * * 3986
suitable, and who, by training or experience in the field of 3987
institutional administration, are qualified to serve as nursing 3988
home administrators; 3989
(b) Develop and apply appropriate techniques, including 3990
examinations and investigations, for determining whether an 3991
individual meets such standards; 3992
(c) Issue licenses to individuals determined, after the 3993
application of such techniques, to meet such standards, and revoke 3994
or suspend licenses previously issued by the board in any case 3995
where the individual holding any such license is determined 3996
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substantially to have failed to conform to the requirements of 3997
such standards; 3998
(d) Establish and carry out procedures designed to 3999
ensure that individuals licensed as nursing home administrators 4000
will, during any period that they serve as such, comply with the 4001
requirements of such standards; 4002
(e) Receive, investigate, and take appropriate action 4003
with respect to any charge or complaint filed with the board to 4004
the effect that any individual licensed as a nursing home 4005
administrator has failed to comply with the requirements of such 4006
standards; 4007
(f) Conduct a continuing study and investigation of 4008
nursing homes and administrators of nursing homes within the state 4009
with a view to the improvement of the standards imposed for the 4010
licensing of such administrators and of procedures and methods for 4011
the enforcement of such standards with respect to administrators 4012
of nursing homes who have been licensed as such; and 4013
(g) To devise and implement an educational program 4014
designed to increase the professional proficiency of nursing home 4015
administrators and to assist otherwise qualified individuals to 4016
prepare for careers in nursing home administration. 4017
SECTION 43. Section 73-17-11, Mississippi Code of 1972, is 4018
amended as follows: 4019
73-17-11. (1) From and after July 1, 2011, in order to be 4020
eligible to be licensed as a nursing home administrator, an 4021
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individual must submit evidence satisfactory to the board that he 4022
or she: 4023
(a) Is at least twenty-one (21) years of age; 4024
(b) * * * Has not been convicted of a disqualifying 4025
crime as provided in the Fresh Start Act, including evidence of a 4026
criminal background check within the last six (6) months, under 4027
Section 43-11-13 and Section G.407.3 of the Minimum Standards for 4028
Institutions for the Aged or Infirm; 4029
(c) Is in good health; 4030
(d) Has satisfied at least one (1) of the following 4031
requirements for education and experience: 4032
(i) Has sixty-four (64) hours of college work from 4033
an accredited institution and has worked in a supervisory capacity 4034
in a Mississippi-licensed nursing home for a minimum of two (2) 4035
years immediately before making application for the 4036
Administrator-in-Training Program established by board rule; 4037
(ii) Has an associate degree from an accredited 4038
institution and has worked in a supervisory capacity in a 4039
Mississippi-licensed nursing home for a minimum of two (2) years 4040
immediately before making application for the 4041
Administrator-in-Training Program established by board rule; 4042
(iii) Has a bachelor's degree in any other field 4043
of study from an accredited institution before making application 4044
for the Administrator-in-Training Program established by board 4045
rule; or 4046
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(iv) Has a bachelor's degree in health care 4047
administration or a health care related field or business from an 4048
accredited institution before making application for the 4049
Administrator-in-Training Program established by board rule; 4050
(e) Has (i) completed a nursing home 4051
Administrator-in-Training Program and successfully completed the 4052
National Association of Long-Term Care Administrator Board (NAB) 4053
examination, or (ii) completed an Administrator-in-Training 4054
Program in Long-Term Care Administration from an academic 4055
institution during which time the institution held National 4056
Association of Long-Term Care Administrator Board (NAB) Program 4057
Approval through the academic approval process, to the 4058
satisfaction of the board; 4059
(f) Has successfully passed the National Association of 4060
Long-Term Care Administrator Board (NAB) examination and the 4061
Mississippi State Board of Nursing Home Administrators examination 4062
to test his or her proficiency and basic knowledge in the area of 4063
nursing home administration. The board may establish the 4064
frequency of the offering of those examinations and the contents 4065
thereof; and 4066
(g) Has met all of the requirements established by 4067
federal law. 4068
(2) The board is authorized to conduct a criminal history 4069
records check on applicants for licensure. In order to determine 4070
the applicant's suitability for licensing, the applicant shall be 4071
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fingerprinted. The board shall submit the fingerprints to the 4072
Department of Public Safety for a check of the state criminal 4073
records and forward to the Federal Bureau of Investigation for a 4074
check of the national criminal records. The Department of Public 4075
Safety shall disseminate the results of the state check and the 4076
national check to the board for a suitability determination. The 4077
applicant shall not be charged any of the costs of requesting and 4078
obtaining the state and national criminal history records 4079
information on the applicant. 4080
(3) Reciprocity shall be extended to individuals holding 4081
licenses as nursing home administrators in other states, upon 4082
proper application and a finding on the part of the board that: 4083
(a) The applicant possesses the basic qualifications 4084
listed in this chapter and in the rules and regulations adopted 4085
under federal law; 4086
(b) The applicant has met all of the requirements 4087
established by federal law; and 4088
(c) The standards for licensure in the other states are 4089
at least the substantial equivalent of those in this state, 4090
including education and experience, and the applicant has passed 4091
both the National Association of Long-Term Care Administrator 4092
Board (NAB) and the state exams. 4093
The issuance of a license by reciprocity to a 4094
military-trained applicant, military spouse or person who 4095
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establishes residence in this state shall be subject to the 4096
provisions of Section 73-50-1 or 73-50-2, as applicable. 4097
(4) The board may prescribe appropriate fees for the taking 4098
of those examinations and for the issuance of licenses. Those 4099
fees shall be not more than the cost of the examinations and Five 4100
Hundred Fifty Dollars ($550.00) for the issuance of a license. 4101
However, the fee for an initial license may be prorated in 4102
proportion to the period of time from the date of issuance and the 4103
date of biennial license renewal prescribed in subsection (5). 4104
All licenses issued under this chapter shall be for a maximum 4105
period of two (2) years. 4106
(5) Except as provided in Section 33-1-39, the board may 4107
renew licenses biennially upon the payment of a fee to be 4108
established by the board, which shall be not more than Five 4109
Hundred Fifty Dollars ($550.00), plus any administrative costs for 4110
late payment. 4111
(6) Any person who is not licensed under this chapter on 4112
July 1, 2011, who makes application with the board on or before 4113
June 30, 2012, may qualify for a license under this chapter 4114
provided that on or before January 31, 2014, he or she 4115
demonstrates to the satisfaction of the board that he or she (a) 4116
meets the eligibility requirements for a nursing home 4117
administrator's license prescribed in this section as those 4118
requirements existed on June 30, 2011; (b) has successfully 4119
completed the Administrator-in-Training Program requirements 4120
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existing on June 30, 2011; and (c) has paid all required fees for 4121
licensure. 4122
(7) Current licensure by the Department of Mental Health 4123
under Section 41-4-7(r) as a mental health/intellectual disability 4124
program administrator shall exempt the licensee from the 4125
requirement of licensure as a nursing home administrator if the 4126
licensee is employed in the state mental health system as 4127
Administrator of Intermediate Care Facility or Facilities for 4128
Persons with Intellectual Disabilities (ICF/ID) no larger than 4129
sixteen (16) beds. 4130
(8) Any member of the Legislature who serves on the Public 4131
Health and/or Medicaid Committee who is a licensed nursing home 4132
administrator shall be exempt from continuing education 4133
requirements for license renewal. 4134
SECTION 44. Section 73-17-15, Mississippi Code of 1972, is 4135
amended as follows: 4136
73-17-15. (1) (a) The board is authorized to investigate, 4137
either on the basis of complaints filed with it or on its own 4138
initiative, instances of suspected violations of this chapter of 4139
any nature, including, but not limited to: performing the duties 4140
of a nursing home administrator without a license; the providing 4141
of false information to the board either incident to an 4142
application for a license, incident to a hearing, or otherwise; 4143
maladministration; unethical conduct; incompetence; the conviction 4144
of a licensee of a * * * disqualifying crime as provided in the 4145
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Fresh Start Act; the misappropriation of funds; or of any other 4146
matter reflecting unfavorably upon the holder of a license under 4147
this chapter or an applicant therefor. On the basis of 4148
information developed during such an investigation, the board may 4149
(i) revoke, suspend, or refuse to renew any license issued by the 4150
board, (ii) deny an application for a license, or (iii) reprimand, 4151
place on probation, and/or take any other action in relation to a 4152
license, as the board may deem proper under the circumstances. 4153
Whenever the results of such an investigation are filed, the 4154
executive director of the board shall set a day for a hearing and 4155
shall notify the licensee that on the day fixed for hearing he or 4156
she may appear and show cause, if any, why his or her license 4157
should not be revoked, suspended, or other action taken in 4158
relation to his or her license. The notice shall be transmitted 4159
to the licensee by certified United States mail to the address of 4160
the licensee appearing of record with the board. 4161
(b) In cases where violations of this chapter have been 4162
substantiated, the board may assess a monetary penalty for those 4163
reasonable costs that are expended by the board in the 4164
investigation and conduct of a proceeding for licensure 4165
revocation, suspension or restriction, including, but not limited 4166
to, the cost of process service, court reporters, expert witnesses 4167
and investigations. 4168
(2) The board, upon finding and determining that any person 4169
represents himself or herself to be a nursing home administrator 4170
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or performs any or all of the services, acts or duties of a 4171
nursing home administrator as defined in this chapter without a 4172
license, is authorized to petition the chancery court of the 4173
county in which the unauthorized acts have been, are being or may 4174
be committed, for writ or writs of injunction prohibiting the 4175
unauthorized acts. This provision is supplemental and in addition 4176
to the penal provisions set forth in Section 73-17-13. 4177
(3) Any licensee whose license has been revoked or 4178
suspended, or who has been placed on probation or reprimanded 4179
after a contested hearing, may appeal that action of the board to 4180
the chancery court of the county in which the nursing home 4181
administrator is practicing, which appeal shall not be a de novo 4182
appeal but shall be determined upon an official transcript of the 4183
record of the contested hearing. Appeals to the chancery court 4184
shall be taken within ten (10) days from the date of the board's 4185
order and shall be taken, perfected, heard and determined either 4186
in termtime or in vacation, and the appeals shall be heard and 4187
disposed of promptly by the court. Appeals from the board shall 4188
be taken and perfected by the filing of a bond in the sum of Two 4189
Hundred Fifty Dollars ($250.00) with two (2) sureties, or with a 4190
surety company qualified to do business in Mississippi as surety, 4191
conditioned to pay the costs of the appeal. The bond shall be 4192
payable to the state and shall be approved by the clerk of the 4193
chancery court. The bond may be enforced in its name as other 4194
judicial bonds filed in the chancery court, and judgment may be 4195
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entered upon those bonds and process and execution shall issue 4196
upon those judgments as provided by law in other cases. Upon 4197
approval of the bond by the clerk of the chancery court, the clerk 4198
shall give notice to the board of the appeal from the decision of 4199
the board. It thereupon shall be the duty of the board through 4200
its duly authorized representative to promptly transmit to the 4201
clerk of the chancery court in which the appeal is pending a 4202
certified copy of the order of the board and all documents filed 4203
relating to the board's action against the licensee, together with 4204
a transcript of the testimony, both oral and documentary, 4205
introduced for consideration by the board both in support of and 4206
in opposition to the action, which appeal shall be docketed by the 4207
clerk and shall be determined by the court based upon the record. 4208
If there is an appeal, the appeal may, in the discretion of and on 4209
motion to the chancery court, act as a supersedeas. The chancery 4210
court shall dispose of the appeal and enter its decision promptly. 4211
The hearing on the appeal may, in the discretion of the 4212
chancellor, be tried in vacation. 4213
(4) Appeals from the decision of the chancery court may be 4214
taken by either the board or the licensee to the Supreme Court as 4215
in the case of appeals generally from the chancery court to the 4216
Supreme Court. 4217
(5) In addition to the reasons specified in subsection (1) 4218
of this section, the board shall be authorized to suspend the 4219
license of any licensee for being out of compliance with an order 4220
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for support, as defined in Section 93-11-153. The procedure for 4221
suspension of a license for being out of compliance with an order 4222
for support, and the procedure for the reissuance or reinstatement 4223
of a license suspended for that purpose, and the payment of any 4224
fees for the reissuance or reinstatement of a license suspended 4225
for that purpose, shall be governed by Section 93-11-157 or 4226
93-11-163, as the case may be. Actions taken by the board in 4227
revoking a license when required by Section 93-11-157 or 93-11-163 4228
are not actions from which an appeal may be taken under this 4229
section. Any appeal of a license suspension that is required by 4230
Section 93-11-157 or 93-11-163 shall be taken in accordance with 4231
the appeal procedure specified in Section 93-11-157 or 93-11-163, 4232
as the case may be, rather than the procedure specified in this 4233
section. If there is any conflict between any provision of 4234
Section 93-11-157 or 93-11-163 and any provision of this chapter, 4235
the provisions of Section 93-11-157 or 93-11-163, as the case may 4236
be, shall control. 4237
SECTION 45. Section 73-19-17, Mississippi Code of 1972, is 4238
amended as follows: 4239
73-19-17. Any person over the age of twenty-one (21) 4240
years * * * who has graduated from a reputable school or college 4241
of optometry, shall be entitled to stand for the examination for 4242
license to practice optometry in Mississippi. The examining Board 4243
of Optometry shall keep on file a list of schools or colleges of 4244
optometry which are recognized by said board. The examination to 4245
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practice optometry shall consist of tests in practical, 4246
theoretical and physiological optics, in theoretical and practical 4247
optometry and in anatomy and physiology of the eye and in 4248
pathology as applied to optometry. The State Board of Optometry 4249
shall not examine or certify any optometrist in any therapeutic 4250
procedures unless the optometrist has successfully completed the 4251
proper didactic education and supervised clinical training taught 4252
by an institution accredited by a regional or professional 4253
accreditation organization that is recognized or approved by the 4254
Council on Postsecondary Accreditation of the United States 4255
Department of Education, or its successor, and approved by the 4256
State Board of Optometry with the advice and consultation of the 4257
designated members of the State Board of Medical Licensure and the 4258
State Board of Pharmacy. 4259
SECTION 46. Section 73-19-23, Mississippi Code of 1972, is 4260
amended as follows: 4261
73-19-23. (1) (a) The board shall refuse to grant a 4262
certificate of licensure to any applicant and may cancel, revoke 4263
or suspend the operation of any certificate by it granted for any 4264
or all of the following reasons: unprofessional and unethical 4265
conduct or the conviction of a * * * disqualifying crime as 4266
provided in the Fresh Start Act, habitual intemperance in the use 4267
of ardent spirits, or stimulants, narcotics, or any other 4268
substance that impairs the intellect and judgment to such an 4269
extent as to incapacitate one for the performance of the duties of 4270
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an optometrist. The certificate of licensure of any person can be 4271
revoked for violating any section of this chapter. 4272
(b) The board shall conduct a criminal history records 4273
check on licensure applicants and on licensees whose licenses are 4274
subject to investigation. 4275
(i) The applicant or licensee shall undergo a 4276
fingerprint-based criminal history records check of the 4277
Mississippi central criminal database and the Federal Bureau of 4278
Investigation criminal history database. Each applicant or 4279
licensee shall submit a full set of the applicant's fingerprints 4280
in a form or manner prescribed by the board, which shall be 4281
forwarded to the Bureau of Investigation Identification Division 4282
for this purpose. 4283
(ii) Any and all state or national criminal 4284
history records information obtained by the board that is not 4285
already a matter of public record shall be deemed nonpublic and 4286
confidential information restricted to the exclusive use of the 4287
board, its members, officers, investigators, agents and attorneys 4288
in evaluating the applicant's eligibility or disqualification for 4289
licensure, and shall be exempt from the Mississippi Public Records 4290
Act of 1983. Except when introduced into evidence in a hearing 4291
before the board to determine licensure, no such information or 4292
records related thereto shall, except with the written consent of 4293
the applicant or licensee or by order of a court of competent 4294
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jurisdiction, be released or otherwise disclosed by the board to 4295
any other person or agency. 4296
(iii) The board shall provide to the department 4297
the fingerprints of the applicant or licensee, any additional 4298
information that may be required by the department, and a form 4299
signed by the applicant consenting to the check of the criminal 4300
records and to the use of the fingerprints and other identifying 4301
information required by the state or national repositories. 4302
(iv) The board shall charge and collect from the 4303
applicant or licensee, in addition to all other applicable fees 4304
and costs, such amount as may be incurred by the board in 4305
requesting and obtaining state and national criminal history 4306
records information on the applicant or licensee. 4307
(2) The board shall further be authorized to take 4308
disciplinary action against a licensee for any unlawful acts, 4309
which shall include violations of regulations promulgated by the 4310
board, as well as the following acts: 4311
(a) Fraud or misrepresentation in applying for or 4312
procuring an optometric license or in connection with applying for 4313
or procuring periodic renewal of an optometric license. 4314
(b) Cheating on or attempting to subvert the optometric 4315
licensing examination(s). 4316
(c) The conviction of a * * * disqualifying crime as 4317
provided in the Fresh Start Act in this state or any other 4318
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jurisdiction, or the entry of a guilty or nolo contendere plea to 4319
such a * * * charge. 4320
(d) The conviction of a * * * disqualifying federal 4321
crime as provided in the Fresh Start Act, or the entry of a guilty 4322
or nolo contendere plea to such a * * * charge. 4323
(e) Conduct likely to deceive, defraud or harm the 4324
public. 4325
(f) Making a false or misleading statement regarding 4326
his or her skill or the efficacy or value of the medicine, device, 4327
treatment or remedy prescribed by him or her or used at his or her 4328
direction in the treatment of any disease or other condition. 4329
(g) Willfully or negligently violating the 4330
confidentiality between doctor and patient, except as required by 4331
law. 4332
(h) Negligence or gross incompetence in the practice of 4333
optometry as determined by the board. 4334
(i) Being found to be a person with mental illness or 4335
with an intellectual disability by any court of competent 4336
jurisdiction. 4337
(j) The use of any false, fraudulent, deceptive or 4338
misleading statement in any document connected with the practice 4339
of optometry. 4340
(k) Aiding or abetting the practice of optometry by an 4341
unlicensed, incompetent or impaired person. 4342
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(l) Commission of any act of sexual abuse, misconduct 4343
or exploitation related to the licensee's practice of optometry. 4344
(m) Being addicted or habituated to a drug or 4345
intoxicant. 4346
(n) Violating any state or federal law or regulation 4347
relating to a drug legally classified as a controlled substance. 4348
(o) Obtaining any fee by fraud, deceit or 4349
misrepresentation. 4350
(p) Disciplinary action of another state or 4351
jurisdiction against a licensee or other authorization to practice 4352
optometry based upon acts or conduct by the licensee similar to 4353
acts or conduct that would constitute grounds for action as 4354
defined in this chapter, a certified copy of the record of the 4355
action taken by the other state or jurisdiction being conclusive 4356
evidence thereof. 4357
(q) Failure to report to the board the relocation of 4358
his or her office in or out of the jurisdiction, or to furnish 4359
floor plans as required by regulation. 4360
(r) Violation of any provision(s) of the Optometry 4361
Practice Act or the rules and regulations of the board or of an 4362
action, stipulation or agreement of the board. 4363
(s) To advertise in a manner that tends to deceive, 4364
mislead or defraud the public. 4365
(t) The designation of any person licensed under this 4366
chapter, other than by the terms "optometrist," "Doctor of 4367
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Optometry" or "O.D.," which shall include any violation(s) of the 4368
provisions of Sections 41-121-1 through 41-121-9 relating to 4369
deceptive advertisement by health care practitioners. 4370
(u) To knowingly submit or cause to be submitted any 4371
misleading, deceptive or fraudulent representation on a claim 4372
form, bill or statement. 4373
(v) To practice or attempt to practice optometry while 4374
his or her license is suspended. 4375
(3) Any person who is a holder of a certificate of licensure 4376
or who is an applicant for examination for a certificate of 4377
licensure, against whom is preferred any charges, shall be 4378
furnished by the board with a copy of the complaint and shall have 4379
a hearing in Jackson, Mississippi, before the board, at which 4380
hearing he may be represented by counsel. At the hearing, 4381
witnesses may be examined for and against the accused respecting 4382
those charges, and the hearing orders or appeals will be conducted 4383
according to the procedure now provided in Section 73-25-27. The 4384
suspension of a certificate of licensure by reason of the use of 4385
stimulants or narcotics may be removed when the holder of the 4386
certificate has been adjudged by the board to be cured and capable 4387
of practicing optometry. 4388
(4) In addition to the reasons specified in subsections (1) 4389
and (2) of this section, the board shall be authorized to suspend 4390
the license of any licensee for being out of compliance with an 4391
order for support, as defined in Section 93-11-153. The procedure 4392
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for suspension of a license for being out of compliance with an 4393
order for support, and the procedure for the reissuance or 4394
reinstatement of a license suspended for that purpose, and the 4395
payment of any fees for the reissuance or reinstatement of a 4396
license suspended for that purpose, shall be governed by Section 4397
93-11-157 or 93-11-163, as the case may be. If there is any 4398
conflict between any provision of Section 93-11-157 or 93-11-163 4399
and any provision of this chapter, the provisions of Section 4400
93-11-157 or 93-11-163, as the case may be, shall control. 4401
(5) A licensee who provides a written certification as 4402
authorized under the Mississippi Medical Cannabis Act and in 4403
compliance with rules and regulations adopted thereunder shall not 4404
be subject to any disciplinary action under this section solely 4405
due to providing the written certification. 4406
SECTION 47. Section 73-21-85, Mississippi Code of 1972, is 4407
amended as follows: 4408
73-21-85. (1) To obtain a license to engage in the practice 4409
of pharmacy by examination, or by score transfer, the applicant 4410
shall: 4411
(a) Have submitted a written application on the form 4412
prescribed by the board; 4413
* * * 4414
( * * *b) Have graduated from a school or college of 4415
pharmacy accredited by the Accreditation Council for Pharmacy 4416
Education and have been granted a pharmacy degree therefrom; 4417
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( * * *c) Have successfully passed an examination 4418
approved by the board; 4419
( * * *d) Have paid all fees specified by the board for 4420
examination, not to exceed the cost to the board of administering 4421
the examination; 4422
( * * *e) Have paid all fees specified by the board for 4423
licensure; and 4424
( * * *f) Have submitted evidence of externship and/or 4425
internship as specified by the board. 4426
(2) To obtain a license to engage in the practice of 4427
pharmacy, a foreign pharmacy graduate applicant shall obtain the 4428
National Association of Boards of Pharmacy's Foreign Pharmacy 4429
Graduate Examination Committee's certification, which shall 4430
include, but not be limited to, successfully passing the Foreign 4431
Pharmacy Graduate Equivalency Examination and attaining a total 4432
score of at least five hundred fifty (550) on the Test of English 4433
as a Foreign Language (TOEFL), and shall: 4434
(a) Have submitted a written application on the form 4435
prescribed by the board; 4436
* * * 4437
( * * *b) Have graduated and been granted a pharmacy 4438
degree from a college or school of pharmacy recognized and 4439
approved by the National Association of Boards of Pharmacy's 4440
Foreign Pharmacy Graduate Examination Committee; 4441
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( * * *c) Have paid all fees specified by the board for 4442
examination, not to exceed the cost to the board of administering 4443
the examination; 4444
( * * *d) Have successfully passed an examination 4445
approved by the board; 4446
( * * *e) Have completed the number of internship hours 4447
as set forth by regulations of the board; and 4448
( * * *f) Have paid all fees specified by the board for 4449
licensure. 4450
(3) Each application or filing made under this section shall 4451
include the social security number(s) of the applicant in 4452
accordance with Section 93-11-64. 4453
(4) * * * The board shall conduct a criminal history records 4454
check on all applicants for a license. In order to determine the 4455
applicant's suitability for licensing, the applicant shall be 4456
fingerprinted. The board shall submit the fingerprints to the 4457
Department of Public Safety for a check of the state criminal 4458
records and forward to the Federal Bureau of Investigation for a 4459
check of the national criminal records. The Department of Public 4460
Safety shall disseminate the results of the state check and the 4461
national check to the board for a suitability determination as 4462
provided in the Fresh Start Act. The board shall be authorized to 4463
collect from the applicant the amount of the fee that the 4464
Department of Public Safety charges the board for the 4465
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fingerprinting, whether manual or electronic, and the state and 4466
national criminal history records checks. 4467
(5) * * * The board, upon request of the dean of a school of 4468
pharmacy in Mississippi, shall be authorized to conduct a criminal 4469
history records check on all applicants for enrollment into the 4470
school of pharmacy. In order to determine the applicant's 4471
suitability for enrollment and licensing, the applicant shall be 4472
fingerprinted. The board shall submit the fingerprints to the 4473
Department of Public Safety for a check of the state criminal 4474
records and forward to the Federal Bureau of Investigation for a 4475
check of the national criminal records. The Department of Public 4476
Safety shall disseminate the results of the state check and the 4477
national check to the board for a suitability determination as 4478
provided in the Fresh Start Act, and the board shall forward the 4479
results to the dean of the school of pharmacy. The board shall be 4480
authorized to collect from the applicant the amount of the fee 4481
that the Department of Public Safety charges the board for the 4482
fingerprinting, whether manual or electronic, and the state and 4483
national criminal history records checks. 4484
SECTION 48. Section 73-21-87, Mississippi Code of 1972, is 4485
amended as follows: 4486
73-21-87. (1) To obtain a license to engage in the practice 4487
of pharmacy by reciprocity or license transfer, the applicant 4488
shall: 4489
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(a) Have submitted a written application on the form 4490
prescribed by the board; 4491
* * * 4492
( * * *b) Have possessed at the time of initial 4493
licensure as a pharmacist such other qualifications necessary to 4494
have been eligible for licensure at that time in that state; 4495
( * * *c) Have presented to the board proof that any 4496
license or licenses granted to the applicant by any other states 4497
have not been suspended, revoked, cancelled or otherwise 4498
restricted for any reason except nonrenewal or the failure to 4499
obtain required continuing education credits; and 4500
( * * *d) Have paid all fees specified by the board for 4501
licensure. 4502
(2) No applicant shall be eligible for licensure by 4503
reciprocity or license transfer unless the state in which the 4504
applicant was initially licensed also grants a reciprocal license 4505
or transfer license to pharmacists licensed by this state under 4506
like circumstances and conditions. 4507
(3) The issuance of a license by reciprocity to a 4508
military-trained applicant, military spouse or person who 4509
establishes residence in this state shall be subject to the 4510
provisions of Section 73-50-1 or 73-50-2, as applicable. 4511
(4) Each application or filing made under this section shall 4512
include the social security number(s) of the applicant in 4513
accordance with Section 93-11-64. 4514
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SECTION 49. Section 73-21-97, Mississippi Code of 1972, is 4515
amended as follows: 4516
73-21-97. (1) The board may refuse to issue or renew, or 4517
may suspend, reprimand, revoke or restrict the license, 4518
registration or permit of any person, or may impose a monetary 4519
penalty, upon one or more of the following grounds: 4520
(a) Unprofessional conduct as defined by the rules and 4521
regulations of the board; 4522
(b) Incapacity of a nature that prevents a pharmacist 4523
or intern/extern from engaging in the practice of pharmacy or a 4524
pharmacy technician from engaging in or providing nonjudgmental 4525
technical services in the practice of pharmacy with reasonable 4526
skill, confidence and safety to the public; 4527
(c) Being found guilty by a court of competent 4528
jurisdiction of one or more of the following: 4529
(i) A * * * disqualifying crime as provided in the 4530
Fresh Start Act; or 4531
* * * 4532
( * * *ii) A violation of pharmacy or drug laws of 4533
this state or rules or regulations pertaining thereto, or of 4534
statutes, rules or regulations of any other state or the federal 4535
government; 4536
(d) Fraud or intentional misrepresentation by a 4537
licensee, registrant or permit holder in securing the issuance or 4538
renewal of a license or permit; 4539
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(e) Engaging or aiding and abetting an individual to 4540
engage in the practice of pharmacy without a license; 4541
(f) Violation of any of the provisions of this chapter 4542
or rules or regulations adopted pursuant to this chapter; 4543
(g) Failure to comply with lawful orders of the board; 4544
(h) Negligently or willfully acting in a manner 4545
inconsistent with the health or safety of the public; 4546
(i) Addiction to or dependence on alcohol or controlled 4547
substances or the unauthorized use or possession of controlled 4548
substances; 4549
(j) Misappropriation of any prescription drug; 4550
(k) Being found guilty by the licensing agency in 4551
another state of violating the statutes, rules or regulations of 4552
that jurisdiction; 4553
(l) The unlawful or unauthorized possession of a 4554
controlled substance; 4555
(m) Willful failure to submit drug monitoring 4556
information or willful submission of incorrect dispensing 4557
information as required by the Prescription Monitoring Program 4558
under Section 73-21-127; 4559
(n) Failure to obtain the license, registration or 4560
permit required by this chapter; or 4561
(o) Violation(s) of the provisions of Sections 41-121-1 4562
through 41-121-9 relating to deceptive advertisement by health 4563
care practitioners. 4564
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(2) In lieu of suspension, revocation or restriction of a 4565
license, registration or permit as provided for above, the board 4566
may warn, reprimand or issue a citation to the offending licensee, 4567
registrant or permit holder. 4568
(3) In addition to the grounds specified in subsection (1) 4569
of this section, the board shall be authorized to suspend the 4570
license, registration or permit of any person for being out of 4571
compliance with an order for support, as defined in Section 4572
93-11-153. The procedure for suspension of a license, 4573
registration or permit for being out of compliance with an order 4574
for support, and the procedure for the reissuance or reinstatement 4575
of a license, registration or permit suspended for that purpose, 4576
and the payment of any fees for the reissuance or reinstatement of 4577
a license, registration or permit suspended for that purpose, 4578
shall be governed by Section 93-11-157 or 93-11-163, as the case 4579
may be. If there is any conflict between any provision of Section 4580
93-11-157 or 93-11-163 and any provision of this chapter, the 4581
provisions of Section 93-11-157 or 93-11-163, as the case may be, 4582
shall control. 4583
SECTION 50. Section 73-21-111, Mississippi Code of 1972, is 4584
amended as follows: 4585
73-21-111. (1) The board shall make, adopt, amend and 4586
repeal, from time to time, such rules and regulations for the 4587
regulation of supportive personnel as may be deemed necessary by 4588
the board. 4589
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(2) Every person who acts or serves as a pharmacy technician 4590
in a pharmacy that is located in this state and permitted by the 4591
board shall obtain a registration from the board. To obtain a 4592
pharmacy technician registration the applicant must: 4593
(a) Have submitted a written application on a form(s) 4594
prescribed by the board; and 4595
* * * 4596
( * * *b) Have paid the initial registration fee not to 4597
exceed One Hundred Dollars ($100.00). 4598
(3) Each pharmacy technician shall renew his or her 4599
registration annually. To renew his or her registration, a 4600
technician must: 4601
(a) Submit an application on a form prescribed by the 4602
board; and 4603
(b) Pay a renewal fee not to exceed One Hundred Dollars 4604
($100.00) for each annual registration period. The board may add 4605
a surcharge of not more than Five Dollars ($5.00) to the 4606
registration renewal fee to assist in funding a program that 4607
assists impaired pharmacists, pharmacy students and pharmacy 4608
technicians. 4609
(4) * * * The board shall conduct a criminal history records 4610
check on all applicants for a license. In order to determine the 4611
applicant's suitability for licensing, the applicant shall be 4612
fingerprinted. The board shall submit the fingerprints to the 4613
Department of Public Safety for a check of the state criminal 4614
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records and forward to the Federal Bureau of Investigation for a 4615
check of the national criminal records. The Department of Public 4616
Safety shall disseminate the results of the state check and the 4617
national check to the board for a suitability determination as 4618
provided in the Fresh Start Act. The board shall be authorized to 4619
collect from the applicant the amount of the fee that the 4620
Department of Public Safety charges the board for the 4621
fingerprinting, whether manual or electronic, and the state and 4622
national criminal history records checks. 4623
SECTION 51. Section 73-21-126, Mississippi Code of 1972, is 4624
amended as follows: 4625
73-21-126. (1) The State Board of Pharmacy shall promulgate 4626
rules regarding the issuance and renewal of licenses and permits 4627
for new or renewal application requirements for both in- and 4628
out-of-state persons, businesses and entities owning or shipping 4629
into, within or out of Mississippi. Requirements for new and/or 4630
renewal applications, if information has not been previously 4631
provided to the board, will include, but not be limited to, the 4632
following: 4633
(a) Type of ownership (individual, partnership or 4634
corporation); 4635
(b) Names of principal owners or officers and social 4636
security numbers; 4637
(c) Names of designated representatives and social 4638
security numbers; 4639
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(d) Criminal background checks of applicants and 4640
designated representatives as required by rule; 4641
(e) Copy of license in home state; 4642
(f) Bond requirements. 4643
(2) * * * The board shall conduct a criminal history records 4644
check on all applicants for a license. In order to determine the 4645
applicant's suitability for licensing, the applicant shall be 4646
fingerprinted. The board shall submit the fingerprints to the 4647
Department of Public Safety for a check of the state criminal 4648
records and forward to the Federal Bureau of Investigation for a 4649
check of the national criminal records. The Department of Public 4650
Safety shall disseminate the results of the state check and the 4651
national check to the board for a suitability determination as 4652
provided in the Fresh Start Act. The board shall be authorized to 4653
collect from the applicant the amount of the fee that the 4654
Department of Public Safety charges the board for the 4655
fingerprinting, whether manual or electronic, and the state and 4656
national criminal history records checks. 4657
(3) The board is authorized to use an outside agency to 4658
accredit all persons, businesses and facilities licensed or 4659
permitted with the board, including the National Association of 4660
Boards of Pharmacy's (NABP) Drug Distributor Accreditation. 4661
SECTION 52. Section 73-23-47, Mississippi Code of 1972, is 4662
amended as follows: 4663
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73-23-47. (1) Any person who desires to be licensed under 4664
this chapter must: (a) * * * have graduated from a physical 4665
therapy or physical therapist assistant program, as the case may 4666
be, accredited by an agency recognized by the United States 4667
Department of Education, Office on Postsecondary Education; and 4668
( * * *b) pay a nonrefundable examination fee as set by the board; 4669
( * * *c) pay an application fee, no part of which shall be 4670
refunded; ( * * *d) be examined for licensure by the board; and 4671
(e) meet the requirements established by the rules of the board. 4672
The licensure examination for physical therapists and for physical 4673
therapist assistants shall be selected by the board and may also 4674
include an oral examination or practical examination or both at 4675
the discretion of the board. 4676
(2) Any person who desires to exercise the privilege to 4677
practice under the Physical Therapy Licensure Compact must 4678
complete the terms and provisions of the compact as prescribed in 4679
Section 73-23-101. 4680
(3) Each application or filing made under this section shall 4681
include the social security number(s) of the applicant in 4682
accordance with Section 93-11-64. 4683
SECTION 53. Section 73-23-51, Mississippi Code of 1972, is 4684
amended as follows: 4685
73-23-51. (1) The board may license as a physical therapist 4686
or as a physical therapist assistant, and furnish a certificate of 4687
licensure without examination to, any applicant who presents 4688
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evidence, satisfactory to the board, of having passed an 4689
examination before a similar lawfully authorized examining agency 4690
or board in physical therapy of another state or the District of 4691
Columbia, if the standards for registration in physical therapy or 4692
for licensure as a physical therapist assistant in such other 4693
state or district are determined by the board to be as high as 4694
those of this state. The issuance of a license by reciprocity to 4695
a military-trained applicant, military spouse or person who 4696
establishes residence in this state shall be subject to the 4697
provisions of Section 73-50-1 or 73-50-2, as applicable. 4698
(2) Any person who has been trained as a physical therapist 4699
in a foreign country and desires to be licensed under this chapter 4700
and who: (a) * * * holds a diploma from an educational program 4701
for physical therapists approved by the board; ( * * *b) submits 4702
documentary evidence to the board that he has completed a course 4703
of professional instruction substantially equivalent to that 4704
obtained by an applicant for licensure; ( * * *c) demonstrates 4705
satisfactory proof of proficiency in the English language; and 4706
( * * *d) meets other requirements established by rules of the 4707
board, may make application on a form furnished by the board for 4708
examination as a foreign-trained physical therapist. At the time 4709
of making such application, the applicant shall pay the fee 4710
prescribed by the board, no portion of which shall be returned. 4711
Any person who desires to be licensed under this subsection 4712
shall take an examination approved by the board and shall obtain a 4713
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permanent license. If this requirement is not met, the license of 4714
the foreign-trained therapist may be revoked. 4715
SECTION 54. Section 73-23-59, Mississippi Code of 1972, is 4716
amended as follows: 4717
73-23-59. (1) Licensees subject to this chapter shall 4718
conduct their activities, services and practice in accordance with 4719
this chapter and any rules promulgated pursuant hereto. The 4720
board, upon satisfactory proof and in accordance with the 4721
provisions of this chapter and the regulations of the board, may 4722
suspend, revoke, or refuse to issue or renew any license 4723
hereunder, or revoke or suspend any privilege to practice, 4724
censure or reprimand any licensee, restrict or limit a license, 4725
and take any other action in relation to a license or privilege to 4726
practice as the board may deem proper under the circumstances upon 4727
any of the following grounds: 4728
(a) Negligence in the practice or performance of 4729
professional services or activities; 4730
(b) Engaging in dishonorable, unethical or 4731
unprofessional conduct of a character likely to deceive, defraud 4732
or harm the public in the course of professional services or 4733
activities; 4734
(c) Perpetrating or cooperating in fraud or material 4735
deception in obtaining or renewing a license or attempting the 4736
same or obtaining a privilege to practice; 4737
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(d) Being convicted of * * * a crime * * * if 4738
misstatement, fraud or dishonesty is an essential element of the 4739
crime; 4740
(e) Having been convicted of or pled guilty to a * * * 4741
disqualifying crime as provided in the Fresh Start Act in the 4742
courts of this state or any other state, territory or country. 4743
Conviction, as used in this paragraph, shall include a deferred 4744
conviction, deferred prosecution, deferred sentence, finding or 4745
verdict of guilt, an admission of guilty, or a plea of nolo 4746
contendere; 4747
(f) Engaging in or permitting the performance of 4748
unacceptable services personally or by others working under the 4749
licensee's supervision due to the licensee's deliberate or 4750
negligent act or acts or failure to act, regardless of whether 4751
actual damage or damages to the public is established; 4752
(g) Continued practice although the licensee has become 4753
unfit to practice as a physical therapist or physical therapist 4754
assistant due to: (i) failure to keep abreast of current 4755
professional theory or practice; or (ii) physical or mental 4756
disability; the entry of an order or judgment by a court of 4757
competent jurisdiction that a licensee is in need of mental 4758
treatment or is incompetent shall constitute mental disability; or 4759
(iii) addiction or severe dependency upon alcohol or other drugs 4760
which may endanger the public by impairing the licensee's ability 4761
to practice; 4762
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(h) Having disciplinary action taken against the 4763
licensee's license in another state; 4764
(i) Making differential, detrimental treatment against 4765
any person because of race, color, creed, sex, religion or 4766
national origin; 4767
(j) Engaging in lewd conduct in connection with 4768
professional services or activities; 4769
(k) Engaging in false or misleading advertising; 4770
(l) Contracting, assisting or permitting unlicensed 4771
persons to perform services for which a license is required under 4772
this chapter or privilege to practice is required under Section 4773
73-23-101; 4774
(m) Violation of any probation requirements placed on a 4775
license or privilege to practice by the board; 4776
(n) Revealing confidential information except as may be 4777
required by law; 4778
(o) Failing to inform clients of the fact that the 4779
client no longer needs the services or professional assistance of 4780
the licensee; 4781
(p) Charging excessive or unreasonable fees or engaging 4782
in unreasonable collection practices; 4783
(q) For treating or attempting to treat ailments or 4784
other health conditions of human beings other than by physical 4785
therapy as authorized by this chapter; 4786
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(r) Except as authorized in Section 73-23-35(3) and 4787
(4), for applying or offering to apply physical therapy, exclusive 4788
of initial evaluation or screening and exclusive of education or 4789
consultation for the prevention of physical and mental disability 4790
within the scope of physical therapy, other than upon the referral 4791
from a licensed physician, dentist, osteopath, podiatrist, 4792
chiropractor, physician assistant or nurse practitioner; or for 4793
acting as a physical therapist assistant other than under the 4794
direct, on-site supervision of a licensed physical therapist; 4795
(s) Failing to adhere to the recognized standards of 4796
ethics of the physical therapy profession as established by rules 4797
of the board; 4798
(t) Failing to complete continuing competence 4799
requirements as established by board rule; 4800
(u) Failing to supervise physical therapist assistants 4801
in accordance with this chapter and/or board rules; 4802
(v) Engaging in sexual misconduct. For the purpose of 4803
this paragraph, sexual misconduct includes, but is not necessarily 4804
limited to: 4805
(i) Engaging in or soliciting sexual 4806
relationships, whether consensual or nonconsensual, while a 4807
physical therapist or physical therapist assistant/patient 4808
relationship exists. 4809
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(ii) Making sexual advances, requesting sexual 4810
favors or engaging in other verbal conduct or physical contact of 4811
a sexual nature with patients or clients. 4812
(iii) Intentionally viewing a completely or 4813
partially disrobed patient in the course of treatment if the 4814
viewing is not related to patient diagnosis or treatment under 4815
current practice standards; 4816
(w) The erroneous issuance of a license or privilege to 4817
practice to any person; 4818
(x) Violations of any provisions of this chapter, board 4819
rules or regulations or a written order or directive of the board; 4820
(y) Failing to maintain adequate patient records. For 4821
the purposes of this paragraph, "adequate patient records" means 4822
legible records that contain at minimum sufficient information to 4823
identify the patient, an evaluation of objective findings, a 4824
diagnosis, a plan of care, a treatment record and a discharge 4825
plan; 4826
(z) Failing to report to the board any unprofessional, 4827
incompetent or illegal acts that appear to be in violation of this 4828
law or any rules established by the board. 4829
(2) The board may order a licensee to submit to a reasonable 4830
physical or mental examination if the licensee's physical or 4831
mental capacity to practice safely is at issue in a disciplinary 4832
proceeding. 4833
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(3) Failure to comply with a board order to submit to a 4834
physical or mental examination shall render a licensee subject to 4835
the summary suspension procedures described in Section 73-23-64. 4836
(4) In addition to the reasons specified in subsection (1) 4837
of this section, the board shall be authorized to suspend the 4838
license or privilege to practice of any licensee for being out of 4839
compliance with an order for support, as defined in Section 4840
93-11-153. The procedure for suspension of a license or privilege 4841
to practice for being out of compliance with an order for support, 4842
and the procedure for the reissuance or reinstatement of a license 4843
or privilege to practice suspended for that purpose, and the 4844
payment of any fees for the reissuance or reinstatement of a 4845
license or privilege to practice suspended for that purpose, shall 4846
be governed by Section 93-11-157 or 93-11-163, as the case may be. 4847
If there is any conflict between any provision of Section 4848
93-11-157 or 93-11-163 and any provision of this chapter, the 4849
provisions of Section 93-11-157 or 93-11-163, as the case may be, 4850
shall control. 4851
SECTION 55. Section 73-24-19, Mississippi Code of 1972, is 4852
amended as follows: 4853
73-24-19. (1) An applicant applying for a license as an 4854
occupational therapist or as an occupational therapy assistant 4855
shall file a written application on forms provided by the board, 4856
showing to the satisfaction of the board that he or she meets the 4857
following requirements: 4858
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* * * 4859
( * * *a) Has been awarded a degree from an education 4860
program in occupational therapy recognized by the board, with a 4861
concentration of instruction in basic human sciences, the human 4862
development process, occupational tasks and activities, the 4863
health-illness-health continuum, and occupational therapy theory 4864
and practice: 4865
(i) For an occupational therapist, such program 4866
shall be accredited by the Accreditation Council for Occupational 4867
Therapy Education of the American Occupational Therapy Association 4868
or the board-recognized accrediting body; 4869
(ii) For an occupational therapy assistant, such a 4870
program shall be accredited by the Accreditation Council for 4871
Occupational Therapy Education of the American Occupational 4872
Therapy Association or the board-recognized accrediting body; 4873
( * * *b) Has successfully completed a period of 4874
supervised fieldwork experience at a recognized educational 4875
institution or a training program approved by the educational 4876
institution where he or she met the academic requirements: 4877
(i) For an occupational therapist, the required 4878
supervised fieldwork experience shall meet current national 4879
standards that are published annually by the board; 4880
(ii) For an occupational therapy assistant, the 4881
required supervised fieldwork experience shall meet national 4882
standards that are published annually by the board. 4883
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(2) The board shall approve an examination for occupational 4884
therapists and an examination for occupational therapy assistants 4885
that will be used as the examination for licensure. 4886
(3) Any person applying for licensure shall, in addition to 4887
demonstrating his or her eligibility in accordance with the 4888
requirements of this section, make application to the board for 4889
review of proof of his or her eligibility for certification by the 4890
National Board for Certification in Occupational Therapy, Inc. 4891
(NBCOT), or its successor organization, on a form and in such a 4892
manner as the board shall prescribe. The application shall be 4893
accompanied by the fee fixed in accordance with the provisions of 4894
Section 73-24-29. The board shall establish standards for 4895
acceptable performance on the examination. A person who fails an 4896
examination may apply for reexamination upon payment of the 4897
prescribed fee. 4898
(4) Applicants for licensure shall be examined at a time and 4899
place and under such supervision as the board may require. The 4900
board shall give reasonable public notice of these examinations in 4901
accordance with its rules and regulations. 4902
(5) An applicant may be licensed as an occupational 4903
therapist if he or she: (a) has practiced as an occupational 4904
therapy assistant for four (4) years, (b) has completed the 4905
requirements of a period of six (6) months of supervised fieldwork 4906
experience at a recognized educational institution or a training 4907
program approved by a recognized accredited educational 4908
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institution before January 1, 1988, and (c) has passed the 4909
examination for occupational therapists. 4910
(6) An applicant applying for a compact privilege to 4911
practice as an occupational therapist or as an occupational 4912
therapy assistant must meet the requirements set out in the 4913
Occupational Therapy Licensure Compact provided for in Section 4914
73-24-51. 4915
(7) Each application or filing made under this section shall 4916
include the social security number(s) of the applicant in 4917
accordance with Section 93-11-64. 4918
SECTION 56. Section 73-24-21, Mississippi Code of 1972, is 4919
amended as follows: 4920
73-24-21. (1) The board shall grant a license to any person 4921
certified prior to July 1, 1988, as an Occupational Therapist 4922
Registered (OTR) or a Certified Occupational Therapy Assistant 4923
(COTA) by the American Occupational Therapy Association (AOTA). 4924
The board may waive the examination, education or experience 4925
requirements and grant a license to any person certified by AOTA 4926
after July 1, 1988, if the board determines the requirements for 4927
such certification are equivalent to the requirements for 4928
licensure in this article. 4929
(2) The board may waive the examination, education or 4930
experience requirements and grant a license to any applicant who 4931
shall present proof of current licensure as an occupational 4932
therapist or occupational therapy assistant in another state, the 4933
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District of Columbia or territory of the United States which 4934
requires standards for licensure considered by the board to be 4935
equivalent to the requirements for licensure of this article. The 4936
issuance of a license by reciprocity to a military-trained 4937
applicant, military spouse or person who establishes residence in 4938
this state shall be subject to the provisions of Section 73-50-1 4939
or 73-50-2, as applicable. 4940
(3) Foreign-trained occupational therapists and occupational 4941
therapy assistants shall satisfy the examination requirements of 4942
Section 73-24-19. The board shall require foreign-trained 4943
applicants to furnish proof of * * * completion of educational and 4944
supervised fieldwork requirements substantially equal to those 4945
contained in Section 73-24-19 before taking the examination. 4946
SECTION 57. Section 73-24-24, Mississippi Code of 1972, is 4947
amended as follows: 4948
73-24-24. (1) Licensees subject to this article shall 4949
conduct their activities, services and practice in accordance with 4950
this article and any rules promulgated pursuant hereto. Licenses 4951
and compact privileges may be subject to the exercise of the 4952
disciplinary sanction enumerated in Section 73-24-25 if the board 4953
finds that a licensee is guilty of any of the following: 4954
(a) Negligence in the practice or performance of 4955
professional services or activities; 4956
(b) Engaging in dishonorable, unethical or 4957
unprofessional conduct of a character likely to deceive, defraud 4958
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or harm the public in the course of professional services or 4959
activities; 4960
(c) Perpetrating or cooperating in fraud or material 4961
deception in obtaining or renewing a license or compact privilege 4962
or attempting the same; 4963
(d) Being convicted of * * * a crime * * * if 4964
misstatement, fraud or dishonesty is an essential element of the 4965
crime; 4966
(e) Being convicted of any crime which is a * * * 4967
disqualifying crime as provided in the Fresh Start Act under the 4968
laws of this state or the United States; 4969
(f) Engaging in or permitting the performance of 4970
unacceptable services personally or by others working under the 4971
licensee's supervision due to the licensee's deliberate or 4972
negligent act or acts or failure to act, regardless of whether 4973
actual damage or damages to the public is established; 4974
(g) Continued practice although the licensee has become 4975
unfit to practice as an occupational therapist or occupational 4976
therapist assistant due to: (i) failure to keep abreast of 4977
current professional theory or practice; or (ii) physical or 4978
mental disability; the entry of an order or judgment by a court of 4979
competent jurisdiction that a licensee is in need of mental 4980
treatment or is incompetent shall constitute mental disability; or 4981
(iii) addiction or severe dependency upon alcohol or other drugs 4982
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which may endanger the public by impairing the licensee's ability 4983
to practice; 4984
(h) Having disciplinary action taken against the 4985
licensee's license or compact privilege in another state; 4986
(i) Making differential, detrimental treatment against 4987
any person because of race, color, creed, sex, religion or 4988
national origin; 4989
(j) Engaging in lewd conduct in connection with 4990
professional services or activities; 4991
(k) Engaging in false or misleading advertising; 4992
(l) Contracting, assisting or permitting unlicensed 4993
persons to perform services for which a license or compact 4994
privilege is required under this chapter; 4995
(m) Violation of any probation requirements placed on a 4996
license or compact privilege by the board; 4997
(n) Revealing confidential information except as may be 4998
required by law; 4999
(o) Failing to inform clients of the fact that the 5000
client no longer needs the services or professional assistance of 5001
the licensee; 5002
(p) Charging excessive or unreasonable fees or engaging 5003
in unreasonable collection practices; 5004
(q) For treating or attempting to treat ailments or 5005
other health conditions of human beings other than by occupational 5006
therapy as authorized by this article; 5007
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(r) For practice or activities considered to be 5008
unprofessional conduct as defined by the rules and regulations; 5009
(s) Violations of the current codes of conduct for 5010
occupational therapists and occupational therapy assistants 5011
adopted by the American Occupational Therapy Association; 5012
(t) Violations of any rules or regulations promulgated 5013
pursuant to this article. 5014
(2) The board may order a licensee to submit to a reasonable 5015
physical or mental examination if the licensee's physical or 5016
mental capacity to practice safely is at issue in a disciplinary 5017
proceeding. 5018
(3) Failure to comply with a board order to submit to a 5019
physical or mental examination shall render a licensee subject to 5020
the summary suspension procedures described in Section 73-24-25. 5021
SECTION 58. Section 73-25-3, Mississippi Code of 1972, is 5022
amended as follows: 5023
73-25-3. Every person who desires to obtain a license to 5024
practice medicine must apply therefor, in writing, to the State 5025
Board of Medical Licensure at least ten (10) days before the date 5026
of the examination and must be examined by the board according to 5027
the methods deemed by it to be the most practical and expeditious 5028
to test the applicants' qualifications. If the applicant is found 5029
by the board, upon examination, to possess sufficient learning in 5030
those branches * * *, the board shall issue him a license to 5031
practice medicine; however, no applicant shall be granted a 5032
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license unless the applicant holds a diploma from a reputable 5033
medical college or college of osteopathic medicine that requires a 5034
four-year course of at least thirty-two (32) weeks for each 5035
session, or its equivalent. 5036
To qualify for a Mississippi medical license, an applicant 5037
must have successfully been cleared for licensure through an 5038
investigation that shall consist of a * * * verification that the 5039
prospective licensee is not guilty of or in violation of any 5040
statutory ground for denial of licensure as set forth in Sections 5041
73-25-29 and 73-25-83. To assist the board in conducting its 5042
licensure investigation, all applicants shall undergo a 5043
fingerprint-based criminal history records check of the 5044
Mississippi central criminal database and the Federal Bureau of 5045
Investigation criminal history database. Each applicant shall 5046
submit a full set of the applicant's fingerprints in a form and 5047
manner prescribed by the board, which shall be forwarded to the 5048
Mississippi Department of Public Safety (department) and the 5049
Federal Bureau of Investigation Identification Division for this 5050
purpose. 5051
Any and all state or national criminal history records 5052
information obtained by the board that is not already a matter of 5053
public record shall be deemed nonpublic and confidential 5054
information restricted to the exclusive use of the board, its 5055
members, officers, investigators, agents and attorneys in 5056
evaluating the applicant's eligibility or disqualification for 5057
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licensure, and shall be exempt from the Mississippi Public Records 5058
Act of 1983. Except when introduced into evidence in a hearing 5059
before the board to determine licensure, no such information or 5060
records related thereto shall, except with the written consent of 5061
the applicant or by order of a court of competent jurisdiction, be 5062
released or otherwise disclosed by the board to any other person 5063
or agency. 5064
The board shall provide to the department the fingerprints of 5065
the applicant, any additional information that may be required by 5066
the department, and a form signed by the applicant consenting to 5067
the check of the criminal records and to the use of the 5068
fingerprints and other identifying information required by the 5069
state or national repositories. 5070
The board shall charge and collect from the applicant, in 5071
addition to all other applicable fees and costs, such amount as 5072
may be incurred by the board in requesting and obtaining state and 5073
national criminal history records information on the applicant. 5074
This section shall not apply to applicants for a special 5075
volunteer medical license authorized under Section 73-25-18. 5076
SECTION 59. Section 73-25-14, Mississippi Code of 1972, is 5077
amended as follows: 5078
73-25-14. (1) Except as provided in Section 33-1-39, the 5079
license of every person licensed to practice medicine or 5080
osteopathy in the State of Mississippi shall be renewed annually. 5081
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On or before May 1 of each year, the State Board of Medical 5082
Licensure shall mail a notice of renewal of license to every 5083
physician or osteopath to whom a license was issued or renewed 5084
during the current licensing year. The notice shall provide 5085
instructions for obtaining and submitting applications for 5086
renewal. The State Board of Medical Licensure is authorized to 5087
make applications for renewal available via electronic means. The 5088
applicant shall obtain and complete the application and submit it 5089
to the board in the manner prescribed by the board in the notice 5090
before June 30 with the renewal fee of an amount established by 5091
the board, but not to exceed Three Hundred Dollars ($300.00), a 5092
portion of which fee shall be used to support a program to aid 5093
impaired physicians and osteopaths. The payment of the annual 5094
license renewal fee shall be optional with all physicians over the 5095
age of seventy (70) years. Upon receipt of the application and 5096
fee, the board shall verify the accuracy of the application and 5097
issue to applicant a certificate of renewal for the ensuing year, 5098
beginning July 1 and expiring June 30 of the succeeding calendar 5099
year. That renewal shall render the holder thereof a legal 5100
practitioner as stated on the renewal form. 5101
(2) Any physician or osteopath practicing in Mississippi who 5102
allows his or her license to lapse by failing to renew the license 5103
as provided in subsection (1) may be reinstated by the board on 5104
satisfactory explanation for the failure to renew, by completion 5105
of a reinstatement form, and upon payment of the renewal fee for 5106
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the current year, and shall be assessed a fine of Twenty-five 5107
Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) 5108
for each month thereafter that the license renewal remains 5109
delinquent. 5110
(3) Any physician or osteopath not practicing in Mississippi 5111
who allows his or her license to lapse by failing to renew the 5112
license as provided in subsection (1) may be reinstated by the 5113
board on satisfactory explanation for the failure to renew, by 5114
completion of a reinstatement form and upon payment of the 5115
arrearages for the previous five (5) years and the renewal fee for 5116
the current year. 5117
(4) Any physician or osteopath who allows his or her license 5118
to lapse shall be notified by the board within thirty (30) days of 5119
that lapse. 5120
(5) Any person practicing as a licensed physician or 5121
osteopath during the time his or her license has lapsed shall be 5122
considered an illegal practitioner and shall be subject to 5123
penalties provided for violation of the Medical Practice Act, if 5124
he or she had not submitted the required reinstatement form and 5125
fee within fifteen (15) days after notification by the board of 5126
the lapse. 5127
(6) Any physician or osteopath practicing in the State of 5128
Mississippi whose license has lapsed and is deemed an illegal 5129
practitioner under subsection (5) of this section may petition the 5130
board for reinstatement of his or her license on a retroactive 5131
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basis, if the physician or osteopath was unable to meet the June 5132
30 deadline due to extraordinary or other legitimate reasons, and 5133
retroactive reinstatement of licensure shall be granted or may be 5134
denied by the board only for good cause. Failure to advise the 5135
board of change of address shall not be considered a basis of 5136
reinstatement. 5137
(7) None of the fees or fines provided for in this section 5138
shall be applicable to the renewal of a special volunteer medical 5139
license authorized under Section 73-25-18. 5140
(8) Fees collected under the provisions of this section 5141
shall be used by the board to defray expenses of administering the 5142
licensure provisions of the Medical Practice Act (Title 73, 5143
Chapter 25, Mississippi Code of 1972) and to support a program to 5144
aid impaired physicians and osteopaths in an amount determined by 5145
the board. 5146
(9) In order for a physician or osteopath whose medical 5147
license has been expired for five (5) years or more to qualify for 5148
reinstatement of license, the physician or osteopath must have 5149
successfully been cleared for reinstatement through an 5150
investigation that shall consist of a * * * verification that the 5151
prospective licensee is not guilty of or in violation of any 5152
statutory ground for denial of licensure as set forth in Sections 5153
73-25-29 and 73-25-83. To assist the board in conducting its 5154
licensure investigation, all applicants shall undergo a 5155
fingerprint-based criminal history records check of the 5156
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Mississippi central criminal database and the Federal Bureau of 5157
Investigation criminal history database. Each applicant shall 5158
submit a full set of the applicant's fingerprints in a form and 5159
manner prescribed by the board, which shall be forwarded to the 5160
Mississippi Department of Public Safety (department) and the 5161
Federal Bureau of Investigation Identification Division for this 5162
purpose. 5163
Any and all state or national criminal history records 5164
information obtained by the board that is not already a matter of 5165
public record shall be deemed nonpublic and confidential 5166
information restricted to the exclusive use of the board, its 5167
members, officers, investigators, agents and attorneys in 5168
evaluating the applicant's eligibility or disqualification for 5169
licensure, and shall be exempt from the Mississippi Public Records 5170
Act of 1983. Except when introduced into evidence in a hearing 5171
before the board to determine licensure, no such information or 5172
records related thereto shall, except with the written consent of 5173
the applicant or by order of a court of competent jurisdiction, be 5174
released or otherwise disclosed by the board to any other person 5175
or agency. 5176
The board shall provide to the department the fingerprints of 5177
the applicant, any additional information that may be required by 5178
the department, and a form signed by the applicant consenting to 5179
the check of the criminal records and to the use of the 5180
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fingerprints and other identifying information required by the 5181
state or national repositories. 5182
The board shall charge and collect from the applicant, in 5183
addition to all other applicable fees and costs, such amount as 5184
may be incurred by the board in requesting and obtaining state and 5185
national criminal history records information on the applicant. 5186
SECTION 60. Section 73-25-29, Mississippi Code of 1972, is 5187
amended as follows: 5188
73-25-29. The grounds for the nonissuance, suspension, 5189
revocation or restriction of a license or the denial of 5190
reinstatement or renewal of a license are: 5191
(1) Habitual personal use of narcotic drugs, or any 5192
other drug having addiction-forming or addiction-sustaining 5193
liability. 5194
(2) Habitual use of intoxicating liquors, or any 5195
beverage, to an extent which affects professional competency. 5196
(3) Administering, dispensing or prescribing any 5197
narcotic drug, or any other drug having addiction-forming or 5198
addiction-sustaining liability otherwise than in the course of 5199
legitimate professional practice. 5200
(4) Conviction of violation of any federal or state law 5201
regulating the possession, distribution or use of any narcotic 5202
drug or any drug considered a controlled substance under state or 5203
federal law, a certified copy of the conviction order or judgment 5204
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rendered by the trial court being prima facie evidence thereof, 5205
notwithstanding the pendency of any appeal. 5206
(5) Procuring, or attempting to procure, or aiding in, 5207
an abortion that is not medically indicated. 5208
(6) Conviction of a * * * disqualifying crime as 5209
provided in the Fresh Start Act, a certified copy of the 5210
conviction order or judgment rendered by the trial court being 5211
prima facie evidence thereof, notwithstanding the pendency of any 5212
appeal. 5213
(7) Obtaining or attempting to obtain a license by 5214
fraud or deception. 5215
(8) Unprofessional conduct, which includes, but is not 5216
limited to: 5217
(a) Practicing medicine under a false or assumed 5218
name or impersonating another practitioner, living or dead. 5219
(b) Knowingly performing any act which in any way 5220
assists an unlicensed person to practice medicine. 5221
(c) Making or willfully causing to be made any 5222
flamboyant claims concerning the licensee's professional 5223
excellence. 5224
(d) Being guilty of any dishonorable or unethical 5225
conduct likely to deceive, defraud or harm the public. 5226
(e) Obtaining a fee as personal compensation or 5227
gain from a person on fraudulent representation of a disease or 5228
injury condition generally considered incurable by competent 5229
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medical authority in the light of current scientific knowledge and 5230
practice can be cured or offering, undertaking, attempting or 5231
agreeing to cure or treat the same by a secret method, which he 5232
refuses to divulge to the board upon request. 5233
(f) Use of any false, fraudulent or forged 5234
statement or document, or the use of any fraudulent, deceitful, 5235
dishonest or immoral practice in connection with any of the 5236
licensing requirements, including the signing in his professional 5237
capacity any certificate that is known to be false at the time he 5238
makes or signs such certificate. 5239
(g) Failing to identify a physician's school of 5240
practice in all professional uses of his name by use of his earned 5241
degree or a description of his school of practice. 5242
(9) The refusal of a licensing authority of another 5243
state or jurisdiction to issue or renew a license, permit or 5244
certificate to practice medicine in that jurisdiction or the 5245
revocation, suspension or other restriction imposed on a license, 5246
permit or certificate issued by such licensing authority which 5247
prevents or restricts practice in that jurisdiction, a certified 5248
copy of the disciplinary order or action taken by the other state 5249
or jurisdiction being prima facie evidence thereof, 5250
notwithstanding the pendency of any appeal. 5251
(10) Surrender of a license or authorization to 5252
practice medicine in another state or jurisdiction or surrender of 5253
membership on any medical staff or in any medical or professional 5254
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association or society while under disciplinary investigation by 5255
any of those authorities or bodies for acts or conduct similar to 5256
acts or conduct which would constitute grounds for action as 5257
defined in this section. 5258
(11) Final sanctions imposed by the United States 5259
Department of Health and Human Services, Office of Inspector 5260
General or any successor federal agency or office, based upon a 5261
finding of incompetency, gross misconduct or failure to meet 5262
professionally recognized standards of health care; a certified 5263
copy of the notice of final sanction being prima facie evidence 5264
thereof. As used in this paragraph, the term "final sanction" 5265
means the written notice to a physician from the United States 5266
Department of Health and Human Services, Officer of Inspector 5267
General or any successor federal agency or office, which 5268
implements the exclusion. 5269
(12) Failure to furnish the board, its investigators or 5270
representatives information legally requested by the board. 5271
(13) Violation of any provision(s) of the Medical 5272
Practice Act or the rules and regulations of the board or of any 5273
order, stipulation or agreement with the board. 5274
(14) Violation(s) of the provisions of Sections 5275
41-121-1 through 41-121-9 relating to deceptive advertisement by 5276
health care practitioners. 5277
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(15) Performing or inducing an abortion on a woman in 5278
violation of any provision of Sections 41-41-131 through 5279
41-41-145. 5280
(16) Performing an abortion on a pregnant woman after 5281
determining that the unborn human individual that the pregnant 5282
woman is carrying has a detectable fetal heartbeat as provided in 5283
Section 41-41-34.1. 5284
(17) Violation(s) of any provision of Title 41, Chapter 5285
141, Mississippi Code of 1972. 5286
In addition to the grounds specified above, the board shall 5287
be authorized to suspend the license of any licensee for being out 5288
of compliance with an order for support, as defined in Section 5289
93-11-153. The procedure for suspension of a license for being 5290
out of compliance with an order for support, and the procedure for 5291
the reissuance or reinstatement of a license suspended for that 5292
purpose, and the payment of any fees for the reissuance or 5293
reinstatement of a license suspended for that purpose, shall be 5294
governed by Section 93-11-157 or 93-11-163, as the case may be. 5295
If there is any conflict between any provision of Section 5296
93-11-157 or 93-11-163 and any provision of this chapter, the 5297
provisions of Section 93-11-157 or 93-11-163, as the case may be, 5298
shall control. 5299
A physician who provides a written certification as 5300
authorized under the Mississippi Medical Cannabis Act and in 5301
compliance with rules and regulations adopted thereunder shall not 5302
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be subject to any disciplinary action under this section solely 5303
due to providing the written certification. 5304
SECTION 61. Section 73-25-32, Mississippi Code of 1972, is 5305
amended as follows: 5306
73-25-32. (1) A person whose license to practice medicine 5307
or osteopathy has been revoked or suspended may petition the 5308
Mississippi State Board of Medical Licensure to reinstate this 5309
license after a period of not less than one (1) year has elapsed 5310
from the date of the revocation or suspension. The procedure for 5311
the reinstatement of a license that is suspended for being out of 5312
compliance with an order for support, as defined in Section 5313
93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as 5314
the case may be. 5315
(2) The petition shall be accompanied by two (2) or more 5316
verified recommendations from physicians or osteopaths licensed by 5317
the Board of Medical Licensure to which the petition is addressed 5318
and by two (2) or more recommendations from citizens each having 5319
personal knowledge of the activities of the petitioner since the 5320
disciplinary penalty was imposed and such facts as may be required 5321
by the Board of Medical Licensure. 5322
The petition may be heard at the next regular meeting of the 5323
Board of Medical Licensure but not earlier than thirty (30) days 5324
after the petition was filed. No petition shall be considered 5325
while the petitioner is under sentence for any criminal offense, 5326
including any period during which he is under probation or parole. 5327
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The hearing may be continued from time to time as the Board of 5328
Medical Licensure finds necessary. 5329
(3) In determining whether the disciplinary penalty should 5330
be set aside and the terms and conditions, if any, that should be 5331
imposed if the disciplinary penalty is set aside, the Board of 5332
Medical Licensure may investigate and consider all activities of 5333
the petitioner since the disciplinary action was taken against 5334
him, the offense for which he was disciplined, his activity during 5335
the time his certificate was in good standing, his general 5336
reputation for truth * * * and professional ability * * *; and it 5337
may require the petitioner to pass an oral examination. 5338
(4) The investigation shall require the petitioner to 5339
undergo a fingerprint-based criminal history records check of the 5340
Mississippi central criminal database and the Federal Bureau of 5341
Investigation criminal history database. Each petitioner shall 5342
submit a full set of the petitioner's fingerprints in a form and 5343
manner prescribed by the board, which shall be forwarded to the 5344
Mississippi Department of Public Safety (department) and the 5345
Federal Bureau of Investigation Identification Division for this 5346
purpose. 5347
Any and all state or national criminal history records 5348
information obtained by the board that is not already a matter of 5349
public record shall be deemed nonpublic and confidential 5350
information restricted to the exclusive use of the board, its 5351
members, officers, investigators, agents and attorneys in 5352
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evaluating the applicant's eligibility or disqualification for 5353
licensure, and shall be exempt from the Mississippi Public Records 5354
Act of 1983. Except when introduced into evidence in a hearing 5355
before the board to determine licensure, no such information or 5356
records related thereto shall, except with the written consent of 5357
the applicant or by order of a court of competent jurisdiction, be 5358
released or otherwise disclosed by the board to any other person 5359
or agency. 5360
The board shall provide to the department the fingerprints of 5361
the petitioner, any additional information that may be required by 5362
the department, and a form signed by the petitioner consenting to 5363
the check of the criminal records and to the use of the 5364
fingerprints and other identifying information required by the 5365
state or national repositories. 5366
The board shall charge and collect from the petitioner, in 5367
addition to all other applicable fees and costs, such amount as 5368
may be incurred by the board in requesting and obtaining state and 5369
national criminal history records information on the applicant. 5370
(5) The Secretary-Treasurer of the Board of Medical 5371
Licensure shall enter into his records of the case all actions of 5372
the board in setting aside a disciplinary penalty under this 5373
section and he shall certify notices to the proper court clerk. 5374
The clerk shall make such changes on his records as may be 5375
necessary. 5376
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SECTION 62. Section 73-25-101, Mississippi Code of 1972, is 5377
amended as follows: 5378
73-25-101. The Interstate Medical Licensure Compact is 5379
enacted into law and entered into by this state with any and all 5380
states legally joining in the Compact in accordance with its 5381
terms, in the form substantially as follows: 5382
INTERSTATE MEDICAL LICENSURE COMPACT 5383
SECTION 1 5384
Purpose 5385
In order to strengthen access to health care, and in 5386
recognition of the advances in the delivery of health care, the 5387
member states of the Interstate Medical Licensure Compact have 5388
allied in common purpose to develop a comprehensive process that 5389
complements the existing licensing and regulatory authority of 5390
state medical boards, provides a streamlined process that allows 5391
physicians to become licensed in multiple states, thereby 5392
enhancing the portability of a medical license and ensuring the 5393
safety of patients. The Compact creates another pathway for 5394
licensure and does not otherwise change a state's existing Medical 5395
Practice Act. The Compact also adopts the prevailing standard for 5396
licensure and affirms that the practice of medicine occurs where 5397
the patient is located at the time of the physician-patient 5398
encounter, and therefore, requires the physician to be under the 5399
jurisdiction of the state medical board where the patient is 5400
located. State medical boards that participate in the Compact 5401
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retain the jurisdiction to impose an adverse action against a 5402
license to practice medicine in that state issued to a physician 5403
through the procedures in the Compact. 5404
SECTION 2 5405
Definitions 5406
In this Compact: 5407
(a) "Bylaws" means those bylaws established by the 5408
Interstate Commission pursuant to Section 11 for its governance, 5409
or for directing and controlling its actions and conduct. 5410
(b) "Commissioner" means the voting representative 5411
appointed by each member board pursuant to Section 11. 5412
(c) "Conviction" means a finding by a court that an 5413
individual is guilty of a criminal offense through adjudication, 5414
or entry of a plea of guilt or no contest to the charge by the 5415
offender. Evidence of an entry of a conviction of a criminal 5416
offense by the court shall be considered final for purposes of 5417
disciplinary action by a member board. 5418
(d) "Expedited license" means a full and unrestricted 5419
medical license granted by a member state to an eligible physician 5420
through the process set forth in the Compact. 5421
(e) "Interstate Commission" means the interstate 5422
commission created pursuant to Section 11. 5423
(f) "License" means authorization by a state for a 5424
physician to engage in the practice of medicine, which would be 5425
unlawful without the authorization. 5426
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(g) "Medical Practice Act" means laws and regulations 5427
governing the practice of allopathic and osteopathic medicine 5428
within a member state. 5429
(h) "Member board" means a state agency in a member 5430
state that acts in the sovereign interests of the state by 5431
protecting the public through licensure, regulation, and education 5432
of physicians as directed by the state government. 5433
(i) "Member state" means a state that has enacted the 5434
Compact. 5435
(j) "Practice of medicine" means the clinical 5436
prevention, diagnosis, or treatment of human disease, injury, or 5437
condition requiring a physician to obtain and maintain a license 5438
in compliance with the Medical Practice Act of a member state. 5439
(k) "Physician" means any person who: 5440
(1) Is a graduate of a medical school accredited 5441
by the Liaison Committee on Medical Education, the Commission on 5442
Osteopathic College Accreditation, or a medical school listed in 5443
the International Medical Education Directory or its equivalent; 5444
(2) Passed each component of the United States 5445
Medical Licensing Examination (USMLE) or the Comprehensive 5446
Osteopathic Medical Licensing Examination (COMLEX-USA) within 5447
three (3) attempts, or any of its predecessor examinations 5448
accepted by a state medical board as an equivalent examination for 5449
licensure purposes; 5450
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(3) Successfully completed graduate medical 5451
education approved by the Accreditation Council for Graduate 5452
Medical Education or the American Osteopathic Association; 5453
(4) Holds specialty certification or a 5454
time-unlimited specialty certificate recognized by the American 5455
Board of Medical Specialties or the American Osteopathic 5456
Association's Bureau of Osteopathic Specialists; 5457
(5) Possesses a full and unrestricted license to 5458
engage in the practice of medicine issued by a member board; 5459
(6) Has never been convicted, received 5460
adjudication, deferred adjudication, community supervision, or 5461
deferred disposition for any offense by a court of appropriate 5462
jurisdiction; 5463
(7) Has never held a license authorizing the 5464
practice of medicine subjected to discipline by a licensing agency 5465
in any state, federal, or foreign jurisdiction, excluding any 5466
action related to nonpayment of fees related to a license; 5467
(8) Has never had a controlled substance license 5468
or permit suspended or revoked by a state or the United States 5469
Drug Enforcement Administration; and 5470
(9) Is not under active investigation by a 5471
licensing agency or law enforcement authority in any state, 5472
federal, or foreign jurisdiction. 5473
(l) "Offense" means a * * * disqualifying crime as 5474
provided in the Fresh Start Act. 5475
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(m) "Rule" means a written statement by the Interstate 5476
Commission promulgated pursuant to Section 12 of the Compact that 5477
is of general applicability, implements, interprets, or prescribes 5478
a policy or provision of the Compact, or an organizational, 5479
procedural, or practice requirement of the Interstate Commission, 5480
and has the force and effect of statutory law in a member state, 5481
and includes the amendment, repeal, or suspension of an existing 5482
rule. 5483
(n) "State" means any state, commonwealth, district, or 5484
territory of the United States. 5485
(o) "State of principal license" means a member state 5486
where a physician holds a license to practice medicine and which 5487
has been designated as such by the physician for purposes of 5488
registration and participation in the Compact. 5489
SECTION 3 5490
Eligibility 5491
(a) A physician must meet the eligibility requirements as 5492
defined in Section 2(k) to receive an expedited license under the 5493
terms and provisions of the Compact. 5494
(b) A physician who does not meet the requirements of 5495
Section 2(k) may obtain a license to practice medicine in a member 5496
state if the individual complies with all laws and requirements, 5497
other than the Compact, relating to the issuance of a license to 5498
practice medicine in that state. 5499
SECTION 4 5500
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Designation of State of Principal License 5501
(a) A physician shall designate a member state as the state 5502
of principal license for purposes of registration for expedited 5503
licensure through the Compact if the physician possesses a full 5504
and unrestricted license to practice medicine in that state, and 5505
the state is: 5506
(1) The state of primary residence for the physician, 5507
or 5508
(2) The state where at least twenty-five percent (25%) 5509
of the practice of medicine occurs, or 5510
(3) The location of the physician's employer, or 5511
(4) If no state qualifies under subsection (1), 5512
subsection (2), or subsection (3), the state designated as state 5513
of residence for purpose of federal income tax. 5514
(b) A physician may redesignate a member state as state of 5515
principal license at any time, as long as the state meets the 5516
requirements in subsection (a). 5517
(c) The Interstate Commission is authorized to develop rules 5518
to facilitate redesignation of another member state as the state 5519
of principal license. 5520
SECTION 5 5521
Application and Issuance of Expedited Licensure 5522
(a) A physician seeking licensure through the Compact shall 5523
file an application for an expedited license with the member board 5524
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of the state selected by the physician as the state of principal 5525
license. 5526
(b) Upon receipt of an application for an expedited license, 5527
the member board within the state selected as the state of 5528
principal license shall evaluate whether the physician is eligible 5529
for expedited licensure and issue a letter of qualification, 5530
verifying or denying the physician's eligibility, to the 5531
Interstate Commission. 5532
(i) Static qualifications, which include verification 5533
of medical education, graduate medical education, results of any 5534
medical or licensing examination, and other qualifications as 5535
determined by the Interstate Commission through rule, shall not be 5536
subject to additional primary source verification where already 5537
primary source verified by the state of principal license. 5538
(ii) The member board within the state selected as the 5539
state of principal license shall, in the course of verifying 5540
eligibility, perform a criminal background check of an applicant, 5541
including the use of the results of fingerprint or other biometric 5542
data checks compliant with the requirements of the Federal Bureau 5543
of Investigation, with the exception of federal employees who have 5544
suitability determination in accordance with United States Code of 5545
Federal Regulation Section 731.202. 5546
(iii) Appeal on the determination of eligibility shall 5547
be made to the member state where the application was filed and 5548
shall be subject to the law of that state. 5549
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(c) Upon verification in subsection (b), physicians eligible 5550
for an expedited license shall complete the registration process 5551
established by the Interstate Commission to receive a license in a 5552
member state selected pursuant to subsection (a), including the 5553
payment of any applicable fees. 5554
(d) After receiving verification of eligibility under 5555
subsection (b) and any fees under subsection (c), a member board 5556
shall issue an expedited license to the physician. This license 5557
shall authorize the physician to practice medicine in the issuing 5558
state consistent with the Medical Practice Act and all applicable 5559
laws and regulations of the issuing member board and member state. 5560
(e) An expedited license shall be valid for a period 5561
consistent with the licensure period in the member state and in 5562
the same manner as required for other physicians holding a full 5563
and unrestricted license within the member state. 5564
(f) An expedited license obtained though the Compact shall 5565
be terminated if a physician fails to maintain a license in the 5566
state of principal licensure for a nondisciplinary reason, without 5567
redesignation of a new state of principal licensure. 5568
(g) The Interstate Commission is authorized to develop rules 5569
regarding the application process, including payment of any 5570
applicable fees, and the issuance of an expedited license. 5571
SECTION 6 5572
Fees for Expedited Licensure 5573
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(a) A member state issuing an expedited license authorizing 5574
the practice of medicine in that state may impose a fee for a 5575
license issued or renewed through the Compact. 5576
(b) The Interstate Commission is authorized to develop rules 5577
regarding fees for expedited licenses. 5578
SECTION 7 5579
Renewal and Continued Participation 5580
(a) A physician seeking to renew an expedited license 5581
granted in a member state shall complete a renewal process with 5582
the Interstate Commission if the physician: 5583
(1) Maintains a full and unrestricted license in a 5584
state of principal license; 5585
(2) Has not been convicted, received adjudication, 5586
deferred adjudication, community supervision, or deferred 5587
disposition for any offense by a court of appropriate 5588
jurisdiction; 5589
(3) Has not had a license authorizing the practice of 5590
medicine subject to discipline by a licensing agency in any state, 5591
federal, or foreign jurisdiction, excluding any action related to 5592
nonpayment of fees related to a license; and 5593
(4) Has not had a controlled substance license or 5594
permit suspended or revoked by a state or the United States Drug 5595
Enforcement Administration. 5596
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(b) Physicians shall comply with all continuing professional 5597
development or continuing medical education requirements for 5598
renewal of a license issued by a member state. 5599
(c) The Interstate Commission shall collect any renewal fees 5600
charged for the renewal of a license and distribute the fees to 5601
the applicable member board. 5602
(d) Upon receipt of any renewal fees collected in subsection 5603
(c), a member board shall renew the physician's license. 5604
(e) Physician information collected by the Interstate 5605
Commission during the renewal process will be distributed to all 5606
member boards. 5607
(f) The Interstate Commission is authorized to develop rules 5608
to address renewal of licenses obtained through the Compact. 5609
SECTION 8 5610
Coordinated Information System 5611
(a) The Interstate Commission shall establish a database of 5612
all physicians licensed, or who have applied for licensure, under 5613
Section 5. 5614
(b) Notwithstanding any other provision of law, member 5615
boards shall report to the Interstate Commission any public action 5616
or complaints against a licensed physician who has applied or 5617
received an expedited license through the Compact. 5618
(c) Member boards shall report disciplinary or investigatory 5619
information determined as necessary and proper by rule of the 5620
Interstate Commission. 5621
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(d) Member boards may report any nonpublic complaint, 5622
disciplinary, or investigatory information not required by 5623
subsection (c) to the Interstate Commission. 5624
(e) Member boards shall share complaint or disciplinary 5625
information about a physician upon request of another member 5626
board. 5627
(f) All information provided to the Interstate Commission or 5628
distributed by member boards shall be confidential, filed under 5629
seal, and used only for investigatory or disciplinary matters. 5630
(g) The Interstate Commission is authorized to develop rules 5631
for mandated or discretionary sharing of information by member 5632
boards. 5633
SECTION 9 5634
Joint Investigations 5635
(a) Licensure and disciplinary records of physicians are 5636
deemed investigative. 5637
(b) In addition to the authority granted to a member board 5638
by its respective Medical Practice Act or other applicable state 5639
law, a member board may participate with other member boards in 5640
joint investigations of physicians licensed by the member boards. 5641
(c) A subpoena issued by a member state shall be enforceable 5642
in other member states. 5643
(d) Member boards may share any investigative, litigation, 5644
or compliance materials in furtherance of any joint or individual 5645
investigation initiated under the Compact. 5646
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(e) Any member state may investigate actual or alleged 5647
violations of the statutes authorizing the practice of medicine in 5648
any other member state in which a physician holds a license to 5649
practice medicine. 5650
SECTION 10 5651
Disciplinary Actions 5652
(a) Any disciplinary action taken by any member board 5653
against a physician licensed through the Compact shall be deemed 5654
unprofessional conduct which may be subject to discipline by other 5655
member boards, in addition to any violation of the Medical 5656
Practice Act or regulations in that state. 5657
(b) If a license granted to a physician by the member board 5658
in the state of principal license is revoked, surrendered or 5659
relinquished in lieu of discipline, or suspended, then all 5660
licenses issued to the physician by member boards shall 5661
automatically be placed, without further action necessary by any 5662
member board, on the same status. If the member board in the 5663
state of principal license subsequently reinstates the physician's 5664
license, a license issued to the physician by any other member 5665
board shall remain encumbered until that respective member board 5666
takes action to reinstate the license in a manner consistent with 5667
the Medical Practice Act of that state. 5668
(c) If disciplinary action is taken against a physician by a 5669
member board not in the state of principal license, any other 5670
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member board may deem the action conclusive as to matter of law 5671
and fact decided, and: 5672
(i) Impose the same or lesser sanction(s) against the 5673
physician so long as such sanctions are consistent with the 5674
Medical Practice Act of that state; or 5675
(ii) Pursue separate disciplinary action against the 5676
physician under its respective Medical Practice Act, regardless of 5677
the action taken in other member states. 5678
(d) If a license granted to a physician by a member board is 5679
revoked, surrendered or relinquished in lieu of discipline, or 5680
suspended, then any license(s) issued to the physician by any 5681
other member board(s) shall be suspended, automatically and 5682
immediately without further action necessary by the other member 5683
board(s), for ninety (90) days upon entry of the order by the 5684
disciplining board, to permit the member board(s) to investigate 5685
the basis for the action under the Medical Practice Act of that 5686
state. A member board may terminate the automatic suspension of 5687
the license it issued prior to the completion of the ninety (90) 5688
day suspension period in a manner consistent with the Medical 5689
Practice Act of that state. 5690
SECTION 11 5691
Interstate Medical Licensure Compact Commission 5692
(a) The member states create the "Interstate Medical 5693
Licensure Compact Commission." 5694
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(b) The purpose of the Interstate Commission is the 5695
administration of the Interstate Medical Licensure Compact, which 5696
is a discretionary state function. 5697
(c) The Interstate Commission shall be a body corporate and 5698
joint agency of the member states and shall have all the 5699
responsibilities, powers, and duties set forth in the Compact, and 5700
such additional powers as may be conferred upon it by a subsequent 5701
concurrent action of the respective legislatures of the member 5702
states in accordance with the terms of the Compact. 5703
(d) The Interstate Commission shall consist of two (2) 5704
voting representatives appointed by each member state who shall 5705
serve as Commissioners. In states where allopathic and 5706
osteopathic physicians are regulated by separate member boards, or 5707
if the licensing and disciplinary authority is split between 5708
multiple member boards within a member state, the member state 5709
shall appoint one (1) representative from each member board. A 5710
Commissioner shall be a(n): 5711
(1) Allopathic or osteopathic physician appointed to a 5712
member board; 5713
(2) Executive director, executive secretary, or similar 5714
executive of a member board; or 5715
(3) Member of the public appointed to a member board. 5716
(e) The Interstate Commission shall meet at least once each 5717
calendar year. A portion of this meeting shall be a business 5718
meeting to address such matters as may properly come before the 5719
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Commission, including the election of officers. The chairperson 5720
may call additional meetings and shall call for a meeting upon the 5721
request of a majority of the member states. 5722
(f) The bylaws may provide for meetings of the Interstate 5723
Commission to be conducted by telecommunication or electronic 5724
communication. 5725
(g) Each Commissioner participating at a meeting of the 5726
Interstate Commission is entitled to one (1) vote. A majority of 5727
Commissioners shall constitute a quorum for the transaction of 5728
business, unless a larger quorum is required by the bylaws of the 5729
Interstate Commission. A Commissioner shall not delegate a vote 5730
to another Commissioner. In the absence of its Commissioner, a 5731
member state may delegate voting authority for a specified meeting 5732
to another person from that state who shall meet the requirements 5733
of subsection (d). 5734
(h) The Interstate Commission shall provide public notice of 5735
all meetings and all meetings shall be open to the public. The 5736
Interstate Commission may close a meeting, in full or in portion, 5737
where it determines by a two-thirds (2/3) vote of the 5738
Commissioners present that an open meeting would be likely to: 5739
(1) Relate solely to the internal personnel practices 5740
and procedures of the Interstate Commission; 5741
(2) Discuss matters specifically exempted from 5742
disclosure by federal statute; 5743
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(3) Discuss trade secrets, commercial, or financial 5744
information that is privileged or confidential; 5745
(4) Involve accusing a person of a crime, or formally 5746
censuring a person; 5747
(5) Discuss information of a personal nature where 5748
disclosure would constitute a clearly unwarranted invasion of 5749
personal privacy; 5750
(6) Discuss investigative records compiled for law 5751
enforcement purposes; or 5752
(7) Specifically relate to the participation in a civil 5753
action or other legal proceeding. 5754
(i) The Interstate Commission shall keep minutes which shall 5755
fully describe all matters discussed in a meeting and shall 5756
provide a full and accurate summary of actions taken, including 5757
record of any roll call votes. 5758
(j) The Interstate Commission shall make its information and 5759
official records, to the extent not otherwise designated in the 5760
Compact or by its rules, available to the public for inspection. 5761
(k) The Interstate Commission shall establish an executive 5762
committee, which shall include officers, members, and others as 5763
determined by the bylaws. The executive committee shall have the 5764
power to act on behalf of the Interstate Commission, with the 5765
exception of rulemaking, during periods when the Interstate 5766
Commission is not in session. When acting on behalf of the 5767
Interstate Commission, the executive committee shall oversee the 5768
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administration of the Compact including enforcement and compliance 5769
with the provisions of the Compact, its bylaws and rules, and 5770
other such duties as necessary. 5771
(l) The Interstate Commission may establish other committees 5772
for governance and administration of the Compact. 5773
SECTION 12 5774
Powers and Duties of the Interstate Commission 5775
The Interstate Commission shall have the duty and power to: 5776
(a) Oversee and maintain the administration of the Compact; 5777
(b) Promulgate rules which shall be binding to the extent 5778
and in the manner provided for in the Compact; 5779
(c) Issue, upon the request of a member state or member 5780
board, advisory opinions concerning the meaning or interpretation 5781
of the Compact, its bylaws, rules, and actions; 5782
(d) Enforce compliance with Compact provisions, the rules 5783
promulgated by the Interstate Commission, and the bylaws, using 5784
all necessary and proper means, including but not limited to the 5785
use of judicial process; 5786
(e) Establish and appoint committees, including but not 5787
limited to an executive committee as required by Section 11, which 5788
shall have the power to act on behalf of the Interstate Commission 5789
in carrying out its powers and duties; 5790
(f) Pay, or provide for the payment of the expenses related 5791
to the establishment, organization, and ongoing activities of the 5792
Interstate Commission; 5793
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(g) Establish and maintain one or more offices; 5794
(h) Borrow, accept, hire, or contract for services of 5795
personnel; 5796
(i) Purchase and maintain insurance and bonds; 5797
(j) Employ an executive director who shall have such powers 5798
to employ, select or appoint employees, agents, or consultants, 5799
and to determine their qualifications, define their duties, and 5800
fix their compensation; 5801
(k) Establish personnel policies and programs relating to 5802
conflicts of interest, rates of compensation, and qualifications 5803
of personnel; 5804
(l) Accept donations and grants of money, equipment, 5805
supplies, materials and services, and to receive, utilize, and 5806
dispose of it in a manner consistent with the conflict of interest 5807
policies established by the Interstate Commission; 5808
(m) Lease, purchase, accept contributions or donations of, 5809
or otherwise to own, hold, improve or use, any property, real, 5810
personal, or mixed; 5811
(n) Sell, convey, mortgage, pledge, lease, exchange, 5812
abandon, or otherwise dispose of any property, real, personal, or 5813
mixed; 5814
(o) Establish a budget and make expenditures; 5815
(p) Adopt a seal and bylaws governing the management and 5816
operation of the Interstate Commission; 5817
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(q) Report annually to the legislatures and governors of the 5818
member states concerning the activities of the Interstate 5819
Commission during the preceding year. Such reports shall also 5820
include reports of financial audits and any recommendations that 5821
may have been adopted by the Interstate Commission; 5822
(r) Coordinate education, training, and public awareness 5823
regarding the Compact, its implementation, and its operation; 5824
(s) Maintain records in accordance with the bylaws; 5825
(t) Seek and obtain trademarks, copyrights, and patents; and 5826
(u) Perform such functions as may be necessary or 5827
appropriate to achieve the purposes of the Compact. 5828
SECTION 13 5829
Finance Powers 5830
(a) The Interstate Commission may levy on and collect an 5831
annual assessment from each member state to cover the cost of the 5832
operations and activities of the Interstate Commission and its 5833
staff. The total assessment must be sufficient to cover the 5834
annual budget approved each year for which revenue is not provided 5835
by other sources. The aggregate annual assessment amount shall be 5836
allocated upon a formula to be determined by the Interstate 5837
Commission, which shall promulgate a rule binding upon all member 5838
states. 5839
(b) The Interstate Commission shall not incur obligations of 5840
any kind prior to securing the funds adequate to meet the same. 5841
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(c) The Interstate Commission shall not pledge the credit of 5842
any of the member states, except by, and with the authority of, 5843
the member state. 5844
(d) The Interstate Commission shall be subject to a yearly 5845
financial audit conducted by a certified or licensed public 5846
accountant and the report of the audit shall be included in the 5847
annual report of the Interstate Commission. 5848
SECTION 14 5849
Organization and Operation of the Interstate Commission 5850
(a) The Interstate Commission shall, by a majority of 5851
Commissioners present and voting, adopt bylaws to govern its 5852
conduct as may be necessary or appropriate to carry out the 5853
purposes of the Compact within twelve (12) months of the first 5854
Interstate Commission meeting. 5855
(b) The Interstate Commission shall elect or appoint 5856
annually from among its Commissioners a chairperson, a vice 5857
chairperson, and a treasurer, each of whom shall have such 5858
authority and duties as may be specified in the bylaws. The 5859
chairperson, or in the chairperson's absence or disability, the 5860
vice chairperson, shall preside at all meetings of the Interstate 5861
Commission. 5862
(c) Officers selected in subsection (b) shall serve without 5863
remuneration from the Interstate Commission. 5864
(d) The officers and employees of the Interstate Commission 5865
shall be immune from suit and liability, either personally or in 5866
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their official capacity, for a claim for damage to or loss of 5867
property or personal injury or other civil liability caused or 5868
arising out of, or relating to, an actual or alleged act, error, 5869
or omission that occurred, or that such person had a reasonable 5870
basis for believing occurred, within the scope of Interstate 5871
Commission employment, duties, or responsibilities; provided that 5872
such person shall not be protected from suit or liability for 5873
damage, loss, injury, or liability caused by the intentional or 5874
willful and wanton misconduct of such person. 5875
(1) The liability of the executive director and 5876
employees of the Interstate Commission or representatives of the 5877
Interstate Commission, acting within the scope of such person's 5878
employment or duties for acts, errors, or omissions occurring 5879
within such person's state, may not exceed the limits of liability 5880
set forth under the constitution and laws of that state for state 5881
officials, employees, and agents. The Interstate Commission is 5882
considered to be an instrumentality of the states for the purposes 5883
of any such action. Nothing in this subsection shall be construed 5884
to protect such person from suit or liability for damage, loss, 5885
injury, or liability caused by the intentional or willful and 5886
wanton misconduct of such person. 5887
(2) The Interstate Commission shall defend the 5888
executive director, its employees, and subject to the approval of 5889
the attorney general or other appropriate legal counsel of the 5890
member state represented by an Interstate Commission 5891
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representative, shall defend such Interstate Commission 5892
representative in any civil action seeking to impose liability 5893
arising out of an actual or alleged act, error or omission that 5894
occurred within the scope of Interstate Commission employment, 5895
duties or responsibilities, or that the defendant had a reasonable 5896
basis for believing occurred within the scope of Interstate 5897
Commission employment, duties, or responsibilities, provided that 5898
the actual or alleged act, error, or omission did not result from 5899
intentional or willful and wanton misconduct on the part of such 5900
person. 5901
(3) To the extent not covered by the state involved, 5902
member state, or the Interstate Commission, the representatives or 5903
employees of the Interstate Commission shall be held harmless in 5904
the amount of a settlement or judgment, including attorney's fees 5905
and costs, obtained against such persons arising out of an actual 5906
or alleged act, error, or omission that occurred within the scope 5907
of Interstate Commission employment, duties, or responsibilities, 5908
or that such persons had a reasonable basis for believing occurred 5909
within the scope of Interstate Commission employment, duties, or 5910
responsibilities, provided that the actual or alleged act, error, 5911
or omission did not result from intentional or willful and wanton 5912
misconduct on the part of such persons. 5913
SECTION 15 5914
Rulemaking Functions of the Interstate Commission 5915
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(a) The Interstate Commission shall promulgate reasonable 5916
rules in order to effectively and efficiently achieve the purposes 5917
of the Compact. Notwithstanding the foregoing, in the event the 5918
Interstate Commission exercises its rulemaking authority in a 5919
manner that is beyond the scope of the purposes of the Compact, or 5920
the powers granted hereunder, then such an action by the 5921
Interstate Commission shall be invalid and have no force or 5922
effect. 5923
(b) Rules deemed appropriate for the operations of the 5924
Interstate Commission shall be made pursuant to a rulemaking 5925
process that substantially conforms to the "Model State 5926
Administrative Procedure Act" of 2010, and subsequent amendments 5927
thereto. 5928
(c) Not later than thirty (30) days after a rule is 5929
promulgated, any person may file a petition for judicial review of 5930
the rule in the United States District Court for the District of 5931
Columbia or the federal district where the Interstate Commission 5932
has its principal offices, provided that the filing of such a 5933
petition shall not stay or otherwise prevent the rule from 5934
becoming effective unless the court finds that the petitioner has 5935
a substantial likelihood of success. The court shall give 5936
deference to the actions of the Interstate Commission consistent 5937
with applicable law and shall not find the rule to be unlawful if 5938
the rule represents a reasonable exercise of the authority granted 5939
to the Interstate Commission. 5940
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SECTION 16 5941
Oversight of Interstate Compact 5942
(a) The executive, legislative, and judicial branches of 5943
state government in each member state shall enforce the Compact 5944
and shall take all actions necessary and appropriate to effectuate 5945
the Compact's purposes and intent. The provisions of the Compact 5946
and the rules promulgated hereunder shall have standing as 5947
statutory law but shall not override existing state authority to 5948
regulate the practice of medicine. 5949
(b) All courts shall take judicial notice of the Compact and 5950
the rules in any judicial or administrative proceeding in a member 5951
state pertaining to the subject matter of the Compact which may 5952
affect the powers, responsibilities or actions of the Interstate 5953
Commission. 5954
(c) The Interstate Commission shall be entitled to receive 5955
all service of process in any such proceeding, and shall have 5956
standing to intervene in the proceeding for all purposes. Failure 5957
to provide service of process to the Interstate Commission shall 5958
render a judgment or order void as to the Interstate Commission, 5959
the Compact, or promulgated rules. 5960
SECTION 17 5961
Enforcement of Interstate Compact 5962
(a) The Interstate Commission, in the reasonable exercise of 5963
its discretion, shall enforce the provisions and rules of the 5964
Compact. 5965
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(b) The Interstate Commission may, by majority vote of the 5966
Commissioners, initiate legal action in the United States District 5967
Court for the District of Columbia, or, at the discretion of the 5968
Interstate Commission, in the federal district where the 5969
Interstate Commission has its principal offices, to enforce 5970
compliance with the provisions of the Compact, and its promulgated 5971
rules and bylaws, against a member state in default. The relief 5972
sought may include both injunctive relief and damages. In the 5973
event judicial enforcement is necessary, the prevailing party 5974
shall be awarded all costs of such litigation including reasonable 5975
attorney's fees. 5976
(c) The remedies herein shall not be the exclusive remedies 5977
of the Interstate Commission. The Interstate Commission may avail 5978
itself of any other remedies available under state law or the 5979
regulation of a profession. 5980
SECTION 18 5981
Default Procedures 5982
(a) The grounds for default include, but are not limited to, 5983
failure of a member state to perform such obligations or 5984
responsibilities imposed upon it by the Compact, or the rules and 5985
bylaws of the Interstate Commission promulgated under the Compact. 5986
(b) If the Interstate Commission determines that a member 5987
state has defaulted in the performance of its obligations or 5988
responsibilities under the Compact, or the bylaws or promulgated 5989
rules, the Interstate Commission shall: 5990
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(1) Provide written notice to the defaulting state and 5991
other member states, of the nature of the default, the means of 5992
curing the default, and any action taken by the Interstate 5993
Commission. The Interstate Commission shall specify the 5994
conditions by which the defaulting state must cure its default; 5995
and 5996
(2) Provide remedial training and specific technical 5997
assistance regarding the default. 5998
(c) If the defaulting state fails to cure the default, the 5999
defaulting state shall be terminated from the Compact upon an 6000
affirmative vote of a majority of the Commissioners and all 6001
rights, privileges, and benefits conferred by the Compact shall 6002
terminate on the effective date of termination. A cure of the 6003
default does not relieve the offending state of obligations or 6004
liabilities incurred during the period of the default. 6005
(d) Termination of membership in the Compact shall be 6006
imposed only after all other means of securing compliance have 6007
been exhausted. Notice of intent to terminate shall be given by 6008
the Interstate Commission to the Governor, the majority and 6009
minority leaders of the defaulting state's legislature, and each 6010
of the member states. 6011
(e) The Interstate Commission shall establish rules and 6012
procedures to address licenses and physicians that are materially 6013
impacted by the termination of a member state, or the withdrawal 6014
of a member state. 6015
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(f) The member state which has been terminated is 6016
responsible for all dues, obligations, and liabilities incurred 6017
through the effective date of termination including obligations, 6018
the performance of which extends beyond the effective date of 6019
termination. 6020
(g) The Interstate Commission shall not bear any costs 6021
relating to any state that has been found to be in default or 6022
which has been terminated from the Compact, unless otherwise 6023
mutually agreed upon in writing between the Interstate Commission 6024
and the defaulting state. 6025
(h) The defaulting state may appeal the action of the 6026
Interstate Commission by petitioning the United States District 6027
Court for the District of Columbia or the federal district where 6028
the Interstate Commission has its principal offices. The 6029
prevailing party shall be awarded all costs of such litigation 6030
including reasonable attorney's fees. 6031
SECTION 19 6032
Dispute Resolution 6033
(a) The Interstate Commission shall attempt, upon the 6034
request of a member state, to resolve disputes which are subject 6035
to the Compact and which may arise among member states or member 6036
boards. 6037
(b) The Interstate Commission shall promulgate rules 6038
providing for both mediation and binding dispute resolution as 6039
appropriate. 6040
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SECTION 20 6041
Member States, Effective Date and Amendment 6042
(a) Any state is eligible to become a member state of the 6043
Compact. 6044
(b) The Compact shall become effective and binding upon 6045
legislative enactment of the Compact into law by no less than 6046
seven (7) states. Thereafter, it shall become effective and 6047
binding on a state upon enactment of the Compact into law by that 6048
state. 6049
(c) The governors of nonmember states, or their designees, 6050
shall be invited to participate in the activities of the 6051
Interstate Commission on a nonvoting basis prior to adoption of 6052
the Compact by all states. 6053
(d) The Interstate Commission may propose amendments to the 6054
Compact for enactment by the member states. No amendment shall 6055
become effective and binding upon the Interstate Commission and 6056
the member states unless and until it is enacted into law by 6057
unanimous consent of the member states. 6058
SECTION 21 6059
Withdrawal 6060
(a) Once effective, the Compact shall continue in force and 6061
remain binding upon each and every member state; provided that a 6062
member state may withdraw from the Compact by specifically 6063
repealing the statute which enacted the Compact into law. 6064
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(b) Withdrawal from the Compact shall be by the enactment of 6065
a statute repealing the same, but shall not take effect until one 6066
(1) year after the effective date of such statute and until 6067
written notice of the withdrawal has been given by the withdrawing 6068
state to the Governor of each other member state. 6069
(c) The withdrawing state shall immediately notify the 6070
chairperson of the Interstate Commission in writing upon the 6071
introduction of legislation repealing the Compact in the 6072
withdrawing state. 6073
(d) The Interstate Commission shall notify the other member 6074
states of the withdrawing state's intent to withdraw within sixty 6075
(60) days of its receipt of notice provided under subsection (c). 6076
(e) The withdrawing state is responsible for all dues, 6077
obligations and liabilities incurred through the effective date of 6078
withdrawal, including obligations, the performance of which extend 6079
beyond the effective date of withdrawal. 6080
(f) Reinstatement following withdrawal of a member state 6081
shall occur upon the withdrawing state reenacting the Compact or 6082
upon such later date as determined by the Interstate Commission. 6083
(g) The Interstate Commission is authorized to develop rules 6084
to address the impact of the withdrawal of a member state on 6085
licenses granted in other member states to physicians who 6086
designated the withdrawing member state as the state of principal 6087
license. 6088
SECTION 22 6089
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Dissolution 6090
(a) The Compact shall dissolve effective upon the date of 6091
the withdrawal or default of the member state which reduces the 6092
membership in the Compact to one (1) member state. 6093
(b) Upon the dissolution of the Compact, the Compact becomes 6094
null and void and shall be of no further force or effect, and the 6095
business and affairs of the Interstate Commission shall be 6096
concluded and surplus funds shall be distributed in accordance 6097
with the bylaws. 6098
SECTION 23 6099
Severability and Construction 6100
(a) The provisions of the Compact shall be severable, and if 6101
any phrase, clause, sentence, or provision is deemed 6102
unenforceable, the remaining provisions of the Compact shall be 6103
enforceable. 6104
(b) The provisions of the Compact shall be liberally 6105
construed to effectuate its purposes. 6106
(c) Nothing in the Compact shall be construed to prohibit 6107
the applicability of other interstate compacts to which the states 6108
are members. 6109
SECTION 24 6110
Binding Effect of Compact and Other Laws 6111
(a) Nothing herein prevents the enforcement of any other law 6112
of a member state that is not inconsistent with the Compact. 6113
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(b) All laws in a member state in conflict with the Compact 6114
are superseded to the extent of the conflict. 6115
(c) All lawful actions of the Interstate Commission, 6116
including all rules and bylaws promulgated by the Commission, are 6117
binding upon the member states. 6118
(d) All agreements between the Interstate Commission and the 6119
member states are binding in accordance with their terms. 6120
(e) In the event any provision of the Compact exceeds the 6121
constitutional limits imposed on the legislature of any member 6122
state, such provision shall be ineffective to the extent of the 6123
conflict with the constitutional provision in question in that 6124
member state. 6125
SECTION 63. Section 73-26-3, Mississippi Code of 1972, is 6126
amended as follows: 6127
73-26-3. (1) The State Board of Medical Licensure shall 6128
license and regulate the practice of physician assistants in 6129
accordance with the provisions of this chapter. 6130
(2) All physician assistants who are employed as physician 6131
assistants by a Department of Veterans Affairs health care 6132
facility, a branch of the United States military or the Federal 6133
Bureau of Prisons, and who are practicing as physician assistants 6134
in a federal facility in Mississippi on July 1, 2000, and those 6135
physician assistants who trained in a Mississippi physician 6136
assistant program and have been continuously practicing as a 6137
physician assistant in Mississippi since 1976, shall be eligible 6138
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for licensure if they submit an application for licensure to the 6139
board by December 31, 2000. Physician assistants licensed under 6140
this subsection will be eligible for license renewal so long as 6141
they meet standard renewal requirements. 6142
(3) Before December 31, 2004, applicants for physician 6143
assistant licensure, except those licensed under subsection (2) of 6144
this section, must be graduates of physician assistant educational 6145
programs accredited by the Commission on Accreditation of Allied 6146
Health Educational Programs or its predecessor or successor 6147
agency, have passed the certification examination administered by 6148
the National Commission on Certification of Physician Assistants 6149
(NCCPA), have current NCCPA certification, and possess a minimum 6150
of a baccalaureate degree. Physician assistants meeting these 6151
licensure requirements will be eligible for license renewal so 6152
long as they meet standard renewal requirements. 6153
(4) On or after December 31, 2004, applicants for physician 6154
assistant licensure must meet all of the requirements in 6155
subsection (3) of this section and, in addition, must have 6156
obtained a minimum of a master's degree in a health-related or 6157
science field. 6158
(5) Applicants for licensure who meet all licensure 6159
requirements except for the master's degree may be granted a 6160
temporary license by the board so long as they can show proof of 6161
enrollment in a master's program that will, when completed, meet 6162
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the master's degree requirement. The temporary license will be 6163
valid for no longer than one (1) year, and may not be renewed. 6164
(6) For new graduate physician assistants and all physician 6165
assistants receiving initial licenses in the state, except those 6166
licensed under subsection (2) of this section, supervision shall 6167
require the on-site presence of a supervising physician for one 6168
hundred twenty (120) days. 6169
(7) To qualify for a Mississippi physician assistant 6170
license, an applicant must have successfully been cleared for 6171
licensure through an investigation that shall consist of a * * * 6172
verification that the prospective licensee is not guilty of or in 6173
violation of any statutory ground for denial of licensure. To 6174
assist the board in conducting its licensure investigation, all 6175
applicants shall undergo a fingerprint-based criminal history 6176
records check of the Mississippi central criminal database and the 6177
Federal Bureau of Investigation criminal history database. Each 6178
applicant shall submit a full set of the applicant's fingerprints 6179
in a form and manner prescribed by the board, which shall be 6180
forwarded to the Mississippi Department of Public Safety 6181
(department) and the Federal Bureau of Investigation 6182
Identification Division for this purpose. 6183
Any and all state or national criminal history records 6184
information obtained by the board that is not already a matter of 6185
public record shall be deemed nonpublic and confidential 6186
information restricted to the exclusive use of the board, its 6187
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members, officers, investigators, agents and attorneys in 6188
evaluating the applicant's eligibility or disqualification for 6189
licensure, and shall be exempt from the Mississippi Public Records 6190
Act of 1983. Except when introduced into evidence in a hearing 6191
before the board to determine licensure, no such information or 6192
records related thereto shall, except with the written consent of 6193
the applicant or by order of a court of competent jurisdiction, be 6194
released or otherwise disclosed by the board to any other person 6195
or agency. 6196
The board shall provide to the department the fingerprints of 6197
the applicant, any additional information that may be required by 6198
the department, and a form signed by the applicant consenting to 6199
the check of the criminal records and to the use of the 6200
fingerprints and other identifying information required by the 6201
state or national repositories. 6202
The board shall charge and collect from the applicant, in 6203
addition to all other applicable fees and costs, such amount as 6204
may be incurred by the board in requesting and obtaining state and 6205
national criminal history records information on the applicant. 6206
SECTION 64. Section 73-27-5, Mississippi Code of 1972, is 6207
amended as follows: 6208
73-27-5. All applicants for license shall have attained the 6209
age of twenty-one (21) years, and shall * * * have had at least 6210
four (4) years of high school education and be graduates of same; 6211
they shall have at least one (1) year of prepodiatry college 6212
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education and be graduates of some college of podiatry recognized 6213
as being in good standing by the State Board of Medical Licensure. 6214
No college of podiatry or chiropody shall be accredited by the 6215
board as a college of good standing that does not require for 6216
graduation a course of study of at least four (4) years (eight and 6217
one-half (8-1/2) months each) and be recognized by the Council on 6218
Education of the American Podiatry Association. However, all 6219
podiatrists actively engaged in the practice of podiatry in the 6220
State of Mississippi, prior to January 1, 1938, whether graduates 6221
or not, shall, upon furnishing proof thereof by displaying their 6222
state privilege tax license to the Secretary of the State Board of 6223
Medical Licensure, and upon payment of fee of Ten Dollars and 6224
Twenty-five Cents ($10.25), be entitled to a license without an 6225
examination, and applications for the license shall be filed not 6226
later than sixty (60) days after February 17, 1938. Upon payment 6227
of a fee prescribed by the State Board of Medical Licensure, not 6228
to exceed Five Hundred Dollars ($500.00), a license without 6229
examination may be issued to podiatrists of other states 6230
maintaining equal statutory requirements for the practice of 6231
podiatry and extending the same reciprocal privileges to this 6232
state. The State Board of Medical Licensure may affiliate with 6233
the National Board of Chiropody or Podiatry Licensure in granting 6234
licenses to practice podiatry in Mississippi, provided the written 6235
examination covers at least two-thirds (2/3) of the subjects set 6236
forth in Section 73-27-9. The issuance of a license by 6237
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reciprocity to a military-trained applicant, military spouse or 6238
person who establishes residence in this state shall be subject to 6239
the provisions of Section 73-50-1 or 73-50-2, as applicable. 6240
To qualify for a Mississippi podiatry license, an applicant 6241
must have successfully been cleared for licensure through an 6242
investigation that shall consist of a * * * verification that the 6243
prospective licensee is not guilty of or in violation of any 6244
statutory ground for denial of licensure as set forth in Section 6245
73-27-13. To assist the board in conducting its licensure 6246
investigation, all applicants shall undergo a fingerprint-based 6247
criminal history records check of the Mississippi central criminal 6248
database and the Federal Bureau of Investigation criminal history 6249
database. Each applicant shall submit a full set of the 6250
applicant's fingerprints in a form and manner prescribed by the 6251
board, which shall be forwarded to the Mississippi Department of 6252
Public Safety (department) and the Federal Bureau of Investigation 6253
Identification Division for this purpose. 6254
Any and all state or national criminal history records 6255
information obtained by the board that is not already a matter of 6256
public record shall be deemed nonpublic and confidential 6257
information restricted to the exclusive use of the board, its 6258
members, officers, investigators, agents and attorneys in 6259
evaluating the applicant's eligibility or disqualification for 6260
licensure, and shall be exempt from the Mississippi Public Records 6261
Act of 1983. Except when introduced into evidence in a hearing 6262
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before the board to determine licensure, no such information or 6263
records related thereto shall, except with the written consent of 6264
the applicant or by order of a court of competent jurisdiction, be 6265
released or otherwise disclosed by the board to any other person 6266
or agency. 6267
The board shall provide to the department the fingerprints of 6268
the applicant, any additional information that may be required by 6269
the department, and a form signed by the applicant consenting to 6270
the check of the criminal records and to the use of the 6271
fingerprints and other identifying information required by the 6272
state or national repositories. 6273
The board shall charge and collect from the applicant, in 6274
addition to all other applicable fees and costs, such amount as 6275
may be incurred by the board in requesting and obtaining state and 6276
national criminal history records information on the applicant. 6277
Each application or filing made under this section shall 6278
include the social security number(s) of the applicant in 6279
accordance with Section 93-11-64. 6280
SECTION 65. Section 73-27-12, Mississippi Code of 1972, is 6281
amended as follows: 6282
73-27-12. (1) Except as provided in Section 33-1-39, the 6283
license of every person licensed to practice podiatry in the State 6284
of Mississippi shall be renewed annually. 6285
On or before May 1 of each year, the board shall mail a 6286
notice of renewal of license to every podiatrist to whom a license 6287
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was issued or renewed during the current licensing year. The 6288
notice shall provide instructions for obtaining and submitting 6289
applications for renewal. The State Board of Medical Licensure is 6290
authorized to make applications for renewal available via 6291
electronic means. The applicant shall obtain and complete the 6292
application and submit it to the board in the manner prescribed by 6293
the board in the notice before June 30 with the renewal fee of an 6294
amount established by the board, but not to exceed Three Hundred 6295
Dollars ($300.00), a portion of which fee shall be used to support 6296
a program to aid impaired podiatrists. Upon receipt of the 6297
application and fee, the board shall verify the accuracy of the 6298
application and issue to applicant a certificate of renewal for 6299
the ensuing year, beginning July 1 and expiring June 30 of the 6300
succeeding calendar year. That renewal shall render the holder 6301
thereof a legal practitioner as stated on the renewal form. 6302
(2) Any podiatrist practicing in Mississippi who allows his 6303
or her license to lapse by failing to renew the license as 6304
provided in subsection (1) may be reinstated by the board on 6305
satisfactory explanation for the failure to renew, by completion 6306
of a reinstatement form, and upon payment of the renewal fee for 6307
the current year, and shall be assessed a fine of Twenty-five 6308
Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) 6309
for each month thereafter that the license renewal remains 6310
delinquent. 6311
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(3) Any podiatrist not practicing in Mississippi who allows 6312
his or her license to lapse by failing to renew the license as 6313
provided in subsection (1) may be reinstated by the board on 6314
satisfactory explanation for the failure to renew, by completion 6315
of a reinstatement form and upon payment of the arrearages for the 6316
previous five (5) years and the renewal fee for the current year. 6317
(4) Any podiatrist who allows his or her license to lapse 6318
shall be notified by the board within thirty (30) days of that 6319
lapse. 6320
(5) Any person practicing as a licensed podiatrist during 6321
the time his or her license has lapsed shall be considered an 6322
illegal practitioner and shall be subject to penalties set forth 6323
in Section 73-27-17, provided that he or she has not submitted the 6324
required reinstatement form and fee within fifteen (15) days after 6325
notification by the board of the lapse. 6326
(6) Any podiatrist practicing in the State of Mississippi 6327
whose license has lapsed and is deemed an illegal practitioner 6328
under subsection (5) of this section may petition the board for 6329
reinstatement of his or her license on a retroactive basis, if the 6330
podiatrist was unable to meet the June 30 deadline due to 6331
extraordinary or other legitimate reasons, and retroactive 6332
reinstatement of licensure shall be granted or may be denied by 6333
the board only for good cause. Failure to advise the board of 6334
change of address shall not be considered a basis for 6335
reinstatement. 6336
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applicability of.
(7) Fees collected under the provisions of this section 6337
shall be used by the board to defray expenses of administering the 6338
licensure provisions of Title 73, Chapter 27, Mississippi Code of 6339
1972, and to support a program to aid impaired podiatrists in an 6340
amount determined by the board. 6341
(8) In order for a podiatrist whose podiatric medical 6342
license has been expired for five (5) years or more to qualify for 6343
reinstatement of license, the podiatrist must have successfully 6344
been cleared for reinstatement through an investigation that shall 6345
consist of a * * * verification that the prospective licensee is 6346
not guilty of or in violation of any statutory ground for denial 6347
of licensure as set forth in Section 73-27-13. To assist the 6348
board in conducting its licensure investigation, all applicants 6349
shall undergo a fingerprint-based criminal history records check 6350
of the Mississippi central criminal database and the Federal 6351
Bureau of Investigation criminal history database. Each applicant 6352
shall submit a full set of the applicant's fingerprints in a form 6353
and manner prescribed by the board, which shall be forwarded to 6354
the Mississippi Department of Public Safety (department) and the 6355
Federal Bureau of Investigation Identification Division for this 6356
purpose. 6357
Any and all state or national criminal history records 6358
information obtained by the board that is not already a matter of 6359
public record shall be deemed nonpublic and confidential 6360
information restricted to the exclusive use of the board, its 6361
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applicability of.
members, officers, investigators, agents and attorneys in 6362
evaluating the applicant's eligibility or disqualification for 6363
licensure, and shall be exempt from the Mississippi Public Records 6364
Act of 1983. Except when introduced into evidence in a hearing 6365
before the board to determine licensure, no such information or 6366
records related thereto shall, except with the written consent of 6367
the applicant or by order of a court of competent jurisdiction, be 6368
released or otherwise disclosed by the board to any other person 6369
or agency. 6370
The board shall provide to the department the fingerprints of 6371
the applicant, any additional information that may be required by 6372
the department, and a form signed by the applicant consenting to 6373
the check of the criminal records and to the use of the 6374
fingerprints and other identifying information required by the 6375
state or national repositories. 6376
The board shall charge and collect from the applicant, in 6377
addition to all other applicable fees and costs, such amount as 6378
may be incurred by the board in requesting and obtaining state and 6379
national criminal history records information on the applicant. 6380
SECTION 66. Section 73-27-13, Mississippi Code of 1972, is 6381
amended as follows: 6382
73-27-13. (1) The State Board of Medical Licensure may 6383
refuse to issue, suspend, revoke or otherwise restrict any license 6384
provided for in this chapter, with the advice of the advisory 6385
committee, based upon the following grounds: 6386
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applicability of.
(a) Habitual personal use of narcotic drugs, or any 6387
other drug having addiction-forming or addiction-sustaining 6388
liability. 6389
(b) Habitual use of intoxicating liquors, or any 6390
beverage, to an extent which affects professional competency. 6391
(c) Administering, dispensing or prescribing any 6392
narcotic drug, or any other drug having addiction-forming or 6393
addiction-sustaining liability otherwise than in the course of 6394
legitimate professional practice. 6395
(d) Conviction of violation of any federal or state law 6396
regulating the possession, distribution or use of any narcotic 6397
drug or any drug considered a controlled substance under state or 6398
federal law. 6399
(e) Performing any medical diagnosis or treatment 6400
outside the scope of podiatry as defined in Section 73-27-1. 6401
(f) Conviction of a * * * disqualifying crime as 6402
provided in the Fresh Start Act. 6403
(g) Obtaining or attempting to obtain a license by 6404
fraud or deception. 6405
(h) Unprofessional conduct, which includes, but is not 6406
limited to: 6407
(i) Practicing medicine under a false or assumed 6408
name or impersonating another practitioner, living or dead. 6409
(ii) Knowingly performing any act which in any way 6410
assists an unlicensed person to practice podiatry. 6411
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(iii) Making or willfully causing to be made any 6412
flamboyant claims concerning the licensee's professional 6413
excellence. 6414
(iv) Being guilty of any dishonorable or unethical 6415
conduct likely to deceive, defraud or harm the public. 6416
(v) Obtaining a fee as personal compensation or 6417
gain from a person on fraudulent representation a disease or 6418
injury condition generally considered incurable by competent 6419
medical authority in the light of current scientific knowledge and 6420
practice can be cured or offering, undertaking, attempting or 6421
agreeing to cure or treat the same by a secret method, which he 6422
refuses to divulge to the board upon request. 6423
(vi) Use of any false, fraudulent or forged 6424
statement or document, or the use of any fraudulent, deceitful, 6425
dishonest or immoral practice in connection with any of the 6426
licensing requirements, including the signing in his professional 6427
capacity any certificate that is known to be false at the time he 6428
makes or signs such certificate. 6429
(vii) Failing to identify a podiatrist's school of 6430
practice in all professional uses of his name by use of his earned 6431
degree or a description of his school of practice. 6432
(i) The refusal of a licensing authority of another 6433
state to issue or renew a license, permit or certificate to 6434
practice podiatry in that state or the revocation, suspension or 6435
other restriction imposed on a license, permit or certificate 6436
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applicability of.
issued by such licensing authority which prevents or restricts 6437
practice in that state. 6438
(j) Violation(s) of the provisions of Sections 41-121-1 6439
through 41-121-9 relating to deceptive advertisement by health 6440
care practitioners. 6441
(2) Upon the nonissuance, suspension or revocation of a 6442
license to practice podiatry, the board may, in its discretion and 6443
with the advice of the advisory committee, reissue a license after 6444
a lapse of six (6) months. No advertising shall be permitted 6445
except regular professional cards. 6446
(3) In its investigation of whether the license of a 6447
podiatrist should be suspended, revoked or otherwise restricted, 6448
the board may inspect patient records in accordance with the 6449
provisions of Section 73-25-28. 6450
(4) In addition to the grounds specified in subsection (1) 6451
of this section, the board shall be authorized to suspend the 6452
license of any licensee for being out of compliance with an order 6453
for support, as defined in Section 93-11-153. The procedure for 6454
suspension of a license for being out of compliance with an order 6455
for support, and the procedure for the reissuance or reinstatement 6456
of a license suspended for that purpose, and the payment of any 6457
fees for the reissuance or reinstatement of a license suspended 6458
for that purpose, shall be governed by Section 93-11-157 or 6459
93-11-163, as the case may be. If there is any conflict between 6460
any provision of Section 93-11-157 or 93-11-163 and any provision 6461
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of this chapter, the provisions of Section 93-11-157 or 93-11-163, 6462
as the case may be, shall control. 6463
SECTION 67. Section 73-27-16, Mississippi Code of 1972, is 6464
amended as follows: 6465
73-27-16. (1) A person whose license to practice podiatry 6466
has been revoked or suspended may petition the Mississippi State 6467
Board of Medical Licensure to reinstate this license after a 6468
period of not less than one (1) year has elapsed from the date of 6469
the revocation or suspension. The procedure for the reinstatement 6470
of a license that is suspended for being out of compliance with an 6471
order for support, as defined in Section 93-11-153, shall be 6472
governed by Section 93-11-157 or 93-11-163, as the case may be. 6473
(2) The petition shall be accompanied by two (2) or more 6474
verified recommendations from podiatrists licensed by the Board of 6475
Medical Licensure to which the petition is addressed and by two 6476
(2) or more recommendations from citizens each having personal 6477
knowledge of the activities of the petitioner since the 6478
disciplinary penalty was imposed and such facts as may be required 6479
by the board. 6480
The petition may be heard at the next regular meeting of the 6481
Board of Medical Licensure but not earlier than thirty (30) days 6482
after the petition was filed. No petition shall be considered 6483
while the petitioner is under sentence for any criminal offense, 6484
including any period during which he is under probation or parole. 6485
The hearing may be continued from time to time as the Board of 6486
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Medical Licensure finds necessary. Any final action by the board 6487
on a petition under this section shall be made with the advice of 6488
the advisory committee. 6489
(3) In determining whether the disciplinary penalty should 6490
be set aside and the terms and conditions, if any, which should be 6491
imposed if the disciplinary penalty is set aside, the Board of 6492
Medical Licensure may investigate and consider all activities of 6493
the petitioner since the disciplinary action was taken against 6494
him, the offense for which he was disciplined, his activity during 6495
the time his certificate was in good standing, his general 6496
reputation for truth * * * and professional ability * * *; and it 6497
may require the petitioner to pass an oral examination. 6498
(4) The Secretary-Treasurer of the Board of Medical 6499
Licensure shall enter into his records of the case all actions of 6500
the Board of Medical Licensure in setting aside a disciplinary 6501
penalty under this section and he shall certify notices to the 6502
proper court clerk. The clerk shall make such changes on his 6503
records as may be necessary. 6504
SECTION 68. Section 73-29-13, Mississippi Code of 1972, is 6505
amended as follows: 6506
73-29-13. A person is qualified to receive a license as an 6507
examiner: 6508
(1) Who is at least twenty-one (21) years of age; 6509
(2) Who is a citizen of the United States; 6510
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(3) Who establishes that he is a person of honesty, 6511
truthfulness, and integrity * * *; 6512
(4) Who has not been convicted of a * * * disqualifying 6513
crime as provided in the Fresh Start Act; 6514
(5) Who holds a baccalaureate degree from a college or 6515
university accredited by the American Association of Collegiate 6516
Registrars and Admissions Officers or, in lieu thereof, has five 6517
(5) consecutive years of active investigative experience 6518
immediately preceding his application; 6519
(6) Who is a graduate of a polygraph examiners course 6520
approved by the board and has satisfactorily completed not less 6521
than six (6) months of internship training, provided that if the 6522
applicant is not a graduate of an approved polygraph examiners 6523
course, satisfactory completion of not less than twelve (12) 6524
months of internship training may satisfy this subdivision; and 6525
(7) Prior to the issuance of a license, the applicant 6526
must furnish to the board evidence of a surety bond or insurance 6527
policy. Said surety bond or insurance policy shall be in the sum 6528
of Five Thousand Dollars ($5,000.00) and shall be conditioned that 6529
the obligor therein will pay to the extent of the face amount of 6530
such surety bond or insurance policy all judgments which may be 6531
recovered against the licensee by reason of any wrongful or 6532
illegal acts committed by him in the course of his examinations. 6533
SECTION 69. Section 73-29-19, Mississippi Code of 1972, is 6534
amended as follows: 6535
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73-29-19. An applicant who is a polygraph examiner licensed 6536
under the laws of another state or territory of the United States 6537
may be issued a license upon payment of a fee of Fifty Dollars 6538
($50.00) and the production of satisfactory proof that: 6539
(1) He is at least twenty-one (21) years of age; 6540
(2) He is a citizen of the United States; 6541
* * * 6542
( * * *3) The requirements for the licensing of 6543
polygraph examiners in such particular state or territory of the 6544
United States were, at the date of the applicant's licensing 6545
therein, substantially equivalent to the requirements now in force 6546
in this state; 6547
( * * *4) The applicant had lawfully engaged in the 6548
administration of polygraph examinations under the laws of such 6549
state or territory for at least two (2) years prior to his 6550
application for license hereunder; 6551
( * * *5) Such other state or territory grants similar 6552
reciprocity to license holders of this state; and 6553
( * * *6) He has complied with Section 73-29-17. 6554
The issuance of a license by reciprocity to a 6555
military-trained applicant, military spouse or person who 6556
establishes residence in this state shall be subject to the 6557
provisions of Section 73-50-1 or 73-50-2, as applicable. 6558
SECTION 70. Section 73-29-31, Mississippi Code of 1972, is 6559
amended as follows: 6560
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73-29-31. (1) The board may refuse to issue or may suspend 6561
or revoke a license on any one or more of the following grounds: 6562
(a) For failing to inform a subject to be examined as 6563
to the nature of the examination; 6564
(b) For failing to inform a subject to be examined that 6565
his participation in the examination is voluntary; 6566
(c) Material misstatement in the application for 6567
original license or in the application for any renewal license 6568
under this chapter; 6569
(d) Willful disregard or violation of this chapter or 6570
of any regulation or rule issued pursuant thereto, including, but 6571
not limited to, willfully making a false report concerning an 6572
examination for polygraph examination purposes; 6573
(e) If the holder of any license has been adjudged 6574
guilty of the commission of a * * * disqualifying crime as 6575
provided in the Fresh Start Act; 6576
(f) Making any willful misrepresentation or false 6577
promises or causing to be printed any false or misleading 6578
advertisement for the purpose of directly or indirectly obtaining 6579
business or trainees; 6580
(g) Having demonstrated unworthiness or incompetency to 6581
act as a polygraph examiner as defined by this chapter; 6582
(h) Allowing one's license under this chapter to be 6583
used by any unlicensed person in violation of the provisions of 6584
this chapter; 6585
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(i) Willfully aiding or abetting another in the 6586
violation of this chapter or any regulation or rule issued 6587
pursuant thereto; 6588
(j) Where the license holder has been adjudged by a 6589
court of competent jurisdiction as habitual drunkard, mentally 6590
incompetent, or in need of a conservator; 6591
(k) Failing, within a reasonable time, to provide 6592
information requested by the secretary as the result of a formal 6593
complaint to the board which would indicate a violation of this 6594
chapter; 6595
(l) Failing to inform the subject of the results of the 6596
examination if so requested; or 6597
(m) With regard to any polygraph examiner employed for 6598
a fee and not employed by a governmental law enforcement agency or 6599
the Mississippi Department of Corrections: 6600
(i) Requiring a subject, prior to taking the 6601
examination or as a condition of receiving the results of the 6602
examination, to waive any rights or causes of action he may have 6603
or which may accrue in favor of the subject arising out of or 6604
resulting from the administration of the examination; except the 6605
examiner may require, prior to the examination or as a condition 6606
of receiving the results of the examination, a subject to waive 6607
any rights or causes of action that may accrue against the 6608
examiner as a result of any use made of the results of the 6609
examination by the person who employed the examiner; 6610
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(ii) Requiring a subject to acknowledge that his 6611
examination is not done for purposes of employment when, in fact, 6612
the results of the examination are to be submitted to an employer 6613
or an agent of an employer; or 6614
(iii) Reporting the results of an examination to 6615
any person not authorized to receive the results of the 6616
examination except for the person who employed the examiner, 6617
unless authorized in writing by the subject. 6618
(2) In addition to the grounds specified in subsection (1) 6619
of this section, the board shall be authorized to suspend the 6620
license of any licensee for being out of compliance with an order 6621
for support, as defined in Section 93-11-153. The procedure for 6622
suspension of a license for being out of compliance with an order 6623
for support, and the procedure for the reissuance or reinstatement 6624
of a license suspended for that purpose, and the payment of any 6625
fees for the reissuance or reinstatement of a license suspended 6626
for that purpose, shall be governed by Section 93-11-157 or 6627
93-11-163, as the case may be. If there is any conflict between 6628
any provision of Section 93-11-157 or 93-11-163 and any provision 6629
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 6630
as the case may be, shall control. 6631
SECTION 71. Section 73-30-9, Mississippi Code of 1972, is 6632
amended as follows: 6633
73-30-9. (1) The board shall issue a license as a 6634
provisional licensed professional counselor, without regard to 6635
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applicability of.
race, religion, sex or national origin, to each applicant who 6636
furnishes satisfactory evidence of the following: 6637
(a) The applicant has completed an application on a 6638
form prescribed by the board accompanied by a nonrefundable 6639
application fee of Fifty Dollars ($50.00). 6640
(b) The applicant is at least twenty-one (21) years of 6641
age. 6642
* * * 6643
( * * *c) The applicant is a citizen of the United 6644
States, or has an immigration document to verify legal alien work 6645
status in the United States. The immigration document must be 6646
current and issued by the United States Immigration Bureau. 6647
( * * *d) The applicant is not in violation of any of 6648
the provisions of this article and the rules and regulations 6649
adopted hereunder. 6650
( * * *e) The applicant shall have a minimum acceptable 6651
graduate semester hour or acceptable quarter-hour master's degree 6652
as determined by the board primarily in counseling or a related 6653
counseling field from a regionally or nationally accredited 6654
college or university program in counselor education or a related 6655
counseling program subject to board approval. All applicants 6656
shall provide official transcripts of all graduate work. 6657
( * * *f) The applicant must pass the examination 6658
approved by the board, as set forth in Section 73-30-7(5). 6659
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( * * *g) A provisional license issued under this 6660
section shall require that the individual confine one's practice 6661
to a board-approved site and accrue counseling experience under 6662
the supervision of a board-qualified supervisor. 6663
( * * *h) The limited license shall be renewable for 6664
not more than four (4) years, with a nonrefundable license fee in 6665
the amount provided in Section 73-30-29. Licensees may appeal to 6666
the board for an extension of the renewal period. 6667
( * * *i) Each applicant for licensure shall apply to 6668
undergo a fingerprint-based criminal history records check of the 6669
Mississippi central criminal database and the Federal Bureau of 6670
Investigation criminal history database. Each applicant shall 6671
submit a full set of the applicant's fingerprints in a form and 6672
manner prescribed by the board, which shall be forwarded to the 6673
Mississippi Department of Public Safety and the Federal Bureau of 6674
Investigation Identification Division for this purpose. 6675
(2) The board shall issue a license or the privilege to 6676
practice as a licensed professional counselor, without regard to 6677
race, religion, sex or national origin, to each applicant who 6678
furnishes satisfactory evidence of the following: 6679
(a) The applicant has completed an application on a 6680
form prescribed by the board accompanied by a nonrefundable full 6681
application fee of Fifty Dollars ($50.00). 6682
(b) The applicant is at least twenty-one (21) years of 6683
age. 6684
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applicability of.
* * * 6685
( * * *c) The applicant is a citizen of the United 6686
States, or has an immigration document to verify legal alien work 6687
status in the United States. The immigration document must be 6688
current and issued by the United States Immigration Bureau. 6689
( * * *d) The applicant is not in violation of any of 6690
the provisions of this article and the rules and regulations 6691
adopted hereunder. 6692
( * * *e) The applicant shall have a minimum acceptable 6693
graduate semester hour or acceptable quarter-hour master's degree 6694
as determined by the board primarily in counseling or a related 6695
counseling field from a regionally or nationally accredited 6696
college or university program in counselor education or a related 6697
counseling program subject to board approval. All applicants 6698
shall provide official transcripts of all graduate work. 6699
( * * *f) The applicant for licensure must pass the 6700
examination approved by the board, as set forth in Section 6701
73-30-7(5). 6702
( * * *g) The applicant has had post graduate 6703
supervised experience in professional counseling acceptable to the 6704
board. Applicant shall submit verification of supervised 6705
experience. 6706
Each application or filing made under this section shall 6707
include the social security number(s) of the applicant in 6708
accordance with Section 93-11-64. 6709
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applicability of.
( * * *h) The board shall require each first-time 6710
applicant for licensure or the initial privilege to practice and 6711
may require applicants for license renewal to undergo a 6712
fingerprint-based criminal history records check of the 6713
Mississippi central criminal database and the Federal Bureau of 6714
Investigation criminal history database. Each applicant for 6715
licensure and each renewal applicant as required by the board 6716
shall apply to undergo a fingerprint-based criminal history 6717
records check of the Mississippi central criminal database and the 6718
Federal Bureau of Investigation criminal history database. Each 6719
applicant shall submit a full set of the applicant's fingerprints 6720
in a form and manner prescribed by the board, which shall be 6721
forwarded to the Mississippi Department of Public Safety and the 6722
Federal Bureau of Investigation Identification Division for this 6723
purpose. 6724
(3) The board shall administer the privilege to practice in 6725
accordance with the Professional Counseling Compact. 6726
SECTION 72. Section 73-30-21, Mississippi Code of 1972, is 6727
amended as follows: 6728
73-30-21. (1) The board may, after notice and opportunity 6729
for a hearing, suspend, revoke or refuse to issue or renew a 6730
license or the privilege to practice or may reprimand the license 6731
holder or holder of the privilege to practice, upon a 6732
determination by the board that such license holder or holder of 6733
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applicability of.
the privilege to practice or applicant for licensure or the 6734
privilege to practice has: 6735
(a) Been adjudged by any court to be mentally 6736
incompetent or have had a guardian of person appointed; 6737
(b) Been convicted of a * * * disqualifying crime as 6738
provided in the Fresh Start Act; 6739
(c) Sworn falsely under oath or affirmation; 6740
(d) Obtained a license or certificate or the privilege 6741
to practice by fraud, deceit or other misrepresentation; 6742
(e) Engaged in the conduct of professional counseling 6743
in a grossly negligent or incompetent manner; 6744
(f) Intentionally violated any provision of this 6745
article; 6746
(g) Violated any rules or regulations of the board; or 6747
(h) Aided or assisted another in falsely obtaining a 6748
license or the privilege to practice under this article. 6749
With regard to a refusal to issue a privilege to practice, 6750
such refusal by the board shall be in accordance with the terms of 6751
the Professional Counseling Compact instead of this subsection 6752
(1). 6753
(2) Appeals from disciplinary action are to be brought in 6754
the circuit court in the county of residence of the practitioner. 6755
In the event the practitioner resides out of state the appeal 6756
should be brought in Hinds County Circuit Court. 6757
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applicability of.
(3) The board may assess and levy upon any licensee, 6758
practitioner or applicant for licensure or the privilege to 6759
practice the costs incurred or expended by the board in the 6760
investigation and prosecution of any licensure, privilege to 6761
practice or disciplinary action, including, but not limited to, 6762
the costs of process service, court reporters, expert witnesses, 6763
investigators and attorney's fees. 6764
(4) No revoked license or privilege to practice may be 6765
reinstated within twelve (12) months after such revocation. 6766
Reinstatement thereafter shall be upon such conditions as the 6767
board may prescribe, which may include, without being limited to, 6768
successful passing of the examination required by this article. 6769
(5) A license or privilege to practice certificate issued by 6770
the board is the property of the board and must be surrendered on 6771
demand. 6772
(6) The chancery court is * * * vested with the jurisdiction 6773
and power to enjoin the unlawful practice of counseling and/or the 6774
false representation as a licensed counselor in a proceeding 6775
brought by the board or any members thereof or by any citizen of 6776
this state. 6777
(7) In addition to the reasons specified in subsection (1) 6778
of this section, the board shall be authorized to suspend the 6779
license of any licensee for being out of compliance with an order 6780
for support, as defined in Section 93-11-153. The procedure for 6781
suspension of a license for being out of compliance with an order 6782
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applicability of.
for support, and the procedure for the reissuance or reinstatement 6783
of a license suspended for that purpose, and the payment of any 6784
fees for the reissuance or reinstatement of a license suspended 6785
for that purpose, shall be governed by Section 93-11-157 or 6786
93-11-163, as the case may be. If there is any conflict between 6787
any provision of Section 93-11-157 or 93-11-163 and any provision 6788
of this article, the provisions of Section 93-11-157 or 93-11-163, 6789
as the case may be, shall control. 6790
SECTION 73. Section 73-31-13, Mississippi Code of 1972, is 6791
amended as follows: 6792
73-31-13. The board shall issue a license as a psychologist 6793
to each applicant who files an application upon a form and in the 6794
manner as the board prescribes, accompanied by the fee as is 6795
required by this article; and who furnishes evidence satisfactory 6796
to the board that he or she: 6797
(a) Is at least twenty-one (21) years of age; and 6798
(b) * * * Has not been convicted of a disqualifying 6799
crime as provided in the Fresh Start Act. The applicant must have 6800
successfully been cleared for licensure through an investigation 6801
that consists of * * * verification that the prospective licensee 6802
is not guilty of or in violation of any statutory ground for 6803
denial of licensure. * * * Applicants shall undergo a 6804
fingerprint-based criminal history records check of the 6805
Mississippi central criminal database and the Federal Bureau of 6806
Investigation criminal history database. Each applicant shall 6807
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applicability of.
submit a full set of the applicant's fingerprints in a form and 6808
manner prescribed by the board, which shall be forwarded to the 6809
Mississippi Department of Public Safety (department) and the 6810
Federal Bureau of Investigation Identification Division for this 6811
purpose; and 6812
(c) Is not in violation of any of the provisions of 6813
this article and the rules and regulations adopted under this 6814
article, and is not currently under investigation by another 6815
licensure board; and 6816
(d) Holds a doctoral degree in psychology from an 6817
institution of higher education that is: regionally accredited by 6818
an accrediting body recognized by the United States Department of 6819
Education, or authorized by Provincial statute or Royal Charter to 6820
grant doctoral degrees. From a program accredited by the American 6821
Psychological Association, or the Canadian Psychological 6822
Association, and from a program that requires at least one (1) 6823
year of continuous, full-time residence at the educational 6824
institution granting the doctoral degree. For graduates from 6825
newly established programs seeking accreditation or in areas where 6826
no accreditation exists, applicants for licensure shall have 6827
completed a doctoral program in psychology that meets recognized 6828
acceptable professional standards as determined by the board. For 6829
applicants graduating from doctoral level psychology training 6830
programs outside of the United States of America or Canada, 6831
applicants for licensure shall have completed a doctoral program 6832
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applicability of.
in psychology that meets recognized acceptable professional 6833
standards as determined by the board; and 6834
(e) Has completed a supervised internship from a 6835
program accredited by the American Psychological Association or 6836
the Canadian Psychological Association that meet the standards of 6837
training as defined by the board. The internship shall be 6838
comprised of at least one thousand eight hundred (1,800) hours of 6839
actual work, to include direct service, training and supervisory 6840
time; and 6841
(f) Demonstrates professional knowledge by passing 6842
written (as used in this paragraph, the term "written" means 6843
either paper and pencil or computer-administered or computerized 6844
testing) and oral examinations in psychology prescribed by the 6845
board; except that upon examination of credentials, the board may, 6846
by unanimous consent, consider these credentials adequate evidence 6847
of professional knowledge. 6848
Upon investigation of the application and other evidence 6849
submitted, the board shall, not less than thirty (30) days before 6850
the examination, notify each applicant that the application and 6851
evidence submitted is satisfactory and accepted or unsatisfactory 6852
and rejected; if rejected, the notice shall state the reasons for 6853
the rejection. 6854
The place of examination shall be designated in advance by 6855
the board, and the examination shall be given at such time and 6856
place and under such supervision as the board may determine. The 6857
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applicability of.
examination used by the board shall consist of written tests and 6858
oral tests, and shall fairly test the applicant's knowledge and 6859
application thereof in those areas deemed relevant by the 6860
board. All examinations serve the purpose of verifying that a 6861
candidate for licensure has acquired a basic core of knowledge in 6862
the discipline of psychology and can apply that knowledge to the 6863
problems confronted in the practice of psychology within the 6864
applicant's area of practice. 6865
The board shall evaluate the results from both the written 6866
and oral examinations. The passing scores for the written and 6867
oral examinations shall be established by the board in its rules 6868
and regulations. If an applicant fails to receive a passing score 6869
on the entire examination, he or she may reapply and shall be 6870
allowed to take a later examination. An applicant who has failed 6871
two (2) successive examinations by the board may not reapply until 6872
after two (2) years from the date of the last examination failed. 6873
The board shall keep the written examination scores, and an 6874
accurate transcript of the questions and answers relating to the 6875
oral examinations, and the grade assigned to each answer thereof, 6876
as part of its records for at least two (2) years after the date 6877
of examination. 6878
Persons licensed in another state or jurisdiction applying 6879
for the authority to practice interjurisdictional telepsychology 6880
must meet the requirements set out in the Psychology 6881
Interjurisdictional Compact provided for in Section 73-31-51. 6882
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applicability of.
Each application or filing made under this section shall 6883
include the social security number(s) of the applicant in 6884
accordance with Section 93-11-64. 6885
SECTION 74. Section 73-31-21, Mississippi Code of 1972, is 6886
amended as follows: 6887
73-31-21. (1) The board, by an affirmative vote of at least 6888
four (4) of its seven (7) members, shall withhold, deny, revoke or 6889
suspend any license issued or applied for in accordance with the 6890
provisions of this article, or otherwise discipline a licensed 6891
psychologist, upon proof that the applicant or licensed 6892
psychologist: 6893
(a) Has violated the current code of ethics of the 6894
American Psychological Association or other codes of ethical 6895
standards adopted by the board; or 6896
(b) Has been convicted of a * * * disqualifying crime 6897
as provided in the Fresh Start Act, the record of conviction being 6898
conclusive evidence thereof; or 6899
(c) Is using any substance or any alcoholic beverage to 6900
an extent or in a manner dangerous to any other person or the 6901
public, or to an extent that the use impairs his or her ability to 6902
perform the work of a professional psychologist with safety to the 6903
public; or 6904
(d) Has impersonated another person holding a 6905
psychologist license or allowed another person to use his or her 6906
license; or 6907
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applicability of.
(e) Has used fraud or deception in applying for a 6908
license or in taking an examination provided for in this article; 6909
or 6910
(f) Has accepted commissions or rebates or other forms 6911
of remuneration for referring clients to other professional 6912
persons; or 6913
(g) Has performed psychological services outside of the 6914
area of his or her training, experience or competence; or 6915
(h) Has allowed his or her name or license issued under 6916
this article to be used in connection with any person or persons 6917
who perform psychological services outside of the area of their 6918
training, experience or competence; or 6919
(i) Is legally adjudicated mentally incompetent, the 6920
record of that adjudication being conclusive evidence thereof; or 6921
(j) Has willfully or negligently violated any of the 6922
provisions of this article. The board may recover from any person 6923
disciplined under this article, the costs of investigation, 6924
prosecution, and adjudication of the disciplinary action. 6925
(2) Notice shall be effected by registered mail or personal 6926
service setting forth the particular reasons for the proposed 6927
action and fixing a date not less than thirty (30) days nor more 6928
than sixty (60) days from the date of the mailing or that service, 6929
at which time the applicant or licensee shall be given an 6930
opportunity for a prompt and fair hearing. For the purpose of the 6931
hearing, the board, acting by and through its executive secretary, 6932
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may subpoena persons and papers on its own behalf and on behalf of 6933
the applicant or licensee, may administer oaths and may take 6934
testimony. That testimony, when properly transcribed, together 6935
with the papers and exhibits, shall be admissible in evidence for 6936
or against the applicant or licensee. At the hearing, the 6937
applicant or licensee may appear by counsel and personally in his 6938
or her own behalf. Any person sworn and examined by a witness in 6939
the hearing shall not be held to answer criminally, nor shall any 6940
papers or documents produced by the witness be competent evidence 6941
in any criminal proceedings against the witness other than for 6942
perjury in delivering his or her evidence. On the basis of any 6943
such hearing, or upon default of applicant or licensee, the board 6944
shall make a determination specifying its findings of fact and 6945
conclusions of law. A copy of that determination shall be sent by 6946
registered mail or served personally upon the applicant or 6947
licensee. The decision of the board denying, revoking or 6948
suspending the license shall become final thirty (30) days after 6949
so mailed or served, unless within that period the applicant or 6950
licensee appeals the decision to the chancery court, under the 6951
provisions hereof, and the proceedings in chancery shall be 6952
conducted as other matters coming before the court. All 6953
proceedings and evidence, together with exhibits, presented at the 6954
hearing before the board shall be admissible in evidence in court 6955
in the appeal. 6956
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(3) The board may subpoena persons and papers on its own 6957
behalf and on behalf of the respondent, may administer oaths and 6958
may compel the testimony of witnesses. It may issue commissions 6959
to take testimony, and testimony so taken and sworn to shall be 6960
admissible in evidence for and against the respondent. The board 6961
shall be entitled to the assistance of the chancery court or the 6962
chancellor in vacation, which, on petition by the board, shall 6963
issue ancillary subpoenas and petitions and may punish as for 6964
contempt of court in the event of noncompliance therewith. 6965
(4) Every order and judgment of the board shall take effect 6966
immediately on its promulgation unless the board in the order or 6967
judgment fixes a probationary period for the applicant or 6968
licensee. The order and judgment shall continue in effect unless 6969
upon appeal the court by proper order or decree terminates it 6970
earlier. The board may make public its order and judgments in 6971
any manner and form as it deems proper. It shall, in event of the 6972
suspension or revocation of a license, direct the clerk of the 6973
circuit court of the county in which that license was recorded to 6974
cancel that record. 6975
(5) Nothing in this section shall be construed as limiting 6976
or revoking the authority of any court or of any licensing or 6977
registering officer or board, other than the Mississippi Board of 6978
Psychology, to suspend, revoke and reinstate licenses and to 6979
cancel registrations under the provisions of Section 41-29-311. 6980
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(6) Suspension by the board of the license of a psychologist 6981
shall be for a period not exceeding one (1) year. At the end of 6982
this period the board shall reevaluate the suspension, and shall 6983
either reinstate or revoke the license. A person whose license 6984
has been revoked under the provisions of this section may reapply 6985
for a license after more than two (2) years have elapsed from the 6986
date that the denial or revocation is legally effective. 6987
(7) In addition to the reasons specified in subsection (1) 6988
of this section, the board shall be authorized to suspend the 6989
license of any licensee for being out of compliance with an order 6990
for support, as defined in Section 93-11-153. The procedure for 6991
suspension of a license for being out of compliance with an order 6992
for support, and the procedure for the reissuance or reinstatement 6993
of a license suspended for that purpose, and the payment of any 6994
fees for the reissuance or reinstatement of a license suspended 6995
for that purpose, shall be governed by Section 93-11-157. Actions 6996
taken by the board in suspending a license when required by 6997
Section 93-11-157 or 93-11-163 are not actions from which an 6998
appeal may be taken under this section. Any appeal of a license 6999
suspension that is required by Section 93-11-157 or 93-11-163 7000
shall be taken in accordance with the appeal procedure specified 7001
in Section 93-11-157 or 93-11-163, as the case may be, rather than 7002
the procedure specified in this section. If there is any conflict 7003
between any provision of Section 93-11-157 or 93-11-163 and any 7004
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provision of this article, the provisions of Section 93-11-157 or 7005
93-11-163, as the case may be, shall control. 7006
(8) The board may issue a nondisciplinary, educational 7007
letter to licensees as provided in Section 73-31-7(2)(g). The 7008
board may also direct a psychologist to obtain a formal assessment 7009
of ability to practice safely if there is reason to believe there 7010
may be impairment due to substance abuse or mental incapacity. 7011
Licensees who may be impaired, but who are able to practice 7012
safely, may be required by the board to seek appropriate treatment 7013
and/or supervision. That action by the board in itself will not 7014
be considered disciplinary. 7015
(9) The board may discipline any person who has been granted 7016
the authority to practice interjurisdictional telepsychology or 7017
the temporary authorization to practice under the Psychology 7018
Interjurisdictional Compact provided for under Section 73-31-51, 7019
for any of the grounds specified in subsection (1) of this section 7020
in the same manner as the board disciplines a licensed 7021
psychologist under this section. 7022
SECTION 75. Section 73-33-1, Mississippi Code of 1972, is 7023
amended as follows: 7024
73-33-1. (1) Any person residing or having a place for the 7025
regular transaction of business in the State of Mississippi * * *, 7026
and who * * * has received from the State Board of Public 7027
Accountancy a license certifying his qualifications as a certified 7028
public accountant as hereinafter provided, shall be styled or 7029
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known as a certified public accountant, and it shall be unlawful 7030
for any other person or persons to assume such title or use any 7031
letters, abbreviations or words to indicate that such person using 7032
same is a certified public accountant, unless such person 7033
qualifies for a practice privilege under Section 73-33-17, or at 7034
the discretion of the board, such person has been granted use of 7035
the title of "certified public accountant retired" by the 7036
Mississippi State Board of Public Accountancy or has received a 7037
reciprocal certified public accountant license from the State 7038
Board of Public Accountancy. 7039
(2) A certified public accountant practicing public 7040
accounting under a Mississippi license must be associated and 7041
registered with a certified public accountant firm. 7042
(3) The State Board of Public Accountancy shall grant and 7043
renew permits to practice as a CPA firm to applicants that 7044
demonstrate their qualifications in accordance with this section. 7045
(a) The following shall hold a permit issued under this 7046
section: any firm with an office in this state that practices 7047
public accountancy or that uses the title "CPA" or "CPA firm," and 7048
any firm that does not have an office in this state but performs 7049
the services described in Section 73-33-17(4) for a client having 7050
its home office in this state. 7051
(b) A firm that does not have an office in this state 7052
may perform a review of a financial statement to be performed in 7053
accordance with Statements on Standards for Accounting and Review 7054
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Services, or a compilation as defined in Section 73-33-2(d), for a 7055
client having its home office in this state and may use the title 7056
"CPA" and "CPA firm" without a permit issued under this section 7057
only if such firm has the qualifications described in subsection 7058
(4), complies with the peer review requirements set forth by board 7059
rule, and performs such services through an individual with 7060
practice privileges under Section 73-33-17. 7061
(c) A firm that is not subject to the requirements of 7062
paragraph (a) or (b) of this subsection may perform other 7063
professional services within the practice of public accountancy 7064
while using the title "CPA" and "CPA firm" in this state without a 7065
permit issued under this section only if such firm performs such 7066
services through an individual with practice privileges under 7067
Section 73-33-17 and such firm can lawfully do so in the state 7068
where the individuals with practice privileges have their 7069
principal place of business. 7070
(4) In order to obtain and maintain a firm permit, a 7071
certified public accountant firm shall be required to show the 7072
following: 7073
(a) It is wholly owned by natural persons and not owned 7074
in whole or in part by business entities; and 7075
(b) A simple majority of the ownership of the firm in 7076
terms of financial interests and/or voting rights hold certified 7077
public accountant licenses in any state; however, the individuals 7078
whose principal place of business is in Mississippi and who 7079
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perform professional services in this state shall hold a 7080
Mississippi certified public accountant license, and that 7081
individuals who qualify for practice privileges under Section 7082
73-33-17 who perform services for which a firm permit is required 7083
under Section 73-33-17(4) shall not be required to obtain a 7084
certificate pursuant to Section 73-33-3 or 73-33-9. 7085
(5) Any certified public accountant firm may include 7086
nonlicensee owners, provided that: 7087
(a) The firm designates a licensee of this state who is 7088
responsible for the proper registration of the firm and identifies 7089
that individual to the board; or in the case of a firm without a 7090
Mississippi office which must have a permit pursuant to subsection 7091
(3)(a), the firm designates a licensee of another state who meets 7092
the requirements provided in Section 73-33-17; 7093
(b) All nonlicensee owners are active individual 7094
participants in the certified public accountant firm or affiliated 7095
entities; and 7096
(c) The firm complies with such other requirements as 7097
the board may impose by rule. 7098
(6) Unless exempt from the firm permit requirement under 7099
Section 73-33-1(3), no person or persons shall engage in the 7100
practice of public accounting as defined herein as a partnership, 7101
joint venture or professional corporation, sole proprietor, or 7102
other business organization allowed by law, unless and until each 7103
business organization or office thereof located inside the State 7104
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of Mississippi has registered with and been issued a firm permit 7105
by the State Board of Public Accountancy. 7106
SECTION 76. Section 73-34-14, Mississippi Code of 1972, is 7107
amended as follows: 7108
73-34-14. (1) (a) To qualify for a Mississippi real estate 7109
appraiser license, an applicant must have successfully been 7110
cleared for licensure through an investigation that shall consist 7111
of a determination that the applicant does not possess a 7112
background which calls into question public trust, as set forth 7113
below in subsection (2), and verification that the prospective 7114
licensee is not guilty of or in violation of any statutory ground 7115
for denial of licensure as set forth in Section 73-34-35. 7116
(b) To assist the board in conducting its licensure 7117
investigation, on and after January 1, 2015, all applicants for a 7118
real estate appraiser license as a licensed real estate appraiser 7119
(license), licensed certified residential real estate appraiser 7120
(certification), or a licensed certified general real estate 7121
appraiser (certification), and all applicants for renewal of any 7122
real estate appraiser license or certification shall undergo a 7123
fingerprint-based criminal history records check of the 7124
Mississippi central criminal database and the Federal Bureau of 7125
Investigation criminal history database. Each applicant shall 7126
submit a full set of the applicant's fingerprints in a form and 7127
manner prescribed by the board, which shall be forwarded to the 7128
Mississippi Department of Public Safety (department) and the 7129
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Federal Bureau of Investigation Identification Division for this 7130
purpose. 7131
(c) Any and all state or national criminal history 7132
records information obtained by the board that is not already a 7133
matter of public record shall be deemed nonpublic and confidential 7134
information restricted to the exclusive use of the board, its 7135
members, officers, investigators, agents and attorneys in 7136
evaluating the applicant's eligibility or disqualification for 7137
licensure, and shall be exempt from the Mississippi Public Records 7138
Act of 1983. Except when introduced into evidence in a hearing 7139
before the board to determine licensure, no such information or 7140
records related thereto shall, except with the written consent of 7141
the applicant or by order of a court of competent jurisdiction, be 7142
released or otherwise disclosed by the board to any other person 7143
or agency. 7144
(d) The board shall provide to the department the 7145
fingerprints of the applicant, any additional information that may 7146
be required by the department, and a form signed by the applicant 7147
consenting to the check of the criminal records and to the use of 7148
the fingerprints and other identifying information required by the 7149
state or national repositories. 7150
(e) The board shall charge and collect from the 7151
applicant, in addition to all other applicable fees and costs, 7152
such amount as may be incurred by the board in requesting and 7153
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applicability of.
obtaining state and national criminal history records information 7154
on the applicant. 7155
(2) (a) The board must ensure that applicants for a real 7156
estate appraiser license or certification do not possess a 7157
background that could call into question public trust. An 7158
applicant found by the board to possess a background which calls 7159
into question the applicant's ability to maintain public trust 7160
shall not be issued a real estate appraiser license or 7161
certification. 7162
(b) The board shall not issue a real estate appraiser 7163
license or certification if: 7164
(i) The applicant has had an appraiser license or 7165
certification revoked in any governmental jurisdiction within the 7166
five (5) year period immediately preceding the date of the 7167
application; 7168
(ii) The applicant has been convicted of, or pled 7169
guilty or nolo contendere to, a * * * disqualifying crime as 7170
provided in the Fresh Start Act: 7171
1. During the five-year period immediately 7172
preceding the date of the application for licensing or 7173
certification; or 7174
2. At any time preceding the date of the 7175
application, if such felony involved an act of fraud, dishonesty, 7176
or a breach of trust, or money laundering. 7177
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(iii) The applicant has failed to 7178
demonstrate * * * that the appraiser will operate honestly, fairly 7179
and efficiently within the purpose of these criteria. 7180
(c) The board shall evaluate and consider, by rules and 7181
regulations, additional background issues, including, but not 7182
limited to, those required by the Appraiser Qualifications Board 7183
of the Appraisal Foundation in compliance with federal 7184
requirements, prior to issuing (or taking disciplinary action 7185
against) a real estate appraiser. 7186
(d) The board shall adopt rules and regulations 7187
necessary to implement, administer and enforce the provisions of 7188
this section. 7189
SECTION 77. Section 73-34-109, Mississippi Code of 1972, is 7190
amended as follows: 7191
73-34-109. (1) An appraisal management company applying for 7192
registration in this state shall not: 7193
(a) Be owned, in whole or in part, directly or 7194
indirectly, by any person who has had an appraiser license or 7195
certificate in this state or in any other state, refused, denied, 7196
cancelled, surrendered in lieu of revocation, or revoked; or 7197
(b) Be owned by more than ten percent (10%) by a person 7198
who * * * has been convicted of a disqualifying crime as provided 7199
in the Fresh Start Act. 7200
(2) (a) For purposes of subsection (1)(b) to qualify for 7201
initial registration and every third annual renewed registration 7202
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thereafter as an appraisal management company, each individual 7203
owner of more than ten percent (10%) of an appraisal management 7204
company must have successfully been cleared for registration 7205
through an investigation that shall consist of a * * * 7206
verification that the owner is not guilty of or in violation of 7207
any statutory ground for denial of registration as set forth in 7208
this chapter. If no individual owns more than ten percent (10%) 7209
of the appraisal management company, then an investigation of an 7210
owner is not required, but in such instances, the controlling 7211
person designated by the appraisal management company shall be 7212
subject to the requirements of this subsection. If following the 7213
initial registration, any individual becomes either an owner of 7214
more than ten percent (10%) of the appraisal management company or 7215
the designated controlling person of the appraisal management 7216
company, then each such person shall be subject to the 7217
requirements of this subsection at the appraisal management 7218
company's next annual renewal. To assist the board in conducting 7219
its registration investigation, each individual owner of more than 7220
ten percent (10%) of an appraisal management company shall undergo 7221
a fingerprint-based criminal history records check of the 7222
Mississippi central criminal database and the Federal Bureau of 7223
Investigation criminal history database. Each applicant shall 7224
submit a full set of the applicant's fingerprints, in a form and 7225
manner prescribed by the board, which shall be forwarded to the 7226
Mississippi Department of Public Safety (department) and the 7227
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applicability of.
Federal Bureau of Investigation Identification Division for this 7228
purpose. 7229
(b) Any state or national criminal history records 7230
information obtained by the board that is not already a matter of 7231
public record shall be deemed nonpublic and confidential 7232
information restricted to the exclusive use of the board, its 7233
members, officers, investigators, agents and attorneys in 7234
evaluating the applicant's eligibility or disqualification for 7235
registration, and shall be exempt from the Mississippi Public 7236
Records Act, Section 25-61-1 et seq. Except upon written consent 7237
of the applicant, or by order of a court of competent 7238
jurisdiction, or when introduced into evidence in a hearing before 7239
the board to determine registration, no such information or 7240
records related thereto shall be released or otherwise disclosed 7241
by the board to any other person or agency. 7242
(c) The board shall provide to the department the 7243
fingerprints of the applicant, any additional information that may 7244
be required by the department, a form signed by the applicant 7245
consenting to the check of the criminal records and to the use of 7246
the fingerprints and other identifying information required by the 7247
state or national repositories. 7248
(d) The board shall charge and collect from the 7249
applicant, in addition to all other applicable fees and costs, 7250
such amount as may be incurred by the board in requesting and 7251
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applicability of.
obtaining state and national criminal history records information 7252
on the applicant. 7253
SECTION 78. Section 73-35-10, Mississippi Code of 1972, is 7254
amended as follows: 7255
73-35-10. (1) (a) To qualify for a Mississippi real estate 7256
broker's license or a Mississippi resident license as a real 7257
estate salesperson, or a nonresident's license in Mississippi, an 7258
applicant must have successfully been cleared for licensure 7259
through an investigation that shall consist of a determination 7260
that the applicant does not possess a background which calls into 7261
question public trust, as set forth below in subsection (2), and 7262
verification that the prospective licensee is not guilty of or in 7263
violation of any statutory ground for denial of licensure as set 7264
forth in Section 73-35-21. 7265
(b) To assist the commission in conducting its 7266
licensure investigation, from and after July 1, 2016, all 7267
applicants for a Mississippi real estate broker's license, or a 7268
Mississippi resident license as a real estate salesperson, or a 7269
nonresident's license in Mississippi, and all applicants for 7270
renewal of any real estate license shall undergo a 7271
fingerprint-based criminal history records check of the 7272
Mississippi central criminal database and the Federal Bureau of 7273
Investigation criminal history database. Each applicant shall 7274
submit a full set of the applicant's fingerprints in a form and 7275
manner prescribed by the commission, which shall be forwarded to 7276
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the Mississippi Department of Public Safety (department) and the 7277
Federal Bureau of Investigation Identification Division for this 7278
purpose. 7279
(c) Any and all state or national criminal history 7280
records information obtained by the commission that is not already 7281
a matter of public record shall be deemed nonpublic and 7282
confidential information restricted to the exclusive use of the 7283
commission, its members, officers, investigators, agents and 7284
attorneys in evaluating the applicant's eligibility or 7285
disqualification for licensure, and shall be exempt from the 7286
Mississippi Public Records Act of 1983. Except when introduced 7287
into evidence in a hearing before the commission to determine 7288
licensure, no such information or records related thereto shall, 7289
except with the written consent of the applicant or by order of a 7290
court of competent jurisdiction, be released or otherwise 7291
disclosed by the commission to any other person or agency. 7292
(d) The commission shall provide to the department the 7293
fingerprints of the applicant, any additional information that may 7294
be required by the department, and a form signed by the applicant 7295
consenting to the check of the criminal records and to the use of 7296
the fingerprints and other identifying information required by the 7297
state or national repositories. 7298
(e) The commission shall charge and collect from the 7299
applicant, in addition to all other applicable fees and costs, 7300
such amount as may be incurred by the commission in requesting and 7301
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applicability of.
obtaining state and national criminal history records information 7302
on the applicant. 7303
(2) (a) The commission must ensure that applicants for real 7304
estate licenses do not possess a background that could call into 7305
question public trust. An applicant found by the commission to 7306
possess a background which calls into question the applicant's 7307
ability to maintain public trust shall not be issued a real estate 7308
license. 7309
(b) The commission shall not issue a real estate 7310
license if: 7311
(i) The applicant has had a real estate license 7312
revoked in any governmental jurisdiction within the five-year 7313
period immediately preceding the date of the application; 7314
(ii) The applicant has been convicted of, or pled 7315
guilty or nolo contendere to, a * * * disqualifying crime as 7316
provided in the Fresh Start Act in a domestic or foreign court: 7317
1. During the five-year period immediately 7318
preceding the date of the application for licensing; or 7319
2. At any time preceding the date of the 7320
application, if such felony involved an act of fraud, dishonesty 7321
or a breach of trust, or money laundering. 7322
(c) The commission shall adopt rules and regulations 7323
necessary to implement, administer and enforce the provisions of 7324
this section. 7325
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(d) The requirement of a criminal background check 7326
provided in this section shall not apply to persons who have held 7327
a broker's or salesperson's license in this state for at least 7328
twenty-five (25) years and who are older than seventy (70) years 7329
of age. 7330
(3) The commission shall provide prior written notification 7331
to any licensee whose license, once issued, is subject to be 7332
amended, suspended, revoked or not renewed. Said notice shall be 7333
delivered to the licensee whose license shall be affected and, if 7334
applicable, to their responsible broker, not less than five (5) 7335
business days prior to the effective date of the change. For 7336
purposes of this subsection, written notice shall be delivered to 7337
the email address for the licensee and broker on file with the 7338
commission. 7339
SECTION 79. Section 73-35-21, Mississippi Code of 1972, is 7340
amended as follows: 7341
73-35-21. (1) Except as otherwise provided in this section, 7342
the commission may, upon its own motion and shall upon the 7343
verified complaint in writing of any person, hold a hearing 7344
pursuant to Section 73-35-23 for the refusal of license or for the 7345
suspension or revocation of a license previously issued, or for 7346
such other action as the commission deems appropriate. The 7347
commission shall have full power to refuse a license for cause or 7348
to revoke or suspend a license where it has been obtained by false 7349
or fraudulent representation, or where the licensee in performing 7350
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or attempting to perform any of the acts mentioned herein, is 7351
deemed to be guilty of: 7352
(a) Making any substantial misrepresentation in 7353
connection with a real estate transaction; 7354
(b) Making any false promises of a character likely to 7355
influence, persuade or induce; 7356
(c) Pursuing a continued and flagrant course of 7357
misrepresentation or making false promises through agents or 7358
salespersons or any medium of advertising or otherwise; 7359
(d) Any misleading or untruthful advertising; 7360
(e) Acting for more than one (1) party in a transaction 7361
or receiving compensation from more than one (1) party in a 7362
transaction, or both, without the knowledge of all parties for 7363
whom he or she acts; 7364
(f) Failing, within a reasonable time, to account for 7365
or to remit any monies coming into his or her possession which 7366
belong to others, or commingling of monies belonging to others 7367
with his own funds. Every responsible broker procuring the 7368
execution of an earnest money contract or option or other contract 7369
who shall take or receive any cash or checks shall deposit, within 7370
a reasonable period of time, the sum or sums so received in a 7371
trust or escrow account in a bank or trust company pending the 7372
consummation or termination of the transaction. "Reasonable time" 7373
in this context means by the close of business of the next banking 7374
day; 7375
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(g) Entering a guilty plea or conviction in a court of 7376
competent jurisdiction of this state, or any other state or the 7377
United States of any * * * disqualifying crime as provided in the 7378
Fresh Start Act; 7379
(h) Displaying a "for sale" or "for rent" sign on any 7380
property without the owner's consent; 7381
(i) Failing to furnish voluntarily, at the time of 7382
signing, copies of all listings, contracts and agreements to all 7383
parties executing the same; 7384
(j) Paying any rebate, profit or commission to any 7385
person other than a real estate broker or salesperson licensed 7386
under the provisions of this chapter; 7387
(k) Inducing any party to a contract, sale or lease to 7388
break such contract for the purpose of substituting in lieu 7389
thereof a new contract, where such substitution is motivated by 7390
the personal gain of the licensee; 7391
(l) Accepting a commission or valuable consideration as 7392
a real estate salesperson for the performance of any of the acts 7393
specified in this chapter from any person, except his or her 7394
employer who must be a licensed real estate broker; 7395
(m) Failing to successfully pass the commission's 7396
background investigation for licensure or renewal as provided in 7397
Section 73-35-10; or 7398
(n) Any act or conduct, whether of the same or a 7399
different character than hereinabove specified, which constitutes 7400
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or demonstrates bad faith, incompetency or untrustworthiness, or 7401
dishonest, fraudulent or improper dealing. However, simple 7402
contact and/or communication with any mortgage broker or lender by 7403
a real estate licensee about any professional, including, but not 7404
limited to, an appraiser, home inspector, contractor, and/or 7405
attorney regarding a listing and/or a prospective or pending 7406
contract for the lease, sale and/or purchase of real estate shall 7407
not constitute conduct in violation of this section. 7408
(2) No real estate broker shall practice law or give legal 7409
advice directly or indirectly unless said broker be a duly 7410
licensed attorney under the laws of this state. He or she shall 7411
not act as a public conveyancer nor give advice or opinions as to 7412
the legal effect of instruments nor give opinions concerning the 7413
validity of title to real estate; nor shall he or she prevent or 7414
discourage any party to a real estate transaction from employing 7415
the services of an attorney; nor shall a broker undertake to 7416
prepare documents fixing and defining the legal rights of parties 7417
to a transaction. However, when acting as a broker, he or she may 7418
use an earnest money contract form. A real estate broker shall 7419
not participate in attorney's fees, unless the broker is a duly 7420
licensed attorney under the laws of this state and performs legal 7421
services in addition to brokerage services. 7422
(3) It * * * is not the intent and purpose of the 7423
Mississippi Legislature to prevent a license from being issued to 7424
any person who is * * * able to give bond, and who has lived in 7425
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the State of Mississippi for the required period or is otherwise 7426
qualified under this chapter. 7427
(4) In addition to the reasons specified in subsection (1) 7428
of this section, the commission shall be authorized to suspend the 7429
license of any licensee for being out of compliance with an order 7430
for support, as defined in Section 93-11-153. The procedure for 7431
suspension of a license for being out of compliance with an order 7432
for support, and the procedure for the reissuance or reinstatement 7433
of a license suspended for that purpose, and the payment of any 7434
fees for the reissuance or reinstatement of a license suspended 7435
for that purpose, shall be governed by Section 93-11-157 or 7436
93-11-163, as the case may be. If there is any conflict between 7437
any provision of Section 93-11-157 or 93-11-163 and any provision 7438
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 7439
as the case may be, shall control. 7440
(5) Nothing in this chapter shall prevent an associate 7441
broker or salesperson from owning any lawfully constituted 7442
business organization, including, but not limited to, a 7443
corporation, limited liability company or limited liability 7444
partnership, for the purpose of receiving payments contemplated in 7445
this chapter. The business organization shall not be required to 7446
be licensed under this chapter and shall not engage in any other 7447
activity requiring a real estate license. 7448
(6) The Mississippi Real Estate Commission shall not 7449
promulgate any rule or regulation, nor make any administrative or 7450
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other interpretation, whereby any real estate licensee may be held 7451
responsible or subject to discipline or other actions by the 7452
commission relating to the information required to be disclosed by 7453
Sections 89-1-501 through 89-1-523 or delivery of information 7454
required to be disclosed by Sections 89-1-501 through 89-1-523. 7455
(7) The Mississippi Real Estate Commission shall not 7456
promulgate nor enforce any rule or regulation, nor make any 7457
administrative or other interpretation, whereby any real estate 7458
licensee may be required to include in any agreement or otherwise 7459
be required to agree to any requirement regarding unilateral 7460
termination by a buyer-agency agreement. 7461
SECTION 80. Section 73-38-9, Mississippi Code of 1972, is 7462
amended as follows: 7463
73-38-9. (1) To be eligible for licensure by the board as a 7464
speech-language pathologist or audiologist and to be eligible for 7465
registration as a speech-language pathology aide or audiology 7466
aide, a person shall: 7467
* * * 7468
( * * *a) ( * * *i) For speech-language pathologists 7469
or audiologists, possess at least a master's degree or its 7470
equivalent in the area of speech-language pathology or audiology, 7471
as the case may be, from an educational institution recognized by 7472
the board; 7473
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( * * *ii) For speech-language pathology aide or 7474
audiology aide, the board shall set minimum educational standards 7475
which shall be less than a bachelor's degree; 7476
( * * *b) For speech-language pathologists and 7477
audiologists, submit evidence of the completion of the 7478
educational, clinical experience and employment requirements, 7479
which requirements shall be based on appropriate national 7480
standards and prescribed by the rules and regulations adopted 7481
pursuant to this article; 7482
( * * *c) For speech-language pathologists and 7483
audiologists licensure applicants, pass an examination approved by 7484
the board. This examination may be taken either before or after 7485
the completion of the employment requirement specified pursuant to 7486
paragraph (c) of this subsection; 7487
( * * *d) For speech-language pathology aides and 7488
audiology aides, no examination shall be required. 7489
(2) To be eligible for the privilege to practice, applicants 7490
must meet the requirements set out in the Audiology and 7491
Speech-Language Pathology Interstate Compact. 7492
SECTION 81. Section 73-38-27, Mississippi Code of 1972, is 7493
amended as follows: 7494
73-38-27. (1) With regard to a refusal to issue a privilege 7495
to practice, such refusal by the board shall be in accordance with 7496
terms of the Audiology and Speech-Language Pathology Interstate 7497
Compact. The board may refuse to issue or renew a license, or may 7498
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suspend or revoke a license where the licensee or applicant for a 7499
license has been guilty of unprofessional conduct which has 7500
endangered or is likely to endanger the health, welfare or safety 7501
of the public. Such unprofessional conduct may result from: 7502
(a) Negligence in the practice or performance of 7503
professional services or activities; 7504
(b) Engaging in dishonorable, unethical or 7505
unprofessional conduct of a character likely to deceive, defraud 7506
or harm the public in the course of professional services or 7507
activities; 7508
(c) Perpetrating or cooperating in fraud or material 7509
deception in obtaining or renewing a license or attempting the 7510
same; 7511
(d) Being convicted of * * * a crime * * * if 7512
misstatement, fraud or dishonesty is an essential element of the 7513
crime; 7514
(e) Being convicted of any crime which is a * * * 7515
disqualifying crime as provided in the Fresh Start Act; 7516
(f) Engaging in or permitting the performance of 7517
unacceptable services personally or by others working under the 7518
licensee's supervision due to the licensee's deliberate or 7519
negligent act or acts or failure to act, regardless of whether 7520
actual damage or damages to the public is established; 7521
(g) Continued practice although the licensee has become 7522
unfit to practice as a speech-language pathologist or audiologist 7523
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due to: (i) failure to keep abreast of current professional 7524
theory or practice; or (ii) physical or mental disability; the 7525
entry of an order or judgment by a court of competent jurisdiction 7526
that a licensee is in need of mental treatment or is incompetent 7527
shall constitute mental disability; or (iii) addiction or severe 7528
dependency upon alcohol or other drugs which may endanger the 7529
public by impairing the licensee's ability to practice; 7530
(h) Having disciplinary action taken against the 7531
licensee's license in another state; 7532
(i) Making differential, detrimental treatment against 7533
any person because of race, color, creed, sex, religion or 7534
national origin; 7535
(j) Engaging in lewd conduct in connection with 7536
professional services or activities; 7537
(k) Engaging in false or misleading advertising; 7538
(l) Contracting, assisting or permitting unlicensed 7539
persons to perform services for which a license is required under 7540
this article; 7541
(m) Violation of any probation requirements placed on a 7542
license by the board; 7543
(n) Revealing confidential information except as may be 7544
required by law; 7545
(o) Failing to inform clients of the fact that the 7546
client no longer needs the services or professional assistance of 7547
the licensee; 7548
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(p) Charging excessive or unreasonable fees or engaging 7549
in unreasonable collection practices; 7550
(q) For treating or attempting to treat ailments or 7551
other health conditions of human beings other than by speech or 7552
audiology therapy as authorized by this article; 7553
(r) For applying or offering to apply speech or 7554
audiology therapy, exclusive of initial evaluation or screening 7555
and exclusive of education or consultation for the prevention of 7556
physical and mental disability within the scope of speech or 7557
audiology therapy, or for acting as a speech-language pathologist 7558
or audiologist, or speech-language pathologist or audiologist aide 7559
other than under the direct, on-site supervision of a licensed 7560
speech-language pathologist or audiologist; 7561
(s) Violations of the current codes of conduct for 7562
speech-language pathologists or audiologists, and speech-language 7563
pathologist or audiologist assistants adopted by the American 7564
Speech-Language-Hearing Association; 7565
(t) Violations of any rules or regulations promulgated 7566
pursuant to this article. 7567
(2) The board may order a licensee to submit to a reasonable 7568
physical or mental examination if the licensee's physical or 7569
mental capacity to practice safely is at issue in a disciplinary 7570
proceeding. 7571
(3) In addition to the reasons specified in subsection (1) 7572
of this section, the board shall be authorized to suspend the 7573
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license of any licensee for being out of compliance with an order 7574
for support, as defined in Section 93-11-153. The procedure for 7575
suspension of a license for being out of compliance with an order 7576
for support, and the procedure for the reissuance or reinstatement 7577
of a license suspended for that purpose, and the payment of any 7578
fees for the reissuance or reinstatement of a license suspended 7579
for that purpose, shall be governed by Section 93-11-157 or 7580
93-11-163, as the case may be. If there is any conflict between 7581
any provision of Section 93-11-157 or 93-11-163 and any provision 7582
of this article, the provisions of Section 93-11-157 or 93-11-163, 7583
as the case may be, shall control. 7584
SECTION 82. Section 73-39-67, Mississippi Code of 1972, is 7585
amended as follows: 7586
73-39-67. (1) To obtain a license to practice veterinary 7587
medicine, a person shall file a written application and 7588
application fee with the board. The application shall show that 7589
the applicant is a graduate of an accredited college of veterinary 7590
medicine or has the educational equivalence as set by the board. 7591
The application shall also show * * * any other information and 7592
proof as the board may require. 7593
(2) If the board determines that the applicant possesses the 7594
proper qualifications, it shall admit the applicant to the next 7595
examination, or if the applicant is eligible for license by 7596
endorsement, the board may grant him a license. If an applicant 7597
is found not qualified to take the examination or for a license by 7598
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endorsement, the board shall notify the applicant in writing 7599
within thirty (30) days of its finding and the grounds for its 7600
findings. An applicant found unqualified may request a hearing 7601
before the board. 7602
(3) The board may grant a temporary license to an applicant 7603
to practice veterinary medicine until the scheduled state board 7604
examination, if the applicant pays the application fee, provides 7605
sufficient evidence that he meets the qualifications for 7606
licensure, and provides evidence that he resides in the State of 7607
Mississippi. The board may grant a second temporary permit, but 7608
the board may not grant more than two (2) temporary permits to any 7609
one (1) person. 7610
(4) A person licensed by the board shall display the license 7611
in the facility in which the licensee practices. 7612
SECTION 83. Section 73-39-71, Mississippi Code of 1972, is 7613
amended as follows: 7614
73-39-71. (1) The board may issue a license by endorsement 7615
to an applicant who furnishes satisfactory proof that he is a 7616
graduate of an accredited college of veterinary medicine or the 7617
educational equivalence. The applicant must also show that 7618
he * * * is licensed to practice veterinary medicine in at least 7619
one (1) state, territory or district of the United States and has 7620
practiced veterinary medicine in one or more of those states 7621
without disciplinary action by any state or federal agency for at 7622
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least the three (3) years immediately before filing the 7623
application. 7624
(2) The board may examine any person qualifying for 7625
licensing under this section. 7626
(3) The issuance of a license by endorsement to a 7627
military-trained applicant, military spouse or person who 7628
establishes residence in this state shall be subject to the 7629
provisions of Section 73-50-1 or 73-50-2, as applicable. 7630
SECTION 84. Section 73-39-77, Mississippi Code of 1972, is 7631
amended as follows: 7632
73-39-77. (1) Upon a written complaint sworn to by any 7633
person, the board, in its sole discretion, may, after a hearing, 7634
revoke, suspend or limit for a certain time a license, impose an 7635
administrative fine not to exceed One Thousand Dollars ($1,000.00) 7636
for each separate offense, or otherwise discipline any licensed 7637
veterinarian for any of the following reasons: 7638
(a) The employment of fraud, misrepresentation or 7639
deception in obtaining a license. 7640
(b) The inability to practice veterinary medicine with 7641
reasonable skill and safety because of a physical or mental 7642
disability, including deterioration of mental capacity, loss of 7643
motor skills or abuse of drugs or alcohol of sufficient degree to 7644
diminish the person's ability to deliver competent patient care. 7645
(c) The use of advertising or solicitation that is 7646
false or misleading. 7647
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(d) Conviction of the following in any federal court or 7648
in the courts of this state or any other jurisdiction, regardless 7649
of whether the sentence is deferred: 7650
(i) Any * * * disqualifying crime as provided in 7651
the Fresh Start Act; 7652
(ii) Any crime involving cruelty, abuse or neglect 7653
of animals, including bestiality; 7654
* * * 7655
( * * *iii) Any crime involving unlawful sexual 7656
contact, child abuse, the use or threatened use of a weapon, the 7657
infliction of injury, indecent exposure, perjury, false reporting, 7658
criminal impersonation, forgery and any other crime involving a 7659
lack of truthfulness, veracity or honesty, intimidation of a 7660
victim or witness, larceny, or alcohol or drugs. 7661
For the purposes of this paragraph, a plea of guilty or a 7662
plea of nolo contendere accepted by the court shall be considered 7663
as a conviction. 7664
(e) Incompetence, gross negligence or other malpractice 7665
in the practice of veterinary medicine. 7666
(f) Aiding the unlawful practice of veterinary 7667
medicine. 7668
(g) Fraud or dishonesty in the application or reporting 7669
of any test for disease in animals. 7670
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(h) Failure to report, as required by law, or making 7671
false or misleading report of, any contagious or infectious 7672
disease. 7673
(i) Failure to keep accurate patient records. 7674
(j) Dishonesty or gross negligence in the performance 7675
of food safety inspections or in the issuance of any health or 7676
inspection certificates. 7677
(k) Failure to keep veterinary premises and equipment, 7678
including practice vehicles, in a clean and sanitary condition. 7679
(l) Failure to permit the board or its agents to enter 7680
and inspect veterinary premises and equipment, including practice 7681
vehicles, as set by rules promulgated by the board. 7682
(m) Revocation, suspension or limitation of a license 7683
to practice veterinary medicine by another state, territory or 7684
district of the United States. 7685
(n) Loss or suspension of accreditation by any federal 7686
or state agency. 7687
(o) Unprofessional conduct as defined in regulations 7688
adopted by the board. 7689
(p) The dispensing, distribution, prescription or 7690
administration of any veterinary prescription drug, or the 7691
extralabel use of any drug in the absence of a 7692
veterinarian-client-patient relationship. 7693
(q) Violations of state or federal drug laws. 7694
(r) Violations of any order of the board. 7695
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(s) Violations of this chapter or of the rules 7696
promulgated under this chapter. 7697
(t) Violation(s) of the provisions of Sections 41-121-1 7698
through 41-121-9 relating to deceptive advertisement by health 7699
care practitioners. 7700
(2) A certified copy of any judgment of conviction or 7701
finding of guilt by a court of competent jurisdiction or by a 7702
governmental agency, or agency authorized to issue licenses or 7703
permits, including the United States Department of Agriculture, 7704
Animal and Plant Health Inspection Service, the Mississippi Board 7705
of Animal Health and the Mississippi Board of Health, of a 7706
veterinarian or veterinary technician of any matters listed in 7707
this section shall be admissible in evidence in any hearing held 7708
by the board to discipline such veterinarian or technician and 7709
shall constitute prima facie evidence of the commission of any 7710
such act. 7711
SECTION 85. Section 73-42-9, Mississippi Code of 1972, is 7712
amended as follows: 7713
73-42-9. (1) An applicant for registration shall submit an 7714
application for registration to the Secretary of State in a form 7715
prescribed by the Secretary of State. An application filed under 7716
this section is a public record. Except as otherwise provided in 7717
subsection (2), the application must be in the name of an 7718
individual, signed by the applicant under penalty of perjury and 7719
must state or contain: 7720
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(a) The name of the applicant and the address of the 7721
applicant's principal place of business; 7722
(b) The name of the applicant's business or employer, 7723
if applicable; 7724
(c) Any business or occupation engaged in by the 7725
applicant for the five (5) years next preceding the date of 7726
submission of the application; 7727
(d) A description of the applicant's: 7728
(i) Formal training as an athlete agent; 7729
(ii) Practical experience as an athlete agent; and 7730
(iii) Educational background relating to the 7731
applicant's activities as an athlete agent; 7732
(e) The names and addresses of three (3) individuals 7733
not related to the applicant who are willing to serve as 7734
references; 7735
(f) The name, sport and last known team for each 7736
individual for whom the applicant provided services as an athlete 7737
agent during the five (5) years next preceding the date of 7738
submission of the application; 7739
(g) The names and addresses of all persons who are: 7740
(i) With respect to the athlete agent's business 7741
if it is not a corporation, the partners, officers, associates, 7742
individuals or profit-sharers; and 7743
(ii) With respect to a company or corporation 7744
employing the athlete agent, the officers, directors and any 7745
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shareholder of the corporation or member with a five percent (5%) 7746
or greater interest; 7747
(h) Whether the applicant or any other person named 7748
pursuant to paragraph (g) has been convicted of a crime that, if 7749
committed in this state, would be a * * * disqualifying crime as 7750
provided in the Fresh Start Act, and identify the crime; 7751
(i) Whether there has been any administrative or 7752
judicial determination that the applicant or any other person 7753
named pursuant to paragraph (g) has made a false, misleading, 7754
deceptive or fraudulent representation; 7755
(j) Any instance in which the conduct of the applicant 7756
or any other person named pursuant to paragraph (g) resulted in 7757
the imposition of a sanction, suspension or declaration of 7758
ineligibility to participate in an interscholastic or 7759
intercollegiate athletic event on a student-athlete or educational 7760
institution; 7761
(k) Any sanction, suspension or disciplinary action 7762
taken against the applicant or any other person named pursuant to 7763
paragraph (g) arising out of occupational or professional conduct; 7764
(l) Whether there has been any denial of an application 7765
for, suspension or revocation of, or refusal to renew, the 7766
certification, registration or licensure of the applicant or any 7767
other person named pursuant to paragraph (g) as an athlete agent 7768
in any state; 7769
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(m) Any pending litigation against the applicant in the 7770
applicant's capacity as an agent; 7771
(n) A list of all other states in which the applicant 7772
is currently licensed or registered as an athlete agent and a copy 7773
of each state's license or registration, as applicable; and 7774
(o) Consent to submit to a criminal background check 7775
before being issued a certificate of registration. Any fees 7776
connected with the background check shall be assessed to the 7777
applicant. 7778
(2) An individual who has submitted an application for, and 7779
received a certificate of, registration or licensure as an athlete 7780
agent in another state, may submit a copy of the application and a 7781
valid certificate of registration or licensure from the other 7782
state in lieu of submitting an application in the form prescribed 7783
pursuant to subsection (1), along with the information requested 7784
in paragraphs (l), (m), (n) and (o) of subsection (1). The 7785
Secretary of State shall accept the application and the 7786
certificate from the other state as an application for 7787
registration in this state if the application to the other state: 7788
(a) Was submitted in the other state within the six (6) 7789
months next preceding the submission of the application in this 7790
state and the applicant certifies the information contained in the 7791
application is current; 7792
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(b) Contains information substantially similar to or 7793
more comprehensive than that required in an application submitted 7794
in this state; and 7795
(c) Was signed by the applicant under penalty of 7796
perjury. 7797
(3) An athlete agent must notify the Secretary of State 7798
within thirty (30) days whenever the information contained in any 7799
application for registration as an athlete agent in this state 7800
changes in a material way or is, or becomes, inaccurate or 7801
incomplete in any respect. Events requiring notice shall include, 7802
but are not limited to, the following: 7803
(a) Change in address of the athlete agent's principal 7804
place of business; 7805
(b) Conviction of a * * * disqualifying crime as 7806
provided in the Fresh Start Act by the athlete agent; 7807
(c) Denial, suspension, refusal to renew, or revocation 7808
of a registration or license of the athlete agent as an athlete 7809
agent in any state; or 7810
(d) Sanction, suspension or other disciplinary action 7811
taken against the athlete agent arising out of occupational or 7812
professional conduct. 7813
SECTION 86. Section 73-42-11, Mississippi Code of 1972, is 7814
amended as follows: 7815
73-42-11. (1) Except as otherwise provided in subsection 7816
(3), the Secretary of State shall issue a certificate of 7817
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registration to an individual who complies with Section 7818
73-42-9(1). 7819
(2) Except as otherwise provided in subsection (3), the 7820
Secretary of State shall issue a certificate of registration to an 7821
individual whose application has been accepted under Section 7822
73-42-9(2). 7823
(3) The Secretary of State may refuse to issue a certificate 7824
of registration if they determine that the applicant has engaged 7825
in conduct that has a significant adverse effect on the 7826
applicant's fitness to serve as an athlete agent. In making the 7827
determination, the Secretary of State may consider whether the 7828
applicant has: 7829
(a) Been convicted of a crime in another state that, if 7830
committed in this state, would be a * * * disqualifying crime as 7831
provided in the Fresh Start Act; 7832
(b) Made a materially false, misleading, deceptive or 7833
fraudulent representation as an athlete agent or in the 7834
application; 7835
(c) Engaged in conduct that would disqualify the 7836
applicant from serving in a fiduciary capacity; 7837
(d) Engaged in conduct prohibited by Section 73-42-27; 7838
(e) Had a registration, licensure or certification as 7839
an athlete agent suspended, revoked, or denied or been refused 7840
renewal of registration, licensure or certification in any state; 7841
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applicability of.
(f) Engaged in conduct or failed to engage in conduct 7842
the consequence of which was that a sanction, suspension or 7843
declaration of ineligibility to participate in an interscholastic 7844
or intercollegiate athletic event was imposed on a student-athlete 7845
or educational institution; or 7846
(g) Engaged in conduct that significantly adversely 7847
reflects on the applicant's trustworthiness or credibility. 7848
(4) In making a determination under subsection (3), the 7849
Secretary of State shall consider: 7850
(a) How recently the conduct occurred; 7851
(b) The nature of the conduct and the context in which 7852
it occurred; and 7853
(c) Any other relevant conduct of the applicant. 7854
(5) An athlete agent may apply to renew a registration by 7855
submitting an application for renewal in a form prescribed by the 7856
Secretary of State. An application filed under this section is a 7857
public record. The application for renewal must be signed by the 7858
applicant under penalty of perjury and must contain current 7859
information on all matters required in an original registration. 7860
(6) An individual who has submitted an application for 7861
renewal of registration or licensure in another state, in lieu of 7862
submitting an application for renewal in the form prescribed 7863
pursuant to subsection (5), may file a copy of the application for 7864
renewal and a valid certificate of registration from the other 7865
state. The Secretary of State shall accept the application for 7866
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renewal from the other state as an application for renewal in this 7867
state if the application to the other state: 7868
(a) Was submitted in the other state within the last 7869
six (6) months and the applicant certifies the information 7870
contained in the application for renewal is current; 7871
(b) Contains information substantially similar to or 7872
more comprehensive than that required in an application for 7873
renewal submitted in this state; and 7874
(c) Was signed by the applicant under penalty of 7875
perjury. 7876
(7) Except as provided in Section 33-1-39, a certificate of 7877
registration or a renewal of a registration is valid for two (2) 7878
years. 7879
SECTION 87. Section 73-53-8, Mississippi Code of 1972, is 7880
amended as follows: 7881
73-53-8. (1) There is created the Board of Examiners for 7882
Social Workers and Marriage and Family Therapists to license and 7883
regulate social workers and marriage and family therapists. The 7884
board shall be composed of ten (10) members, six (6) of which 7885
shall be social workers and four (4) of which shall be marriage 7886
and family therapists. 7887
(2) Of the social worker members of the board, two (2) must 7888
be licensed social workers, and four (4) must be licensed master 7889
social workers or licensed certified social workers or a 7890
combination thereof. The marriage and family therapist members of 7891
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the board must be licensed marriage and family therapists. For at 7892
least two (2) years immediately preceding his or her appointment, 7893
each marriage and family therapist appointee must have been 7894
actively engaged as a marriage and family therapist in rendering 7895
professional services in marriage and family therapy, or in the 7896
education and training of master's, doctoral or post-doctoral 7897
students of marriage and family therapy, or in marriage and family 7898
therapy research, and during the two (2) years preceding his or 7899
her appointment, must have spent the majority of the time devoted 7900
to that activity in this state. The initial marriage and family 7901
therapist appointees shall be deemed to be and shall become 7902
licensed practicing marriage and family therapists immediately 7903
upon their appointment and qualification as members of the board. 7904
All subsequent marriage and family therapist appointees to the 7905
board must be licensed marriage and family therapists before their 7906
appointment. 7907
(3) The Governor shall appoint six (6) members of the board, 7908
four (4) of which shall be social workers and two (2) of which 7909
shall be marriage and family therapists, and the Lieutenant 7910
Governor shall appoint four (4) members of the board, two (2) of 7911
which shall be social workers and two (2) of which shall be 7912
marriage and family therapists. Social worker members of the 7913
board shall be appointed from nominations submitted by the 7914
Mississippi Chapter of the National Association of Social Workers, 7915
and marriage and family therapist members of the board shall be 7916
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appointed from nominations submitted by the Mississippi 7917
Association for Marriage and Family Therapy. All appointments 7918
shall be made with the advice and consent of the Senate. 7919
(4) The initial appointments to the board shall be made as 7920
follows: The Governor shall appoint one (1) social worker member 7921
for a term that expires on June 30, 1999, one (1) social worker 7922
member for a term that expires on June 30, 2001, two (2) social 7923
worker members for terms that expire on June 30, 2002, one (1) 7924
marriage and family therapist member for a term that expires on 7925
June 30, 1998, and one (1) marriage and family therapist member 7926
for a term that expires on June 30, 2000. The Lieutenant Governor 7927
shall appoint one (1) social worker member for a term that expires 7928
on June 30, 1998, one (1) social worker member for a term that 7929
expires on June 30, 2000, one (1) marriage and family therapist 7930
member for a term that expires on June 30, 1999, and one (1) 7931
marriage and family therapist member of the board for a term that 7932
expires on June 30, 2001. After the expiration of the initial 7933
terms, all subsequent appointments shall be made by the original 7934
appointing authorities for terms of four (4) years from the 7935
expiration date of the previous term. Upon the expiration of his 7936
or her term of office, a board member shall continue to serve 7937
until his or her successor has been appointed and has qualified. 7938
No person may be appointed more than once to fill an unexpired 7939
term or more than two (2) consecutive full terms. 7940
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(5) Any vacancy on the board before the expiration of a term 7941
shall be filled by appointment of the original appointing 7942
authority for the remainder of the unexpired term. Appointments 7943
to fill vacancies shall be made from nominations submitted by the 7944
appropriate organization as specified in subsection (2) of this 7945
section for the position being filled. 7946
(6) The appointing authorities shall give due regard to 7947
geographic distribution, race and sex in making all appointments 7948
to the board. 7949
(7) The board shall select one (1) of its members to serve 7950
as chairman during the term of his or her appointment to the 7951
board. No person may serve as chairman for more than four (4) 7952
years. The board may remove any member of the board or the 7953
chairman from his or her position as chairman for (a) malfeasance 7954
in office, or (b) conviction of a * * * disqualifying crime as 7955
provided in the Fresh Start Act while in office, or (c) failure to 7956
attend three (3) consecutive board meetings. However, no member 7957
may be removed until after a public hearing of the charges against 7958
him or her, and at least thirty (30) days' prior written notice to 7959
the accused member of the charges against him or her and of the 7960
date fixed for such hearing. No board member shall participate in 7961
any matter before the board in which he has a pecuniary interest, 7962
personal bias or other similar conflict of interest. 7963
(8) Board members shall receive no compensation for their 7964
services, but shall be reimbursed for their actual and necessary 7965
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expenses incurred in the performance of official board business as 7966
provided in Section 25-3-41. 7967
(9) Four (4) social worker members and three (3) marriage 7968
and family therapist members of the board shall constitute a 7969
quorum of the board. In making its decisions and taking actions 7970
affecting the members of one (1) of the professions regulated by 7971
the board, the board shall consider the recommendations of the 7972
board members who are members of that profession. If the board is 7973
unable to have a quorum present at a regularly scheduled meeting 7974
location, the board may allow other members to participate in the 7975
meeting by telephone or other electronic means. In the case of an 7976
administrative hearing, when recusals from the process are 7977
necessary, a quorum may consist of a simple majority of six (6) 7978
members. 7979
(10) The principal office of the board shall be in the City 7980
of Jackson, but the board may act and exercise all of its powers 7981
at any other place. The board shall adopt an official seal, which 7982
shall be judicially noticed and which shall be affixed to all 7983
licenses issued by the board. 7984
(11) The board is authorized to employ, subject to the 7985
approval of the State Personnel Board, an executive director and 7986
such attorneys, experts and other employees as it may, from time 7987
to time, find necessary for the proper performance of its duties 7988
and for which the necessary funds are available, and to set the 7989
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salary of the executive director, subject to the approval of the 7990
State Personnel Board. 7991
(12) The board, by a majority vote, from time to time, may 7992
make such provisions as it deems appropriate to authorize the 7993
performance by any board member or members, employee or other 7994
agent of the board of any function given the board in this article 7995
or Sections 73-54-1 through 73-54-39. 7996
SECTION 88. Section 73-53-13, Mississippi Code of 1972, is 7997
amended as follows: 7998
73-53-13. The board shall issue the appropriate license to 7999
applicants who meet the qualifications of this section. 8000
(a) A license as a "licensed social worker" shall be 8001
issued to an applicant who demonstrates to the satisfaction of the 8002
board that he or she meets the following qualifications: 8003
(i) Has a baccalaureate degree in social work from 8004
a college or university accredited by the Council on Social Work 8005
Education or Southern Association of Colleges and Schools and has 8006
satisfactorily completed the Association for Social Work Boards 8007
(ASWB) examination for this license; or 8008
(ii) Has a comparable license or registration from 8009
another state or territory of the United States of America that 8010
imposes qualifications substantially similar to those of this 8011
article. 8012
(b) A license as a "licensed master's social worker" 8013
shall be issued to an applicant who demonstrates to the 8014
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satisfaction of the board that he or she meets the following 8015
qualifications: 8016
(i) Has a doctorate or master's degree from a 8017
school of social work accredited by the Council on Social Work 8018
Education; and 8019
(ii) Has satisfactorily completed the ASWB 8020
examination for this license; or 8021
(iii) Has a comparable license or registration 8022
from another state or territory of the United States of America 8023
that imposes qualifications substantially similar to those of this 8024
article. 8025
(c) A license as a "licensed certified social worker" 8026
shall be issued to an applicant who demonstrates to the 8027
satisfaction of the board that he or she meets the following 8028
qualifications: 8029
(i) Is licensed under this section as a "master's 8030
social worker"; and 8031
(ii) Has twenty-four (24) months of professional 8032
supervision and clinical or macro social work practice experience 8033
acceptable to the board, under appropriate supervision; and 8034
(iii) Has satisfactorily completed the ASWB 8035
examination for this license; or 8036
(iv) Has a comparable license or registration from 8037
another state or territory of the United States of America that 8038
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imposes qualifications substantially similar to those of this 8039
article. 8040
(d) In addition to the above qualifications, an 8041
applicant for any of the above licenses must prove to the board's 8042
satisfaction: 8043
(i) Age of at least twenty-one (21) years, and 8044
* * * 8045
( * * *ii) United States of America citizenship or 8046
status as a legal resident alien, and 8047
( * * *iii) Absence of conviction of a * * * 8048
disqualifying crime as provided in the Fresh Start Act. 8049
Conviction, as used in this subparagraph, includes a deferred 8050
conviction, deferred prosecution, deferred sentence, finding or 8051
verdict of guilt, an admission of guilty, or a plea of nolo 8052
contendere, and 8053
( * * *iv) That the applicant has not been 8054
declared mentally incompetent by any court, and if any such decree 8055
has ever been rendered, that the decree has since been changed, 8056
and 8057
( * * *v) Freedom from dependency on alcohol or 8058
drugs, and 8059
( * * *vi) Complete criminal history records 8060
check, including a fingerprint and an acceptable sex offender 8061
check, by appropriate governmental authorities as prescribed by 8062
the board. 8063
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(e) Only individuals licensed as "certified social 8064
workers" shall be permitted to call themselves "clinical social 8065
workers." 8066
The issuance of a license by reciprocity to a 8067
military-trained applicant, military spouse or person who 8068
establishes residence in this state shall be subject to the 8069
provisions of Section 73-50-1 or 73-50-2, as applicable. 8070
Each application or filing made under this section shall 8071
include the social security number(s) of the applicant in 8072
accordance with Section 93-11-64. 8073
SECTION 89. Section 73-53-17, Mississippi Code of 1972, is 8074
amended as follows: 8075
73-53-17. (1) Individuals licensed by the board shall 8076
conduct their activities, services and practice in accordance with 8077
the laws governing their professional practice and any rules 8078
promulgated by the board. Licensees and applicants may be subject 8079
to the exercise of the sanctions enumerated in Section 73-53-23 if 8080
the board finds that a licensee or applicant has committed any of 8081
the following: 8082
(a) Negligence in the practice or performance of 8083
professional services or activities; 8084
(b) Engaging in dishonorable, unethical or 8085
unprofessional conduct of a character likely to deceive, defraud 8086
or harm the public in the course of professional services or 8087
activities; 8088
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(c) Perpetrating or cooperating in fraud or material 8089
deception in obtaining or renewing a license or attempting the 8090
same; 8091
(d) Violating the rules and regulations established by 8092
the board; 8093
(e) Violating the National Association of Social 8094
Workers Code of Ethics or the American Association for Marriage 8095
and Family Therapy Code of Ethics; 8096
(f) Being convicted of * * * a crime * * * if 8097
misstatement, fraud or dishonesty is an essential element of the 8098
crime; 8099
(g) Being convicted of any crime which is a * * * 8100
disqualifying crime as provided in the Fresh Start Act under the 8101
laws of this state or of the United States of America; 8102
(h) Engaging in or permitting the performance of 8103
unacceptable services personally due to the licensee's deliberate 8104
or grossly negligent act or acts or failure to act, regardless of 8105
whether actual damage or damages to the public is established, or 8106
assuming responsibility for another's work by signing documents 8107
without personal knowledge of the work as established by board 8108
rule; 8109
(i) Continued practice although the licensee has become 8110
unfit to practice social work due to: (i) failure to keep abreast 8111
of current professional theory or practice; or (ii) physical or 8112
mental disability; the entry of an order or judgment by a court of 8113
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competent jurisdiction that a licensee is in need of mental 8114
treatment or is incompetent shall constitute mental disability; or 8115
(iii) addiction or severe dependency upon alcohol or other drugs 8116
which may endanger the public by impairing the licensee's ability 8117
to practice; 8118
(j) Continued practice although the individual failed 8119
to renew and has a lapsed license; 8120
(k) Having disciplinary action taken against the 8121
licensee's license in another state; 8122
(l) Making differential, detrimental treatment against 8123
any person because of race, color, creed, sex, religion or 8124
national origin; 8125
(m) Engaging in lewd conduct in connection with 8126
professional services or activities; 8127
(n) Engaging in false or misleading advertising; 8128
(o) Contracting, assisting or permitting unlicensed 8129
persons to perform services for which a license is required under 8130
this article; 8131
(p) Violation of any probation requirements placed on a 8132
licensee by the board; 8133
(q) Revealing confidential information except as may be 8134
required by law; 8135
(r) Failing to inform clients of the fact that the 8136
client no longer needs the services or professional assistance of 8137
the licensee; 8138
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(s) Charging excessive or unreasonable fees or engaging 8139
in unreasonable collection practices. 8140
(2) The board may order a licensee to submit to a reasonable 8141
physical or mental examination if the licensee's physical or 8142
mental capacity to practice safely is at issue in a disciplinary 8143
proceeding. 8144
(3) Failure to comply with a board order to submit to a 8145
physical or mental examination shall render a licensee subject to 8146
the summary suspension procedures described in Section 73-53-23. 8147
(4) In addition to the reasons specified in subsection (1) 8148
of this section, the board shall be authorized to suspend the 8149
license of any licensee for being out of compliance with an order 8150
for support, as defined in Section 93-11-153. The procedure for 8151
suspension of a license for being out of compliance with an order 8152
for support, and the procedure for the reissuance or reinstatement 8153
of a license suspended for that purpose, and the payment of any 8154
fees for the reissuance or reinstatement of a license suspended 8155
for that purpose, shall be governed by Section 93-11-157 or 8156
93-11-163, as the case may be. If there is any conflict between 8157
any provision of Section 93-11-157 or 93-11-163 and any provision 8158
of this article, the provisions of Section 93-11-157 or 93-11-163, 8159
as the case may be, shall control. 8160
SECTION 90. Section 73-54-13, Mississippi Code of 1972, is 8161
amended as follows: 8162
73-54-13. Each person desiring to obtain a license as 8163
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a marriage and family therapist or marriage and family therapy 8164
associate shall make application thereof to the board in such 8165
manner as the board prescribes and with required application fees 8166
and shall furnish evidence satisfactory to the board that he or 8167
she: 8168
* * * 8169
( * * *a) Has not engaged or is not engaged in any 8170
practice or conduct which would be a ground for refusing to issue 8171
a license under Section 73-54-29 or Section 73-53-17; 8172
( * * *b) Is qualified for licensure pursuant to the 8173
requirements of this chapter; and 8174
( * * *c) Is at least twenty-one (21) years of age. 8175
SECTION 91. Section 73-55-19, Mississippi Code of 1972, is 8176
amended as follows: 8177
73-55-19. (1) Any person licensed under this chapter may 8178
have his license revoked or suspended for a fixed period to be 8179
determined by the board for any of the following causes: 8180
(a) Being convicted of * * * a disqualifying crime as 8181
provided in the Fresh Start Act. The record of such conviction, 8182
or certified copy thereof from the clerk of the court where such 8183
conviction occurred or by the judge of that court, shall be 8184
sufficient evidence to warrant revocation or suspension. 8185
(b) By securing a license under this chapter through 8186
fraud or deceit. 8187
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(c) For unethical conduct or for gross ignorance or 8188
inefficiency in the conduct of his practice. 8189
(d) For knowingly practicing while suffering with a 8190
contagious or infectious disease. 8191
(e) For the use of a false name or alias in the 8192
practice of his profession. 8193
(f) For violating any of the provisions of this 8194
chapter. 8195
(2) Any person, whose license is sought to be revoked or 8196
suspended under the provisions of this chapter, shall be given 8197
thirty (30) days' notice, in writing, enumerating the charges and 8198
specifying a date for public hearing thereon. The hearing shall 8199
be held in the county where the person's business is conducted. 8200
The board may issue subpoenas, compel the attendance and testimony 8201
of witnesses, and place them under oath, the same as any court of 8202
competent jurisdiction where the hearing takes place. 8203
(3) At all hearings the board may designate in writing one 8204
or more persons deemed competent by the board to conduct the 8205
hearing as trial examiner or trial committee, with the decision to 8206
be rendered in accordance with the provisions of subsection (4) of 8207
this section. 8208
(4) After a hearing has been completed the trial examiner or 8209
trial committee who conducted the hearing shall proceed to 8210
consider the case and, as soon as practicable, shall render a 8211
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decision. In any case, the decision must be rendered within sixty 8212
(60) days after the hearing. The decision shall contain: 8213
(a) The findings of fact made by the trial examiner or 8214
trial committee; 8215
(b) Conclusions of law reached by the trial examiner or 8216
trial committee; and 8217
(c) The order based upon these findings of fact and 8218
conclusions of law. 8219
(5) From any revocation or suspension, the person charged 8220
may, within thirty (30) days thereof, appeal to the chancery court 8221
of the county where the hearing was held. 8222
(6) Notice of appeals shall be filed in the office of the 8223
clerk of the court, who shall issue a writ of certiorari directed 8224
to the board, commanding it within ten (10) days after service 8225
thereof to certify to such court its entire record in the matter 8226
in which the appeal has been taken. The appeal shall thereupon be 8227
heard in the due course by said court without a jury, and the 8228
court shall review the record and make its determination of the 8229
cause between the parties. 8230
(7) If there is an appeal, such appeal may, in the 8231
discretion of and on motion to the chancery court, act as a 8232
supersedeas. The chancery court shall dispose of the appeal and 8233
enter its decision promptly. The hearing on the appeal may, in 8234
the discretion of the chancellor, be tried in vacation. 8235
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(8) Any person taking an appeal shall post a satisfactory 8236
bond in the amount of Two Hundred Dollars ($200.00) for payment of 8237
any costs which may be adjudged against him. 8238
(9) In addition to the reasons specified in subsection (1) 8239
of this section, the board shall be authorized to suspend the 8240
license of any licensee for being out of compliance with an order 8241
for support, as defined in Section 93-11-153. The procedure for 8242
suspension of a license for being out of compliance with an order 8243
for support, and the procedure for the reissuance or reinstatement 8244
of a license suspended for that purpose, and the payment of any 8245
fees for the reissuance or reinstatement of a license suspended 8246
for that purpose, shall be governed by Section 93-11-157 or 8247
93-11-163, as the case may be. Actions taken by the board in 8248
suspending a license when required by Section 93-11-157 or 8249
93-11-163 are not actions from which an appeal may be taken under 8250
this section. Any appeal of a license suspension that is required 8251
by Section 93-11-157 or 93-11-163 shall be taken in accordance 8252
with the appeal procedure specified in Section 93-11-157 or 8253
93-11-163, as the case may be, rather than the procedure specified 8254
in this section. If there is any conflict between any provision 8255
of Section 93-11-157 or 93-11-163 and any provision of this 8256
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 8257
case may be, shall control. 8258
SECTION 92. Section 73-60-31, Mississippi Code of 1972, is 8259
amended as follows: 8260
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73-60-31. The Appraisal Board may refuse to issue, renew, or 8261
may revoke or suspend, a license or may place on probation, 8262
censure, reprimand or take other disciplinary action with regard 8263
to any license issued under this chapter, including the issuance 8264
of fines for each violation, for any one (1) or combination of the 8265
following causes: 8266
(a) Violations of this chapter or the Appraisal Board's 8267
rules promulgated pursuant hereto; 8268
(b) Violation of terms of license probation; 8269
(c) Conviction of a * * * disqualifying crime as 8270
provided in the Fresh Start Act or making a plea of guilty or nolo 8271
contendere within five (5) years prior to the date of application; 8272
(d) Operating without adequate insurance coverage 8273
required for licensees; 8274
(e) Fraud in the procurement or performance of a 8275
contract to conduct a home inspection; and 8276
(f) Failure to submit to or pass a background 8277
investigation pursuant to Section 73-60-47. 8278
SECTION 93. Section 73-63-27, Mississippi Code of 1972, is 8279
amended as follows: 8280
73-63-27. (1) (a) Except as provided in subsections (2) 8281
and (3) of this section, the following shall be considered as 8282
minimum evidence satisfactory to the board that the applicant is 8283
qualified for registration as a registered professional geologist: 8284
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(i) Graduation from a course of study in geology 8285
satisfactory to the board from an accredited college or 8286
university, or from a program accredited by an organization 8287
recognized by the board, of four (4) or more years and which 8288
includes at least thirty (30) semester or forty-five (45) quarter 8289
hours of credit, with a major in geology or a geological 8290
specialty; 8291
(ii) Demonstration through a specific record of a 8292
minimum of four (4) years of qualifying experience, after 8293
completion of the academic requirements, in geology or a specialty 8294
indicating that the applicant is competent to practice geology or 8295
a specialty. The board may require the experience be gained under 8296
the supervision of a geologist registered in this state or any 8297
other state with at least as stringent geologic registration 8298
requirements, or under the supervision of others who, in the 8299
opinion of the board, are qualified to have responsible charge of 8300
geological work; 8301
(iii) Successful passage of at least one (1) 8302
examination in geology as determined and prescribed by the board; 8303
and 8304
(iv) Other requirements as may be established in 8305
rules and regulations by the board. 8306
(b) In addition to the qualifications named in 8307
paragraph (a) of this subsection, applicants for registration as a 8308
registered professional geologist shall include with their 8309
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application at least three (3) letters of reference from 8310
geologists having personal knowledge of the applicant's geologic 8311
experience. 8312
(c) The board may give credit for a master's degree in 8313
the geological sciences or in a specialty as one (1) year of 8314
professional experience and an earned doctorate degree in the 8315
geological sciences or in a specialty as two (2) years of 8316
professional experience. The board shall not give more than two 8317
(2) years of professional experience credit for the completion of 8318
all graduate degrees. 8319
(d) The board may give credit for geological research 8320
or teaching of persons studying geology or a specialty at an 8321
accredited college or university level as qualifying experience, 8322
if the research or teaching, in the opinion of the board, is 8323
comparable to experience obtained in the practice of geology or a 8324
specialty. 8325
(e) The board may adopt qualifications which, in its 8326
judgment, are equivalent to the educational and experience 8327
requirements in subsection (1)(a) of this section. 8328
* * * 8329
(2) Before December 31, 1998, any applicant who applies for 8330
registration or enrollment shall be considered qualified, without 8331
written examination, if the applicant possesses the qualifications 8332
prescribed in subsection (1) or (3) of this section, as the case 8333
may be. 8334
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(3) An applicant who applies for registration before July 1, 8335
1998, shall be qualified without written examination, if the 8336
applicant possesses the following qualifications: 8337
(a) A bachelor's degree from an accredited college or 8338
university in civil engineering with a minimum of fifteen (15) 8339
semester hours or an equivalent number of quarter hours of credit 8340
in geology or a geologically-related course, as determined by the 8341
board; 8342
(b) A certificate of registration as a professional 8343
engineer in the State of Mississippi; and 8344
(c) A minimum of ten (10) years of qualifying 8345
experience in geotechnical or geological engineering work 8346
demonstrated by a specific record. 8347
If the board determines after review of the academic and 8348
experience qualifications required by this subsection that the 8349
applicant is competent to practice geology, the board may issue a 8350
certificate of registration under this chapter. 8351
(4) Applicants for enrollment as a geologist-in-training 8352
shall meet the qualifications for a registered professional 8353
geologist, except the requirement for four (4) years of 8354
experience. 8355
(5) The board may adopt requirements for the issuance of 8356
temporary registrations. Qualifications for temporary 8357
registrations shall be consistent with those required under this 8358
chapter. 8359
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(6) Upon written request of an applicant, the board may 8360
waive, on a case-by-case basis, any requirement for registration 8361
or enrollment, except payment of the applicable fees. The request 8362
shall state the reasons a waiver should be granted. The 8363
requirements waived and the basis for that waiver shall be 8364
recorded in the applicant's record and in the proceedings of the 8365
board, and any waiver may be subject to repeal or suspension as 8366
determined by the board. 8367
SECTION 94. Section 73-65-13, Mississippi Code of 1972, is 8368
amended as follows: 8369
73-65-13. (1) The board may deny any application, or 8370
suspend or revoke any license held or applied for under the 8371
provisions of Section 73-65-7 if the person: 8372
(a) Is found guilty of fraud, deceit, or 8373
misrepresentation in procuring or attempting to procure a license 8374
to practice art therapy; 8375
(b) Is adjudicated mentally incompetent; 8376
(c) Is found guilty of a * * * disqualifying crime as 8377
provided in the Fresh Start Act; 8378
(d) Is found guilty of unprofessional or unethical 8379
conduct in this or any other jurisdiction; 8380
(e) Has been using any controlled substance or 8381
alcoholic beverage to an extent or in a manner dangerous to the 8382
person, any other person, or the public, or to an extent that the 8383
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use impairs the ability to perform as a licensed professional art 8384
therapist; 8385
(f) Has violated any provision of this chapter; or 8386
(g) Willfully or negligently divulges a professional 8387
confidence. 8388
(2) A certified copy of the record of conviction shall be 8389
conclusive evidence of the conviction. 8390
(3) Disciplinary proceedings may be initiated upon the 8391
receipt by the board of a sworn complaint by any person, including 8392
members of the board. 8393
SECTION 95. Section 73-66-17, Mississippi Code of 1972, is 8394
amended as follows: 8395
73-66-17. (1) The board may sanction a licensee for any of 8396
the following acts: 8397
(a) Ineligibility for licensure, including, but not 8398
limited to, falsification of information submitted for licensure 8399
or failure to maintain status as a board-certified music 8400
therapist; 8401
(b) Failure to pay fees when due; 8402
(c) Failure to provide requested information in a 8403
timely manner; 8404
(d) Conviction of a * * * disqualifying crime as 8405
provided in the Fresh Start Act; 8406
(e) Conviction of any crime that reflects an inability 8407
to practice music therapy with due regard for the health and 8408
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safety of clients and patients, or with due regard for the truth 8409
in filing claims with Medicare, Medicaid or any third-party payor; 8410
(f) Inability or failure to practice music therapy with 8411
reasonable skill and consistent with the welfare of clients and 8412
patients, including, but not limited to, negligence in the 8413
practice of music therapy; intoxication; incapacity; and abuse of 8414
or engaging in sexual contact with a client or patient; and 8415
(g) Disciplinary action by another jurisdiction. 8416
(2) The department is authorized to conduct investigations 8417
into allegations of conduct described in subsection (1) of this 8418
section. 8419
(3) The board may impose one or more of the following 8420
sanctions upon a licensee for a violation of this chapter: 8421
(a) Suspension of a license; 8422
(b) Revocation of a license; 8423
(c) Denial of a license; 8424
(d) Refusal to renew a license; 8425
(e) Probation with conditions; 8426
(f) Reprimand; or 8427
(g) A fine of not less than One Hundred Dollars 8428
($100.00) or more than One Thousand Dollars ($1,000.00) for each 8429
violation. 8430
SECTION 96. Section 73-67-21, Mississippi Code of 1972, is 8431
amended as follows: 8432
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73-67-21. (1) It shall be the responsibility of a massage 8433
therapy establishment to verify the current license of any and all 8434
persons practicing massage therapy at the location of or on behalf 8435
of the establishment. Failure to comply is subject to penalty 8436
assessed by the board of not less than Five Hundred Dollars 8437
($500.00) and not more than One Thousand Dollars ($1,000.00) per 8438
offense. 8439
(2) No person may advertise massage or practice massage for 8440
compensation in this state unless he is licensed as a massage 8441
therapist by the board. No person may use the title of or 8442
represent himself to be a massage therapist or use any other 8443
title, abbreviations, letters, figures, signs or devices that 8444
indicate that the person is a massage therapist unless he is 8445
licensed to practice massage therapy under the provisions of this 8446
chapter. A current massage therapy license issued by the board 8447
shall at all times be prominently displayed in any place where 8448
massage therapy is being practiced. 8449
(3) The following are requirements for licensure: 8450
(a) An applicant must be eighteen (18) years of age, or 8451
older, on the date the application is submitted. 8452
(b) An application must provide proof of high school 8453
graduate equivalency. 8454
(c) An applicant must be of legal status not only to 8455
receive a license, but also to work in the State of Mississippi 8456
with that license. 8457
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(d) An applicant must supply proof of current 8458
certification in cardiopulmonary resuscitation (CPR) and first aid 8459
of at least eight (8) hours of training, including practical 8460
testing, and supply documentation of familiarity with the 8461
Americans with Disabilities Act. 8462
(e) All required fees for licensure must be submitted 8463
by the applicant. 8464
(f) Any and all requirements regarding * * * 8465
competency, as provided for in this chapter and in accepted codes 8466
of ethics, shall be met. 8467
(g) An applicant must have completed an approved course 8468
on communicable diseases, including HIV/AIDS information and 8469
prevention. 8470
(h) The applicant's official and certified 8471
transcript(s) from the applicant's massage therapy school. The 8472
transcript must verify that the applicant has completed a 8473
board-approved training program of no less than the minimum 8474
requirement for massage therapy instruction and student clinic, 8475
with a minimum grade requirement of "C" or better in every course 8476
of instruction, as stated for school requirements. 8477
(4) The following pre-act practitioners are exempt from 8478
having to take any examination for licensure, but must fulfill all 8479
other requirements as stated in this chapter, except for the 8480
requirements in subsection (3)(h) of this section: 8481
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(a) Those having more than three hundred (300) 8482
documented, board-accepted hours of massage therapy education 8483
before January 1, 2001. 8484
(b) Those having more than five (5) years of 8485
professional massage therapy experience and a minimum of one 8486
hundred fifty (150) hours of approved massage therapy education. 8487
(c) Those having no formal training, but who have 8488
successfully passed the National Certification Examination for 8489
Therapeutic Massage and Bodywork. 8490
(d) All grandfathering exemption allowances as stated 8491
in this subsection (4) shall end on July 1, 2002, for nonstudents, 8492
and on June 1, 2003, for students who were enrolled in a part-time 8493
massage school curriculum on July 1, 2001. Individuals may apply 8494
for a license until the grandfathering exemption ends, but may not 8495
practice massage beyond the allowed grace period as provided for 8496
in Section 73-67-37 unless a valid massage therapy license or 8497
provisional permit is obtained. Except as provided in subsection 8498
(5) of this section, all other pre-act practitioners and anyone 8499
not practicing massage therapy before January 1, 2001, must take 8500
and pass the licensure examination and follow the requirements in 8501
this chapter to practice massage therapy for compensation in 8502
Mississippi. 8503
(e) Students enrolled in a massage therapy curriculum 8504
of at least five hundred (500) hours on July 1, 2001, who complete 8505
graduation from the same curriculum. 8506
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(5) Any person who has practiced massage therapy for a 8507
period of more than twenty-five (25) years before March 14, 2005, 8508
who is employed as a massage therapist by a YMCA or YWCA 8509
authorized and existing as a nonprofit corporation under the laws 8510
of this state on March 14, 2005, is exempt from having to take any 8511
examination for licensure, but must fulfill all other requirements 8512
as stated in this chapter, except for the requirements in 8513
subsection (3)(b), (d), (g) and (h) of this section. Persons 8514
exempt under this subsection may apply for a massage therapy 8515
license until January 1, 2006, but may not practice massage 8516
therapy after January 1, 2006, unless a valid license is obtained. 8517
(6) Certificates of registration issued by the board before 8518
July 1, 2008, shall remain valid as licenses until the next 8519
renewal period. 8520
(7) An applicant must have successfully been cleared for 8521
licensure through an investigation that shall consist of a * * * 8522
verification that the prospective licensee is not guilty of or in 8523
violation of any statutory ground for denial of licensure as set 8524
forth in Section 73-67-27. 8525
(a) To assist the board in conducting its licensure 8526
investigation, all applicants shall undergo a fingerprint-based 8527
criminal history records check of the Mississippi central criminal 8528
database and the Federal Bureau of Investigation criminal history 8529
database. Each applicant shall submit a full set of the 8530
applicant's fingerprints in a form and manner prescribed by the 8531
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applicability of.
board, which shall be forwarded to the Mississippi Department of 8532
Public Safety (department) and the Federal Bureau of Investigation 8533
Identification Division for this purpose. 8534
(b) Any and all state or national criminal history 8535
records information obtained by the board that is not already a 8536
matter of public record shall be deemed nonpublic and confidential 8537
information restricted to the exclusive use of the board, its 8538
members, officers, investigators, agents and attorneys in 8539
evaluating the applicant's eligibility or disqualification for 8540
licensure, and shall be exempt from the Mississippi Public Records 8541
Act of 1983. Except when introduced into evidence in a hearing 8542
before the board to determine licensure, no such information or 8543
records related thereto shall, except with the written consent of 8544
the applicant or by order of a court of competent jurisdiction, be 8545
released or otherwise disclosed by the board to any other person 8546
or agency. 8547
(c) The board shall provide to the department the 8548
fingerprints of the applicant, any additional information that may 8549
be required by the department, and a form signed by the applicant 8550
consenting to the check of the criminal records and to the use of 8551
the fingerprints and other identifying information required by the 8552
state or national repositories. 8553
(d) The board shall charge and collect from the 8554
applicant, in addition to all other applicable fees and costs, 8555
such amount as may be incurred by the board in requesting and 8556
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applicability of.
obtaining state and national criminal history records information 8557
on the applicant. 8558
SECTION 97. Section 73-67-27, Mississippi Code of 1972, is 8559
amended as follows: 8560
73-67-27. (1) The board may refuse to issue or renew or may 8561
deny, suspend or revoke any license held or applied for under this 8562
chapter upon finding that the holder of a license or applicant: 8563
(a) Is guilty of fraud, deceit or misrepresentation in 8564
procuring or attempting to procure any license provided for in 8565
this chapter; 8566
(b) Attempted to use as his own the license of another; 8567
(c) Allowed the use of his license by another; 8568
(d) Has been adjudicated as mentally incompetent by 8569
regularly constituted authorities; 8570
(e) Has been convicted of a disqualifying crime, or has 8571
charges or disciplinary action pending, that directly relates to 8572
the practice of massage therapy or to the ability to practice 8573
massage therapy as provided in the Fresh Start Act. Any plea of 8574
nolo contendere shall be considered a conviction for the purposes 8575
of this section; 8576
(f) Is guilty of unprofessional or unethical conduct as 8577
defined by the code of ethics; 8578
(g) Is guilty of false, misleading or deceptive 8579
advertising, or is guilty of aiding or assisting in the 8580
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advertising or practice of any unlicensed or unpermitted person in 8581
the practice of massage therapy; 8582
(h) Is grossly negligent or incompetent in the practice 8583
of massage therapy; or 8584
(i) Has had rights, credentials or one or more 8585
license(s) to practice massage therapy revoked, suspended or 8586
denied in any jurisdiction, territory or possession of the United 8587
States or another country for acts of the licensee similar to acts 8588
described in this section. A certified copy of the record of the 8589
jurisdiction making such a revocation, suspension or denial shall 8590
be conclusive evidence thereof * * *. 8591
* * * 8592
(2) Investigative proceedings may be implemented by a 8593
complaint by any person, including members of the board. 8594
(3) (a) Any person(s) found guilty of prostitution using as 8595
any advertisement, claim or insignia of being an actual licensed 8596
massage therapist or to be practicing massage therapy by using the 8597
word "massage" or any other description indicating the same, 8598
whether or not the person(s) have one or more license for the 8599
person(s) or establishment(s), shall be guilty of a misdemeanor, 8600
and upon conviction, shall be punished by a fine of not less than 8601
One Thousand Dollars ($1,000.00), nor more than Five Thousand 8602
Dollars ($5,000.00), or imprisonment of up to six (6) months, or 8603
both, per offense, per person. 8604
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(b) Any person who knowingly participates in receiving 8605
illegal service(s) of any person found guilty as described in 8606
paragraph (a) of this subsection, upon conviction, shall be 8607
punished by a fine not exceeding Five Hundred Dollars ($500.00), 8608
or imprisonment for up to one (1) month, or both. Persons 8609
officially designated to investigate complaints are exempt. 8610
(c) Any person who violates any provision of this 8611
chapter, other than violation(s) of paragraph (a) of this 8612
subsection, is guilty of a misdemeanor, and upon conviction, shall 8613
be punished by a fine not exceeding Five Hundred Dollars 8614
($500.00), or imprisonment for up to one (1) month in jail, or 8615
both, per offense. 8616
(d) The board, in its discretion, may assess and tax 8617
any part or all of the costs of any disciplinary proceedings 8618
conducted against either the accused, the charging party, or both, 8619
as it may elect. 8620
SECTION 98. Section 73-69-7, Mississippi Code of 1972, is 8621
amended as follows: 8622
73-69-7. (1) The State Fire Marshal shall administer and 8623
enforce the provisions of this chapter and shall have the 8624
authority to promulgate and adopt such rules and regulations as 8625
may be necessary for such proper administration and enforcement. 8626
The Electronic Protection Advisory Licensing Board created in 8627
Section 73-69-21 shall advise the State Fire Marshal with respect 8628
to the rules and regulations of the provisions of this chapter. 8629
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The State Fire Marshal shall have the authority to approve written 8630
training programs or acceptable equivalents for meeting the 8631
training requirements of this licensing law. The State Fire 8632
Marshal may also accept, as such an equivalent, licensure of a 8633
company or person by a jurisdiction outside this state, which has 8634
standards and requirements of practice which substantially conform 8635
to the provisions of this chapter. The State Fire Marshal shall 8636
also establish continuing education requirements. 8637
(2) Application for a Class A license. In order to engage 8638
in alarm contracting, a company shall apply for and obtain a Class 8639
A license for each operating location doing business in the state. 8640
A Class A license shall authorize a company to engage in any type 8641
of alarm contracting. An applicant for a Class A license shall 8642
submit the following to the State Fire Marshal: 8643
(a) Documentation that the company is an entity duly 8644
authorized to conduct business within this state. 8645
(b) Documentation that the company holds a general 8646
liability and errors and omissions insurance policy, or a surety 8647
bond, in an amount not less than Three Hundred Thousand Dollars 8648
($300,000.00). 8649
(c) Documentation that the company carries a current 8650
and valid workers' compensation insurance policy as required by 8651
state law. 8652
(d) The name of the person who will serve as the 8653
designated agent of the company. 8654
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(e) For a company applying for a Class A license, 8655
evidence that the company has at least one (1) employee who holds 8656
a Class B license at each of its operating locations. 8657
(f) A statement that no officer or principal has been 8658
convicted of a * * * disqualifying crime as provided in the Fresh 8659
Start Act, has received a first-time offender pardon for a * * * 8660
disqualifying crime as provided in the Fresh Start Act, or has 8661
entered a plea of guilty or nolo contendere to a * * * 8662
disqualifying crime as provided in the Fresh Start Act. 8663
(g) The application fee authorized by this chapter. 8664
(h) Documentation that the company is located within 8665
the physical boundaries of the state. 8666
(i) Beginning on July 1, 2014, in order to assist the 8667
Office of the State Fire Marshal in determining an applicant's 8668
suitability for a license under this chapter, a Class A applicant, 8669
upon request from the State Fire Marshal, shall submit a set of 8670
fingerprints for all officers and principals with the submission 8671
of an application for license or at such time as deemed necessary 8672
by the State Fire Marshal. The Office of the State Fire Marshal 8673
shall forward the fingerprints to the Department of Public Safety 8674
for the purpose of conducting a criminal history record check. If 8675
no disqualifying record is identified at the state level, the 8676
fingerprints shall be forwarded by the Department of Public Safety 8677
to the Federal Bureau of Investigation for a national criminal 8678
history record check. Fees related to the criminal history record 8679
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applicability of.
check shall be paid by the applicant to the State Fire Marshal and 8680
the monies from such fees shall be deposited in the special fund 8681
in the State Treasury designated as the Electronic Protection 8682
Licensing Fund. 8683
(j) The name of each company providing monitoring 8684
services. 8685
(3) If the action by the State Fire Marshal is to nonrenew 8686
or to deny an application for license, the State Fire Marshal 8687
shall notify the applicant or licensee and advise, in writing, the 8688
applicant or licensee of the reason for the denial or nonrenewal 8689
of the applicant's or licensee's license. The applicant or 8690
licensee may make written demand upon the State Fire Marshal 8691
within ten (10) days for a hearing before the State Fire Marshal 8692
to determine the reasonableness of the State Fire Marshal's 8693
action. The hearing shall be held within thirty (30) days. 8694
SECTION 99. Section 73-69-9, Mississippi Code of 1972, is 8695
amended as follows: 8696
73-69-9. (1) Any entity desiring to engage in alarm 8697
contracting shall hold a Class A Alarm Contracting Business 8698
license issued by the State Fire Marshal. 8699
(2) If the State Fire Marshal finds that a company has met 8700
the requirements of licensing, he shall issue a Class A license to 8701
engage in alarm contracting to that company upon payment of the 8702
license fee authorized by this chapter. Such license shall 8703
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applicability of.
include the name of the designated agent of the alarm contracting 8704
company as applicable. 8705
(3) Each alarm contracting company shall be physically 8706
located within the boundaries of the state and shall clearly 8707
display its license in a conspicuous location at its place of 8708
business. 8709
(4) Each alarm contracting company shall employ a Class B 8710
license holder. 8711
(5) The designated agent of an alarm contracting company 8712
shall notify the State Fire Marshal within ten (10) days of the 8713
following: 8714
(a) Any change in the business address of the company. 8715
(i) Any change in ownership of or interest in the 8716
company. 8717
(ii) Any owner, partner or other principal with an 8718
interest in the company, which has been convicted of a * * * 8719
disqualifying crime as provided in the Fresh Start Act or entered 8720
a plea of guilty or nolo contendere to such a * * * charge or 8721
received a first-time offender pardon. 8722
(b) Any change in the employment of a person holding an 8723
individual license. 8724
(c) A change of the company providing monitoring 8725
services. 8726
(6) In the event of the death of its designated agent or his 8727
separation from the company for any other reason, an alarm 8728
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applicability of.
contracting company shall name another qualified owner or manager 8729
as its designated agent within ninety (90) days and shall notify 8730
the State Fire Marshal of such designation within ten (10) days. 8731
(7) Each alarm contracting company doing business in the 8732
state shall be open for inspection by the State Fire Marshal or 8733
his designated representative at any reasonable time for the 8734
purpose of observation and collection of facts and data relating 8735
to proper enforcement of this chapter. No person acting on behalf 8736
of an alarm contracting company shall refuse to admit the State 8737
Fire Marshal or his designated representative to an operating 8738
location. 8739
(8) Client records must be maintained for inspection by the 8740
State Fire Marshal for a three-year period. 8741
SECTION 100. Section 73-69-11, Mississippi Code of 1972, is 8742
amended as follows: 8743
73-69-11. (1) Any person employed by an alarm contracting 8744
company shall hold an individual license issued by the State Fire 8745
Marshal. Such license shall authorize its holder to engage in 8746
alarm contracting, only to the extent of the terms as further 8747
provided in this chapter. 8748
(2) Such application shall be accompanied by: 8749
(a) Two (2) suitable photographs of the applicant 8750
acceptable to the State Fire Marshal. The State Fire Marshal 8751
shall keep one (1) photograph on file and shall make the other 8752
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applicability of.
photograph a part of any license subsequently issued to the 8753
applicant. 8754
(b) Documentation that the applicant meets educational 8755
requirements applicable to the type of license for which he is 8756
applying, as follows: 8757
(i) For a Class B license: a minimum of 8758
Electronic Security Association, Level 2 A and Level 2 B Burglar 8759
Alarm training course or the Electronic Security Association, Fire 8760
Alarm Installation Methods and Advanced Intrusion Systems training 8761
courses, or equivalent training approved by the State Fire 8762
Marshal, and documentation proving residency within a radius of 8763
one hundred fifty (150) miles of the office to which he is 8764
assigned. 8765
(ii) For a Class C license: a minimum of 8766
Electronic Security Association Level 1 Certified Alarm/Security 8767
Technician training course, or equivalent training approved by the 8768
State Fire Marshal. 8769
(iii) For a Class D license: a minimum of 8770
Electronic Security Association, Understanding Electronic Security 8771
Systems training course, or equivalent training approved by the 8772
State Fire Marshal. 8773
(iv) For a Class H license: application by a 8774
Class B or Class C license holder that they will provide direct 8775
supervision of the Class H licensee. 8776
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(c) (i) A statement by the applicant that he has not 8777
been convicted of a * * * disqualifying crime as provided in the 8778
Fresh Start Act, received a first-time offender pardon for a * * * 8779
disqualifying crime as provided in the Fresh Start Act, or entered 8780
a plea of guilty or nolo contendere to a * * * disqualifying crime 8781
as provided in the Fresh Start Act. * * * 8782
(ii) A conviction or a plea of guilty or nolo 8783
contendere to a * * * disqualifying crime as provided in the Fresh 8784
Start Act or receipt of a first-time offender pardon shall not 8785
constitute an automatic disqualification as otherwise required 8786
pursuant to subparagraph (i) if ten (10) or more years have 8787
elapsed between the date of application and the successful 8788
completion or service of any sentence, deferred adjudication or 8789
period of probation or parole. 8790
(iii) Subparagraph (ii) shall not apply to any 8791
person convicted of a felony crime of violence or a sex offense as 8792
defined within the Mississippi Criminal Code. 8793
(d) The State Fire Marshal shall have the authority to 8794
conduct criminal history verification on a local, state or 8795
national level. Beginning on July 1, 2014, in order to assist the 8796
Office of the State Fire Marshal in determining an applicant's 8797
suitability for a license under this chapter, an applicant shall 8798
submit a set of fingerprints with the submission of an application 8799
for license. The Office of the State Fire Marshal shall forward 8800
the fingerprints to the Department of Public Safety for the 8801
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purpose of conducting a criminal history record check. If no 8802
disqualifying record is identified at the state level, the 8803
fingerprints shall be forwarded by the Department of Public Safety 8804
to the Federal Bureau of Investigation for a national criminal 8805
history record check. Fees related to the criminal history record 8806
check shall be paid by the applicant to the State Fire Marshal and 8807
the monies from such fees shall be deposited in the special fund 8808
in the State Treasury designated as the Electronic Protection 8809
Licensing Fund. 8810
(e) The application fee authorized by this chapter. 8811
(3) The State Fire Marshal shall have the authority to 8812
determine if information submitted by an applicant is in a form 8813
acceptable to him. The State Fire Marshal shall verify or have 8814
another entity verify information submitted by each applicant. 8815
(4) If the State Fire Marshal finds that an applicant has 8816
met the applicable requirements of the alarm licensing law, he 8817
shall issue the appropriate type of license to the applicant upon 8818
payment of the license fee authorized by this chapter. 8819
(5) Each individual license holder shall maintain his 8820
license on his person while engaging in any type of alarm 8821
contracting as applicable. Each such license holder shall present 8822
his license for inspection upon demand by an employee of the 8823
Office of the State Fire Marshal or a law enforcement officer. 8824
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(6) Each individual license holder shall notify the State 8825
Fire Marshal, on a form specified and provided by the State Fire 8826
Marshal, within ten (10) days of the following: 8827
(a) Any change in business or home address. 8828
(b) Any separation from an employer or change in 8829
employer. 8830
(c) Any conviction for a * * * disqualifying crime as 8831
provided in the Fresh Start Act. 8832
(7) No individual licensed under this chapter shall contract 8833
for his services as an independent contractor or agent without 8834
applying for and being issued a Class A license per Section 8835
73-69-9. No alarm contracting company shall contract for the 8836
independent services of a holder of an individual license under 8837
this section. 8838
(8) The State Fire Marshal may enter into reciprocal 8839
agreements with other states for mutual recognition of individual 8840
license holders, if the State Fire Marshal has established the 8841
criteria for acceptance of reciprocal agreements by rule or 8842
regulation. The issuance of a license by reciprocity to a 8843
military-trained applicant, military spouse or person who 8844
establishes residence in this state shall be subject to the 8845
provisions of Section 73-50-1 or 73-50-2, as applicable. 8846
(9) If the action by the State Fire Marshal is to nonrenew 8847
or to deny an application for license, the State Fire Marshal 8848
shall notify the applicant or licensee and advise, in writing, the 8849
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applicant or licensee of the reason for the denial or nonrenewal 8850
of the applicant's or licensee's license. The applicant or 8851
licensee may make written demand upon the State Fire Marshal 8852
within ten (10) days for a hearing before the State Fire Marshal 8853
to determine the reasonableness of the State Fire Marshal's 8854
action. The hearing shall be held within thirty (30) days. 8855
SECTION 101. Section 73-71-19, Mississippi Code of 1972, is 8856
amended as follows: 8857
73-71-19. (1) No person shall be licensed to practice 8858
acupuncture unless he or she has passed an examination and/or has 8859
been found to have the necessary qualifications as prescribed in 8860
the regulations adopted by the board. 8861
(2) Before any applicant is eligible for an examination or 8862
qualification, he or she shall furnish satisfactory proof that he 8863
or she: 8864
(a) Is a citizen or permanent resident of the United 8865
States; 8866
(b) Has demonstrated proficiency in the English 8867
language; 8868
(c) Is at least twenty-one (21) years of age; 8869
* * * 8870
( * * *d) Has completed a program of acupuncture and 8871
has received a certificate or diploma from an institute approved 8872
by the board, according to the provisions of this chapter; 8873
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( * * *e) Has completed a clinical internship training 8874
as approved by the board; and 8875
( * * *f) Has received training in cardiopulmonary 8876
resuscitation (CPR). 8877
(3) The board may hold an examination at least once a year, 8878
and all applicants shall be notified in writing of the date and 8879
time of all examinations. The board may use a NCCAOM examination 8880
if it deems that national examination to be sufficient to qualify 8881
a practitioner for licensure in this state. In no case shall the 8882
state's own examination be less rigorous than the nationally 8883
recognized examination. 8884
(4) In addition to the written examination, if the 8885
nationally recognized examination does not provide a suitable 8886
practical examination comparable to board standards, the board 8887
shall examine each applicant in the practical application of 8888
Oriental medical diagnostic and treatment techniques in a manner 8889
and by methods that reveal the applicant's skill and knowledge. 8890
(5) The board shall require all qualified applicants to be 8891
examined in the following subjects: 8892
(a) Anatomy and physiology; 8893
(b) Pathology; 8894
(c) Diagnosis; 8895
(d) Hygiene, sanitation and sterilization techniques; 8896
(e) All major acupuncture principles, practices and 8897
techniques; and 8898
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(f) Clean Needle Technique Exam. 8899
(6) To assist the board in conducting its licensure 8900
investigation, all applicants shall undergo a fingerprint-based 8901
criminal history records check of the Mississippi central criminal 8902
database and the Federal Bureau of Investigation criminal history 8903
database. Each applicant shall submit a full set of the 8904
applicant's fingerprints in a form and manner prescribed by the 8905
board, which shall be forwarded to the Mississippi Department of 8906
Public Safety (department) and the Federal Bureau of Investigation 8907
Identification Division for this purpose. Any and all state or 8908
national criminal history records information obtained by the 8909
board that is not already a matter of public record shall be 8910
deemed nonpublic and confidential information restricted to the 8911
exclusive use of the board, its members, officers, investigators, 8912
agents and attorneys in evaluating the applicant's eligibility or 8913
disqualification for licensure, and shall be exempt from the 8914
Mississippi Public Records Act of 1983. Except when introduced 8915
into evidence in a hearing before the board to determine 8916
licensure, no such information or records related thereto shall, 8917
except with the written consent of the applicant or by order of a 8918
court of competent jurisdiction, be released or otherwise 8919
disclosed by the board to any other person or agency. The board 8920
shall provide to the department the fingerprints of the applicant, 8921
any additional information that may be required by the department, 8922
and a form signed by the applicant consenting to the check of the 8923
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criminal records and to the use of the fingerprints and other 8924
identifying information required by the state or national 8925
repositories. The board shall charge and collect from the 8926
applicant, in addition to all other applicable fees and costs, 8927
such amount as may be incurred by the board in requesting and 8928
obtaining state and national criminal history records information 8929
on the applicant. 8930
(7) The board shall issue a license to every applicant whose 8931
application has been filed with and approved by the board and who 8932
has paid the required fees and who either: 8933
(a) Has passed the board's written examination and 8934
practical examination, with a score of not less than seventy 8935
percent (70%) on each examination; or 8936
(b) Has achieved a passing score on a board approved 8937
nationally recognized examination, which examination includes a 8938
written and practical portion, as determined by the board; or 8939
(c) Has received certification from a board approved 8940
national certification process; or 8941
(d) Has achieved a passing score on a board approved 8942
nationally recognized written examination and has passed the 8943
board's practical examination with a score of not less than 8944
seventy percent (70%). 8945
(8) The board shall keep a record of all examinations held, 8946
together with the names and addresses of all persons taking 8947
examinations, and the examination results. Within forty-five (45) 8948
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days after the examination, the board shall give written notice of 8949
the results of the examination to each applicant. 8950
SECTION 102. Section 73-71-33, Mississippi Code of 1972, is 8951
amended as follows: 8952
73-71-33. The following acts constitute grounds for which 8953
the board may initiate disciplinary actions: 8954
(a) Attempting to obtain, or renewing a license to 8955
practice acupuncture by bribery or misinterpretation; 8956
(b) Having a license to practice acupuncture revoked, 8957
suspended, or otherwise acted against, including the denial of 8958
licensure by the licensing authority of another state or territory 8959
for reasons that would preclude licensure in this state; 8960
(c) Being convicted or found guilty, regardless of 8961
adjudication, in any jurisdiction of a * * * disqualifying crime 8962
as provided in the Fresh Start Act or a crime that directly 8963
relates to acupuncture. For the purposes of this paragraph, a 8964
plea of guilty or a plea of nolo contendere accepted by the court 8965
shall be considered as a conviction; 8966
(d) Advertising, practicing, or attempting to practice 8967
under a name other than one's own; 8968
(e) The use of advertising or solicitation that is 8969
false or misleading; 8970
(f) Aiding, assisting, procuring, employing or 8971
advertising an unlicensed person to practice acupuncture contrary 8972
to this chapter or a rule of the board; 8973
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(g) Failing to perform any statutory or legal 8974
obligation placed upon an acupuncture practitioner; 8975
(h) Making or filing a report that the licensee knows 8976
to be false, intentionally or negligently failing to file a report 8977
required by state or federal law, willfully impeding or 8978
obstructing that filing or inducing another person to do so. 8979
Those reports shall include only those that are signed in the 8980
capacity of an acupuncture practitioner; 8981
(i) Exercising coercion, intimidation or undue 8982
influence in entering into sexual relations with a patient, or 8983
continuing the patient-practitioner relationship with a patient 8984
with whom the licensee has sexual relations, if those sexual 8985
relations cause the licensee to perform services incompetently. 8986
This paragraph shall not apply to sexual relations between 8987
acupuncture practitioners and their spouses; 8988
(j) Making deceptive, untrue or fraudulent 8989
misrepresentations in the practice of acupuncture; 8990
(k) Soliciting patients, either personally or through 8991
an agent, through the use of fraud, intimidation or undue 8992
influence, or a form of overreaching conduct; 8993
(l) Failing to keep written medical records justifying 8994
the course of treatment of the patient; 8995
(m) Exercising undue influence on the patient to 8996
exploit the patient for financial gain of the licensee or of a 8997
third party; 8998
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(n) Being unable to practice acupuncture with 8999
reasonable skill and safety to patients by reason of illness or 9000
intemperate use of alcohol, drugs, narcotics, chemicals, or any 9001
other type of material or as a result of any mental or physical 9002
condition; 9003
(o) Malpractice or the failure to practice acupuncture 9004
to that level of care, skill and treatment that is recognized by a 9005
reasonably prudent similar practitioner of acupuncture as being 9006
acceptable under similar conditions and circumstances; 9007
(p) Practicing or offering to practice beyond the scope 9008
permitted by law or accepting or performing professional 9009
responsibilities that the licensee knows or has reason to know 9010
that he or she is not qualified by training, experience or 9011
certification to perform; 9012
(q) Delegating professional responsibilities to a 9013
person when the licensee delegating those responsibilities knows, 9014
or has reason to know, that the person is not qualified by 9015
training, experience or licensure to perform them; 9016
(r) Violating any provision of this chapter, a rule of 9017
the board, or a lawful order of the board previously entered in a 9018
disciplinary hearing or failing to comply with a lawfully issued 9019
subpoena of the board; 9020
(s) Conspiring with another to commit an act, or 9021
committing an act, that coerces, intimidates or precludes another 9022
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licensee from lawfully advertising or providing his or her 9023
services; 9024
(t) Fraud or deceit, or gross negligence, incompetence 9025
or misconduct in the operation of a course of study; 9026
(u) Failing to comply with state, county or municipal 9027
regulations or reporting requirements relating to public health 9028
and the control of contagious and infectious disease; 9029
(v) Failing to comply with any rule of the board 9030
relating to health and safety, including, but not limited to, 9031
sterilization of equipment and the disposal of potentially 9032
infectious materials; 9033
(w) Incompetence, gross negligence or other malpractice 9034
in the practice of acupuncture; 9035
(x) Aiding the unlawful practice of acupuncture; 9036
(y) Fraud or dishonesty in the application or reporting 9037
of any test for disease; 9038
(z) Failure to report, as required by law, or making 9039
false or misleading report of, any contagious or infectious 9040
disease; 9041
(aa) Failure to keep accurate patient records; or 9042
(bb) Failure to permit the board or its agents to enter 9043
and inspect acupuncture premises and equipment as set by rules 9044
promulgated by the board. 9045
SECTION 103. Section 73-73-7, Mississippi Code of 1972, is 9046
amended as follows: 9047
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73-73-7. (1) Beginning on July 1, 2012, the board and 9048
Interior Design Advisory Committee shall receive applications for 9049
certification as a Mississippi Certified Interior Designer on 9050
forms prescribed and furnished by the board and IDAC. 9051
(2) Upon receipt of an application, the board, upon the 9052
recommendation of IDAC, may approve the application, provided the 9053
applicant meets one (1) of the following requirements: 9054
(a) The applicant passed the IDQE as administered by 9055
NCIDQ before January 1, 2012; 9056
(b) The applicant has a degree in interior design from 9057
a program accredited by the CIDA, a degree in architecture from a 9058
program accredited by the National Architectural Accreditation 9059
Board (NAAB), or a four-year degree in interior design from a 9060
college or university approved by the regulatory board. 9061
Additionally, the applicant must have passed the IDQE as 9062
administered by NCIDQ or its approved successor; 9063
(c) The applicant is a licensed architect in the State 9064
of Mississippi who has passed the IDQE as administered by NCIDQ or 9065
its approved successor; or 9066
(d) The applicant is a licensed engineer in the State 9067
of Mississippi who has passed the IDQE as administered by NCIDQ or 9068
its approved successor. 9069
(3) The applicant must exhibit to the regulatory board and 9070
IDAC the applicant's good standing in the profession * * *. 9071
Except as otherwise provided in this subsection, any of the 9072
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following acts shall preclude an applicant's eligibility as a 9073
candidate for certification: 9074
(a) Conviction by any court for commission of any * * * 9075
disqualifying crime as provided in the Fresh Start Act. 9076
(b) Conviction by any court of a misdemeanor involving 9077
fraud, deceit or misrepresentation. 9078
(c) Misstatement or misrepresentation of fact by the 9079
applicant in connection with the applicant's application for 9080
certification in this state or another jurisdiction. 9081
(d) Violation of any of the rules of conduct required 9082
of applicants or interior designers as adopted by the board. 9083
If the board determines that the applicant has shown clear 9084
and convincing evidence of rehabilitation and reform, the board 9085
may certify an applicant otherwise precluded from consideration 9086
because of an act prohibited under this subsection. A decision to 9087
certify an applicant notwithstanding the applicant's violation of 9088
an act prohibited under this subsection is in the sole discretion 9089
of the board and upon such terms, conditions and evidence as the 9090
board may require. 9091
(4) The board and IDAC may require that the applicant appear 9092
before the board for a personal interview. 9093
(5) The board, upon the recommendation of IDAC, may adopt or 9094
develop alternate routes of eligibility and examination 9095
requirements based on standards as set forth by NCIDQ or its 9096
approved successor. 9097
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(6) Any application submitted to the board and IDAC may be 9098
denied for any violation of the provisions of this chapter. 9099
SECTION 104. Section 73-75-13, Mississippi Code of 1972, is 9100
amended as follows: 9101
73-75-13. Eligibility for license. To be eligible for 9102
licensure by the board as a behavior analyst or assistant behavior 9103
analyst, a person shall: 9104
(a) Submit to the board an application, upon such form 9105
and in such manner as the board shall prescribe, along with the 9106
applicable fee and personal references; 9107
(b) Certify that the applicant has not been convicted 9108
of a * * * disqualifying crime as provided in the Fresh Start Act 9109
as defined by the laws of the State of Mississippi; 9110
(c) Undergo a fingerprint-based criminal history 9111
records check of the Mississippi central criminal database and the 9112
Federal Bureau of Investigation criminal history database. Each 9113
applicant shall submit a full set of the applicant's fingerprints 9114
in a form and manner prescribed by the board, which shall be 9115
forwarded to the Mississippi Department of Public Safety and the 9116
Federal Bureau of Investigation Identification Division for this 9117
purpose; and 9118
(d) For a behavior analyst: 9119
(i) Possess at least a master's degree, or its 9120
equivalent, from an educational institution recognized by the 9121
board; 9122
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(ii) Have current and active certification by the 9123
Behavior Analyst Certification Board as a Board Certified Behavior 9124
Analyst (BCBA) or Board Certified Behavior Analyst-Doctoral 9125
(BCBA-D), verified by the board; and 9126
(iii) Comply with such other requirements of the 9127
board. 9128
(e) For an assistant behavior analyst: 9129
(i) Possess a bachelor's degree, or its 9130
equivalent, from an educational institution recognized by the 9131
board; 9132
(ii) Have current and active certification by the 9133
Behavior Analyst Certification Board as a Board Certified 9134
Assistant Behavior Analyst (BCABA), verified by the board; and 9135
(iii) Provide proof of ongoing supervision by a 9136
licensed behavior analyst. 9137
(f) All licenses issued pursuant to this section shall 9138
be for a term of three (3) years, but shall not exceed the 9139
expiration of the licensee's certification by the Behavior Analyst 9140
Certification Board. 9141
SECTION 105. Section 73-75-19, Mississippi Code of 1972, is 9142
amended as follows: 9143
73-75-19. License denial, suspension, or revocation. (1) 9144
The board, by an affirmative vote of at least three (3) of its 9145
five (5) members, shall withhold, deny, revoke or suspend any 9146
license issued or applied for in accordance with the provisions of 9147
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this chapter, or otherwise discipline a licensed behavior analyst 9148
or licensed assistant behavior analyst upon finding that the 9149
applicant or licensee: 9150
(a) Has violated the current Behavior Analyst 9151
Certification Board Professional Disciplinary and Ethical 9152
Standards, the Behavior Analyst Certification Board Guidelines for 9153
Responsible Conduct for Behavior Analysts, or other codes of 9154
ethical standards adopted by the board, or has lost or failed to 9155
renew certification by the Behavior Analyst Certification Board; 9156
or 9157
(b) Has been convicted of a * * * disqualifying crime 9158
as provided in the Fresh Start Act, the record of conviction being 9159
conclusive evidence thereof; or 9160
(c) Is using any narcotic or any alcoholic beverage to 9161
an extent or in a manner dangerous to any other person or the 9162
public, or to an extent that such use impairs his ability to 9163
perform the work of a licensed behavior analyst or licensed 9164
assistant behavior analyst; or 9165
(d) Has impersonated another person holding a license 9166
issued under this chapter or allowed another person to use his 9167
license; or 9168
(e) Has used fraud or deception in applying for a 9169
license provided for in this chapter; or 9170
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(f) Has accepted commissions or rebates or other forms 9171
of remuneration for referring clients to other professional 9172
persons; or 9173
(g) Has allowed his name or license issued under this 9174
chapter to be used in connection with any person or persons who 9175
perform applied behavior analysis services outside the area of 9176
their training, experience or competence; or 9177
(h) Is legally adjudicated mentally incompetent, the 9178
record of such adjudication being conclusive evidence thereof; or 9179
(i) Has willfully or negligently violated any of the 9180
provisions of this chapter. 9181
(2) The board may recover from any person disciplined under 9182
this chapter the costs of investigation, prosecution, and 9183
adjudication of the disciplinary action. 9184
(3) Notice shall be effected by registered mail or personal 9185
service setting forth the particular reasons for the proposed 9186
action and fixing a date not less than thirty (30) days nor more 9187
than sixty (60) days from the date of such mailing or such 9188
service, at which time the applicant or licensee shall be given an 9189
opportunity for a prompt and fair hearing. For the purpose of 9190
such hearing the board, acting by and through its executive 9191
secretary, may exercise all authority granted to conduct 9192
investigations and hearings pursuant to Section 73-75-9(2)(a) and 9193
(b). At such hearing the applicant or licensee may appear by 9194
counsel and personally on his own behalf. On the basis of any 9195
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applicability of.
such hearing, or upon default of applicant or licensee, the board 9196
shall make a determination specifying its findings of fact and 9197
conclusions of law. A copy of such determination shall be sent by 9198
registered mail or served personally upon the applicant or 9199
licensee. The decision of the board denying, revoking or 9200
suspending the license shall become final thirty (30) days after 9201
so mailed or served unless within that period the licensee appeals 9202
the decision to the Chancery Court of Madison or Rankin Counties, 9203
pursuant to the provisions hereof, and the proceedings in chancery 9204
shall be conducted as other matters coming before the court. All 9205
proceedings and evidence, together with exhibits, presented at 9206
such hearing before the board in the event of appeal, shall be 9207
admissible in evidence in the court. 9208
(4) Nothing in this subsection shall be interpreted to 9209
prohibit the board from immediately suspending any license prior 9210
to a hearing under subsection (3) of this section, when in its 9211
sole discretion the suspension is required for the instruction, 9212
safety or well-being of any member of the public. 9213
(5) Every order and judgment of the board shall take effect 9214
immediately upon its promulgation unless the board in such order 9215
or judgment fixes a probationary period for applicant or licensee. 9216
Such order and judgment shall continue in effect unless upon 9217
appeal the court by proper order or decree terminates it earlier. 9218
The board may make public its order and judgments in such manner 9219
and form as it deems proper. 9220
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(6) Suspension by the board of a license issued under this 9221
chapter shall be for a period not to exceed one (1) year. At the 9222
end of this period the board shall reevaluate the suspension, and 9223
shall either reinstate or revoke the license. A person whose 9224
license has been revoked under the provisions of this section may 9225
reapply for license after more than two (2) years have elapsed 9226
from the date such revocation is legally effective. 9227
(7) In addition to the reasons specified in subsection (1) 9228
of this section, the board shall be authorized to suspend the 9229
license of any licensee for being out of compliance with an order 9230
for support, in compliance with the procedures set forth in 9231
Sections 93-11-151 through 93-11-163. 9232
SECTION 106. Section 75-27-305, Mississippi Code of 1972, is 9233
amended as follows: 9234
75-27-305. (1) A citizen of the United States or a person 9235
who has declared his or her intention of becoming such a citizen, 9236
who is a resident of the State of Mississippi, not less than 9237
twenty-one (21) years of age, * * * who has the ability to weigh 9238
accurately and to make correct weight certificates, and who has 9239
received from the commissioner a license as a bonded weighmaster, 9240
shall be styled and authorized to act as a bonded weighmaster. 9241
(2) The commissioner may adopt rules and regulations for 9242
determining the qualifications of the applicant for license as a 9243
bonded weighmaster. The commissioner may pass upon the 9244
qualifications of the applicant upon the basis of the information 9245
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supplied in the application, may examine such applicant orally or 9246
in writing, or both, for the purpose of determining his or her 9247
qualifications. The commissioner shall grant licenses to such 9248
applicants as may be found to possess the qualifications required 9249
herein. The commissioner shall keep a record of all such 9250
applications and of all licenses issued thereon. 9251
SECTION 107. Section 75-57-49, Mississippi Code of 1972, is 9252
amended as follows: 9253
75-57-49. (1) Before any person shall be granted a permit 9254
to, or shall engage in or continue in the business of the 9255
distributing, either wholesale or retail, installing, altering, 9256
extending, changing or repairing of any liquefied compressed gas 9257
system, appliance or container, or in the business of distributing 9258
and selling liquefied compressed gas, either at wholesale or 9259
retail, whether from trucks or other vessels, in cylinders or in 9260
any other manner, such person shall satisfy the State Liquefied 9261
Compressed Gas Board that he or she is * * * competent to transact 9262
business so as to safeguard the interest of the public, and is 9263
financially responsible; and this provision as to financial 9264
responsibility shall be met by such person by filing with the 9265
State Liquefied Compressed Gas Board evidence that he or she has 9266
in force such of the hereinafter listed insurance policies on 9267
standard contract forms and written by an insurance company, or 9268
companies, qualified to do business in the State of Mississippi, 9269
as the State Liquefied Compressed Gas Board shall require, based 9270
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upon those activities listed above in which such person is 9271
engaged, to wit: 9272
ANY PERSON THAT ENGAGES IN FILLING CYLINDERS AND MOTOR FUEL 9273
TANKS WITH LIQUEFIED COMPRESSED GAS ON THEIR PREMISES OR ANY 9274
PERSON WHO IS IN THE BUSINESS OF INSTALLING LC GAS CARBURETION OR 9275
APPLIANCES: 9276
Limits of Liability 9277
Each 9278
Occasion Aggregate 9279
Manufacturers and Contractors 9280
Public Liability $100,000 $300,000 9281
Products Liability $100,000 $300,000 9282
Workers' Compensation and 9283
Employers' Liability 9284
Insurance State Statute 9285
ANY PERSON THAT ENGAGES IN ANY PHASE OF THE LIQUEFIED 9286
COMPRESSED GAS BUSINESS OTHER THAN CYLINDER-FILLING LOCATIONS: 9287
Limits of Liability 9288
Bodily Injury Property 9289
Each Each Damage Each 9290
Person Accident Accident 9291
Automobile Public Liability $500,000 $1,000,000 $1,000,000 9292
Each 9293
Occasion Aggregate 9294
Manufacturers and Contractors 9295
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Public Liability $1,000,000 $1,000,000 9296
Products Liability $1,000,000 $1,000,000 9297
Workers' Compensation and 9298
Employers' Liability 9299
Insurance State Statute 9300
(2) The State Liquefied Compressed Gas Board shall not 9301
require insurance coverage as specified above unless the hazard of 9302
liquefied compressed gases is involved. 9303
(3) No policy issued under the provisions of this chapter 9304
may be cancelled before thirty (30) days from the date of receipt 9305
by the Commissioner of Insurance of written notice of intention to 9306
cancel the policy. 9307
(4) * * * However, * * * in lieu of filing with the State 9308
Liquefied Compressed Gas Board evidence that such insurance, as 9309
outlined above, is in force, any such person may file with the 9310
State Liquefied Compressed Gas Board a good and sufficient surety 9311
bond executed by a surety company licensed to do business in this 9312
state in the amount of One Million Dollars ($1,000,000.00), which 9313
such bond shall be payable to the State of Mississippi and shall 9314
be conditioned to guarantee the payment of all damages which 9315
proximately result from any act of negligence on the part of such 9316
person, or their agents or employees, while engaged in any of the 9317
activities herein specified. In lieu of the surety bond, any such 9318
person may execute and file a good and sufficient personal bond in 9319
the amount and conditioned as specified above, which such personal 9320
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bond shall be secured by bonds or other obligations of the State 9321
of Mississippi or the United States government, of equal value. 9322
(5) Upon compliance with the provisions of this section, 9323
where such compliance is required, and upon compliance with all 9324
other provisions of this chapter, the State Liquefied Compressed 9325
Gas Board shall issue to such dealer a permit to engage in such 9326
business, but not before. All such permits shall be valid until 9327
voluntarily surrendered, or until suspended, revoked or cancelled 9328
by the State Liquefied Compressed Gas Board, the Commissioner of 9329
Insurance or the chancery or circuit court. All permits issued 9330
under the provisions of Chapter 170, Laws of 1940, as amended, or 9331
Chapter 265, Laws of 1946, shall remain in full force and effect 9332
until the expiration date thereof at which time they must be 9333
renewed under the terms and conditions of this chapter. 9334
SECTION 108. Section 75-59-1, Mississippi Code of 1972, is 9335
amended as follows: 9336
75-59-1. No person, firm or corporation shall contract to 9337
furnish correspondence courses to persons within the state unless 9338
such person, firm or corporation shall have obtained a permit from 9339
the Office of the Secretary of State, either (a) the State 9340
Department of Education, (b) the Mississippi Community College 9341
Board, or (c) the Board of Trustees of State Institutions of 9342
Higher Learning, whichever is appropriate, and the Office of the 9343
Attorney General. An application for a permit shall be made on 9344
forms furnished by the Secretary of State, the State Department of 9345
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Education, the Mississippi Community College Board or the Board of 9346
Trustees of State Institutions of Higher Learning, as the case may 9347
be, and the Attorney General and such application shall designate 9348
an agent for the service of summons within the state; shall 9349
contain the name and address of the applicant; the type of courses 9350
offered with a brief summary of the course of studies offered; and 9351
one (1) copy of all textbooks or other teaching aids and training 9352
materials which are incorporated in the course of study shall be 9353
filed with said application. The applicant shall pay the 9354
Secretary of State a fee of Two Hundred Fifty Dollars ($250.00). 9355
The applicant shall file a bond with his application in the sum of 9356
Fifty Thousand Dollars ($50,000.00) conditioned to satisfy any 9357
judgment rendered by a court of competent jurisdiction, in favor 9358
of any person who has sustained damages as a result of the breach 9359
of a contract of instruction by the permittee. Such bond shall be 9360
executed by the permittee and a resident surety company qualified 9361
to transact business within the state. Such permit shall be valid 9362
for one (1) year from the date thereof. Suits against the 9363
permittee and his surety may be brought in the county where the 9364
plaintiff resides, or the county where the defendant has his 9365
principal place of business, or where his resident agent resides. 9366
This chapter shall not apply to any business school or business 9367
college holding a current certificate or license issued under the 9368
applicable law of this state. In addition, this chapter shall not 9369
apply to religious instructions offered by a recognized church 9370
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denomination; provided, however, that no fee or charge of any kind 9371
whatever may be levied or collected directly or indirectly for 9372
such instructions or certificates issued in connection therewith 9373
or incidental thereto. * * * 9374
SECTION 109. Section 75-60-19, Mississippi Code of 1972, is 9375
amended as follows: 9376
75-60-19. (1) The Commission on Proprietary School and 9377
College Registration may suspend, revoke or cancel a certificate 9378
of registration for any one (1) or any combination of the 9379
following causes: 9380
(a) Violation of any provision of the sections of this 9381
chapter or any regulation made by the commission; 9382
(b) The furnishing of false, misleading or incomplete 9383
information requested by the commission; 9384
(c) The signing of an application or the holding of a 9385
certificate of registration by a person who has pleaded guilty or 9386
has been found guilty of a * * * disqualifying crime as provided 9387
in the Fresh Start Act * * *; 9388
(d) The signing of an application or the holding of a 9389
certificate of registration by a person who is addicted to the use 9390
of any narcotic drug, or who is found to be mentally incompetent; 9391
(e) Violation of any commitment made in an application 9392
for a certificate of registration; 9393
(f) Presentation to prospective students of misleading, 9394
false or fraudulent information relating to the course of 9395
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instruction, employment opportunity, or opportunities for 9396
enrollment in accredited institutions of higher education after 9397
entering or completing courses offered by the holder of a 9398
certificate of registration; 9399
(g) Failure to provide or maintain premises or 9400
equipment for offering courses of instruction in a safe and 9401
sanitary condition; 9402
(h) Refusal by an agent to display his agent permit 9403
upon demand of a prospective student or other interested person; 9404
(i) Failure to maintain financial resources adequate 9405
for the satisfactory conduct of courses of study as presented in 9406
the plan of operation or to retain a sufficient number and 9407
qualified staff of instruction; however nothing in this chapter 9408
shall require an instructor to be certificated by the Commission 9409
on Proprietary School and College Registration or to hold any type 9410
of post-high school degree; 9411
(j) Offering training or courses of instruction other 9412
than those presented in the application; however, schools may 9413
offer special courses adapted to the needs of individual students 9414
where the special courses are in the subject field specified in 9415
the application; 9416
(k) Accepting the services of an agent not licensed in 9417
accordance with Sections 75-60-23 through 75-60-37, inclusive; 9418
(l) Conviction or a plea of nolo contendere on the part 9419
of any owner, operator or director of a registered school of 9420
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any * * * disqualifying crime as provided in the Fresh Start Act 9421
under Mississippi law or the law of another jurisdiction; 9422
(m) Continued employment of a teacher or instructor who 9423
has been convicted of or entered a plea of nolo contendere to 9424
any * * * disqualifying crime as provided in the Fresh Start Act 9425
under Mississippi law or the law of another jurisdiction; 9426
(n) Incompetence of any owner or operator to operate a 9427
school. 9428
(2) (a) Any person who believes he has been aggrieved by a 9429
violation of this section shall have the right to file a written 9430
complaint within two (2) years of the alleged violation. The 9431
commission shall maintain a written record of each complaint that 9432
is made. The commission shall also send to the complainant a form 9433
acknowledging the complaint and requesting further information if 9434
necessary and shall advise the director of the school that a 9435
complaint has been made and, where appropriate, the nature of the 9436
complaint. 9437
(b) The commission shall within twenty (20) days of 9438
receipt of such written complaint commence an investigation of the 9439
alleged violation and shall, within ninety (90) days of the 9440
receipt of such written complaint, issue a written finding. The 9441
commission shall furnish such findings to the person who filed the 9442
complaint and to the chief operating officer of the school cited 9443
in the complaint. If the commission finds that there has been a 9444
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violation of this section, the commission shall take appropriate 9445
action. 9446
(c) Schools shall disclose in writing to all 9447
prospective and current students their right to file a complaint 9448
with the commission. 9449
(d) The existence of an arbitration clause in no way 9450
negates the student's right to file a complaint with the 9451
commission. 9452
(e) The commission may initiate an investigation 9453
without a complaint. 9454
(3) Hearing procedures. (a) Upon a finding that there is 9455
good cause to believe that a school, or an officer, agent, 9456
employee, partner or teacher, has committed a violation of 9457
subsection (1) of this section, the commission shall initiate 9458
proceedings by serving a notice of hearing upon each and every 9459
such party subject to the administrative action. The school or 9460
such party shall be given reasonable notice of hearing, including 9461
the time, place and nature of the hearing and a statement 9462
sufficiently particular to give notice of the transactions or 9463
occurrences intended to be proved, the material elements of each 9464
cause of action and the civil penalties and/or administrative 9465
sanctions sought. 9466
(b) Opportunity shall be afforded to the party to 9467
respond and present evidence and argument on the issues involved 9468
in the hearing including the right of cross-examination. In a 9469
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hearing, the school or such party shall be accorded the right to 9470
have its representative appear in person or by or with counsel or 9471
other representative. Disposition may be made in any hearing by 9472
stipulation, agreed settlement, consent order, default or other 9473
informal method. 9474
(c) The commission shall designate an impartial hearing 9475
officer to conduct the hearing, who shall be empowered to: 9476
(i) Administer oaths and affirmations; and 9477
(ii) Regulate the course of the hearings, set the 9478
time and place for continued hearings, and fix the time for filing 9479
of briefs and other documents; and 9480
(iii) Direct the school or such party to appear 9481
and confer to consider the simplification of the issues by 9482
consent; and 9483
(iv) Grant a request for an adjournment of the 9484
hearing only upon good cause shown. 9485
The strict legal rules of evidence shall not apply, but the 9486
decision shall be supported by substantial evidence in the record. 9487
(4) The commission, acting by and through its hearing 9488
officer, is * * * authorized and empowered to issue subpoenas for 9489
the attendance of witnesses and the production of books and papers 9490
at such hearing. Process issued by the commission shall extend to 9491
all parts of the state and shall be served by any person 9492
designated by the commission for such service. Where, in any 9493
proceeding before the hearing officer, any witness fails or 9494
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refuses to attend upon a subpoena issued by the commission, 9495
refuses to testify, or refuses to produce any books and papers the 9496
production of which is called for by a subpoena, the attendance of 9497
such witness, the giving of his testimony or the production of the 9498
books and papers shall be enforced by any court of competent 9499
jurisdiction of this state in the manner provided for the 9500
enforcement of attendance and testimony of witnesses in civil 9501
cases in the courts of this state. 9502
(5) Decision after hearing. The hearing officer shall make 9503
written findings of fact and conclusions of law, and shall also 9504
recommend in writing to the commission a final decision, including 9505
penalties. The hearing officer shall mail a copy of his findings 9506
of fact, conclusions of law and recommended penalty to the party 9507
and his attorney, or representative. The commission shall make 9508
the final decision, which shall be based exclusively on evidence 9509
and other materials introduced at the hearing. If it is 9510
determined that a party has committed a violation, the commission 9511
shall issue a final order and shall impose penalties in accordance 9512
with this section. The commission shall send by certified mail, 9513
return receipt requested, a copy of the final order to the party 9514
and his attorney, or representative. The commission shall, at the 9515
request of the school or such party, furnish a copy of the 9516
transcript or any part thereof upon payment of the cost thereof. 9517
(6) Civil penalties and administrative sanctions. (a) A 9518
hearing officer may recommend, and the commission may impose, a 9519
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civil penalty not to exceed Two Thousand Five Hundred Dollars 9520
($2,500.00) for any violation of this section. In the case of a 9521
second or further violation committed within the previous five (5) 9522
years, the liability shall be a civil penalty not to exceed Five 9523
Thousand Dollars ($5,000.00) for each such violation. 9524
(b) Notwithstanding the provisions of paragraph (a) of 9525
this subsection, a hearing officer may recommend and the 9526
commission may impose a civil penalty not to exceed Twenty-five 9527
Thousand Dollars ($25,000.00) for any of the following violations: 9528
(i) operation of a school without a registration in violation of 9529
this chapter; (ii) operation of a school knowing that the school's 9530
registration has been suspended or revoked; (iii) use of false, 9531
misleading, deceptive or fraudulent advertising; (iv) employment 9532
of recruiters on the basis of a commission, bonus or quota, except 9533
as authorized by the commission; (v) directing or authorizing 9534
recruiters to offer guarantees of jobs upon completion of a 9535
course; (vi) failure to make a tuition refund when such failure is 9536
part of a pattern of misconduct; or (vii) violation of any other 9537
provision of this chapter, or any rule or regulation promulgated 9538
pursuant thereto, when such violation constitutes part of a 9539
pattern of misconduct which significantly impairs the educational 9540
quality of the program or programs being offered by the school. 9541
For each enumerated offense, a second or further violation 9542
committed within the previous five (5) years shall be subject to a 9543
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civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) 9544
for each such violation. 9545
(c) In addition to the penalties authorized in 9546
paragraphs (a) and (b) of this subsection, a hearing officer may 9547
recommend and the commission may impose any of the following 9548
administrative sanctions: (i) a cease and desist order; (ii) a 9549
mandatory direction; (iii) a suspension or revocation of a 9550
certificate of registration; (iv) a probation order; or (v) an 9551
order of restitution. 9552
(d) The commission may suspend a registration upon the 9553
failure of a school to pay any fee, fine or penalty as required by 9554
this chapter unless such failure is determined by the commission 9555
to be for good cause. 9556
(e) All civil penalties, fines and settlements received 9557
shall accrue to the credit of the Commission on Proprietary School 9558
and College Registration. 9559
(7) Any penalty or administrative sanction imposed by the 9560
commission under this section may be appealed by the school, 9561
college or other person affected to the Mississippi Community 9562
College Board as provided in Section 75-60-4(3), which appeal 9563
shall be on the record previously made before the commission's 9564
hearing officer. All appeals from the Mississippi Community 9565
College Board shall be on the record and shall be filed in the 9566
Chancery Court of the First Judicial District of Hinds County, 9567
Mississippi. 9568
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SECTION 110. Section 75-60-31, Mississippi Code of 1972, is 9569
amended as follows: 9570
75-60-31. No agent permit shall be issued pursuant to 9571
Section 75-60-25 to any person found by the Commission on 9572
Proprietary School and College Registration * * * to have been 9573
convicted of a disqualifying crime as provided in the Fresh Start 9574
Act. 9575
SECTION 111. Section 75-60-33, Mississippi Code of 1972, is 9576
amended as follows: 9577
75-60-33. Any agent permit issued may be revoked by the 9578
Commission on Proprietary School and College Registration if the 9579
holder of the permit solicits or enrolls students through fraud, 9580
deception or misrepresentation * * *. 9581
The Commission on Proprietary School and College Registration 9582
shall hold informal conferences pursuant to Section 75-60-19 with 9583
an agent believed to be in violation of one or more of the above 9584
conditions. If these conferences fail to eliminate the agent's 9585
objectionable practices or procedures, the commission shall hold a 9586
public hearing. A record of such proceedings shall be taken and 9587
appeals to the commission shall be upon such record, except as may 9588
be provided by rules and regulations to be adopted by the 9589
commission. Nothing said or done in the informal conferences 9590
shall be disclosed by the staff of the commission nor be used as 9591
evidence in any subsequent proceedings. 9592
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SECTION 112. Section 75-67-323, Mississippi Code of 1972, is 9593
amended as follows: 9594
75-67-323. (1) To be eligible for a pawnbroker license, an 9595
applicant shall: 9596
(a) Operate lawfully and fairly within the purposes of 9597
this article; 9598
(b) Not have been convicted of a * * * disqualifying 9599
crime as provided in the Fresh Start Act or be active as a 9600
beneficial owner for someone who has been convicted of a * * * 9601
disqualifying crime as provided in the Fresh Start Act; 9602
(c) File with the commissioner a bond with good 9603
security in the penal sum of Ten Thousand Dollars ($10,000.00), 9604
payable to the State of Mississippi for the faithful performance 9605
by the licensee of the duties and obligations pertaining to the 9606
business so licensed and the prompt payment of any judgment which 9607
may be recovered against such licensee on account of damages or 9608
other claim arising directly or collaterally from any violation of 9609
the provisions of this article; such bond shall not be valid until 9610
it is approved by the commissioner; such applicant may file, in 9611
lieu thereof, cash, a certificate of deposit, or government bonds 9612
in the amount of Ten Thousand Dollars ($10,000.00); such deposit 9613
shall be filed with the commissioner and is subject to the same 9614
terms and conditions as are provided for in the surety bond 9615
required herein; any interest or earnings on such deposits are 9616
payable to the depositor; 9617
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(d) File with the commissioner an application 9618
accompanied by the initial license fee required in this article; 9619
(e) Submit a set of fingerprints from any local law 9620
enforcement agency. In order to determine the applicant's 9621
suitability for license, the commissioner shall forward the 9622
fingerprints to the Department of Public Safety; and if no 9623
disqualifying record is identified at the state level, the 9624
fingerprints shall be forwarded by the Department of Public Safety 9625
to the FBI for a national criminal history record check. 9626
(2) Every licensee shall post his license in a conspicuous 9627
place at each place of business. 9628
(3) Every licensee shall post and display a sign which 9629
measures at least twenty (20) inches by twenty (20) inches in a 9630
conspicuous place and in easy view of all persons who enter the 9631
place of business. The sign shall display bold, blocked letters, 9632
easily readable, with the following information: "This pawnshop 9633
is licensed and regulated by the Mississippi Department of Banking 9634
and Consumer Finance. If you encounter any unresolved problem 9635
with a transaction at this location, you are entitled to 9636
assistance. Please call or write: Mississippi Department of 9637
Banking and Consumer Finance, Post Office Drawer 23729, Jackson, 9638
MS 39225-3729; Phone 1-800-844-2499." 9639
(4) From and after December 1, 2010, each application for an 9640
initial license shall include evidence of the satisfactory 9641
completion of at least six (6) hours of approved prelicensing 9642
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education, and each application for renewal shall include evidence 9643
of the satisfactory completion of at least six (6) hours of 9644
approved continuing education, by the owners or designated 9645
representative in pawnbroker transactions. Two (2) of the six (6) 9646
hours shall consist of instruction on the Mississippi Pawnshop Act 9647
and shall be approved by the department once the course is 9648
approved by the Mississippi Pawnbrokers Association or the 9649
National Pawnbrokers Association. 9650
SECTION 113. Section 75-67-421, Mississippi Code of 1972, is 9651
amended as follows: 9652
75-67-421. (1) To be eligible for a title pledge lender 9653
license, an applicant shall: 9654
(a) Operate lawfully and fairly within the purposes of 9655
this article; 9656
(b) Not have been convicted of a * * * disqualifying 9657
crime as provided in the Fresh Start Act or be active as a 9658
beneficial owner for someone who has been convicted of a * * * 9659
disqualifying crime as provided in the Fresh Start Act; 9660
(c) File with the commissioner a bond with good 9661
security in the penal sum of Fifty Thousand Dollars ($50,000.00) 9662
for each location at which the applicant proposes to engage in the 9663
business of title pledge lending, but in no event shall the 9664
aggregate amount of the bond for all locations per applicant 9665
exceed Two Hundred Fifty Thousand Dollars ($250,000.00) and no 9666
more than Fifty Thousand Dollars ($50,000.00) shall be payable or 9667
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recoverable on the bond for each location; the bond shall be 9668
payable to the State of Mississippi for the faithful performance 9669
by the licensee of the duties and obligations pertaining to the 9670
business so licensed and the prompt payment of any judgment which 9671
may be recovered against the licensee on account of damages or 9672
other claim arising directly or collaterally from any violation of 9673
the provisions of this article; the bond shall not be valid until 9674
it is approved by the commissioner; the applicant may file, in 9675
lieu thereof, cash, a certificate of deposit or government bonds 9676
in the amount of Twenty-five Thousand Dollars ($25,000.00) for 9677
each location at which the applicant proposes to engage in the 9678
business of title pledge lending, but in no event shall the 9679
aggregate amount of the cash, certificate of deposit or government 9680
bonds for all locations per applicant exceed Two Hundred Fifty 9681
Thousand Dollars ($250,000.00) and no more than Twenty-five 9682
Thousand Dollars ($25,000.00) shall be payable or recoverable on 9683
the cash, certificate of deposit or government bonds for each 9684
location; the deposit of the cash, certificate of deposit or 9685
government bonds shall be filed with the commissioner and is 9686
subject to the same terms and conditions as are provided for in 9687
the surety bond required herein; any interest or earnings on such 9688
deposits are payable to the depositor * * *; 9689
(d) File with the commissioner an application 9690
accompanied by a set of fingerprints from any local law 9691
enforcement agency, and the initial license fee required in this 9692
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applicability of.
article. In order to determine the applicant's suitability for 9693
license, the commissioner shall forward the fingerprints to the 9694
Department of Public Safety; and if no disqualifying record is 9695
identified at the state level, the fingerprints shall be forwarded 9696
by the Department of Public Safety to the FBI for a national 9697
criminal history record check. 9698
(2) Upon the filing of an application in a form prescribed 9699
by the commissioner, accompanied by the fee and documents required 9700
in this article, the department shall investigate to ascertain 9701
whether the qualifications prescribed by this article have been 9702
satisfied. If the commissioner finds that the qualifications have 9703
been satisfied and, if he approves the documents so filed by the 9704
applicant, he shall issue to the applicant a license to engage in 9705
the business of title pledge lending in this state. 9706
(3) Complete and file with the commissioner an annual 9707
renewal application accompanied by the renewal fee required in 9708
this article. 9709
(4) The license shall be kept conspicuously posted in the 9710
place of business of the licensee. 9711
SECTION 114. Section 75-67-509, Mississippi Code of 1972, is 9712
amended as follows: 9713
75-67-509. To be eligible for a check casher license, an 9714
applicant shall: 9715
(a) Operate lawfully and fairly within the purposes of 9716
this article. 9717
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(b) Not have been convicted of a * * * disqualifying 9718
crime as provided in the Fresh Start Act or be active as a 9719
beneficial owner for someone who has been convicted of a * * * 9720
disqualifying crime as provided in the Fresh Start Act. 9721
(c) File with the commissioner a bond with good 9722
security in the penal sum of Ten Thousand Dollars ($10,000.00), 9723
payable to the State of Mississippi for the faithful performance 9724
by the licensee of the duties and obligations pertaining to the 9725
business so licensed and the prompt payment of any judgment which 9726
may be recovered against the licensee on account of charges or 9727
other claims arising directly or collectively from any violation 9728
of the provisions of this article. The bond shall not be valid 9729
until it is approved by the commissioner. The applicant may file, 9730
in lieu of the bond, cash, a certificate of deposit or government 9731
bonds in the amount of Ten Thousand Dollars ($10,000.00). Those 9732
deposits shall be filed with the commissioner and are subject to 9733
the same terms and conditions as are provided for in the surety 9734
bond required in this paragraph. Any interest or earnings on 9735
those deposits are payable to the depositor. 9736
(d) File with the commissioner an application for a 9737
license and the initial license fee required in this article. If 9738
applicant's application is approved, a check casher license will 9739
be issued within thirty (30) days. 9740
(e) Submit a set of fingerprints from any local law 9741
enforcement agency. In order to determine the applicant's 9742
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suitability for license, the commissioner shall forward the 9743
fingerprints to the Department of Public Safety; and if no 9744
disqualifying record is identified at the state level, the 9745
fingerprints shall be forwarded by the Department of Public Safety 9746
to the FBI for a national criminal history record check. 9747
(f) Complete and file with the commissioner an annual 9748
renewal application for a license accompanied by the renewal fee 9749
required in this article. 9750
SECTION 115. Section 75-67-521, Mississippi Code of 1972, is 9751
amended as follows: 9752
75-67-521. (1) The commissioner may, after notice and 9753
hearing, suspend or revoke a license if he finds that: 9754
(a) The licensee, either knowingly, or without the 9755
exercise of due care to prevent the same, has violated any 9756
provision of this article; 9757
(b) Any fact or condition exists which, if it had 9758
existed or had been known to exist at the time of the original 9759
application for the license, clearly would have justified the 9760
commissioner in refusing the license; 9761
(c) The licensee has aided, abetted or conspired with 9762
an individual or person to circumvent or violate the requirements 9763
of this article; 9764
(d) The licensee, or a legal or beneficial owner of the 9765
license, has been convicted of a * * * disqualifying crime as 9766
provided in the Fresh Start Act. 9767
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(2) The commissioner may conditionally license or place on 9768
probation a person whose license has been suspended or may 9769
reprimand a licensee for a violation of this article. 9770
(3) The manner of giving notice and conducting a hearing as 9771
required by subsection (1) of this section shall be performed in 9772
accordance with procedures prescribed by the commissioner in rules 9773
or regulations adopted under Mississippi Administrative Procedures 9774
Law, Section 25-43-1 et seq. 9775
(4) Any licensee may surrender any license by delivering it 9776
to the commissioner with written notice of its surrender, but that 9777
surrender shall not affect the licensee's civil or criminal 9778
liability for acts committed prior thereto. 9779
(5) The commissioner may reinstate suspended licenses or 9780
issue new licenses to a person whose license or licenses have been 9781
revoked if no fact or condition then exists which clearly would 9782
have justified the commissioner in refusing originally to issue a 9783
license under this article. 9784
(6) The appropriate local law enforcement agency shall be 9785
notified of any licensee who has his license suspended or revoked 9786
as provided by this article. 9787
(7) The commissioner shall enforce the provisions of this 9788
section. 9789
SECTION 116. Section 75-67-609, Mississippi Code of 1972, is 9790
amended as follows: 9791
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75-67-609. To be eligible for a credit availability license, 9792
an applicant shall: 9793
(a) Operate lawfully and fairly within the purposes of 9794
this article. 9795
(b) Not have been convicted in the last ten (10) years 9796
or be active as a beneficial owner for someone who has been 9797
convicted in the last ten (10) years of a disqualifying crime that 9798
the commissioner finds directly relates to the duties and 9799
responsibilities of the business of offering credit availability 9800
transactions as provided in the Fresh Start Act. 9801
(c) File with the commissioner a bond with good 9802
security in the penal sum of Ten Thousand Dollars ($10,000.00), 9803
payable to the State of Mississippi, for the faithful performance 9804
by the licensee of the duties and obligations pertaining to the 9805
business so licensed and the prompt payment of any judgment which 9806
may be recovered against the licensee on account of charges or 9807
other claims arising directly or collectively from any violation 9808
of the provisions of this article. The bond shall not be valid 9809
until the commissioner approves it. The applicant may file, in 9810
lieu of the bond, cash, a certificate of deposit or government 9811
bonds in the amount of Ten Thousand Dollars ($10,000.00). Those 9812
deposits shall be filed with the commissioner and are subject to 9813
the same terms and conditions as are provided for in the surety 9814
bond required in this paragraph. Any interest or earnings on 9815
those deposits are payable to the depositor. Applicants applying 9816
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for multiple licenses may submit a single bond for all licenses, 9817
provided that the total value of the bond is equal to Ten Thousand 9818
Dollars ($10,000.00) per license applied for. 9819
(d) File with the commissioner an application for a 9820
license and the initial license fee required in this article. If 9821
applicant's application is approved, a credit availability license 9822
will be issued within thirty (30) days. 9823
(e) File with the commissioner a set of fingerprints 9824
from any local law enforcement agency for each owner of a sole 9825
proprietorship, partners in a partnership or principal owners of a 9826
limited liability company that own at least ten percent (10%) of 9827
the voting shares of the company, shareholders owning ten percent 9828
(10%) or more of the outstanding shares of the corporation, except 9829
publically traded corporations and their subsidiaries, and any 9830
other executive officer with significant oversight duties of the 9831
business. In order to determine the applicant's suitability for 9832
license, the commissioner shall forward the fingerprints to the 9833
Department of Public Safety; and if no disqualifying record is 9834
identified at the state level, the Department of Public Safety 9835
shall forward the fingerprints to the FBI for a national criminal 9836
history record check. 9837
(f) Complete and file with the commissioner an annual 9838
renewal application for a license accompanied by the renewal fee 9839
required in this article. 9840
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SECTION 117. Section 75-76-34, Mississippi Code of 1972, is 9841
amended as follows: 9842
75-76-34. (1) Except as otherwise provided in this section, 9843
the Mississippi Gaming Commission is authorized to regulate all 9844
schools or training institutions that teach or train gaming 9845
employees. No such school shall be located on publicly owned 9846
property, other than property under the jurisdiction of the Board 9847
of Trustees of State Institutions of Higher Learning or a public 9848
community college. Except as authorized under this section, no 9849
public school shall teach or train persons to be gaming employees. 9850
The gaming educational activities of schools or training 9851
institutions regulated by the commission and of state institutions 9852
of higher learning and public community colleges shall be deemed 9853
to be legal under the laws of the State of Mississippi. Any 9854
person desiring to operate a school or training institution other 9855
than a state institution of higher learning or public community 9856
college must file a license application with the executive 9857
director to be licensed by the commission. 9858
(2) The commission may adopt regulations it deems necessary 9859
to regulate schools and training institutions other than state 9860
institutions of higher learning and public community colleges. 9861
These regulations shall, without limiting the general powers of 9862
the commission, include the following: 9863
(a) Prescribing the method and form of application 9864
which any applicant for a school or training institution must 9865
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follow and complete before consideration of his application by the 9866
executive director or commission. 9867
(b) Prescribing the information to be furnished by the 9868
applicant relating to his employees. 9869
(c) Requiring fingerprinting of the applicant, 9870
employees and students of the school or institution or other 9871
methods of identification and the forwarding of all fingerprints 9872
taken pursuant to regulation of the Federal Bureau of 9873
Investigation. 9874
(d) Requiring any applicant to pay all or part of the 9875
fees and costs of investigation of the applicant as may be 9876
determined by the commission. 9877
(e) Prescribing the manner and method of collection and 9878
payment of fees and costs and issuance of licenses to schools or 9879
training institutions. 9880
(f) Prescribing under what conditions a licensee 9881
authorized by this section may be deemed subject to revocation or 9882
suspension of his license. 9883
(g) Defining the curriculum of the school or training 9884
institution, the games and devices permitted, the use of tokens 9885
only for instruction purposes, and the method of operation of 9886
games and devices. 9887
(h) Requiring the applicant to submit its location of 9888
the school or training institution, which shall be at least four 9889
hundred (400) feet from any church, school, kindergarten or 9890
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funeral home. However, within an area zoned commercial or 9891
business, the minimum distance shall not be less than one hundred 9892
(100) feet. 9893
(i) Requiring that all employees and students of the 9894
school or training institution be at least twenty-one (21) years 9895
of age. 9896
(j) Requiring all employees and students of the school 9897
or training institution to wear identification cards issued by the 9898
commission while on the premises of the school or training 9899
institution. 9900
(k) Requiring the commission to investigate each 9901
applicant, employee and student and determine that the individual 9902
does not fall within any one (1) of the following categories: 9903
(i) Is under indictment for, or has been convicted 9904
in any court of, a * * * disqualifying crime as provided in the 9905
Fresh Start Act; 9906
(ii) Is a fugitive from justice; 9907
(iii) Is an unlawful user of any controlled 9908
substance, is addicted to any controlled substance or alcoholic 9909
beverage, or is an habitual drunkard; 9910
(iv) Is a mental defective, has been committed to 9911
a mental institution, or has been voluntarily committed to a 9912
mental institution on more than one (1) occasion; 9913
(v) Has been discharged from the Armed Forces 9914
under dishonorable conditions; or 9915
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(vi) Has been found at any time by the executive 9916
director or commission to have falsified any information. 9917
(3) State institutions of higher learning and community 9918
colleges may offer credited courses specifically relating to 9919
gaming management, including, but not limited to, courses that 9920
provide instruction in accounting, hospitality, marketing, 9921
auditing, finance, procurement, security and regulatory 9922
requirements in fulfillment of a degree in general business 9923
management, hotel and motel management, food and beverage 9924
management, gaming management, accounting or criminal justice. 9925
State institutions of higher learning and community colleges are 9926
not subject to regulation by the commission for the purposes of 9927
this subsection. The courses authorized by this subsection may be 9928
offered only in those counties where gaming is legally being 9929
conducted and where the institution is located. 9930
(4) State institutions of higher learning and public 9931
community colleges may offer courses related to casino hospitality 9932
services, cage and count operations, and slot machine maintenance. 9933
Slot machine maintenance training may be performed only on 9934
equipment approved by the commission for training purposes only. 9935
State institutions of higher learning and public community 9936
colleges are not subject to regulation by the commission for the 9937
purposes of this subsection. The courses authorized by this 9938
subsection may be offered only in those counties where gaming is 9939
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legally being conducted and where the institution or community 9940
college is located. 9941
SECTION 118. Section 75-76-35, Mississippi Code of 1972, is 9942
amended as follows: 9943
75-76-35. (1) The Legislature * * * declares that the 9944
exclusion or ejection of certain persons from licensed gaming 9945
establishments is necessary to effectuate the policies of this 9946
chapter and to maintain effectively the strict regulation of 9947
licensed gaming. 9948
(2) The commission may by regulation provide for the 9949
establishment of a list of persons who are to be excluded or 9950
ejected from any licensed gaming establishment. The list may 9951
include any person whose presence in the establishment is 9952
determined by the commission or the executive director to pose a 9953
threat to the interests of this state or to licensed gaming, or 9954
both. 9955
(3) In making that determination, the commission and the 9956
executive director may consider any: 9957
(a) Prior conviction of a crime which is a * * * 9958
disqualifying crime as provided in the Fresh Start Act or a 9959
violation of the gaming laws of any state; 9960
(b) Violation or conspiracy to violate the provisions 9961
of this chapter relating to: 9962
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(i) The failure to disclose an interest in a 9963
gaming establishment for which the person must obtain a license; 9964
or 9965
(ii) Willful evasion of fees or taxes; 9966
(c) * * * Conduct which would adversely affect public 9967
confidence and trust that the gaming industry is free from 9968
criminal or corruptive elements; or 9969
(d) Written order of a governmental agency which 9970
authorizes the exclusion or ejection of the person from an 9971
establishment at which gaming is conducted. 9972
(4) Race, color, creed, national origin or ancestry, or sex 9973
shall not be grounds for placing the name of a person upon the 9974
list. 9975
SECTION 119. Section 75-76-67, Mississippi Code of 1972, is 9976
amended as follows: 9977
75-76-67. (1) Any person who the commission determines is 9978
qualified to receive a license or be found suitable under the 9979
provisions of this chapter, having due consideration for the 9980
proper protection of the health, safety, morals, good order and 9981
general welfare of the inhabitants of the State of Mississippi and 9982
the declared policy of this state, may be issued a state gaming 9983
license or found suitable. The burden of proving his 9984
qualification to receive any license or be found suitable is on 9985
the applicant. 9986
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(2) An application to receive a license or be found suitable 9987
shall not be granted unless the commission is satisfied that the 9988
applicant is: 9989
(a) A person of * * * honesty and integrity; 9990
(b) A person whose prior activities, criminal record, 9991
if any, reputation, habits and associations do not pose a threat 9992
to the public interest of this state or to the effective 9993
regulation and control of gaming, or create or enhance the dangers 9994
of unsuitable, unfair or illegal practices, methods and activities 9995
in the conduct of gaming or the carrying on of the business and 9996
financial arrangements incidental thereto; and 9997
(c) In all other respects qualified to be licensed or 9998
found suitable consistent with the declared laws of the state. 9999
(3) No person shall be granted a license or found suitable 10000
under the provisions of this chapter who has been convicted of 10001
a * * * disqualifying crime as provided in the Fresh Start Act in 10002
any court of this state, another state, or the United 10003
States; * * * and no person shall be granted a license or found 10004
suitable under the provisions of this chapter who has been 10005
convicted of a misdemeanor in any court of this state or of 10006
another state, when such conviction was for gambling, sale of 10007
alcoholic beverages to minors, prostitution, or procuring or 10008
inducing individuals to engage in prostitution. 10009
(4) A license to operate a gaming establishment shall not be 10010
granted unless the applicant has satisfied the commission that: 10011
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(a) He has adequate business probity, competence and 10012
experience, in gaming or generally; and 10013
(b) The proposed financing of the entire operation is: 10014
(i) Adequate for the nature of the proposed 10015
operation; and 10016
(ii) From a suitable source. Any lender or other 10017
source of money or credit which the commission finds does not meet 10018
the standards set forth in subsection (2) may be deemed 10019
unsuitable. 10020
(5) An application to receive a license or be found suitable 10021
constitutes a request for a determination of the applicant's 10022
general * * * integrity and ability to participate or engage in, 10023
or be associated with gaming. Any written or oral statement made 10024
in the course of an official proceeding of the commission or the 10025
executive director or any witness testifying under oath which is 10026
relevant to the purpose of the proceeding is absolutely privileged 10027
and does not impose liability for defamation or constitute a 10028
ground for recovery in any civil action. 10029
(6) The commission may, in its discretion, grant a license 10030
to a corporation which has complied with the provisions of this 10031
chapter. 10032
(7) The commission may, in its discretion, grant a license 10033
to a limited partnership which has complied with the provisions of 10034
this chapter. 10035
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(8) No limited partnership, except one whose sole limited 10036
partner is a publicly traded corporation which has registered with 10037
the commission, or business trust or organization or other 10038
association of a quasi-corporate character is eligible to receive 10039
or hold any license under this chapter unless all persons having 10040
any direct or indirect interest therein of any nature whatsoever, 10041
whether financial, administrative, policymaking or supervisory, 10042
are individually qualified to be licensed under the provisions of 10043
this chapter. 10044
(9) The commission may, by regulation, limit the number of 10045
persons who may be financially interested and the nature of their 10046
interest in any corporation or other organization or association 10047
licensed under this chapter, and may establish such other 10048
qualifications of licenses as the commission, in its discretion, 10049
deems to be in the public interest and consistent with the 10050
declared policy of the state. 10051
SECTION 120. Section 75-76-103, Mississippi Code of 1972, is 10052
amended as follows: 10053
75-76-103. (1) The executive director shall make 10054
appropriate investigations: 10055
(a) To determine whether there has been any violation 10056
of this chapter or of any regulations adopted thereunder. 10057
(b) To determine any facts, conditions, practices or 10058
matters which it may deem necessary or proper to aid in the 10059
enforcement of any such law or regulation. 10060
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(c) To aid in adopting regulations. 10061
(d) To secure information as a basis for recommending 10062
legislation relating to this chapter. 10063
(2) If after any investigation the executive director is 10064
satisfied that a license, registration, finding of suitability, or 10065
prior approval by the commission of any transaction for which 10066
approval was required or permitted under the provisions of this 10067
chapter should be limited, conditioned, suspended or revoked, he 10068
shall initiate a hearing by filing a complaint with the commission 10069
and transmit therewith a summary of evidence in his possession 10070
bearing on the matter and the transcript of testimony at any 10071
investigative hearing conducted by or on behalf of the executive 10072
director to the licensee. 10073
(3) Upon receipt of the complaint of the executive director, 10074
the commission shall review all matter presented in support 10075
thereof and shall appoint a hearing examiner to conduct further 10076
proceedings. 10077
(4) After such proceedings as may be required by this 10078
chapter the hearing examiner may recommend that the commission 10079
take any or all of the following actions: 10080
(a) Limit, condition, suspend or revoke the license of 10081
any licensed gaming establishment or the individual license of any 10082
licensee without affecting the license of the establishment; 10083
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(b) Limit, condition, suspend or revoke any 10084
registration, finding of suitability, or prior approval given or 10085
granted to any applicant by the commission; 10086
(c) Order a licensed gaming establishment to keep an 10087
individual licensee from the premises of the licensed gaming 10088
establishment or not to pay the licensee any remuneration for 10089
services or any profits, income or accruals on his investment in 10090
the licensed gaming establishment; and 10091
(d) Fine each person or entity or both, who was 10092
licensed, registered or found suitable or who previously obtained 10093
approval for any act or transaction for which commission approval 10094
was required or permitted, not more than One Hundred Thousand 10095
Dollars ($100,000.00) for each separate violation of the 10096
provisions of this chapter or of the regulations of the commission 10097
which is the subject of an initial complaint and not more than Two 10098
Hundred Fifty Thousand Dollars ($250,000.00) for each separate 10099
violation of the provisions of this chapter or of the regulations 10100
of the commission which is the subject of any subsequent 10101
complaint. 10102
(5) The hearing examiner shall prepare a written decision 10103
containing his recommendation to the commission and shall serve it 10104
on all parties. Any party that disagrees with the hearing 10105
examiner's recommendation may ask the commission to review the 10106
recommendation within ten (10) days of service of the 10107
recommendation. The commission may hold a hearing to consider the 10108
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recommendation whether there has been a request to review the 10109
recommendation or not. 10110
(6) If the commission decides to review the recommendation, 10111
it shall give notice of that fact to all parties within thirty 10112
(30) days of the recommendation and shall schedule a hearing to 10113
review the recommendation. The commission's review shall be de 10114
novo but shall be based upon the evidence presented before the 10115
hearing examiner. The commission may remand the case to the 10116
hearing examiner for the presentation of additional evidence upon 10117
a showing of good cause why the evidence could not have been 10118
presented at the previous hearing. 10119
(7) If the commission decides not to review the 10120
recommendation within thirty (30) days, the recommendation becomes 10121
the final order of the commission. 10122
(8) If the commission limits, conditions, suspends or 10123
revokes any license or imposes a fine, or limits, conditions, 10124
suspends or revokes any registration, finding of suitability, or 10125
prior approval, it shall issue its written order therefor after 10126
causing to be prepared and filed the hearing examiner's written 10127
decision upon which the order is based. 10128
(9) Any such limitation, condition, revocation, suspension 10129
or fine so made is effective until reversed upon judicial review, 10130
except that the commission may stay its order pending a rehearing 10131
or judicial review upon such terms and conditions as it deems 10132
proper. 10133
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(10) Judicial review of any such order or decision of the 10134
commission may be had in accordance with the provisions of this 10135
chapter. 10136
(11) A license or finding of suitability for any individual 10137
is automatically revoked if such person is convicted of a * * * 10138
disqualifying crime as provided in the Fresh Start Act in any 10139
court of this state, another state, or the United States or if 10140
such person is convicted of a crime in any court of another state 10141
or the United States which, if committed in this state, would be 10142
a * * * disqualifying crime as provided in the Fresh Start Act. 10143
Any appeal from such conviction shall not act as a supersedeas to 10144
the revocation required by this subsection. 10145
SECTION 121. Section 75-76-131, Mississippi Code of 1972, is 10146
amended as follows: 10147
75-76-131. (1) The executive director shall: 10148
(a) Ascertain and keep himself informed of the 10149
identity, prior activities and present location of all gaming 10150
employees in the State of Mississippi; and 10151
(b) Maintain confidential records of such information. 10152
(2) No person may be employed as a gaming employee unless he 10153
is the holder of a work permit issued by the commission. 10154
(3) A work permit issued to a gaming employee must have 10155
clearly imprinted thereon a statement that it is valid for gaming 10156
purposes only. 10157
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(4) Application for a work permit is to be made to the 10158
executive director and may be granted or denied for any cause 10159
deemed reasonable by the commission. Whenever the executive 10160
director denies such an application, he shall include in the 10161
notice of the denial a statement of the facts upon which he relied 10162
in denying the application. 10163
(5) Any person whose application for a work permit has been 10164
denied by the executive director may, not later than sixty (60) 10165
days after receiving notice of the denial or objection, apply to 10166
the commission for a hearing before a hearing examiner. A failure 10167
of a person whose application has been denied to apply for a 10168
hearing within sixty (60) days or his failure to appear at a 10169
hearing conducted pursuant to this section shall be deemed to be 10170
an admission that the denial or objection is well founded and 10171
precludes administrative or judicial review. At the hearing, the 10172
hearing examiner appointed by the commission shall take any 10173
testimony deemed necessary. After the hearing the hearing 10174
examiner shall within thirty (30) days after the date of the 10175
hearing announce his decision sustaining or reversing the denial 10176
of the work permit or the objection to the issuance of a work 10177
permit. The executive director may refuse to issue a work permit 10178
if the applicant has: 10179
(a) Failed to disclose, misstated or otherwise 10180
attempted to mislead the commission with respect to any material 10181
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fact contained in the application for the issuance or renewal of a 10182
work permit; 10183
(b) Knowingly failed to comply with the provisions of 10184
this chapter or the regulations of the commission at a place of 10185
previous employment; 10186
(c) Committed, attempted or conspired to commit any 10187
crime of * * * embezzlement or larceny or any violation of any law 10188
pertaining to gaming, or any crime which is * * * a disqualifying 10189
crime as provided in the Fresh Start Act; 10190
(d) Been identified in the published reports of any 10191
federal or state legislative or executive body as being a member 10192
or associate of organized crime * * *; 10193
(e) Been placed and remains in the constructive custody 10194
of any federal, state or municipal law enforcement authority; 10195
(f) Had a work permit revoked or committed any act 10196
which is a ground for the revocation of a work permit or would 10197
have been a ground for revoking his work permit if he had then 10198
held a work permit; or 10199
(g) For any other reasonable cause. 10200
The executive director shall refuse to issue a work permit if 10201
the applicant has committed, attempted or conspired to commit a 10202
crime which is a * * * disqualifying crime as provided in the 10203
Fresh Start Act in this state or an offense in another state or 10204
jurisdiction which would be a * * * disqualifying crime as 10205
provided in the Fresh Start Act if committed in this state. 10206
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(6) Any applicant aggrieved by the decision of the hearing 10207
examiner may, within fifteen (15) days after the announcement of 10208
the decision, apply in writing to the commission for review of the 10209
decision. Review is limited to the record of the proceedings 10210
before the hearing examiner. The commission may sustain or 10211
reverse the hearing examiner's decision. The commission may 10212
decline to review the hearing examiner's decision, in which case 10213
the hearing examiner's decision becomes the final decision of the 10214
commission. The decision of the commission is subject to judicial 10215
review. 10216
(7) All records acquired or compiled by the commission 10217
relating to any application made pursuant to this section and all 10218
lists of persons to whom work permits have been issued or denied 10219
and all records of the names or identity of persons engaged in the 10220
gaming industry in this state are confidential and must not be 10221
disclosed except in the proper administration of this chapter or 10222
to an authorized law enforcement agency. Any record of the 10223
commission which shows that the applicant has been convicted of a 10224
disqualifying crime in another state must show whether the crime 10225
was a misdemeanor, gross misdemeanor, felony or other class of 10226
crime as classified by the state in which the crime was committed. 10227
In a disclosure of the conviction, reference to the classification 10228
of the crime must be based on the classification in the state 10229
where it was committed. 10230
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(8) A work permit expires unless renewed within ten (10) 10231
days after a change of place of employment or if the holder 10232
thereof is not employed as a gaming employee within the 10233
jurisdiction of the issuing authority for more than ninety (90) 10234
days. 10235
(9) Notice of any objection to or denial of a work permit by 10236
the executive director as provided pursuant to this section is 10237
sufficient if it is mailed to the applicant's last known address 10238
as indicated on the application for a work permit. The date of 10239
mailing may be proven by a certificate signed by the executive 10240
director or his designee that specifies the time the notice was 10241
mailed. The notice is presumed to have been received by the 10242
applicant five (5) days after it is deposited with the United 10243
States Postal Service with the postage thereon prepaid. 10244
SECTION 122. Section 75-76-137, Mississippi Code of 1972, is 10245
amended as follows: 10246
75-76-137. (1) If any gaming employee is convicted of any 10247
violation of this chapter or if in investigating an alleged 10248
violation of this chapter by any licensee the executive director 10249
or the commission finds that a gaming employee employed by the 10250
licensee has been guilty of cheating, the commission shall, after 10251
a hearing as provided in Sections 75-76-103 through 75-76-119, 10252
inclusive, revoke the employee's work permit. 10253
(2) The commission may revoke a work permit if it finds 10254
after a hearing as provided in Sections 75-76-103 through 10255
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75-76-119, inclusive, that the gaming employee has failed to 10256
disclose, misstated or otherwise misled the commission with 10257
respect to any fact contained within any application for a work 10258
permit, or subsequent to being issued a work permit: 10259
(a) Committed, attempted or conspired to do any of the 10260
acts prohibited by this chapter; 10261
(b) Knowingly possessed or permitted to remain in or 10262
upon any licensed premises any cards, dice, mechanical device or 10263
any other cheating device whatever the use of which is prohibited 10264
by statute or ordinance; 10265
(c) Concealed or refused to disclose any material fact 10266
in any investigation by the executive director or the commission; 10267
(d) Committed, attempted or conspired to commit larceny 10268
or embezzlement against a gaming licensee or upon the premises of 10269
a licensed gaming establishment; 10270
(e) Been convicted * * * of any * * * disqualifying 10271
crime as provided in the Fresh Start Act; 10272
(f) Accepted employment without prior commission 10273
approval in a position for which he or she could be required to be 10274
licensed under this chapter after having been denied a license for 10275
a reason involving personal unsuitability or after failing to 10276
apply for licensing when requested to do so by the commission or 10277
the executive director; 10278
(g) Been refused the issuance of any license, permit or 10279
approval to engage in or be involved with gaming in any 10280
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jurisdiction other than Mississippi, or had any such license, 10281
permit or approval revoked or suspended; 10282
(h) Been prohibited under color of governmental 10283
authority from being present upon the premises of any gaming 10284
establishment for any reason relating to improper gambling 10285
activities or any illegal act; or 10286
(i) Contumaciously defied any legislative investigative 10287
committee or other officially constituted bodies acting on behalf 10288
of the United States or any state, county or municipality which 10289
seeks to investigate crimes relating to gaming, corruption of 10290
public officials, or any organized criminal activities * * *. 10291
* * * 10292
(3) A work permit shall not be issued to a person whose work 10293
permit has previously been revoked pursuant to this section or to 10294
whom the issuance or renewal of a work permit has been denied, 10295
except with the unanimous approval of the commission members. 10296
(4) A gaming employee whose work permit has been revoked 10297
pursuant to this section is entitled to judicial review of the 10298
commission's action in the manner prescribed by Sections 75-76-121 10299
through 75-76-127, inclusive. 10300
SECTION 123. Section 77-8-25, Mississippi Code of 1972, is 10301
amended as follows: 10302
77-8-25. (1) Before allowing an individual to accept trip 10303
requests through a transportation network company's digital 10304
platform as a transportation network company driver: 10305
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(a) The individual shall submit an application to the 10306
transportation network company, which includes information 10307
regarding his or her address, age, driver's license, motor vehicle 10308
registration, automobile liability insurance, and other 10309
information required by the transportation network company; 10310
(b) The transportation network company shall conduct, 10311
or have a third party conduct, a local and national criminal 10312
background check for each applicant that shall include: 10313
(i) Multistate/multijurisdiction criminal records 10314
locator or other similar commercial nationwide database with 10315
validation (primary source search); and 10316
(ii) United States Department of Justice National 10317
Sex Offender Public Website * * *. 10318
(2) The transportation network company shall review, or have 10319
a third party review, a driving history research report for such 10320
individual. 10321
(3) The transportation network company shall not permit an 10322
individual to act as a transportation network company driver on 10323
its digital platform who: 10324
(a) Has had more than three (3) moving violations in 10325
the prior three-year period, or one (1) of the following major 10326
violations in the prior three-year period: 10327
(i) Attempting to evade the police; 10328
(ii) Reckless driving; or 10329
(iii) Driving on a suspended or revoked license; 10330
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(b) Has been convicted, within the past seven (7) 10331
years, of 10332
(i) Any * * * disqualifying crime as provided in 10333
the Fresh Start Act; or 10334
(ii) Misdemeanor driving under the influence, 10335
reckless driving, hit and run, or any other driving-related 10336
offense or any misdemeanor violent offense or sexual offense; 10337
(c) Is a match in the United States Department of 10338
Justice National Sex Offender Public Website; 10339
(d) Does not possess a valid driver's license; 10340
(e) Does not possess proof of registration for the 10341
motor vehicle used to provide prearranged rides; 10342
(f) Does not possess proof of automobile liability 10343
insurance for the motor vehicle used to provide prearranged rides; 10344
or 10345
(g) Is not at least nineteen (19) years of age. 10346
SECTION 124. Section 77-9-503, Mississippi Code of 1972, is 10347
amended as follows: 10348
77-9-503. For purposes of Sections 77-9-501 through 10349
77-9-517, unless the context requires otherwise, the following 10350
terms shall have the meanings ascribed herein: 10351
(a) "Railroad" means a common carrier by railroad. 10352
(b) "Qualified person" means a person who: 10353
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(i) Has met all the educational and training 10354
requirements for railroad police in this state which shall be 10355
approved by the Mississippi Law Enforcement Training Academy; and 10356
(ii) * * * Has not been convicted of any * * * 10357
disqualifying crime as provided in the Fresh Start Act. 10358
SECTION 125. Section 81-18-9, Mississippi Code of 1972, is 10359
amended as follows: 10360
81-18-9. (1) Applicants for a license shall apply in a form 10361
as prescribed by the commissioner. Each such form shall contain 10362
content as set forth by rule, regulation, instruction or procedure 10363
of the commissioner and may be changed or updated as necessary by 10364
the commissioner in order to carry out the purposes of this 10365
chapter. 10366
(2) The mortgage broker and mortgage lender application 10367
through the Nationwide Multistate Licensing System and Registry 10368
shall include, but is not limited to, the following: 10369
(a) The legal name, residence and business address of 10370
the applicant and, if applicable, the legal name, residence and 10371
business address of every principal and executive officer, 10372
together with the résumé of the applicant and of every principal 10373
and executive officer of the applicant. In addition, an 10374
independent credit report obtained from a consumer-reporting 10375
agency described in Section 603(p) of the Fair Credit Reporting 10376
Act and information related to any administrative, civil or 10377
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criminal findings by any governmental jurisdiction of every 10378
principal and executive officer. 10379
(b) The legal name of the mortgage broker or mortgage 10380
lender in addition to the name under which the applicant will 10381
conduct business in the state, neither of which may be already 10382
assigned to a licensed mortgage broker or mortgage lender. 10383
(c) The complete address of the applicant's principal 10384
place of business, branch office(s) and any other locations at 10385
which the applicant will engage in any business activity covered 10386
by this chapter. All locations shall be within the United States 10387
of America or a territory of the United States of America, 10388
including Puerto Rico and the U.S. Virgin Islands. 10389
(d) A copy of the certificate of incorporation, if a 10390
Mississippi corporation. 10391
(e) Documentation satisfactory to the department as to 10392
a certificate of existence of authority to transact business 10393
lawfully in Mississippi from the Mississippi Secretary of State's 10394
office, if a limited liability company, partnership, trust or any 10395
other group of persons, however organized. This paragraph does 10396
not pertain to applicants organized as an individual or as a sole 10397
proprietorship. 10398
(f) If a foreign entity, a copy of a certificate of 10399
authority to conduct business in Mississippi and the address of 10400
the principal place of business of the foreign entity. 10401
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(g) Documentation of a minimum of two (2) years' 10402
experience directly related to mortgage activities by a person 10403
named as the qualifying individual of the company. The qualifying 10404
individual shall be primarily responsible for the operations of 10405
the licensed mortgage broker or mortgage lender. Only one (1) 10406
qualifying individual shall be named for Mississippi and this 10407
person shall be the qualifying individual for only one (1) 10408
licensee. Evidence of experience shall include, where applicable: 10409
(i) Copies of business licenses issued by 10410
governmental agencies. 10411
(ii) Employment history of the person filing the 10412
application for at least two (2) years before the date of the 10413
filing of an application, including, but not limited to, job 10414
descriptions, length of employment, names, addresses and phone 10415
numbers for past employers. 10416
(iii) Any other data and pertinent information as 10417
the department may require with respect to the applicant, its 10418
directors, principals, trustees, officers, members, contractors or 10419
agents. A resume alone shall not be sufficient proof of 10420
employment history. 10421
(3) The mortgage broker and mortgage lender applications 10422
shall be filed on the Nationwide Multistate Licensing System and 10423
Registry together with the following: 10424
(a) The license fee specified in Section 81-18-15; 10425
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(b) An original or certified copy of a surety bond in 10426
favor of the State of Mississippi for the use, benefit and 10427
indemnity of any person who suffers any damage or loss as a result 10428
of the company's breach of contract or of any obligation arising 10429
therefrom or any violation of law; 10430
(c) A set of fingerprints from any local law 10431
enforcement agency from the following applicants: 10432
(i) All persons operating as a sole proprietorship 10433
that plan to conduct a mortgage-brokering or lending business in 10434
the State of Mississippi; 10435
(ii) Partners in a partnership or principal owners 10436
of a limited liability company that own at least ten percent (10%) 10437
of the voting shares of the company; 10438
(iii) Any shareholders owning ten percent (10%) or 10439
more of the outstanding shares of the corporation; 10440
(iv) All executive officers of the applicant; 10441
(v) All loan originators; and 10442
(vi) The named qualifying individual of the 10443
company as required in Section 81-18-9(2)(g). The applicant shall 10444
name only one (1) individual as the qualifying individual for the 10445
State of Mississippi; and 10446
(d) At least one (1) individual shall be licensed as a 10447
loan originator at a licensed location. 10448
(4) In connection with an application for licensing as a 10449
mortgage broker or lender under this chapter, the required 10450
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applicability of.
stockholders, owners, directors and executive officers of the 10451
applicant shall, at a minimum, furnish to the Nationwide 10452
Multistate Licensing System and Registry information concerning 10453
the individual's identity, including: 10454
(a) Fingerprints from any local law enforcement agency 10455
for submission to the Federal Bureau of Investigation and any 10456
governmental entity authorized to receive that information for a 10457
state, national and/or international criminal history background 10458
check; and 10459
(b) Personal history and experience in a form 10460
prescribed by the Nationwide Multistate Licensing System and 10461
Registry, including the submission of authorization for the 10462
Nationwide Multistate Licensing System and Registry and the 10463
commissioner to obtain: 10464
(i) An independent credit report obtained from a 10465
consumer-reporting agency described in Section 603(p) of the Fair 10466
Credit Reporting Act; and 10467
(ii) Information related to any administrative, 10468
civil or criminal findings by any governmental jurisdiction. 10469
(5) Upon receipt of an application for licensure, the 10470
department or designated third party shall conduct an 10471
investigation as it deems necessary to determine that the 10472
applicant and its officers, directors and principals are of * * * 10473
ethical reputation; that the applicant demonstrates reasonable 10474
financial responsibility; and that the applicant has reasonable 10475
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policies and procedures to receive and process customer grievances 10476
and inquiries promptly and fairly. 10477
(6) The commissioner shall not license an applicant unless 10478
he is satisfied that the applicant will operate its mortgage 10479
activities in compliance with the laws, rules and regulations of 10480
this state and the United States. 10481
(7) If an applicant satisfies the requirements of this 10482
chapter for a mortgage broker or mortgage lender license, the 10483
commissioner shall issue the license unless the commissioner finds 10484
any of the following: 10485
(a) The applicant has had a mortgage lender, mortgage 10486
broker or mortgage servicer license revoked in any governmental 10487
jurisdiction, except that a subsequent formal vacation of the 10488
revocation shall not be deemed a revocation; or 10489
(b) The applicant or its controlling persons has been 10490
convicted of, or pled guilty or nolo contendere to, (i) a * * * 10491
disqualifying crime as provided in the Fresh Start Act in a 10492
domestic, foreign or military court during the seven-year period 10493
preceding the date of application for licensing; or (ii) at any 10494
time preceding the date of application if such * * * crime 10495
involved an act of fraud, dishonesty, a breach of trust, or money 10496
laundering. However, any pardon or expungement of a conviction 10497
shall not be a conviction for purposes of this subsection. 10498
(8) Applicants for a mortgage loan originator license shall 10499
apply in a form as prescribed by the commissioner and shall be 10500
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filed on the Nationwide Multistate Licensing System and Registry. 10501
Each such form shall contain content as set forth by rules, 10502
regulations, instructions or procedures of the commissioner and 10503
may be changed or updated as necessary by the commissioner in 10504
order to carry out the purposes of this chapter. The initial 10505
license of a mortgage loan originator shall be accompanied by a 10506
fee of Three Hundred Dollars ($300.00), to be paid to the 10507
Nationwide Multistate Licensing System and Registry, and any 10508
additional fees as required by the Nationwide Multistate Licensing 10509
System and Registry. The commissioner shall not issue a mortgage 10510
loan originator license unless the commissioner makes at a minimum 10511
the following findings: 10512
(a) The applicant has never had a mortgage loan 10513
originator license revoked in any governmental jurisdiction, 10514
except that a later formal vacation of that revocation shall not 10515
be deemed a revocation. 10516
(b) The applicant has not been convicted of, or pled 10517
guilty or nolo contendere to, (i) a * * * disqualifying crime as 10518
provided in the Fresh Start Act in a domestic, foreign or military 10519
court during the seven-year period preceding the date of 10520
application for licensing; or (ii) at any time preceding the date 10521
of application if such * * * crime involved an act of fraud, 10522
dishonesty, a breach of trust or money laundering. However, any 10523
pardon or expungement of a conviction shall not be a conviction 10524
for purposes of this subsection. 10525
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(c) The applicant has demonstrated financial 10526
responsibility, character and general fitness such as to command 10527
the confidence of the community and to warrant a determination 10528
that the mortgage loan originator will operate honestly, fairly 10529
and efficiently within the purposes of this chapter. 10530
(d) The applicant has completed the prelicensing 10531
education requirement described in Section 81-18-14(1). 10532
(e) The applicant has passed a written test that meets 10533
the test requirement described in Section 81-18-14(7). 10534
(f) The applicant has met the surety bond requirement 10535
as provided in Section 81-18-11. 10536
(g) This individual must work or be exclusively engaged 10537
to perform mortgage loan origination activities for a Mississippi 10538
licensed company and work or perform mortgage loan origination 10539
activities from the location licensed with the department or a 10540
remote location. If the licensed loan originator resides and 10541
works or performs mortgage loan origination activities in 10542
Mississippi, then he or she may work or perform mortgage loan 10543
origination activities from any licensed location of the licensed 10544
company within the State of Mississippi or a remote location. 10545
However, an owner of a minimum of ten percent (10%) of a licensed 10546
company or the named qualifying individual on file with the 10547
department, who is a licensed loan originator with the department, 10548
may work from any licensed location of the licensed company within 10549
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the State of Mississippi in the capacity of a loan originator as 10550
described in this chapter. 10551
(9) In order to fulfill the purposes of this chapter, the 10552
commissioner is authorized to establish relationships or contracts 10553
with the Nationwide Multistate Licensing System and Registry or 10554
other entities designated by the Nationwide Multistate Licensing 10555
System and Registry to collect and maintain records and process 10556
transaction fees or other fees related to licensees or other 10557
persons subject to this chapter. 10558
(10) In connection with an application for licensing as a 10559
mortgage loan originator, the applicant shall, at a minimum, 10560
furnish to the Nationwide Multistate Licensing System and Registry 10561
information concerning the applicant's identity, including: 10562
(a) Fingerprints for submission to the Federal Bureau 10563
of Investigation, and any governmental agency or entity authorized 10564
to receive that information for a state, national and/or 10565
international criminal history background check; and 10566
(b) Personal history and experience in a form 10567
prescribed by the Nationwide Multistate Licensing System and 10568
Registry, including the submission of authorization for the 10569
Nationwide Multistate Licensing System and Registry and the 10570
commissioner to obtain: 10571
(i) An independent credit report obtained from a 10572
consumer-reporting agency described in Section 603(p) of the Fair 10573
Credit Reporting Act; and 10574
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(ii) Information related to any administrative, 10575
civil or criminal findings by any governmental jurisdiction. 10576
(11) For the purposes of this section and in order to reduce 10577
the points of contact which the Federal Bureau of Investigation 10578
may have to maintain for purposes of subsection (10)(a) and 10579
(b)(ii) of this section, the commissioner may use the Nationwide 10580
Multistate Licensing System and Registry as a channeling agent for 10581
requesting information from and distributing information to the 10582
Department of Justice or any governmental agency. 10583
(12) For the purposes of this section and in order to reduce 10584
the points of contact which the commissioner may have to maintain 10585
for purposes of subsection (10)(b)(i) and (ii) of this section, 10586
the commissioner may use the Nationwide Multistate Licensing 10587
System and Registry as a channeling agent for requesting and 10588
distributing information to and from any source so directed by the 10589
commissioner. 10590
SECTION 126. Section 83-7-207, Mississippi Code of 1972, is 10591
amended as follows: 10592
83-7-207. (1) The commissioner may suspend, revoke or 10593
refuse to renew the license of a viatical settlement provider, 10594
viatical settlement representative or viatical settlement broker 10595
if the commissioner finds that: 10596
(a) There was any material misrepresentation in the 10597
application for the license; 10598
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(b) The licensee or any officer, partner or key 10599
management personnel has been convicted of fraudulent or dishonest 10600
practices, is subject to a final administrative action or is 10601
otherwise shown to be untrustworthy or incompetent; 10602
(c) The viatical settlement provider demonstrates a 10603
pattern of unreasonable payments to viators; 10604
(d) The licensee has been found guilty of, or has 10605
pleaded guilty or nolo contendere to, any * * * disqualifying 10606
crime as provided in the Fresh Start; 10607
(e) The viatical settlement provider has failed to 10608
honor contractual obligations set out in a viatical settlement 10609
contract; 10610
(f) The licensee no longer meets the requirements for 10611
initial licensure; 10612
(g) The viatical settlement provider has assigned, 10613
transferred or pledged a viaticated policy to a person other than 10614
a viatical settlement provider licensed in this state or a 10615
financing entity; or 10616
(h) The licensee has violated any provisions of 10617
Sections 83-7-201 through 83-7-223. 10618
(2) Before the commissioner shall deny a license application 10619
or suspend, revoke or refuse to renew the license of a viatical 10620
settlement provider, viatical settlement broker or viatical 10621
settlement representative, the commissioner shall conduct a 10622
hearing in accordance with Section 25-43-1.101 et seq. 10623
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SECTION 127. Section 83-17-71, Mississippi Code of 1972, is 10624
amended as follows: 10625
83-17-71. (1) The commissioner may place on probation, 10626
suspend, revoke or refuse to issue or renew an insurance 10627
producer's license or may levy a civil penalty in an amount not to 10628
exceed One Thousand Dollars ($1,000.00) per violation and such 10629
penalty shall be deposited into the special fund of the State 10630
Treasury designated as the "Insurance Department Fund" for any one 10631
or more of the following causes: 10632
(a) Providing incorrect, misleading, incomplete or 10633
materially untrue information in the license application; 10634
(b) Violating any insurance laws, or violating any 10635
regulation, subpoena or order of the commissioner or of another 10636
state's commissioner; 10637
(c) Obtaining or attempting to obtain a license through 10638
misrepresentation or fraud; 10639
(d) Improperly withholding, misappropriating or 10640
converting any monies or properties received in the course of 10641
doing insurance business; 10642
(e) Intentionally misrepresenting the terms of an 10643
actual or proposed insurance contract or application for 10644
insurance; 10645
(f) Having been convicted of a * * * disqualifying 10646
crime as provided in the Fresh Start Act; 10647
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(g) Having admitted or been found to have committed any 10648
insurance unfair trade practice or fraud; 10649
(h) Using fraudulent, coercive or dishonest practices 10650
or demonstrating incompetence, untrustworthiness or financial 10651
irresponsibility in the conduct of business in this state or 10652
elsewhere; 10653
(i) Having an insurance producer license, or its 10654
equivalent, denied, suspended or revoked in any other state, 10655
province, district or territory; 10656
(j) Forging another's name to an application for 10657
insurance or to any document related to an insurance transaction; 10658
(k) Improperly using notes or any other reference 10659
material to complete an examination for an insurance license; 10660
(l) Knowingly accepting insurance business from an 10661
individual who is not licensed; 10662
(m) Failing to comply with an administrative or court 10663
order imposing a child support obligation; or 10664
(n) Failing to pay state income tax or comply with any 10665
administrative or court order directing payment of state income 10666
tax. 10667
(2) If the action by the commissioner is to nonrenew or to 10668
deny an application for a license, the commissioner shall notify 10669
the applicant or licensee and advise, in writing, the applicant or 10670
licensee of the reason for the denial or nonrenewal of the 10671
applicant's or licensee's license. The applicant or licensee may 10672
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make written demand upon the commissioner within ten (10) days for 10673
a hearing before the commissioner to determine the reasonableness 10674
of the commissioner's action. The hearing shall be held within 10675
thirty (30) days. 10676
(3) The license of a business entity may be suspended, 10677
revoked or refused if the commissioner finds, after hearing, that 10678
an individual licensee's violation was known or should have been 10679
known by one or more of the partners, officers or managers acting 10680
on behalf of the partnership or corporation and the violation was 10681
neither reported to the commissioner nor corrective action taken. 10682
(4) In addition to, or in lieu of, any applicable denial, 10683
suspension or revocation of a license, a person may, after 10684
hearing, be subject to a civil fine not to exceed One Thousand 10685
Dollars ($1,000.00) per violation and such fine shall be deposited 10686
into the special fund in the State Treasury designated as the 10687
"Insurance Department Fund." 10688
(5) The commissioner shall retain the authority to enforce 10689
the provisions of and impose any penalty or remedy authorized by 10690
this article and Title 83, Mississippi Code of 1972, against any 10691
person who is under investigation for or charged with a violation 10692
of this article or Title 83, Mississippi Code of 1972, even if the 10693
person's license or registration has been surrendered or has 10694
lapsed by operation of law. 10695
(6) No licensee whose license has been revoked hereunder 10696
shall be entitled to file another application for a license as a 10697
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producer within one (1) year from the effective date of such 10698
revocation or, if judicial review of such revocation is sought, 10699
within one (1) year from the date of final court order or decree 10700
affirming such revocation. Such application, when filed, may be 10701
refused by the commissioner unless the applicant shows good cause 10702
why the revocation of his license shall not be deemed a bar to the 10703
issuance of a new license. 10704
(7) Notwithstanding any other provision of this article to 10705
the contrary, a person licensed in this state as a nonresident 10706
producer whose license is denied, suspended or revoked in his or 10707
her home state shall also have his or her nonresident license 10708
denied, suspended or revoked in this state without prior notice or 10709
hearing. 10710
(8) From and after July 1, 2016, the expenses of this agency 10711
shall be defrayed by appropriation from the State General Fund and 10712
all user charges and fees authorized under this section shall be 10713
deposited into the State General Fund as authorized by law. 10714
(9) From and after July 1, 2016, no state agency shall 10715
charge another state agency a fee, assessment, rent or other 10716
charge for services or resources received by authority of this 10717
section. 10718
SECTION 128. Section 83-17-75, Mississippi Code of 1972, is 10719
amended as follows: 10720
83-17-75. (1) An insurance producer shall not act as an 10721
agent of an insurer unless the insurance producer becomes an 10722
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appointed agent of that insurer. An insurance producer who is not 10723
acting as an agent of an insurer is not required to become 10724
appointed. 10725
(2) To appoint a producer as its agent, the appointing 10726
insurer shall file, in a format approved by the commissioner, a 10727
notice of appointment within fifteen (15) days from the date the 10728
agency contract is executed or the first insurance application is 10729
submitted. An insurer may also elect to appoint a producer to all 10730
or some insurers within the insurer's holding company system or 10731
group by the filing of a single appointment request. 10732
(3) Upon receipt of the notice of appointment, the 10733
commissioner shall verify within a reasonable time not to exceed 10734
thirty (30) days that the insurance producer is eligible for 10735
appointment. If the insurance producer is determined to be 10736
ineligible for appointment, the commissioner shall notify the 10737
insurer within five (5) days of its determination. 10738
(4) An insurer shall pay an appointment fee, in the amount 10739
and method of payment set forth in Section 83-5-73 for each 10740
insurance producer appointed by the insurer. 10741
(5) An insurer shall remit, in a manner prescribed by the 10742
commissioner, a renewal appointment fee in the amount set forth in 10743
Section 83-5-73. 10744
(6) Before the issuance of a license or certificate of 10745
authority, the commissioner shall require the company requesting 10746
appointment of the applicant as producer for the first time to 10747
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furnish a certificate to the commissioner, verified by an 10748
executive officer or managing general or special agent of such 10749
company, that the company has duly investigated the * * * record 10750
of such person and has satisfied itself that such person is * * * 10751
qualified, fit and trustworthy to act as its producer. The 10752
Commissioner of Insurance may at any time require any company to 10753
obtain a credit report on a producer if the commissioner deems 10754
such request advisable. Should such credit report reflect 10755
information regarding an offense or violation in relation to which 10756
the Department of Insurance has taken action, such information 10757
shall not render the applicant ineligible for a license if 10758
applicant has complied with the order of the commissioner 10759
regarding such offense. 10760
SECTION 129. Section 83-17-421, Mississippi Code of 1972, is 10761
amended as follows: 10762
83-17-421. (1) A license may be refused, or a license duly 10763
issued may be suspended or revoked or the renewal thereof refused 10764
by the commissioner if, after notice and hearing as hereinafter 10765
provided, he or she finds that the applicant for, or holder of, 10766
such license: 10767
(a) Has * * * willfully violated any provision of the 10768
insurance laws of this state; or 10769
(b) Has intentionally made a material misstatement in 10770
the application for such license; or 10771
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(c) Has obtained, or attempted to obtain, such license 10772
by fraud or misrepresentation; or 10773
(d) Has misappropriated or converted to his or her own 10774
use or illegally withheld money belonging to an insurer or 10775
beneficiary; or 10776
(e) Has otherwise demonstrated lack of trustworthiness 10777
or competence to act as an adjuster; or 10778
(f) Has been guilty of fraudulent or dishonest 10779
practices or has been convicted of a * * * disqualifying crime as 10780
provided in the Fresh Act; or 10781
(g) Has materially misrepresented the terms and 10782
conditions of insurance policies or contracts; or * * * willfully 10783
exaggerated prospective returns on investment features of policies 10784
or fails to identify himself or herself as an adjuster and in so 10785
doing receives a compensation for his or her participation in the 10786
sale of insurance; or 10787
(h) Has made or issued, or caused to be made or issued, 10788
any statement misrepresenting or making incomplete comparisons 10789
regarding the terms or conditions of any insurance or annuity 10790
contract legally issued by any insurer, for the purpose of 10791
inducing or attempting to induce the owner of such contract to 10792
forfeit or surrender such contract or allow it to lapse for the 10793
purpose of replacing such contract with another; or 10794
(i) Has obtained or attempted to obtain such license, 10795
not for the purpose of holding himself or herself out to the 10796
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general public as an adjuster, but primarily for the purpose of 10797
soliciting, negotiating or procuring insurance or annuity 10798
contracts covering himself or herself or members of his or her 10799
family. 10800
(2) Before any license shall be refused (except for failure 10801
to pass a required written examination) or suspended or revoked or 10802
the renewal thereof refused hereunder, the commissioner shall give 10803
notice of his or her intention so to do, by registered mail, to 10804
the applicant for or holder of such license and the insurer whom 10805
he or she represents or who desires that he or she be licensed, 10806
and shall set a date not less than twenty (20) days from the date 10807
of mailing such notice when the applicant or licensee and a duly 10808
authorized representative of the insurer may appear to be heard 10809
and produce evidence. Such notice shall constitute automatic 10810
suspension of license if the person involved is a licensed 10811
adjuster. In the conduct of such hearing, the commissioner or any 10812
regular salaried employee specially designated by him or her for 10813
such purpose shall have power to administer oaths, to require the 10814
appearance of and examine any person under oath and to require the 10815
production of books, records or papers relevant to the inquiry 10816
upon his or her own initiative or upon the request of the 10817
applicant or licensee. Upon the termination of such hearing, 10818
findings shall be reduced to writing and, upon approval by the 10819
commissioner, shall be filed in his or her office; and notice of 10820
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the findings shall be sent by registered mail to the applicant or 10821
licensee and the insurer concerned. 10822
(3) Where the grounds set out in subsection (1)(d) or (1)(g) 10823
are the grounds for any hearing, the commissioner may, in his or 10824
her discretion in lieu of the hearing provided for in subsection 10825
(2) of this section, file a petition to suspend or revoke any 10826
license authorized hereunder in a court of competent jurisdiction 10827
of the county or district in which the alleged offense occurred. 10828
In such cases, subpoenas may be issued for witnesses, and mileage 10829
and witness fees paid as in other cases. All costs of such cause 10830
shall be paid by the defendant, if found guilty, and if costs 10831
cannot be made and collected from the defendant, such costs shall 10832
be assessed against the company issuing the contract involved in 10833
such cause. 10834
(4) No licensee whose license has been revoked hereunder 10835
shall be entitled to file another application for a license as an 10836
adjuster within one (1) year from the effective date of such 10837
revocation or, if judicial review of such revocation is sought, 10838
within one (1) year from the date of final court order or decree 10839
affirming such revocation. Such application, when filed, may be 10840
refused by the commissioner unless the applicant shows good cause 10841
why the revocation of his or her license shall not be deemed a bar 10842
to the issuance of a new license. 10843
SECTION 130. Section 83-17-519, Mississippi Code of 1972, is 10844
amended as follows: 10845
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83-17-519. (1) A license may be refused, or a license duly 10846
issued may be suspended or revoked or the renewal thereof refused 10847
by the commissioner, or the commissioner may levy a civil penalty 10848
in an amount not to exceed Five Thousand Dollars ($5,000.00) per 10849
violation, or both, and any such penalty shall be deposited into 10850
the special fund of the State Treasury designated as the 10851
"Insurance Department Fund," if, after notice and hearing as 10852
hereinafter provided, he finds that the applicant for, or holder 10853
of, such license: 10854
(a) Has intentionally made a material misstatement in 10855
the application for such license; or 10856
(b) Has obtained, or attempted to obtain, such license 10857
by fraud or misrepresentation; or 10858
(c) Has misappropriated or converted to his own use or 10859
illegally withheld money belonging to another person or entity; or 10860
(d) Has otherwise demonstrated lack of trustworthiness 10861
or competence to act as a public adjuster; or 10862
(e) Has been guilty of fraudulent or dishonest 10863
practices or has been convicted of a * * * disqualifying crime as 10864
provided in the Fresh Start Act; or 10865
(f) Has materially misrepresented the terms and 10866
conditions of insurance policies or contracts or failed to 10867
identify himself as a public adjuster; or 10868
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(g) Has obtained or attempted to obtain such license 10869
for a purpose other than holding himself out to the general public 10870
as a public adjuster; or 10871
(h) Has violated any insurance laws, or any regulation, 10872
subpoena or order of the commissioner or of another state's 10873
commissioner of insurance. 10874
(2) Before any license shall be refused (except for failure 10875
to pass a required written examination) or suspended or revoked or 10876
the renewal thereof refused hereunder, the commissioner shall give 10877
notice of his intention so to do, by certified mail, return 10878
receipt requested, to the applicant for or holder of such license, 10879
and shall set a date not less than twenty (20) days from the date 10880
of mailing such notice when the applicant or licensee may appear 10881
to be heard and produce evidence in opposition to such refusal, 10882
suspension or revocation. Such notice shall constitute automatic 10883
suspension of license if the person involved is a licensed public 10884
adjuster. In the conduct of such hearing, the commissioner or any 10885
regular salaried employee of the department specially designated 10886
by him for such purpose shall have the power to administer oaths, 10887
to require the appearance of and examine any person under oath, 10888
and to require the production of books, records or papers relevant 10889
to the inquiry upon his own initiative or upon the request of the 10890
applicant or licensee. Upon the termination of such hearing, 10891
findings shall be reduced to writing and, upon approval by the 10892
commissioner, shall be filed in his office; and notice of the 10893
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findings shall be sent by certified mail, return receipt 10894
requested, to the applicant or licensee. 10895
(3) Where the grounds set out in subsection (1)(c) or (1)(f) 10896
of this section are the grounds for any hearing, the commissioner 10897
may, in his discretion in lieu of the hearing provided for in 10898
subsection (2) of this section, file a petition requesting the 10899
court to suspend or revoke any license authorized hereunder in a 10900
court of competent jurisdiction of the county or district in which 10901
the alleged offense occurred. In such cases, subpoenas may be 10902
issued for witnesses, and mileage and witness fees paid as in 10903
other cases. All costs of such cause shall be paid by the 10904
defendant, if the finding of the court be against him. 10905
(4) No licensee whose license has been revoked hereunder 10906
shall be entitled to file another application for a license as a 10907
public adjuster within one (1) year from the effective date of 10908
such revocation or, if judicial review of such revocation is 10909
sought, within one (1) year from the date of final court order or 10910
decree affirming such revocation. An application filed after such 10911
one-year period shall be refused by the commissioner unless the 10912
applicant shows good cause why the revocation of his license shall 10913
not be deemed a bar to the issuance of a new license. 10914
(5) From and after July 1, 2016, the expenses of this agency 10915
shall be defrayed by appropriation from the State General Fund and 10916
all user charges and fees authorized under this section shall be 10917
deposited into the State General Fund as authorized by law. 10918
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(6) From and after July 1, 2016, no state agency shall 10919
charge another state agency a fee, assessment, rent or other 10920
charge for services or resources received by authority of this 10921
section. 10922
SECTION 131. Section 83-21-19, Mississippi Code of 1972, is 10923
amended as follows: 10924
83-21-19. (1) Surplus lines insurance may be placed by a 10925
surplus lines insurance producer if: 10926
(a) Each insurer is an eligible surplus lines insurer; 10927
(b) Each insurer is authorized to write the line of 10928
insurance in its domiciliary jurisdiction; and 10929
(c) All other requirements as set forth by law are met. 10930
(2) The Commissioner of Insurance, upon the biennial payment 10931
of a fee of One Hundred Dollars ($100.00) and submission of a 10932
completed license application on a form approved by the 10933
commissioner, may issue a surplus lines insurance producer license 10934
to a qualified holder of an insurance producer license with a 10935
property, casualty and/or personal lines line of authority, who is 10936
regularly commissioned to represent a fire and casualty insurance 10937
company licensed to do business in the state. 10938
(3) The privilege license shall continue from the date of 10939
issuance until the last day of the month of the licensee's 10940
birthday in the second year following issuance or renewal of the 10941
license, with a minimum term of twelve (12) months. 10942
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(4) A nonresident person shall receive a surplus lines 10943
insurance producer license if: 10944
(a) The person is currently licensed as a surplus lines 10945
insurance producer or equivalent and in good standing in his or 10946
her home state; 10947
(b) The person has submitted the proper request for 10948
licensure and has paid the biennial fee of One Hundred Dollars 10949
($100.00); and 10950
(c) The person's home state awards nonresident surplus 10951
lines licenses to residents of this state on the same basis. 10952
(5) The commissioner may verify a person's licensing status 10953
through the National Producer Database maintained by the National 10954
Association of Insurance Commissioners, its affiliates or 10955
subsidiaries. 10956
(6) A nonresident surplus lines insurance producer licensee 10957
who moves from one (1) state to another state, or a resident 10958
surplus lines licensee who moves from this state to another state, 10959
shall file a change of address and provide certification from the 10960
new resident state within thirty (30) days of the change of legal 10961
residence. No fee or license application is required. 10962
(7) The commissioner may deny, suspend, revoke or refuse the 10963
license of a surplus lines insurance producer licensee and/or levy 10964
a civil penalty in an amount not to exceed Two Thousand Five 10965
Hundred Dollars ($2,500.00) per violation, after notice and 10966
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hearing as provided hereunder, for one or more of the following 10967
grounds: 10968
(a) Providing incorrect, misleading, incomplete or 10969
materially untrue information in the license application; 10970
(b) Violating any insurance laws, or violating any 10971
regulation, subpoena or order of the commissioner or of another 10972
state's commissioner; 10973
(c) Obtaining or attempting to obtain a license through 10974
misrepresentation or fraud; 10975
(d) Improperly withholding, misappropriating or 10976
converting any monies or properties received in the course of 10977
doing the business of insurance; 10978
(e) Intentionally misrepresenting the terms of an 10979
actual or proposed insurance contract or application for 10980
insurance; 10981
(f) Having been convicted of a * * * disqualifying 10982
crime as provided in the Fresh Start Act; 10983
(g) Having admitted or been found to have committed any 10984
insurance unfair trade practice or fraud; 10985
(h) Using fraudulent, coercive or dishonest practices 10986
or demonstrating incompetence, untrustworthiness or financial 10987
irresponsibility in the conduct of business in this state or 10988
elsewhere; 10989
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(i) Having an insurance producer license, or its 10990
equivalent, denied, suspended or revoked in any other state, 10991
province, district or territory; 10992
(j) Forging another's name to an application for 10993
insurance or to any document related to an insurance transaction; 10994
(k) Improperly using notes or any other reference 10995
material to complete an examination for an insurance license; 10996
(l) Knowingly accepting insurance business from an 10997
individual who is not licensed; 10998
(m) Failing to comply with an administrative or court 10999
order imposing a child support obligation; or 11000
(n) Failing to pay state income tax or comply with any 11001
administrative or court order directing payment of state income 11002
tax. 11003
(8) If the action by the commissioner is to nonrenew, 11004
suspend, revoke or to deny an application for a license, the 11005
commissioner shall notify the applicant or licensee and advise, in 11006
writing, the applicant or licensee of the reason for the denial or 11007
nonrenewal of the applicant's or licensee's license. The 11008
applicant or licensee may make written demand upon the 11009
commissioner within ten (10) days for a hearing before the 11010
commissioner to determine the reasonableness of the commissioner's 11011
action. The hearing shall be held within thirty (30) days. 11012
(9) Every surplus lines insurance contract procured and 11013
delivered according to Sections 83-21-17 through 83-21-31 shall 11014
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have stamped upon it in bold ten-point type, and bear the name of 11015
the surplus lines insurance producer who procured it, the 11016
following: "NOTE: This insurance policy is issued pursuant to 11017
Mississippi law covering surplus lines insurance. The company 11018
issuing the policy is not licensed by the State of Mississippi, 11019
but is authorized to do business in Mississippi as a nonadmitted 11020
company. The policy is not protected by the Mississippi Insurance 11021
Guaranty Association in the event of the insurer's insolvency." 11022
No diminution of the license fee herein provided shall occur as to 11023
any license effective after January 1 of any year. 11024
SECTION 132. Section 83-39-3, Mississippi Code of 1972, is 11025
amended as follows: 11026
83-39-3. (1) No person shall act in the capacity of 11027
professional bail agent, soliciting bail agent or bail enforcement 11028
agent, as defined in Section 83-39-1, or perform any of the 11029
functions, duties or powers of the same unless that person shall 11030
be qualified and licensed as provided in this chapter. The terms 11031
of this chapter shall not apply to any automobile club or 11032
association, financial institution, insurance company or other 11033
organization or association or their employees who execute bail 11034
bonds on violations arising out of the use of a motor vehicle by 11035
their members, policyholders or borrowers when bail bond is not 11036
the principal benefit of membership, the policy of insurance or of 11037
a loan to such member, policyholder or borrower. 11038
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(2) (a) No license shall be issued or renewed except in 11039
compliance with this chapter, and none shall be issued except to 11040
an individual. No firm, partnership, association or corporation, 11041
as such, shall be so licensed. No professional bail agent shall 11042
operate under more than one (1) trade name. A soliciting bail 11043
agent and bail enforcement agent shall operate only under the 11044
professional bail agent's name. No license shall be issued to or 11045
renewed for any person who has ever been convicted of a crime that 11046
the commissioner finds directly relates to the duties and 11047
responsibilities of the business of a professional bail agent, 11048
soliciting bail agent, or bail enforcement agent as provided in 11049
the Fresh Start Act, including, but not limited to, any felony 11050
that involves an act of fraud, dishonesty, or a breach of trust, 11051
or money laundering. No license shall be issued to any person who 11052
is under twenty-one (21) years of age. No person engaged as a law 11053
enforcement or judicial official or attorney shall be licensed 11054
hereunder. A person who is employed in any capacity at any jail 11055
or corrections facility that houses state, county or municipal 11056
inmates who are or may be eligible for bail, whether the person is 11057
a public employee, independent contractor, or the employee of an 11058
independent contractor, may not be licensed under this section. 11059
(b) (i) No person who is a relative of either a sworn 11060
state, county or municipal law enforcement official or judicial 11061
official, or an employee, independent contractor or the 11062
contractor's employee of any police department, sheriff's 11063
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department, jail or corrections facility that houses or holds 11064
federal, state, county or municipal inmates who are or may be 11065
eligible for bail, shall write a bond in the county where the law 11066
enforcement entity or court in which the person's relative serves 11067
is located. "Relative" means a spouse, parent, grandparent, 11068
child, sister, brother, or a consanguineous aunt, uncle, niece or 11069
nephew. Violation of this prohibition shall result in license 11070
revocation. 11071
(ii) No person licensed under this chapter shall 11072
act as a personal surety agent in the writing of bail during a 11073
period he or she is licensed as a limited surety agent, as defined 11074
herein. 11075
(iii) No person licensed under this chapter shall 11076
give legal advice or a legal opinion in any form. 11077
(3) The department is vested with the authority to enforce 11078
this chapter. The department may conduct investigations or 11079
request other state, county or local officials to conduct 11080
investigations and promulgate such rules and regulations as may be 11081
necessary for the enforcement of this chapter. The department may 11082
establish monetary fines and collect such fines as necessary for 11083
the enforcement of such rules and regulations. All fines 11084
collected shall be deposited in the Special Insurance Department 11085
Fund for the operation of that agency. 11086
(4) (a) Each license issued hereunder shall expire 11087
biennially on the last day of September of each odd-numbered year, 11088
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unless revoked or suspended prior thereto by the department, or 11089
upon notice served upon the commissioner by the insurer that the 11090
authority of a limited surety agent to act for or on behalf of 11091
such insurer had been terminated, or upon notice served upon the 11092
commissioner that the authority of a soliciting bail agent or bail 11093
enforcement agent had been terminated by such professional bail 11094
agent. 11095
(b) A soliciting bail agent or bail enforcement agent 11096
may, upon termination by a professional bail agent or upon his 11097
cessation of employment with a professional bail agent, be 11098
relicensed without having to comply with the provisions of 11099
subsection (7)(a) and (b) of this section, if he has held a 11100
license in his respective license category within ninety (90) days 11101
of the new application, meets all other requirements set forth in 11102
Section 83-39-5 and subsection (7)(b) of this section, and 11103
notifies the previous professional bail agent in writing that he 11104
is submitting an application for a new license. 11105
(5) The department shall prepare and deliver to each 11106
licensee a license showing the name, address and classification of 11107
the licensee, and shall certify that the person is a licensed 11108
professional bail agent, being designated as a personal surety 11109
agent or a limited surety agent, a soliciting bail agent or a bail 11110
enforcement agent. In addition, the license of a soliciting bail 11111
agent or bail enforcement agent, shall show the name of the 11112
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professional bail agent and any other information as the 11113
commissioner deems proper. 11114
(6) The commissioner, after a hearing under Section 11115
83-39-17, may refuse to issue a privilege license for a soliciting 11116
bail agent to change from one (1) professional bail agent to 11117
another if he owes any premium or debt to the professional bail 11118
agent with whom he is currently licensed. The commissioner, after 11119
a hearing under Section 83-39-17, shall refuse to issue a license 11120
for a limited surety agent if he owes any premium or debt to an 11121
insurer to which he has been appointed. If a license has been 11122
granted to a limited surety agent or a soliciting bail agent who 11123
owed any premium or debt to an insurer or professional bail agent, 11124
the commissioner, after a hearing under Section 83-39-17, shall 11125
revoke the license. 11126
(7) (a) Before the issuance of any initial professional 11127
bail agent, soliciting bail agent or bail enforcement agent 11128
license, the applicant shall submit proof of successful completion 11129
of forty (40) hours of prelicensing education approved by the 11130
Mississippi Insurance Department unless the applicant is currently 11131
licensed under this chapter on July 1, 2014, and has maintained 11132
that license in compliance with the continuing education 11133
requirements of subsection (8) of this section. Any applicant who 11134
has met all continuing education requirements as set forth in 11135
subsection (8)(a) of this section and has been properly licensed 11136
under this chapter within ninety (90) days of submitting an 11137
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application for a license shall not be subject to the prelicensing 11138
education requirement. 11139
(b) All applicants for a professional bail agent, 11140
soliciting bail agent or bail enforcement agent license applying 11141
for an original license after July 1, 2014, shall successfully 11142
complete a limited examination by the department for the 11143
restricted lines of business before the license can be issued; 11144
however, this examination requirement shall not apply to any 11145
licensed bail soliciting agent and bail enforcement agent 11146
transferring to another professional bail agent license, any 11147
licensed bail soliciting agent applying for a bail enforcement 11148
agent license, and any licensed bail enforcement agent applying 11149
for a bail soliciting agent license. An applicant shall only be 11150
required to successfully complete the limited examination once. 11151
(c) Beginning on July 1, 2011, in order to assist the 11152
department in determining an applicant's suitability for a license 11153
under this chapter as provided in the Fresh Start Act, the 11154
applicant shall submit a set of fingerprints with the submission 11155
of an application for license. The department shall forward the 11156
fingerprints to the Department of Public Safety for the purpose of 11157
conducting a criminal history record check. If no disqualifying 11158
record is identified at the state level, the Department of Public 11159
Safety shall forward the fingerprints to the Federal Bureau of 11160
Investigation for a national criminal history record check. Fees 11161
related to the criminal history record check shall be paid by the 11162
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applicant to the commissioner and the monies from such fees shall 11163
be deposited in the special fund in the State Treasury designated 11164
as the "Insurance Department Fund." 11165
(8) (a) Before the renewal of the license of any 11166
professional bail agent, soliciting bail agent or bail enforcement 11167
agent, the applicant shall submit proof of successful completion 11168
of continuing education hours as follows: 11169
(i) There shall be no continuing education 11170
required for the first licensure year; 11171
(ii) Except as provided in subparagraph (i), eight 11172
(8) hours of continuing education for each year or part of a year 11173
of the two-year license period, for a total of sixteen (16) hours 11174
per license period. 11175
(b) If an applicant for renewal failed to obtain the 11176
required eight (8) hours for each year of the license period 11177
during the actual license year in which the education was required 11178
to be obtained, the applicant shall not be eligible for a renewal 11179
license but shall be required to obtain an original license and be 11180
subject to the education requirements set forth in subsection (7). 11181
The commissioner shall not be required to comply with Section 11182
83-39-17 in denying an application for a renewal license under 11183
this paragraph (b). 11184
(c) The education hours required under this subsection 11185
(8) shall be approved by the Mississippi Insurance Department. 11186
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(d) The continuing education requirements under this 11187
subsection (8) shall not be required for renewal of a bail agent 11188
license for any applicant who is sixty-five (65) years of age and 11189
who has been licensed as a bail agent for a continuous period of 11190
twenty (20) years immediately preceding the submission of the 11191
application as evidenced by submission of an affidavit, under 11192
oath, on a form prescribed by the department, signed by the 11193
licensee attesting to satisfaction of the age, licensing, and 11194
experience requirements of this paragraph (d). 11195
(9) No license as a professional bail agent shall be issued 11196
unless the applicant has been duly licensed by the department as a 11197
soliciting bail agent for a period of three (3) consecutive years 11198
immediately preceding the submission of the application. However, 11199
this subsection (9) shall not apply to any person who was licensed 11200
as a professional bail agent before July 1, 2011. 11201
(10) A nonresident person may be licensed as a professional 11202
bail agent, bail soliciting agent or bail enforcement agent if: 11203
(a) The person's home state awards licenses to 11204
residents of this state on the same basis; and 11205
(b) The person has satisfied all requirements set forth 11206
in this chapter. 11207
(11) On or before October 1, 2016, the Insurance Department 11208
shall establish a statewide Electronic Bondsmen Registry for all 11209
licenses, powers of appointment and powers of attorney requiring 11210
registration under this section. Once established, each 11211
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professional bail agent, limited surety agent, bail soliciting 11212
agent, bail enforcement agent or insurance company writing bail 11213
bonds shall be required under this subsection (11) to register and 11214
maintain a record of each required license, power of appointment 11215
and power of attorney in the registry. Failure to comply with 11216
this provision will subject the agent to the penalties provided in 11217
Section 83-39-29. 11218
(12) From and after July 1, 2016, the expenses of this 11219
agency shall be defrayed by appropriation from the State General 11220
Fund and all user charges and fees authorized under this section 11221
shall be deposited into the State General Fund as authorized by 11222
law. 11223
(13) From and after July 1, 2016, no state agency shall 11224
charge another state agency a fee, assessment, rent or other 11225
charge for services or resources received by authority of this 11226
section. 11227
SECTION 133. Section 83-39-9, Mississippi Code of 1972, is 11228
amended as follows: 11229
83-39-9. The department upon receipt of the license 11230
application, the required fee * * * and, in the case of a 11231
professional bail agent, an approved qualification bond in the 11232
required amount, shall issue to the applicant a license to do 11233
business as a professional bail agent, soliciting bail agent or 11234
bail enforcement agent as the case may be. 11235
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No licensed professional bail agent shall have in his employ 11236
in the bail bond business any person who could not qualify for a 11237
license under this chapter, nor shall any licensed professional 11238
bail agent have as a partner or associate in such business any 11239
person who could not so qualify. 11240
SECTION 134. Section 83-39-15, Mississippi Code of 1972, is 11241
amended as follows: 11242
83-39-15. (1) The department may deny, suspend, revoke or 11243
refuse to renew, as may be appropriate, a license to engage in the 11244
business of professional bail agent, soliciting bail agent, or 11245
bail enforcement agent for any of the following reasons: 11246
(a) Any cause for which the issuance of the license 11247
would have been refused had it then existed and been known to the 11248
department. 11249
(b) Failure to post a qualification bond in the 11250
required amount with the department during the period the person 11251
is engaged in the business within this state or, if the bond has 11252
been posted, the forfeiture or cancellation of the bond. 11253
(c) Material misstatement, misrepresentation or fraud 11254
in obtaining the license. 11255
(d) Willful failure to comply with, or willful 11256
violation of, any provision of this chapter or of any proper 11257
order, rule or regulation of the department or any court of this 11258
state. 11259
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(e) Conviction of * * * a disqualifying crime as 11260
provided in the Fresh Start Act. 11261
(f) Default in payment to the court should any bond 11262
issued by such bail agent be forfeited by order of the court. 11263
(g) Being elected or employed as a law enforcement or 11264
judicial official. 11265
(h) Engaging in the practice of law. 11266
(i) Writing a bond in violation of Section 11267
83-39-3(2)(b)(i) and (ii). 11268
(j) Giving legal advice or a legal opinion in any form. 11269
(k) Acting as or impersonating a bail agent without a 11270
license. 11271
(l) Use of any other trade name than what is submitted 11272
on a license application to the department. 11273
(m) Issuing a bail bond that contains information 11274
intended to mislead a court about the proper delivery by personal 11275
service or certified mail of a writ of scire facias, judgment nisi 11276
or final judgment. 11277
(2) In addition to the grounds specified in subsection (1) 11278
of this section, the department shall be authorized to suspend the 11279
license, registration or permit of any person for being out of 11280
compliance with an order for support, as defined in Section 11281
93-11-153. The procedure for suspension of a license, 11282
registration or permit for being out of compliance with an order 11283
for support, and the procedure for the reissuance or reinstatement 11284
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of a license, registration or permit suspended for that purpose, 11285
and the payment of any fees for the reissuance or reinstatement of 11286
a license, registration or permit suspended for that purpose, 11287
shall be governed by Section 93-11-157 or 93-11-163, as the case 11288
may be. If there is any conflict between any provision of Section 11289
93-11-157 or 93-11-163 and any provision of this chapter, the 11290
provisions of Section 93-11-157 or 93-11-163, as the case may be, 11291
shall control. 11292
(3) In addition to the sanctions provided in this section, 11293
the department may assess an administrative fine in an amount not 11294
to exceed One Thousand Dollars ($1,000.00) per violation. Such 11295
administrative fines shall be in addition to any criminal 11296
penalties assessed under Section 99-5-1. 11297
SECTION 135. Section 83-49-11, Mississippi Code of 1972, is 11298
amended as follows: 11299
83-49-11. The commissioner may revoke or suspend or refuse 11300
to renew the license of any sponsor or representative of such 11301
sponsor when and if after investigation the commissioner finds 11302
that: 11303
(a) Any license issued to such sponsor or 11304
representative of such sponsor was obtained by fraud; 11305
(b) There was any misrepresentation in the application 11306
for the license; 11307
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(c) The sponsor or representative of such sponsor has 11308
otherwise shown itself untrustworthy or incompetent to act as a 11309
sponsor or representative of such sponsor; 11310
(d) Such sponsor or representative of such sponsor has 11311
violated any of the provisions of this chapter or of the rules and 11312
regulations of the commissioner; 11313
(e) The sponsor or representative of such sponsor has 11314
misappropriated, converted, illegally withheld, or refused to pay 11315
over upon proper demand any monies entrusted to the sponsor or 11316
representative of such sponsor in its fiduciary capacity belonging 11317
to an insurer or insured; 11318
(f) The sponsor or representative of such sponsor is 11319
found to be in an unsound condition or in such condition as to 11320
render the future transaction of business in this state hazardous 11321
to the public; or 11322
(g) The sponsor or representative of such sponsor is 11323
found guilty of fraudulent, deceptive, unfair or dishonest 11324
practices as defined in Section 83-5-35 or 83-5-45, Mississippi 11325
Code of 1972, or has been convicted of a * * * disqualifying crime 11326
as provided in the Fresh Start Act. 11327
Before any license shall be refused, suspended, revoked or 11328
the renewal thereof refused hereunder, the commissioner shall give 11329
notice of his intention so to do, by certified mail, return 11330
receipt requested, to the applicant for or holder of such license 11331
and to any sponsor whom such representative represents or who 11332
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desires that he be licensed, and shall set a date not less than 11333
twenty (20) days from the date of mailing such notice when the 11334
applicant or licensee and a duly authorized representative of the 11335
sponsor may appear to be heard and produce evidence. In the 11336
conduct of such hearing, the commissioner or any regular salaried 11337
employee specially designated by him for such purposes shall have 11338
power to administer oaths, to require the appearance of and 11339
examine any person under oath, and to require the production of 11340
books, records or papers relevant to the inquiry upon his own 11341
initiative or upon the request of the applicant or licensee. Upon 11342
the termination of such hearing, findings shall be reduced to 11343
writing and, upon approval by the commissioner, shall be filed in 11344
his office; and notice of the findings shall be sent by certified 11345
mail to the applicant or licensee and the sponsor concerned. 11346
No licensee whose license has been revoked hereunder shall be 11347
entitled to file another application for a license as a sponsor or 11348
a representative of any sponsor within one (1) year from the 11349
effective date of such revocation. Such application, when filed, 11350
may be refused by the commissioner unless the applicant shows good 11351
cause why the revocation of his license shall not be deemed a bar 11352
to the issuance of a new license. 11353
In lieu of revoking, suspending or refusing to renew the 11354
license for any of the causes enumerated in this section, after 11355
hearing as herein provided, the commissioner may place the sponsor 11356
on probation for a period of time not to exceed one (1) year, or 11357
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may fine such sponsor not more than One Thousand Dollars 11358
($1,000.00) for each offense, or both, when in his judgment he 11359
finds that the public interest would not be harmed by the 11360
continued operation of the sponsor. The amount of any such 11361
penalty shall be paid by such sponsor to the commissioner for the 11362
use of the state. At any hearing provided by this section, the 11363
commissioner shall have authority to administer oaths to 11364
witnesses. Anyone testifying falsely, after having been 11365
administered such oath, shall be subject to the penalty of 11366
perjury. 11367
Any action of the commissioner taken pursuant to the 11368
provisions of this section shall be subject to review as may be 11369
provided in Section 83-17-125. 11370
SECTION 136. Section 97-33-57, Mississippi Code of 1972, is 11371
amended as follows: 11372
97-33-57. (1) The commission shall investigate the 11373
qualifications of each applicant and the merits of the 11374
application, with due expedition after the filing of the 11375
application, and shall make the following determinations: 11376
(a) That the applicant is duly qualified to hold, 11377
operate and conduct bingo games under the provisions of Sections 11378
97-33-51 through 97-33-203 and the rules and regulations of the 11379
commission governing same. 11380
(b) That the member or members of the organization 11381
designated in the application to hold, operate, conduct, or assist 11382
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in holding, operating, or conducting, the bingo games are bona 11383
fide active members of the organization * * *, who have never been 11384
convicted of * * * a disqualifying crime as provided in the Fresh 11385
Start Act. 11386
(c) That bingo games are to be held, operated and 11387
conducted in accordance with the provisions of Sections 97-33-51 11388
through 97-33-203 and in accordance with the rules and regulations 11389
of the commission governing same, and that the proceeds thereof 11390
are to be disposed of as provided by Sections 97-33-51 through 11391
97-33-203. 11392
(2) If the commission is satisfied that no commission, 11393
salary, compensation, reward or recompense whatever, except as 11394
otherwise provided in Section 97-33-69, will be paid or given to 11395
any person holding, operating or conducting any bingo game, it may 11396
issue a license to the applicant for the holding, operating and 11397
conducting of bingo games. 11398
(3) No license for holding, operating or conducting bingo 11399
games that is issued under Sections 97-33-51 through 97-33-203 11400
shall be effective for more than three (3) calendar years. 11401
(4) The commission shall not issue a license to: 11402
(a) Any person who has been convicted of * * * a 11403
disqualifying crime as provided in the Fresh Start Act or who 11404
presently has such a charge pending in any state or federal court; 11405
(b) Any person who has ever been convicted of a 11406
gambling-related offense in any state or federal court; 11407
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(c) Any person who is or has ever been a professional 11408
gambler; 11409
(d) Any firm, organization or corporation in which any 11410
person as described in paragraphs (a) through (c) is an officer or 11411
director, whether compensated or not, or in which such person has 11412
a direct or indirect financial interest; 11413
(e) The commission may deny an application for 11414
licensure, refuse to renew a license, or suspend or revoke a 11415
license for any reason consistent with the purposes of Sections 11416
97-33-51 through 97-33-203 which it deems to be in the interest of 11417
the public. However, policies regarding such denial, suspension, 11418
revocation or refusal to renew shall be established by rule and 11419
regulation. If the commission fails to act upon the license 11420
application within sixty (60) days of the date of filing of the 11421
application by the charitable organization, such application shall 11422
be deemed accepted. 11423
(5) Any significant change in the information submitted on 11424
its application for licensure shall be filed by a licensee with 11425
the commission within ten (10) days of the change. A significant 11426
change shall include, but not be limited to, any change in the 11427
officers, directors, managers, proprietors or persons having a 11428
direct or indirect financial interest in any licensed organization 11429
or entity. 11430
SECTION 137. Section 97-33-315, Mississippi Code of 1972, is 11431
amended as follows: 11432
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97-33-315. (1) The executive director shall make 11433
appropriate investigations: 11434
(a) To determine whether there has been any violation 11435
of Sections 97-33-301 through 97-33-317 or of any regulations 11436
adopted thereunder. 11437
(b) To determine any facts, conditions, practices or 11438
matters which it may deem necessary or proper to aid in the 11439
enforcement of any such law or regulation. 11440
(c) To aid in adopting regulations. 11441
(d) To secure information as a basis for recommending 11442
legislation relating to Sections 97-33-301 through 97-33-317. 11443
(e) To determine annual compliance with Sections 11444
97-33-301 through 97-33-317. 11445
(2) If after any investigation the executive director is 11446
satisfied that a license should be limited, conditioned, suspended 11447
or revoked, he shall initiate a hearing by filing a complaint with 11448
the commission and transmit therewith a summary of evidence in his 11449
possession bearing on the matter and the transcript of testimony 11450
at any investigative hearing conducted by or on behalf of the 11451
executive director to the licensee. 11452
(3) Upon receipt of the complaint of the executive director, 11453
the commission shall review all matter presented in support 11454
thereof and shall appoint a hearing examiner to conduct further 11455
proceedings. 11456
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(4) After proceedings required by Sections 97-33-301 through 11457
97-33-317, the hearing examiner may recommend that the commission 11458
take any or all of the following actions: 11459
(a) As to operations at a licensed gaming establishment 11460
under Section 97-33-307(5): 11461
(i) Limit, condition, suspend or revoke the 11462
license of any licensed gaming establishment or the individual 11463
license of any licensee without affecting the license of the 11464
establishment; and 11465
(ii) Order an operator to exclude an individual 11466
licensee from the operation of the registered business or not to 11467
pay the licensee any remuneration for services or any profits, 11468
income or accruals on his investment in the licensed gaming 11469
establishment; 11470
(b) Limit, condition, suspend or revoke any license 11471
granted to any applicant by the commission; 11472
(c) Fine each licensee for any act or transaction for 11473
which commission approval was required or permitted, as provided 11474
in Section 97-33-309. 11475
(5) The hearing examiner shall prepare a written decision 11476
containing his recommendation to the commission and shall serve it 11477
on all parties. Any party disagreeing with the hearing examiner's 11478
recommendation may ask the commission to review the recommendation 11479
within ten (10) days of service of the recommendation. The 11480
commission may hold a hearing to consider the recommendation 11481
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whether there has been a request to review the recommendation or 11482
not. 11483
(6) If the commission decides to review the recommendation, 11484
it shall give notice of that fact to all parties within thirty 11485
(30) days of the recommendation and shall schedule a hearing to 11486
review the recommendation. The commission's review shall be de 11487
novo but shall be based upon the evidence presented before the 11488
hearing examiner. The commission may remand the case to the 11489
hearing examiner for the presentation of additional evidence upon 11490
a showing of good cause why the evidence could not have been 11491
presented at the previous hearing. 11492
(7) If the commission does not decide to review the 11493
recommendation within thirty (30) days, the recommendation becomes 11494
the final order of the commission. 11495
(8) If the commission limits, conditions, suspends or 11496
revokes any license, or imposes a fine, it shall issue its written 11497
order therefor after causing to be prepared and filed the hearing 11498
examiner's written decision upon which the order is based. 11499
(9) Any limitation, condition, revocation, suspension or 11500
fine is effective until reversed upon judicial review, except that 11501
the commission may stay its order pending a rehearing or judicial 11502
review upon such terms and conditions as it deems proper. 11503
(10) Judicial review of an order or decision of the 11504
commission may be had to the Chancery Court of the First Judicial 11505
District of Hinds County, Mississippi, as a case in equity. 11506
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(11) A license * * * may be revoked if the individual is 11507
convicted of a * * * disqualifying crime as provided in the Fresh 11508
Start Act. An appeal from the conviction shall not act as a 11509
supersedeas to the revocation required by this subsection. 11510
SECTION 138. Section 17-17-503, Mississippi Code of 1972, is 11511
brought forward as follows: 11512
17-17-503. (1) Every applicant for issuance, reissuance or 11513
transfer of a permit for the treatment, processing, storage or 11514
disposal of solid waste at a commercial nonhazardous solid waste 11515
management facility or hazardous waste at a commercial hazardous 11516
waste management facility shall file with the Permit Board at the 11517
time the application is filed a disclosure statement. The 11518
disclosure statement shall be sworn to or affirmed and subscribed 11519
and dated by the applicant. The disclosure statement shall be 11520
filed on forms supplied by the department and shall contain the 11521
following information: 11522
(a) (i) If the applicant is an individual, the full 11523
name, business address, date of birth and social security number 11524
of the applicant; or 11525
(ii) If the applicant is a business concern, the 11526
full name, business address, date of establishment, and federal 11527
employer identification number of the business concern, and the 11528
full names, business addresses, dates of birth and social security 11529
numbers of any officers, directors, partners or key employees 11530
thereof and all persons or business concerns holding equity in 11531
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that business concern, or if the business concern is a publicly 11532
traded corporation, an individual holding more than five percent 11533
(5%), individuals related within third degree holding a cumulative 11534
of five percent (5%) or more or business concerns holding more 11535
than five percent (5%) of the equity in that business concern, 11536
except where the equity is held by an investment company which is 11537
publicly traded or a chartered lending institution, in which case 11538
the applicant need only supply the name and business address of 11539
the investment company or lending institution; 11540
(b) The full names, business addresses, dates of birth 11541
and social security numbers of all officers, directors or partners 11542
of any business concern disclosed in the statement and the name 11543
and addresses of all persons holding any equity in any business 11544
concern so disclosed, if the business concern is a publicly traded 11545
corporation, an individual holding more than five percent (5%), 11546
individuals related within third degree holding a cumulative of 11547
five percent (5%) or more or business concerns holding more than 11548
five percent (5%) of the equity in that business concern, except 11549
where the equity is held by an investment company which is 11550
publicly traded or a chartered lending institution, in which case 11551
the applicant need only supply the name and business address of 11552
the investment company which is publicly traded or lending 11553
institution; 11554
(c) A listing of all persons or business concerns 11555
holding debt liability in a nonpublicly traded applicant business 11556
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concern. If the applicant business concern is publicly traded, a 11557
listing of all individuals or business concerns holding more than 11558
five percent (5%), or individuals related within the third degree 11559
holding a cumulative of five (5%) or more debt liability in the 11560
applicant business concern. In accordance with the debt liability 11561
disclosure requirements for applicants, any business concern 11562
disclosed pursuant to paragraph (b) shall provide a listing of 11563
debt liability holders. The listing of debt liability holders 11564
shall include for each person or business concern the full name, 11565
business address, federal employer identification number, amount 11566
of debt liability held in United States dollars and the percentage 11567
of the total debt liability held. For the purposes of this 11568
section, individuals and business concerns disclosed pursuant to 11569
this paragraph are not subject to further disclosure requirements 11570
and shall not be considered a "disclosed business concern" unless 11571
expressly requested by the Permit Board; 11572
(d) The full name and business address of any company 11573
which collects, transports, treats, processes, stores or disposes 11574
of solid or hazardous waste in which the applicant holds an equity 11575
interest of five percent (5%) or more; 11576
(e) A description of the business experience and 11577
credentials, including any past or present permits or licenses for 11578
the treatment, processing, storage or disposal of solid or 11579
hazardous waste possessed by the applicant, or if the applicant is 11580
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a business concern, by the key employees, officers, directors or 11581
partners thereof; 11582
(f) A listing and explanation of any notices of 11583
violation, prosecutions, administrative orders (whether by consent 11584
or otherwise) or license or permit suspensions or revocations, or 11585
enforcement actions of any sort by any state or federal authority 11586
within the five-year period immediately preceding the filing of 11587
the application, which are pending or have concluded in a finding 11588
of violation or entry of a consent agreement regarding any 11589
allegation of civil or criminal violation of any law, regulation 11590
or requirement related to the treatment, processing, storage or 11591
disposal of solid or hazardous waste by any person required to be 11592
disclosed in the statement and an itemized list by any person 11593
required to be disclosed in the statement of all final convictions 11594
of and pleas of guilty or nolo contendere to any crime punishable 11595
as a felony in any jurisdiction within the five-year period 11596
immediately preceding the filing of the application for the 11597
issuance, reissuance or transfer of a permit; 11598
(g) A listing of any agencies outside of Mississippi 11599
which had regulatory responsibility over the applicant in 11600
connection with its treatment, processing, storage or disposal of 11601
solid or hazardous waste; and 11602
(h) Any other information the Permit Board may require 11603
related to the disclosure statement as described above or the 11604
evaluation of such statement as described in Section 17-17-505. 11605
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(2) The disclosure statement shall be updated as required by 11606
the Permit Board, but not more frequently than annually. 11607
(3) The provisions of subsections (6) and (7) of Section 11608
17-17-27 shall be applicable to information submitted by the 11609
applicant to the Permit Board under this section. 11610
(4) (a) The provisions of this subsection shall apply only 11611
to applicants for permits involving the storage, treatment, 11612
processing or disposal of nonhazardous solid waste only. 11613
(b) The Commission on Environmental Quality may waive 11614
the filing of disclosure information required by this section if 11615
the information regards the holder of less than five percent (5%) 11616
of the equity of the applicant or the holder of less than five 11617
percent (5%) of the equity in any business concern which holds 11618
equity in the applicant. 11619
(c) In order to apply for the waiver, the applicant 11620
shall file a sworn petition requesting such waiver and allege 11621
either (i) that the information cannot be ascertained after 11622
reasonable and diligent search and inquiry, setting forth in the 11623
petition the facts and circumstances alleged to constitute the 11624
reasonable and diligent search and inquiry to obtain the 11625
information or (ii) the information required is not relevant or 11626
material, setting forth in the petition the facts and 11627
circumstances in support of the irrelevancy or immateriality of 11628
the information. 11629
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(d) The commission may waive the filing of such 11630
information if the commission finds and declares such information 11631
either (i) to be unobtainable after reasonable and diligent search 11632
and inquiry or (ii) to be irrelevant or immaterial to the review 11633
of the application and (iii) unnecessary to the discharge of its 11634
responsibilities with regard to such permit as set forth by law. 11635
(e) Any applicant, other person or interested party 11636
aggrieved by an order of the commission waiving the filing of such 11637
information may appeal the decision of the commission in the 11638
manner provided in Section 49-17-41, Mississippi Code of 1972. 11639
SECTION 139. Section 17-17-505, Mississippi Code of 1972, is 11640
brought forward as follows: 11641
17-17-505. (1) The Permit Board may refuse to issue, 11642
reissue or transfer a permit for the treatment, processing, 11643
storage or disposal of solid waste at a commercial nonhazardous 11644
solid waste management facility or hazardous waste at a commercial 11645
hazardous waste management facility if the Permit Board finds that 11646
the applicant or any person required to be listed in the 11647
disclosure statement: 11648
(a) Has misrepresented or concealed any material fact 11649
in the disclosure statement; 11650
(b) Has obtained a permit from the Permit Board by 11651
misrepresentation or concealment of a material fact; 11652
(c) Has been convicted of a felony or pleaded guilty or 11653
nolo contendere to a felony involving any federal or state laws, 11654
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including environmental laws, within the five-year period 11655
immediately preceding the filing of the application for the 11656
issuance, reissuance or transfer of a permit; 11657
(d) Has habitually violated any provisions of federal 11658
or state environmental laws, rules or regulations related to the 11659
management of solid or hazardous waste within the five-year period 11660
immediately preceding the filing of the application for the 11661
issuance, reissuance or transfer of a permit; 11662
(e) Has been adjudicated in contempt of an order of any 11663
court enforcing any state or federal environmental laws within the 11664
five-year period immediately preceding the filing of the 11665
application for the issuance, reissuance or transfer of a permit; 11666
(f) Has been convicted of or pleaded guilty or nolo 11667
contendere to bribery or attempting to bribe a public officer or 11668
employee of the federal government, or any state or local 11669
government in the United States, in the public officer's or 11670
employee's official capacity within the five-year period 11671
immediately preceding the filing of the application for the 11672
issuance, reissuance or transfer of a permit; or 11673
(g) Has been convicted of or pleaded guilty or nolo 11674
contendere to collusion among bidders or prospective bidders in 11675
restraint of freedom of competition by agreement to bid a fixed 11676
price within the five-year period immediately preceding the filing 11677
of the application for the issuance, reissuance or transfer of a 11678
permit. 11679
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(2) In determining whether to issue, reissue or transfer a 11680
permit for the treatment, processing, storage or disposal of solid 11681
waste at a commercial nonhazardous solid waste management facility 11682
or hazardous waste at a commercial hazardous waste management 11683
facility, the Permit Board shall consider the facts and any 11684
mitigating factors including: 11685
(a) The relevance of the offense to the business for 11686
which a permit is sought or the nature and responsibilities of the 11687
position which a convicted individual would hold; 11688
(b) The nature and seriousness of the offense; 11689
(c) The circumstances under which the offense occurred; 11690
(d) The date of the offense; 11691
(e) The ownership and management structure in place at 11692
the time of the offense. 11693
(3) The Permit Board shall allow the applicant to submit 11694
evidence of rehabilitation and shall consider the applicant's 11695
efforts to prevent recurrence of unlawful activity in its 11696
determination under subsection (2) of this section. Items to be 11697
considered by the Permit Board shall include: 11698
(a) The applicant's record and history of implementing 11699
successful corrective actions undertaken to prevent or minimize 11700
the likelihood of recurrence of the offense; 11701
(b) Whether the offense was an isolated or repeated 11702
incident; 11703
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(c) Whether the applicant cooperated with governmental 11704
bodies during investigations or voluntarily provided information 11705
regarding any offense under consideration; 11706
(d) The number and types of permits held by the 11707
applicant, and the experience of the applicant in conducting its 11708
business; 11709
(e) Implementation by the applicant of formal policies, 11710
training programs, or management controls to substantially 11711
minimize or prevent the occurrence of future violations or 11712
unlawful activities; 11713
(f) Implementation by the applicant of an environmental 11714
compliance auditing program to assess and monitor compliance with 11715
environmental laws, rules, regulations and permit conditions; and 11716
(g) The applicant's discharge of individuals or 11717
severance of the interest of or affiliation with responsible 11718
parties, who would otherwise cause the Permit Board to deny a 11719
permit. 11720
(4) If the Permit Board finds pursuant to this section that 11721
mitigating factors exist or that the applicant has demonstrated 11722
rehabilitation, the Permit Board may issue, reissue or transfer 11723
the permit for the treatment, processing, storage or disposal of 11724
solid waste at a commercial nonhazardous solid waste management 11725
facility or hazardous waste at a commercial hazardous waste 11726
management facility. 11727
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SECTION 140. Section 19-25-19, Mississippi Code of 1972, is 11728
brought forward as follows: 11729
19-25-19. Every sheriff shall have power to appoint one or 11730
more deputies to assist him in carrying out the duties of his 11731
office, every such appointment to be in writing, to remove them at 11732
pleasure, and to fix their compensation, subject to the budget for 11733
the sheriff's office approved by the county board of supervisors. 11734
Such deputies shall have authority to do all the acts and duties 11735
enjoined upon their principals. Every deputy sheriff, except such 11736
as may be appointed to do a particular act only, before he enters 11737
on the duties of office, shall take and subscribe an oath 11738
faithfully to execute the office of deputy sheriff, according to 11739
the best of his skill and judgment. The appointment, with the 11740
certificate of the oath, shall be filed and preserved in the 11741
office of the clerk of the board of supervisors. All sheriffs 11742
shall be liable for the acts of their deputies, and for money 11743
collected by them. The circuit court, after a notice and a 11744
hearing, shall have power to remove such deputies and also 11745
bailiffs, upon a showing that the public interest will be served 11746
thereby. Each deputy sheriff shall be at least twenty-one (21) 11747
years of age, a qualified elector of the State of Mississippi, and 11748
shall not have been convicted of a felony. Prior to appointing 11749
any person a deputy sheriff, the sheriff shall determine that the 11750
proposed appointee is of good moral character and is capable of 11751
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fairly and impartially enforcing the law of the State of 11752
Mississippi. 11753
SECTION 141. Section 25-34-43, Mississippi Code of 1972, is 11754
brought forward as follows: 11755
25-34-43. (1) The Secretary of State may deny, refuse to 11756
renew, revoke, suspend or impose a condition on a commission as 11757
notary public for any act or omission that demonstrates the 11758
individual lacks the honesty, integrity, competence or reliability 11759
to act as a notary public, including: 11760
(a) Failure to comply with this chapter; 11761
(b) A fraudulent, dishonest or deceitful misstatement 11762
or omission in the application for a commission as a notary public 11763
submitted to the Secretary of State; 11764
(c) A conviction of any felony, including a plea of 11765
nolo contendere, of the applicant or notary public, unless 11766
released from incarceration more than ten (10) years before the 11767
commission is to take effect or, if no incarceration is ordered, 11768
more than ten (10) years from the conviction date have passed; 11769
(d) A conviction, including a plea of nolo contendere, 11770
of the applicant or notary public for any crime determined by the 11771
Secretary of State to be of a nature incompatible with the duties 11772
of a notary public; 11773
(e) Failure by the notary public to discharge any duty 11774
required of a notary public, whether required by this chapter, 11775
rules of the Secretary of State or any federal or state law; 11776
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(f) Use of false or misleading advertising or 11777
representation by the notary public representing that the notary 11778
has a duty, right or privilege that the notary does not have; 11779
(g) Violation by the notary public of a rule of the 11780
Secretary of State regarding a notary public; 11781
(h) Denial, refusal to renew, revocation, suspension or 11782
conditioning of a notary public commission in another state; 11783
(i) Failure of the notary public to maintain an 11784
assurance as provided in Section 25-34-41(4); or 11785
(j) Failure to maintain and protect the notary's 11786
journal as required by this chapter and any rules promulgated by 11787
the Secretary of State under this chapter. 11788
(2) If the Secretary of State denies, refuses to renew, 11789
revokes, suspends or imposes conditions on a commission as a 11790
notary public, the applicant or notary public is entitled to file 11791
an appeal in proper form with the Secretary of State within 11792
forty-five (45) days after the Secretary of State's action, except 11793
that an applicant may not appeal when the Secretary of State, 11794
within five (5) years preceding the application, has: 11795
(a) Denied or revoked for disciplinary reasons any 11796
previous application, commission or license of the applicant; or 11797
(b) Made a finding under this chapter that the grounds 11798
for revocation of the applicant's commission existed. 11799
(3) The authority of the Secretary of State to deny, refuse 11800
to renew, suspend, revoke or impose conditions on a commission as 11801
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a notary public does not prevent a person from seeking and 11802
obtaining other criminal or civil remedies provided by law. 11803
SECTION 142. Section 27-115-69, Mississippi Code of 1972, is 11804
brought forward as follows: 11805
27-115-69. (1) The corporation may purchase, lease or 11806
lease-purchase such goods or services as are necessary for 11807
effectuating the purposes of this chapter. The corporation shall 11808
not contract with any person or entity for the total operation and 11809
administration of the lottery, but it may make procurements which 11810
integrate such functions as lottery game design, lottery ticket 11811
distribution to retailers, supply of goods and services and 11812
advertising. In all procurement decisions, the corporation shall 11813
take into account the particularly sensitive nature of the lottery 11814
and shall act to promote and ensure security, honesty, fairness 11815
and integrity in the operation and administration of the lottery 11816
and the objectives of raising net proceeds for the benefit of the 11817
public. 11818
(2) The corporation shall investigate the financial 11819
responsibility, security and integrity of any lottery system 11820
vendor who submits a bid, proposal or offer. At the time of 11821
submitting such bid, proposal or offer to the corporation, the 11822
corporation shall require the following items: 11823
(a) A disclosure of the vendor's name and address and, 11824
as applicable, the name and address of the following: 11825
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(i) If the vendor is a corporation, the officers, 11826
directors and each stockholder in such corporation; however, in 11827
the case of owners of equity securities of a publicly traded 11828
corporation, only the names and addresses of those known to the 11829
corporation to own five percent (5%) or more of such securities 11830
need be disclosed. 11831
(ii) If the vendor is a trust, the trustee and all 11832
persons entitled to receive income or benefits from the trust. 11833
(iii) If the vendor is an association, the 11834
members, officers and directors. 11835
(iv) If the vendor is a partnership or joint 11836
venture, all of the general partners, limited partners, or joint 11837
venturers. 11838
(b) A disclosure of all the states and jurisdictions in 11839
which the vendor does business, and the nature of the business for 11840
each such state or jurisdiction. 11841
(c) A disclosure of all the states and jurisdictions in 11842
which the vendor has contracts to supply gaming goods or services, 11843
including, but not limited to, lottery goods and services, and the 11844
nature of the goods or services involved for each such state or 11845
jurisdiction. 11846
(d) A disclosure of all the states and jurisdictions in 11847
which the vendor has applied for, has sought renewal of, has 11848
received, has been denied, has pending, or has had revoked a 11849
gaming license of any kind, or had fines or penalties assessed on 11850
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their license, contract, or operation, and the disposition of such 11851
in each such state or jurisdiction. If any lottery license or 11852
contract has been revoked or has not been renewed or any lottery 11853
license or application has remained pending for more than six (6) 11854
months, then it shall be disclosed. 11855
(e) A disclosure of the details of any finding of a 11856
plea, conviction or adjudication for guilt, in a state or federal 11857
court, of the vendor for any felony or any other criminal offense 11858
other than a traffic violation. 11859
(f) A disclosure of the details of any bankruptcy, 11860
insolvency, reorganization, corporate or individual purchase or 11861
takeover of another corporation, including bonded indebtedness, or 11862
any pending litigation of the vendor. 11863
(g) Such additional disclosures and information as the 11864
corporation may determine to be appropriate for the procurement 11865
involved. If the vendor subcontracts any substantial portion of 11866
the work to be performed under the contract to a subcontractor, 11867
the vendor shall disclose all of the information required by this 11868
subsection for the subcontractor as if the subcontractor were 11869
itself a vendor. 11870
(3) In no case shall the corporation enter into a contract 11871
for a procurement of any video lottery or video lottery terminal 11872
or any other illegal lottery device, and shall only enter into a 11873
contract for a procurement for any lottery system with a vendor 11874
who has complied with the disclosures required by the corporation 11875
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and described in subsection (2) of this section, and any contract 11876
with such a vendor is void and unenforceable. Any contract with a 11877
vendor who does not comply with such requirements for periodically 11878
updating such disclosures during the tenure of a contract as may 11879
be specified in such contract is voidable and may be terminated by 11880
the corporation. The provisions of this section shall be 11881
construed broadly and liberally to achieve the ends of full 11882
disclosure of all information necessary to allow for a full and 11883
complete evaluation by the corporation of the competence, 11884
integrity, background and character of vendors. 11885
(4) (a) A contract shall not be entered into with any 11886
vendor who has been found guilty of a felony related to the 11887
security or integrity of the lottery in this or any other 11888
jurisdiction or with any vendor who is found to be in possession 11889
of any illegal lottery device. 11890
(b) A contract shall not be entered into with any 11891
vendor who has not first obtained a signed tax clearance from the 11892
Commissioner of Revenue indicating that the vendor is current in 11893
filing all applicable tax returns and in payment of all taxes, 11894
interest and penalties owed to the State of Mississippi, excluding 11895
items under formal appeal pursuant to applicable statutes. 11896
(5) The corporation may require that each vendor shall, at 11897
the execution of the contract with the corporation, post a 11898
performance bond or letter of credit from a bank acceptable to the 11899
corporation, in an amount established by the corporation subject 11900
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to the provisions of Section 27-115-61. In lieu of the bond, a 11901
vendor may, to assure the faithful performance of its obligations, 11902
deposit and maintain with the corporation securities that are 11903
interest-bearing or accruing and that are rated in one (1) of the 11904
three (3) highest classifications by an established nationally 11905
recognized investment rating service. Securities eligible under 11906
this subsection are limited to: 11907
(a) Certificates of deposit issued by solvent banks or 11908
savings associations approved by the corporation and which are 11909
organized and existing under the laws of this state or under the 11910
laws of the United States. 11911
(b) United States bonds, notes, and bills for which the 11912
full faith and credit of the government of the United States is 11913
pledged for the payment of principal and interest. 11914
(c) Corporate bonds approved by the corporation. The 11915
corporation which issued the bonds shall not be an affiliate or 11916
subsidiary of the depositor. Such securities shall be held in 11917
trust. 11918
(6) Every contract entered into by the corporation pursuant 11919
to this section shall contain a provision for payment of 11920
liquidated damages to the corporation for any breach of contract 11921
by the vendor. 11922
(7) Each vendor shall be qualified to do business in this 11923
state and shall file appropriate tax returns as provided by the 11924
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laws of this state. All contracts under this section shall be 11925
governed by the laws of this state. 11926
SECTION 143. Section 37-9-17, Mississippi Code of 1972, is 11927
brought forward as follows: 11928
37-9-17. (1) On or before April 1 of each year, the 11929
principal of each school shall recommend to the superintendent of 11930
the local school district the licensed employees or 11931
noninstructional employees to be employed for the school involved 11932
except those licensed employees or noninstructional employees who 11933
have been previously employed and who have a contract valid for 11934
the ensuing scholastic year. If such recommendations meet with 11935
the approval of the superintendent, the superintendent shall 11936
recommend the employment of such licensed employees or 11937
noninstructional employees to the local school board, and, unless 11938
good reason to the contrary exists, the board shall elect the 11939
employees so recommended. If, for any reason, the local school 11940
board shall decline to elect any employee so recommended, 11941
additional recommendations for the places to be filled shall be 11942
made by the principal to the superintendent and then by the 11943
superintendent to the local school board as provided above. The 11944
school board of any local school district shall be authorized to 11945
designate a personnel supervisor or another principal employed by 11946
the school district to recommend to the superintendent licensed 11947
employees or noninstructional employees; however, this 11948
authorization shall be restricted to no more than two (2) 11949
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positions for each employment period for each school in the local 11950
school district. Any noninstructional employee employed upon the 11951
recommendation of a personnel supervisor or another principal 11952
employed by the local school district must have been employed by 11953
the local school district at the time the superintendent was 11954
elected or appointed to office; a noninstructional employee 11955
employed under this authorization may not be paid compensation in 11956
excess of the statewide average compensation for such 11957
noninstructional position with comparable experience, as 11958
established by the State Department of Education. The school 11959
board of any local school district shall be authorized to 11960
designate a personnel supervisor or another principal employed by 11961
the school district to accept the recommendations of principals or 11962
their designees for licensed employees or noninstructional 11963
employees and to transmit approved recommendations to the local 11964
school board; however, this authorization shall be restricted to 11965
no more than two (2) positions for each employment period for each 11966
school in the local school district. 11967
When the licensed employees have been elected as provided in 11968
the preceding paragraph, the superintendent of the district shall 11969
enter into a contract with such persons in the manner provided in 11970
this chapter. 11971
If, at the commencement of the scholastic year, any licensed 11972
employee shall present to the superintendent a license of a higher 11973
grade than that specified in such individual's contract, such 11974
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individual may, if funds are available from the total funding 11975
formula funds of the district as provided for in Sections 11976
37-151-200 through 37-151-215, or from district funds, be paid 11977
from such funds the amount to which such higher grade license 11978
would have entitled the individual, had the license been held at 11979
the time the contract was executed. 11980
(2) Superintendents/directors of schools under the purview 11981
of the State Board of Education, the superintendent of the local 11982
school district and any private firm under contract with the local 11983
public school district to provide substitute teachers to teach 11984
during the absence of a regularly employed schoolteacher shall 11985
require, through the appropriate governmental authority, that 11986
current criminal records background checks and current child abuse 11987
registry checks are obtained, and that such criminal record 11988
information and registry checks are on file for any new hires 11989
applying for employment as a licensed or nonlicensed employee at a 11990
school and not previously employed in such school under the 11991
purview of the State Board of Education or at such local school 11992
district prior to July 1, 2000. In order to determine the 11993
applicant's suitability for employment, the applicant shall be 11994
fingerprinted. If no disqualifying record is identified at the 11995
state level, the fingerprints shall be forwarded by the Department 11996
of Public Safety to the Federal Bureau of Investigation for a 11997
national criminal history record check. The fee for such 11998
fingerprinting and criminal history record check shall be paid by 11999
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the applicant, not to exceed Fifty Dollars ($50.00); however, the 12000
State Board of Education, the school board of the local school 12001
district or a private firm under contract with a local school 12002
district to provide substitute teachers to teach during the 12003
temporary absence of the regularly employed schoolteacher, in its 12004
discretion, may elect to pay the fee for the fingerprinting and 12005
criminal history record check on behalf of any applicant. Under 12006
no circumstances shall a member of the State Board of Education, 12007
superintendent/director of schools under the purview of the State 12008
Board of Education, local school district superintendent, local 12009
school board member or any individual other than the subject of 12010
the criminal history record checks disseminate information 12011
received through any such checks except insofar as required to 12012
fulfill the purposes of this section. Any nonpublic school which 12013
is accredited or approved by the State Board of Education may 12014
avail itself of the procedures provided for herein and shall be 12015
responsible for the same fee charged in the case of local public 12016
schools of this state. The determination whether the applicant 12017
has a disqualifying crime, as set forth in subsection (3) of this 12018
section, shall be made by the appropriate governmental authority, 12019
and the appropriate governmental authority shall notify the 12020
private firm whether a disqualifying crime exists. 12021
(3) If such fingerprinting or criminal record checks 12022
disclose a felony conviction, guilty plea or plea of nolo 12023
contendere to a felony of possession or sale of drugs, murder, 12024
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manslaughter, armed robbery, rape, sexual battery, sex offense 12025
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 12026
burglary, gratification of lust or aggravated assault which has 12027
not been reversed on appeal or for which a pardon has not been 12028
granted, the new hire shall not be eligible to be employed at such 12029
school. Any employment contract for a new hire executed by the 12030
superintendent of the local school district or any employment of a 12031
new hire by a superintendent/director of a new school under the 12032
purview of the State Board of Education or by a private firm shall 12033
be voidable if the new hire receives a disqualifying criminal 12034
record check. However, the State Board of Education or the school 12035
board may, in its discretion, allow any applicant aggrieved by the 12036
employment decision under this section to appear before the 12037
respective board, or before a hearing officer designated for such 12038
purpose, to show mitigating circumstances which may exist and 12039
allow the new hire to be employed at the school. The State Board 12040
of Education or local school board may grant waivers for such 12041
mitigating circumstances, which shall include, but not be limited 12042
to: (a) age at which the crime was committed; (b) circumstances 12043
surrounding the crime; (c) length of time since the conviction and 12044
criminal history since the conviction; (d) work history; (e) 12045
current employment and character references; (f) other evidence 12046
demonstrating the ability of the person to perform the employment 12047
responsibilities competently and that the person does not pose a 12048
threat to the health or safety of the children at the school. 12049
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(4) No local school district, local school district 12050
employee, member of the State Board of Education or employee of a 12051
school under the purview of the State Board of Education shall be 12052
held liable in any employment discrimination suit in which an 12053
allegation of discrimination is made regarding an employment 12054
decision authorized under this Section 37-9-17. 12055
(5) The provisions of this section shall be fully applicable 12056
to licensed employees of the Mississippi School of the Arts (MSA), 12057
established in Section 37-140-3. 12058
SECTION 144. Section 37-13-89, Mississippi Code of 1972, is 12059
brought forward as follows: 12060
37-13-89. (1) In each school district within the state, 12061
there shall be employed the number of school attendance officers 12062
determined by the Office of Compulsory School Attendance 12063
Enforcement to be necessary to adequately enforce the provisions 12064
of the Mississippi Compulsory School Attendance Law; however, this 12065
number shall not exceed one hundred fifty-three (153) school 12066
attendance officers at any time. From and after July 1, 1998, all 12067
school attendance officers employed pursuant to this section shall 12068
be employees of the State Department of Education. The State 12069
Department of Education shall employ all persons employed as 12070
school attendance officers by district attorneys before July 1, 12071
1998, and shall assign them to school attendance responsibilities 12072
in the school district in which they were employed before July 1, 12073
1998. The first twelve (12) months of employment for each school 12074
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attendance officer shall be the probationary period of state 12075
service. 12076
(2) (a) The State Department of Education shall obtain 12077
current criminal records background checks and current child abuse 12078
registry checks on all persons applying for the position of school 12079
attendance officer after July 2, 2002. The criminal records 12080
information and registry checks must be kept on file for any new 12081
hires. In order to determine an applicant's suitability for 12082
employment as a school attendance officer, the applicant must be 12083
fingerprinted. If no disqualifying record is identified at the 12084
state level, the Department of Public Safety shall forward the 12085
fingerprints to the Federal Bureau of Investigation (FBI) for a 12086
national criminal history record check. The applicant shall pay 12087
the fee, not to exceed Fifty Dollars ($50.00), for the 12088
fingerprinting and criminal records background check; however, the 12089
State Department of Education, in its discretion, may pay the fee 12090
for the fingerprinting and criminal records background check on 12091
behalf of any applicant. Under no circumstances may a member of 12092
the State Board of Education, employee of the State Department of 12093
Education or any person other than the subject of the criminal 12094
records background check disseminate information received through 12095
any such checks except insofar as required to fulfill the purposes 12096
of this subsection. 12097
(b) If the fingerprinting or criminal records check 12098
discloses a felony conviction, guilty plea or plea of nolo 12099
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contendere to a felony of possession or sale of drugs, murder, 12100
manslaughter, armed robbery, rape, sexual battery, sex offense 12101
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 12102
burglary, gratification of lust or aggravated assault which has 12103
not been reversed on appeal or for which a pardon has not been 12104
granted, the applicant is not eligible to be employed as a school 12105
attendance officer. Any employment of an applicant pending the 12106
results of the fingerprinting and criminal records check is 12107
voidable if the new hire receives a disqualifying criminal records 12108
check. However, the State Board of Education, in its discretion, 12109
may allow an applicant aggrieved by an employment decision under 12110
this subsection to appear before the board, or before a hearing 12111
officer designated for that purpose, to show mitigating 12112
circumstances that may exist and allow the new hire to be employed 12113
as a school attendance officer. The State Board of Education may 12114
grant waivers for mitigating circumstances, which may include, but 12115
are not necessarily limited to: (i) age at which the crime was 12116
committed; (ii) circumstances surrounding the crime; (iii) length 12117
of time since the conviction and criminal history since the 12118
conviction; (iv) work history; (v) current employment and 12119
character references; and (vi) other evidence demonstrating the 12120
ability of the person to perform the responsibilities of a school 12121
attendance officer competently and that the person does not pose a 12122
threat to the health or safety of children. 12123
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(c) A member of the State Board of Education or 12124
employee of the State Department of Education may not be held 12125
liable in any employment discrimination suit in which an 12126
allegation of discrimination is made regarding an employment 12127
decision authorized under this section. 12128
(3) Each school attendance officer shall possess a college 12129
degree with a major in a behavioral science or a related field or 12130
shall have no less than three (3) years combined actual experience 12131
as a school teacher, school administrator, law enforcement officer 12132
possessing such degree, and/or social worker; however, these 12133
requirements shall not apply to persons employed as school 12134
attendance officers before January 1, 1987. School attendance 12135
officers also shall satisfy any additional requirements that may 12136
be established by the State Personnel Board for the position of 12137
school attendance officer. 12138
(4) It shall be the duty of each school attendance officer 12139
to: 12140
(a) Cooperate with any public agency to locate and 12141
identify all compulsory-school-age children who are not attending 12142
school; 12143
(b) Cooperate with all courts of competent 12144
jurisdiction; 12145
(c) Investigate all cases of nonattendance and unlawful 12146
absences by compulsory-school-age children not enrolled in a 12147
nonpublic school; 12148
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(d) Provide appropriate counseling to encourage all 12149
school-age children to attend school until they have completed 12150
high school; 12151
(e) Attempt to secure the provision of social or 12152
welfare services that may be required to enable any child to 12153
attend school; 12154
(f) Contact the home or place of residence of a 12155
compulsory-school-age child and any other place in which the 12156
officer is likely to find any compulsory-school-age child when the 12157
child is absent from school during school hours without a valid 12158
written excuse from school officials, and when the child is found, 12159
the officer shall notify the parents and school officials as to 12160
where the child was physically located; 12161
(g) Contact promptly the home of each 12162
compulsory-school-age child in the school district within the 12163
officer's jurisdiction who is not enrolled in school or is not in 12164
attendance at public school and is without a valid written excuse 12165
from school officials; if no valid reason is found for the 12166
nonenrollment or absence from the school, the school attendance 12167
officer shall give written notice to the parent, guardian or 12168
custodian of the requirement for the child's enrollment or 12169
attendance; 12170
(h) Collect and maintain information concerning 12171
absenteeism, dropouts and other attendance-related problems, as 12172
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may be required by law or the Office of Compulsory School 12173
Attendance Enforcement; and 12174
(i) Perform all other duties relating to compulsory 12175
school attendance established by the State Department of Education 12176
or district school attendance supervisor, or both. 12177
(5) While engaged in the performance of his duties, each 12178
school attendance officer shall carry on his person a badge 12179
identifying him as a school attendance officer under the Office of 12180
Compulsory School Attendance Enforcement of the State Department 12181
of Education and an identification card designed by the State 12182
Superintendent of Public Education and issued by the school 12183
attendance officer supervisor. Neither the badge nor the 12184
identification card shall bear the name of any elected public 12185
official. 12186
(6) The State Personnel Board shall develop a salary scale 12187
for school attendance officers as part of the variable 12188
compensation plan. The various pay ranges of the salary scale 12189
shall be based upon factors including, but not limited to, 12190
education, professional certification and licensure, and number of 12191
years of experience. School attendance officers shall be paid in 12192
accordance with this salary scale. The minimum salaries under the 12193
scale shall be no less than the following: 12194
(a) For school attendance officers holding a bachelor's 12195
degree or any other attendance officer who does not hold such a 12196
degree, the annual salary shall be based on years of experience as 12197
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a school attendance officer or related field of service or 12198
employment, no less than as follows: 12199
Years of Experience Salary 12200
0 - 4 years $24,528.29 12201
5 - 8 years 26,485.29 12202
9 - 12 years 28,050.89 12203
13 - 16 years 29,616.49 12204
Over 17 years 31,182.09 12205
(b) For school attendance officers holding a license as 12206
a social worker, the annual salary shall be based on years of 12207
experience as a school attendance officer or related field of 12208
service or employment, no less than as follows: 12209
Years of Experience Salary 12210
0 - 4 years $25,558.29 12211
5 - 8 years 27,927.29 12212
9 - 12 years 29,822.49 12213
13 - 16 years 31,717.69 12214
17 - 20 years 33,612.89 12215
Over 21 years 35,415.39 12216
(c) For school attendance officers holding a master's 12217
degree in a behavioral science or a related field, the annual 12218
salary shall be based on years of experience as a school 12219
attendance officer or related field of service or employment, no 12220
less than as follows: 12221
Years of Experience Salary 12222
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0 - 4 years $26,382.29 12223
5 - 8 years 29,008.79 12224
9 - 12 years 31,109.99 12225
13 - 16 years 33,211.19 12226
17 - 20 years 35,312.39 12227
Over 21 years 37,413.59 12228
(7) (a) Each school attendance officer employed by a 12229
district attorney on June 30, 1998, who became an employee of the 12230
State Department of Education on July 1, 1998, shall be awarded 12231
credit for personal leave and major medical leave for his 12232
continuous service as a school attendance officer under the 12233
district attorney, and if applicable, the youth or family court or 12234
a state agency. The credit for personal leave shall be in an 12235
amount equal to one-third (1/3) of the maximum personal leave the 12236
school attendance officer could have accumulated had he been 12237
credited with such leave under Section 25-3-93 during his 12238
employment with the district attorney, and if applicable, the 12239
youth or family court or a state agency. The credit for major 12240
medical leave shall be in an amount equal to one-half (1/2) of the 12241
maximum major medical leave the school attendance officer could 12242
have accumulated had he been credited with such leave under 12243
Section 25-3-95 during his employment with the district attorney, 12244
and if applicable, the youth or family court or a state agency. 12245
However, if a district attorney who employed a school attendance 12246
officer on June 30, 1998, certifies, in writing, to the State 12247
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Department of Education that the school attendance officer had 12248
accumulated, pursuant to a personal leave policy or major medical 12249
leave policy lawfully adopted by the district attorney, a number 12250
of days of unused personal leave or major medical leave, or both, 12251
which is greater than the number of days to which the school 12252
attendance officer is entitled under this paragraph, the State 12253
Department of Education shall authorize the school attendance 12254
officer to retain the actual unused personal leave or major 12255
medical leave, or both, certified by the district attorney, 12256
subject to the maximum amount of personal leave and major medical 12257
leave the school attendance officer could have accumulated had he 12258
been credited with such leave under Sections 25-3-93 and 25-3-95. 12259
(b) For the purpose of determining the accrual rate for 12260
personal leave under Section 25-3-93 and major medical leave under 12261
Section 25-3-95, the State Department of Education shall give 12262
consideration to all continuous service rendered by a school 12263
attendance officer before July 1, 1998, in addition to the service 12264
rendered by the school attendance officer as an employee of the 12265
department. 12266
(c) In order for a school attendance officer to be 12267
awarded credit for personal leave and major medical leave or to 12268
retain the actual unused personal leave and major medical leave 12269
accumulated by him before July 1, 1998, the district attorney who 12270
employed the school attendance officer must certify, in writing, 12271
to the State Department of Education the hire date of the school 12272
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attendance officer. For each school attendance officer employed 12273
by the youth or family court or a state agency before being 12274
designated an employee of the district attorney who has not had a 12275
break in continuous service, the hire date shall be the date that 12276
the school attendance officer was hired by the youth or family 12277
court or state agency. The department shall prescribe the date by 12278
which the certification must be received by the department and 12279
shall provide written notice to all district attorneys of the 12280
certification requirement and the date by which the certification 12281
must be received. 12282
(8) (a) School attendance officers shall maintain regular 12283
office hours on a year-round basis; however, during the school 12284
term, on those days that teachers in all of the school districts 12285
served by a school attendance officer are not required to report 12286
to work, the school attendance officer also shall not be required 12287
to report to work. (For purposes of this subsection, a school 12288
district's school term is that period of time identified as the 12289
school term in contracts entered into by the district with 12290
licensed personnel.) A school attendance officer shall be 12291
required to report to work on any day recognized as an official 12292
state holiday if teachers in any school district served by that 12293
school attendance officer are required to report to work on that 12294
day, regardless of the school attendance officer's status as an 12295
employee of the State Department of Education, and compensatory 12296
leave may not be awarded to the school attendance officer for 12297
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working during that day. However, a school attendance officer may 12298
be allowed by the school attendance officer's supervisor to use 12299
earned leave on such days. 12300
(b) The State Department of Education annually shall 12301
designate a period of six (6) consecutive weeks in the summer 12302
between school years during which school attendance officers shall 12303
not be required to report to work. A school attendance officer 12304
who elects to work at any time during that period may not be 12305
awarded compensatory leave for such work and may not opt to be 12306
absent from work at any time other than during the six (6) weeks 12307
designated by the department unless the school attendance officer 12308
uses personal leave or major medical leave accrued under Section 12309
25-3-93 or 25-3-95 for such absence. 12310
(9) The State Department of Education shall provide all 12311
continuing education and training courses that school attendance 12312
officers are required to complete under state law or rules and 12313
regulations of the department. 12314
SECTION 145. Section 37-27-23, Mississippi Code of 1972, is 12315
brought forward as follows: 12316
37-27-23. The board of trustees of each county shall be the 12317
judges of the eligibility of all applicants for admission to any 12318
agricultural high school in the county. They shall not permit any 12319
applicant to become a student therein, when in the opinion of the 12320
said trustees the moral and mental characteristics of the 12321
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applicant are such as would prove detrimental to the good morals 12322
of the institution. 12323
SECTION 146. Section 37-29-232, Mississippi Code of 1972, is 12324
brought forward as follows: 12325
37-29-232. (1) For the purposes of this section: 12326
(a) "Health care professional/vocational technical 12327
academic program" means an academic program in medicine, nursing, 12328
dentistry, occupational therapy, physical therapy, social 12329
services, nutrition services, speech therapy, or other 12330
allied-health professional whose purpose is to prepare 12331
professionals to render patient care services. 12332
(b) "Health care professional/vocational technical 12333
student" means a student enrolled in a health care 12334
professional/vocational technical academic program. 12335
(2) The dean or director of the health care 12336
professional/vocational technical academic program is authorized 12337
to ensure that criminal history record checks and fingerprinting 12338
are obtained on their students before the students begin any 12339
clinical rotation in a licensed health care entity and that the 12340
criminal history record check information and registry checks are 12341
on file at the academic institution. In order to determine the 12342
student's suitability for the clinical rotation, the student shall 12343
be fingerprinted. If no disqualifying record is identified at the 12344
state level, the fingerprints shall be forwarded by the Department 12345
of Public Safety, the Department of Health, or any other legally 12346
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applicability of.
authorized entity to the FBI for a national criminal history 12347
record check. The fee for the fingerprinting and criminal history 12348
record check shall be paid by the applicant, not to exceed Fifty 12349
Dollars ($50.00); however, the academic institution in which the 12350
student is enrolled, in its discretion, may elect to pay the fee 12351
for the fingerprinting and criminal history record check on behalf 12352
of any applicant. Under no circumstances shall the academic 12353
institution representative or any individual other than the 12354
subject of the criminal history record checks disseminate 12355
information received through any such checks except insofar as 12356
required to fulfill the purposes of this section. 12357
(3) If the fingerprinting or criminal history record checks 12358
disclose a felony conviction, guilty plea or plea of nolo 12359
contendere to a felony of possession or sale of drugs, murder, 12360
manslaughter, armed robbery, rape, sexual battery, sex offense 12361
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 12362
burglary, gratification of lust or aggravated assault, or 12363
felonious abuse and/or battery of a vulnerable adult that has not 12364
been reversed on appeal or for which a pardon has not been 12365
granted, the student shall not be eligible to be admitted to the 12366
health care professional/vocational technical academic program of 12367
study. Any preadmission agreement executed by the health care 12368
professional/vocational technical academic program shall be 12369
voidable if the student receives a disqualifying criminal history 12370
record check. However, the administration of the health care 12371
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professional/vocational technical academic program may, in its 12372
discretion, allow any applicant aggrieved by the admissions 12373
decision under this section to appear before an appeals committee 12374
or before a hearing officer designated for that purpose, to show 12375
mitigating circumstances that may exist and allow the student to 12376
be admitted to or continue in the program of study. The health 12377
care professional/vocational technical academic program may grant 12378
waivers for those mitigating circumstances, which shall include, 12379
but not be limited to: (a) age at which the crime was committed; 12380
(b) circumstances surrounding the crime; (c) length of time since 12381
the conviction and criminal history since the conviction; (d) work 12382
history; (e) current employment and character references; (f) 12383
other evidence demonstrating the ability of the student to perform 12384
the clinical responsibilities competently and that the student 12385
does not pose a threat to the health or safety of patients in the 12386
licensed health care entities in which they will be conducting 12387
clinical experiences. The health care professional/vocational 12388
technical academic program shall provide assurance to the licensed 12389
health care entity in which the clinical rotation is planned that 12390
the results of a health care professional/vocational technical 12391
student's criminal history record check would not prohibit the 12392
student from being able to conduct his or her clinical activities 12393
in the facility, institution, or organization. The criminal 12394
history record check shall be valid for the course of academic 12395
study, provided that annual disclosure statements are provided to 12396
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the health care professional/vocational technical academic program 12397
regarding any criminal activity that may have occurred during the 12398
student's tenure with the health care professional/vocational 12399
technical academic program. The criminal history record check may 12400
be repeated at the discretion of the health care 12401
professional/vocational technical academic program based on 12402
information obtained during the annual disclosure statements. In 12403
extenuating circumstances, if a criminal history record check is 12404
initiated and the results are not available at the time the 12405
clinical rotation begins, the academic institution in which the 12406
student is enrolled, at its discretion, may require a signed 12407
affidavit from the student assuring compliance with this section. 12408
The affidavit will be considered void within sixty (60) days of 12409
its signature. 12410
(4) Criminal history record checks that are done as part of 12411
the requirements for participation in the health care 12412
professional/vocational technical academic program may not be used 12413
for any other purpose than those activities associated with their 12414
program of study. Students who may be employed as health care 12415
professionals outside of their program of study may be required to 12416
obtain additional criminal history record checks as part of their 12417
employment agreement. 12418
(5) No health care professional/vocational technical 12419
academic program or academic program employee shall be held liable 12420
in any admissions discrimination suit in which an allegation of 12421
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discrimination is made regarding an admissions decision authorized 12422
under this section. 12423
SECTION 147. Section 41-29-107, Mississippi Code of 1972, is 12424
brought forward as follows: 12425
41-29-107. (1) There is created within the Mississippi 12426
Department of Public Safety an office to be known as the 12427
Mississippi Bureau of Narcotics. The office shall have a director 12428
who shall be appointed by the Commissioner of Public Safety. The 12429
commissioner may assign to the appropriate offices of the 12430
department such powers and duties deemed appropriate to carry out 12431
the lawful functions of the Mississippi Bureau of Narcotics. 12432
(2) The Commissioner of Public Safety is empowered to employ 12433
or appoint necessary agents. The commissioner may also employ 12434
such secretarial, clerical and administrative personnel, including 12435
a duly licensed attorney, as necessary for the operation of the 12436
bureau, and shall have such quarters, equipment and facilities as 12437
needed. The salary and qualifications of the attorney authorized 12438
by this section shall be fixed by the director, but the salary 12439
shall not exceed the salary authorized for an assistant attorney 12440
general who performs similar duties. 12441
(3) The director and agents so appointed shall be citizens 12442
of the United States and of the State of Mississippi, and of good 12443
moral character. The agents shall be not less than twenty-one 12444
(21) years of age at the time of such appointment. In addition 12445
thereto, those appointed shall have satisfactorily completed at 12446
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least two (2) years of college studies. However, two (2) years of 12447
satisfactory service as a law enforcement officer and the 12448
completion of the prescribed course of study at a school operated 12449
by the Bureau of Narcotics and Dangerous Drugs, United States 12450
Justice Department, shall satisfy one (1) year of such college 12451
studies, and four (4) years of satisfactory service as a law 12452
enforcement officer and the completion of the prescribed course of 12453
study at such federal bureau school as stated heretofore shall 12454
fully satisfy the two (2) years of college requirement. 12455
During the period of the first twelve (12) months after 12456
appointment, any agent of the bureau shall be subject to dismissal 12457
at the will of the director. After twelve (12) months' service, 12458
no agent of the bureau shall be subject to dismissal or otherwise 12459
have their salary adversely affected except for cause, and any 12460
such action against an agent shall be subject to and proceed under 12461
the laws, rules and regulations of the State Personnel Board. 12462
(4) The Commissioner of Public Safety may assign members of 12463
the Mississippi Highway Safety Patrol, regardless of age, to the 12464
bureau; however, when any highway patrolman or other employee, 12465
agent or official of the Mississippi Department of Public Safety 12466
is assigned to duty with, or is employed by, the bureau, he shall 12467
not be subject to assignment or transfer to any other office or 12468
department within the Mississippi Department of Public Safety 12469
except by the commissioner. Any highway patrolman assigned to 12470
duty with the bureau shall retain his status as a highway 12471
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patrolman, but shall be under the supervision of the director. 12472
For purposes of seniority within the Highway Safety Patrol and for 12473
purposes of retirement under the Mississippi Highway Safety Patrol 12474
Retirement System, highway patrolmen assigned to the bureau will 12475
be credited as if performing duty with the Highway Safety Patrol. 12476
The commissioner may assign employees of the Highway Safety Patrol 12477
to the Mississippi Bureau of Narcotics and may assign agents of 12478
the bureau to the Highway Safety Patrol; however, any employees so 12479
assigned must meet all established requirements for the duties to 12480
which they are assigned. 12481
(5) The Commissioner of Public Safety may enter into 12482
agreements with bureaus or departments of other states or of the 12483
United States for the exchange or temporary assignment of agents 12484
for special undercover assignments and for performance of specific 12485
duties. 12486
(6) The Commissioner of Public Safety may assign agents of 12487
the bureau to such duty and to request and accept agents from such 12488
other bureaus or departments for such duty. 12489
SECTION 148. Section 41-137-47, Mississippi Code of 1972, is 12490
brought forward as follows: 12491
41-137-47. (1) The licensing agency is authorized to 12492
investigate, either on the basis of complaints filed with it or on 12493
its own initiative through compliance visits, reviews or audits, 12494
instances of suspected violations of any nature, including, but 12495
not limited to: 12496
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(a) Performing the duties and requirements set forth 12497
for licensees within the relevant statute and regulations; 12498
(b) The providing of false information on an 12499
application or renewal for a license, incident to a hearing, or 12500
otherwise; 12501
(c) The conviction of a licensee of a felony; 12502
(d) The misappropriation of funds; and 12503
(e) The inversion or diversion of medical cannabis or 12504
medical cannabis products, or of any other matter reflecting 12505
unfavorably upon the holder of a license under the act. 12506
(2) On the basis of information developed during such an 12507
investigation, the licensing agency may exercise any number of 12508
compliance actions including: 12509
(a) To revoke, suspend or refuse to renew any license 12510
issued by the licensing agency; 12511
(b) Deny an application for a license; or 12512
(c) Reprimand, fine and/or take any other actions in 12513
relation to a license, as the licensing agency may deem proper 12514
under the circumstances. 12515
(3) The licensing agency may deny the application of any 12516
applicant who fails to meet the qualifications for obtaining such 12517
license under this chapter or any rules and regulations under this 12518
chapter. 12519
(4) Whenever the results of such an investigation are filed, 12520
the licensee may request an administrative hearing on the matter. 12521
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If a licensee or applicant wishes to appeal the licensing agency's 12522
decision, the licensee or applicant shall file its administrative 12523
appeal within twenty (20) days of receipt of the initial notice. 12524
If such a hearing is requested, the licensing agency shall 12525
set a day for a hearing and shall notify the licensee that on the 12526
day fixed for hearing he or she may appear so that an 12527
administrative hearing may take place. The licensing agency shall 12528
then conduct a hearing on the record pursuant to the licensing 12529
agency's rules and regulations governing such hearings, at which 12530
time the burden shall be on the licensee or applicant to prove 12531
that the agency's decision was: 12532
(a) Unsupported by substantial evidence; 12533
(b) Arbitrary or capricious; 12534
(c) Beyond the power of the administrative agency to 12535
make; or 12536
(d) Violated some statutory or constitutional right of 12537
the aggrieved party. 12538
If the licensee or applicant fails to appeal the initial 12539
notice within the prescribed time, the decision becomes final and 12540
cannot be further appealed. 12541
(5) In cases where violations of this chapter have been 12542
substantiated, the licensing agency may assess a monetary penalty 12543
or recoupment of costs for those reasonable costs that are 12544
expended by the licensing agency in the investigation and conduct 12545
of a proceeding for the compliance issue that is the subject 12546
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matter of the hearing, including, but not limited to, the costs of 12547
process service, court reporters, expert witnesses and 12548
investigations. The licensing agency shall determine the amount 12549
of investigative fees and costs owed by a licensee based on an 12550
itemized accounting after the investigation has been officially 12551
completed and a final determination or action has been determined. 12552
Upon final determination or action, the licensing agency shall 12553
give to the licensee an itemized accounting of the investigative 12554
fees and costs incurred. The licensing agency may recommend 12555
denial of, or refusal to take final action to approve the renewal 12556
of a licensee unless all investigative fees and costs have been 12557
paid in full by the licensee. 12558
(6) The licensing agency shall provide its initial notice of 12559
suspension, revocation, fine or other sanction by personal 12560
delivery or mailing by certified mail, signature required, to the 12561
medical cannabis establishment at the address on the registration 12562
certificate. A suspension shall not be for a longer period than 12563
six (6) months. The licensing agency shall provide its initial 12564
notice of denial by personal delivery, mailing by certified mail, 12565
signature required, or by electronic mail to the applicant at the 12566
physical or electronic address listed in its application. 12567
(7) A medical cannabis establishment may continue to possess 12568
and cultivate cannabis as otherwise authorized to do so under its 12569
license during a suspension, but it may not dispense, transfer or 12570
sell cannabis. 12571
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(8) The MDOH shall immediately revoke the registry 12572
identification card of any cardholder who sells or otherwise 12573
transfers medical cannabis to a person or other entity, and the 12574
cardholder shall be disqualified from further participation in the 12575
medical cannabis program under this chapter. 12576
(9) Except as otherwise provided in subsection (8) of this 12577
section, the MDOH may revoke the registry identification card of 12578
any cardholder who knowingly commits a violation of this chapter. 12579
(10) The hearing decision of the agency on a denial, 12580
revocation, suspension or fine is a final decision of the 12581
applicable agency subject to judicial review in accordance with 12582
Section 41-137-59. 12583
(11) No license issued by the MDOH or MDOR shall be 12584
transferred by the license holder to any other person or entity 12585
except with the written consent of the applicable licensing 12586
agency. 12587
(12) Any ongoing investigation by a licensing agency under 12588
this section shall be considered confidential and exempt from 12589
disclosure under the Mississippi Public Records Act of 1983, 12590
Sections 25-61-1 through 25-61-17. 12591
SECTION 149. Section 43-13-121, Mississippi Code of 1972, is 12592
brought forward as follows: 12593
43-13-121. (1) The division shall administer the Medicaid 12594
program under the provisions of this article, and may do the 12595
following: 12596
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(a) Adopt and promulgate reasonable rules, regulations 12597
and standards, with approval of the Governor, and in accordance 12598
with the Administrative Procedures Law, Section 25-43-1.101 et 12599
seq.: 12600
(i) Establishing methods and procedures as may be 12601
necessary for the proper and efficient administration of this 12602
article; 12603
(ii) Providing Medicaid to all qualified 12604
recipients under the provisions of this article as the division 12605
may determine and within the limits of appropriated funds; 12606
(iii) Establishing reasonable fees, charges and 12607
rates for medical services and drugs; in doing so, the division 12608
shall fix all of those fees, charges and rates at the minimum 12609
levels absolutely necessary to provide the medical assistance 12610
authorized by this article, and shall not change any of those 12611
fees, charges or rates except as may be authorized in Section 12612
43-13-117; 12613
(iv) Providing for fair and impartial hearings; 12614
(v) Providing safeguards for preserving the 12615
confidentiality of records; and 12616
(vi) For detecting and processing fraudulent 12617
practices and abuses of the program; 12618
(b) Receive and expend state, federal and other funds 12619
in accordance with court judgments or settlements and agreements 12620
between the State of Mississippi and the federal government, the 12621
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rules and regulations promulgated by the division, with the 12622
approval of the Governor, and within the limitations and 12623
restrictions of this article and within the limits of funds 12624
available for that purpose; 12625
(c) Subject to the limits imposed by this article and 12626
subject to the provisions of subsection (8) of this section, to 12627
submit a Medicaid plan to the United States Department of Health 12628
and Human Services for approval under the provisions of the 12629
federal Social Security Act, to act for the state in making 12630
negotiations relative to the submission and approval of that plan, 12631
to make such arrangements, not inconsistent with the law, as may 12632
be required by or under federal law to obtain and retain that 12633
approval and to secure for the state the benefits of the 12634
provisions of that law. 12635
No agreements, specifically including the general plan for 12636
the operation of the Medicaid program in this state, shall be made 12637
by and between the division and the United States Department of 12638
Health and Human Services unless the Attorney General of the State 12639
of Mississippi has reviewed the agreements, specifically including 12640
the operational plan, and has certified in writing to the Governor 12641
and to the executive director of the division that the agreements, 12642
including the plan of operation, have been drawn strictly in 12643
accordance with the terms and requirements of this article; 12644
(d) In accordance with the purposes and intent of this 12645
article and in compliance with its provisions, provide for aged 12646
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persons otherwise eligible for the benefits provided under Title 12647
XVIII of the federal Social Security Act by expenditure of funds 12648
available for those purposes; 12649
(e) To make reports to the United States Department of 12650
Health and Human Services as from time to time may be required by 12651
that federal department and to the Mississippi Legislature as 12652
provided in this section; 12653
(f) Define and determine the scope, duration and amount 12654
of Medicaid that may be provided in accordance with this article 12655
and establish priorities therefor in conformity with this article; 12656
(g) Cooperate and contract with other state agencies 12657
for the purpose of coordinating Medicaid provided under this 12658
article and eliminating duplication and inefficiency in the 12659
Medicaid program; 12660
(h) Adopt and use an official seal of the division; 12661
(i) Sue in its own name on behalf of the State of 12662
Mississippi and employ legal counsel on a contingency basis with 12663
the approval of the Attorney General; 12664
(j) To recover any and all payments incorrectly made by 12665
the division to a recipient or provider from the recipient or 12666
provider receiving the payments. The division shall be authorized 12667
to collect any overpayments to providers sixty (60) days after the 12668
conclusion of any administrative appeal unless the matter is 12669
appealed to a court of proper jurisdiction and bond is posted. 12670
Any appeal filed after July 1, 2015, shall be to the Chancery 12671
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Court of the First Judicial District of Hinds County, Mississippi, 12672
within sixty (60) days after the date that the division has 12673
notified the provider by certified mail sent to the proper address 12674
of the provider on file with the division and the provider has 12675
signed for the certified mail notice, or sixty (60) days after the 12676
date of the final decision if the provider does not sign for the 12677
certified mail notice. To recover those payments, the division 12678
may use the following methods, in addition to any other methods 12679
available to the division: 12680
(i) The division shall report to the Department of 12681
Revenue the name of any current or former Medicaid recipient who 12682
has received medical services rendered during a period of 12683
established Medicaid ineligibility and who has not reimbursed the 12684
division for the related medical service payment(s). The 12685
Department of Revenue shall withhold from the state tax refund of 12686
the individual, and pay to the division, the amount of the 12687
payment(s) for medical services rendered to the ineligible 12688
individual that have not been reimbursed to the division for the 12689
related medical service payment(s). 12690
(ii) The division shall report to the Department 12691
of Revenue the name of any Medicaid provider to whom payments were 12692
incorrectly made that the division has not been able to recover by 12693
other methods available to the division. The Department of 12694
Revenue shall withhold from the state tax refund of the provider, 12695
and pay to the division, the amount of the payments that were 12696
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incorrectly made to the provider that have not been recovered by 12697
other available methods; 12698
(k) To recover any and all payments by the division 12699
fraudulently obtained by a recipient or provider. Additionally, 12700
if recovery of any payments fraudulently obtained by a recipient 12701
or provider is made in any court, then, upon motion of the 12702
Governor, the judge of the court may award twice the payments 12703
recovered as damages; 12704
(l) Have full, complete and plenary power and authority 12705
to conduct such investigations as it may deem necessary and 12706
requisite of alleged or suspected violations or abuses of the 12707
provisions of this article or of the regulations adopted under 12708
this article, including, but not limited to, fraudulent or 12709
unlawful act or deed by applicants for Medicaid or other benefits, 12710
or payments made to any person, firm or corporation under the 12711
terms, conditions and authority of this article, to suspend or 12712
disqualify any provider of services, applicant or recipient for 12713
gross abuse, fraudulent or unlawful acts for such periods, 12714
including permanently, and under such conditions as the division 12715
deems proper and just, including the imposition of a legal rate of 12716
interest on the amount improperly or incorrectly paid. Recipients 12717
who are found to have misused or abused Medicaid benefits may be 12718
locked into one (1) physician and/or one (1) pharmacy of the 12719
recipient's choice for a reasonable amount of time in order to 12720
educate and promote appropriate use of medical services, in 12721
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accordance with federal regulations. If an administrative hearing 12722
becomes necessary, the division may, if the provider does not 12723
succeed in his or her defense, tax the costs of the administrative 12724
hearing, including the costs of the court reporter or stenographer 12725
and transcript, to the provider. The convictions of a recipient 12726
or a provider in a state or federal court for abuse, fraudulent or 12727
unlawful acts under this chapter shall constitute an automatic 12728
disqualification of the recipient or automatic disqualification of 12729
the provider from participation under the Medicaid program. 12730
A conviction, for the purposes of this chapter, shall include 12731
a judgment entered on a plea of nolo contendere or a 12732
nonadjudicated guilty plea and shall have the same force as a 12733
judgment entered pursuant to a guilty plea or a conviction 12734
following trial. A certified copy of the judgment of the court of 12735
competent jurisdiction of the conviction shall constitute prima 12736
facie evidence of the conviction for disqualification purposes; 12737
(m) Establish and provide such methods of 12738
administration as may be necessary for the proper and efficient 12739
operation of the Medicaid program, fully utilizing computer 12740
equipment as may be necessary to oversee and control all current 12741
expenditures for purposes of this article, and to closely monitor 12742
and supervise all recipient payments and vendors rendering 12743
services under this article. Notwithstanding any other provision 12744
of state law, the division is authorized to enter into a ten-year 12745
contract(s) with a vendor(s) to provide services described in this 12746
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paragraph (m). Notwithstanding any provision of law to the 12747
contrary, the division is authorized to extend its Medicaid 12748
Management Information System, including all related components 12749
and services, and Decision Support System, including all related 12750
components and services, contracts in effect on June 30, 2020, for 12751
a period not to exceed two (2) years without complying with state 12752
procurement regulations; 12753
(n) To cooperate and contract with the federal 12754
government for the purpose of providing Medicaid to Vietnamese and 12755
Cambodian refugees, under the provisions of Public Law 94-23 and 12756
Public Law 94-24, including any amendments to those laws, only to 12757
the extent that the Medicaid assistance and the administrative 12758
cost related thereto are one hundred percent (100%) reimbursable 12759
by the federal government. For the purposes of Section 43-13-117, 12760
persons receiving Medicaid under Public Law 94-23 and Public Law 12761
94-24, including any amendments to those laws, shall not be 12762
considered a new group or category of recipient; and 12763
(o) The division shall impose penalties upon Medicaid 12764
only, Title XIX participating long-term care facilities found to 12765
be in noncompliance with division and certification standards in 12766
accordance with federal and state regulations, including interest 12767
at the same rate calculated by the United States Department of 12768
Health and Human Services and/or the Centers for Medicare and 12769
Medicaid Services (CMS) under federal regulations. 12770
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(2) The division also shall exercise such additional powers 12771
and perform such other duties as may be conferred upon the 12772
division by act of the Legislature. 12773
(3) The division, and the State Department of Health as the 12774
agency for licensure of health care facilities and certification 12775
and inspection for the Medicaid and/or Medicare programs, shall 12776
contract for or otherwise provide for the consolidation of on-site 12777
inspections of health care facilities that are necessitated by the 12778
respective programs and functions of the division and the 12779
department. 12780
(4) The division and its hearing officers shall have power 12781
to preserve and enforce order during hearings; to issue subpoenas 12782
for, to administer oaths to and to compel the attendance and 12783
testimony of witnesses, or the production of books, papers, 12784
documents and other evidence, or the taking of depositions before 12785
any designated individual competent to administer oaths; to 12786
examine witnesses; and to do all things conformable to law that 12787
may be necessary to enable them effectively to discharge the 12788
duties of their office. In compelling the attendance and 12789
testimony of witnesses, or the production of books, papers, 12790
documents and other evidence, or the taking of depositions, as 12791
authorized by this section, the division or its hearing officers 12792
may designate an individual employed by the division or some other 12793
suitable person to execute and return that process, whose action 12794
in executing and returning that process shall be as lawful as if 12795
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done by the sheriff or some other proper officer authorized to 12796
execute and return process in the county where the witness may 12797
reside. In carrying out the investigatory powers under the 12798
provisions of this article, the executive director or other 12799
designated person or persons may examine, obtain, copy or 12800
reproduce the books, papers, documents, medical charts, 12801
prescriptions and other records relating to medical care and 12802
services furnished by the provider to a recipient or designated 12803
recipients of Medicaid services under investigation. In the 12804
absence of the voluntary submission of the books, papers, 12805
documents, medical charts, prescriptions and other records, the 12806
Governor, the executive director, or other designated person may 12807
issue and serve subpoenas instantly upon the provider, his or her 12808
agent, servant or employee for the production of the books, 12809
papers, documents, medical charts, prescriptions or other records 12810
during an audit or investigation of the provider. If any provider 12811
or his or her agent, servant or employee refuses to produce the 12812
records after being duly subpoenaed, the executive director may 12813
certify those facts and institute contempt proceedings in the 12814
manner, time and place as authorized by law for administrative 12815
proceedings. As an additional remedy, the division may recover 12816
all amounts paid to the provider covering the period of the audit 12817
or investigation, inclusive of a legal rate of interest and a 12818
reasonable attorney's fee and costs of court if suit becomes 12819
necessary. Division staff shall have immediate access to the 12820
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provider's physical location, facilities, records, documents, 12821
books, and any other records relating to medical care and services 12822
rendered to recipients during regular business hours. 12823
(5) If any person in proceedings before the division 12824
disobeys or resists any lawful order or process, or misbehaves 12825
during a hearing or so near the place thereof as to obstruct the 12826
hearing, or neglects to produce, after having been ordered to do 12827
so, any pertinent book, paper or document, or refuses to appear 12828
after having been subpoenaed, or upon appearing refuses to take 12829
the oath as a witness, or after having taken the oath refuses to 12830
be examined according to law, the executive director shall certify 12831
the facts to any court having jurisdiction in the place in which 12832
it is sitting, and the court shall thereupon, in a summary manner, 12833
hear the evidence as to the acts complained of, and if the 12834
evidence so warrants, punish that person in the same manner and to 12835
the same extent as for a contempt committed before the court, or 12836
commit that person upon the same condition as if the doing of the 12837
forbidden act had occurred with reference to the process of, or in 12838
the presence of, the court. 12839
(6) In suspending or terminating any provider from 12840
participation in the Medicaid program, the division shall preclude 12841
the provider from submitting claims for payment, either personally 12842
or through any clinic, group, corporation or other association to 12843
the division or its fiscal agents for any services or supplies 12844
provided under the Medicaid program except for those services or 12845
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supplies provided before the suspension or termination. No 12846
clinic, group, corporation or other association that is a provider 12847
of services shall submit claims for payment to the division or its 12848
fiscal agents for any services or supplies provided by a person 12849
within that organization who has been suspended or terminated from 12850
participation in the Medicaid program except for those services or 12851
supplies provided before the suspension or termination. When this 12852
provision is violated by a provider of services that is a clinic, 12853
group, corporation or other association, the division may suspend 12854
or terminate that organization from participation. Suspension may 12855
be applied by the division to all known affiliates of a provider, 12856
provided that each decision to include an affiliate is made on a 12857
case-by-case basis after giving due regard to all relevant facts 12858
and circumstances. The violation, failure or inadequacy of 12859
performance may be imputed to a person with whom the provider is 12860
affiliated where that conduct was accomplished within the course 12861
of his or her official duty or was effectuated by him or her with 12862
the knowledge or approval of that person. 12863
(7) The division may deny or revoke enrollment in the 12864
Medicaid program to a provider if any of the following are found 12865
to be applicable to the provider, his or her agent, a managing 12866
employee or any person having an ownership interest equal to five 12867
percent (5%) or greater in the provider: 12868
(a) Failure to truthfully or fully disclose any and all 12869
information required, or the concealment of any and all 12870
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information required, on a claim, a provider application or a 12871
provider agreement, or the making of a false or misleading 12872
statement to the division relative to the Medicaid program. 12873
(b) Previous or current exclusion, suspension, 12874
termination from or the involuntary withdrawing from participation 12875
in the Medicaid program, any other state's Medicaid program, 12876
Medicare or any other public or private health or health insurance 12877
program. If the division ascertains that a provider has been 12878
convicted of a felony under federal or state law for an offense 12879
that the division determines is detrimental to the best interest 12880
of the program or of Medicaid beneficiaries, the division may 12881
refuse to enter into an agreement with that provider, or may 12882
terminate or refuse to renew an existing agreement. 12883
(c) Conviction under federal or state law of a criminal 12884
offense relating to the delivery of any goods, services or 12885
supplies, including the performance of management or 12886
administrative services relating to the delivery of the goods, 12887
services or supplies, under the Medicaid program, any other 12888
state's Medicaid program, Medicare or any other public or private 12889
health or health insurance program. 12890
(d) Conviction under federal or state law of a criminal 12891
offense relating to the neglect or abuse of a patient in 12892
connection with the delivery of any goods, services or supplies. 12893
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(e) Conviction under federal or state law of a criminal 12894
offense relating to the unlawful manufacture, distribution, 12895
prescription or dispensing of a controlled substance. 12896
(f) Conviction under federal or state law of a criminal 12897
offense relating to fraud, theft, embezzlement, breach of 12898
fiduciary responsibility or other financial misconduct. 12899
(g) Conviction under federal or state law of a criminal 12900
offense punishable by imprisonment of a year or more that involves 12901
moral turpitude, or acts against the elderly, children or infirm. 12902
(h) Conviction under federal or state law of a criminal 12903
offense in connection with the interference or obstruction of any 12904
investigation into any criminal offense listed in paragraphs (c) 12905
through (i) of this subsection. 12906
(i) Sanction for a violation of federal or state laws 12907
or rules relative to the Medicaid program, any other state's 12908
Medicaid program, Medicare or any other public health care or 12909
health insurance program. 12910
(j) Revocation of license or certification. 12911
(k) Failure to pay recovery properly assessed or 12912
pursuant to an approved repayment schedule under the Medicaid 12913
program. 12914
(l) Failure to meet any condition of enrollment. 12915
(8) (a) As used in this subsection (8), the following terms 12916
shall be defined as provided in this paragraph, except as 12917
otherwise provided in this subsection: 12918
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(i) "Committees" means the Medicaid Committees of 12919
the House of Representatives and the Senate, and "committee" means 12920
either one of those committees. 12921
(ii) "State Plan" means the agreement between the 12922
State of Mississippi and the federal government regarding the 12923
nature and scope of Mississippi's Medicaid Program. 12924
(iii) "State Plan Amendment" means a change to the 12925
State Plan, which must be approved by the Centers for Medicare and 12926
Medicaid Services (CMS) before its implementation. 12927
(b) Whenever the Division of Medicaid proposes a State 12928
Plan Amendment, the division shall give notice to the chairmen of 12929
the committees at least thirty (30) calendar days before the 12930
proposed State Plan Amendment is filed with CMS. The division 12931
shall furnish the chairmen with a concise summary of each proposed 12932
State Plan Amendment along with the notice, and shall furnish the 12933
chairmen with a copy of any proposed State Plan Amendment upon 12934
request. The division also shall provide a summary and copy of 12935
any proposed State Plan Amendment to any other member of the 12936
Legislature upon request. 12937
(c) If the chairman of either committee or both 12938
chairmen jointly object to the proposed State Plan Amendment or 12939
any part thereof, the chairman or chairmen shall notify the 12940
division and provide the reasons for their objection in writing 12941
not later than seven (7) calendar days after receipt of the notice 12942
from the division. The chairman or chairmen may make written 12943
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recommendations to the division for changes to be made to a 12944
proposed State Plan Amendment. 12945
(d) (i) The chairman of either committee or both 12946
chairmen jointly may hold a committee meeting to review a proposed 12947
State Plan Amendment. If either chairman or both chairmen decide 12948
to hold a meeting, they shall notify the division of their 12949
intention in writing within seven (7) calendar days after receipt 12950
of the notice from the division, and shall set the date and time 12951
for the meeting in their notice to the division, which shall not 12952
be later than fourteen (14) calendar days after receipt of the 12953
notice from the division. 12954
(ii) After the committee meeting, the committee or 12955
committees may object to the proposed State Plan Amendment or any 12956
part thereof. The committee or committees shall notify the 12957
division and the reasons for their objection in writing not later 12958
than seven (7) calendar days after the meeting. The committee or 12959
committees may make written recommendations to the division for 12960
changes to be made to a proposed State Plan Amendment. 12961
(e) If both chairmen notify the division in writing 12962
within seven (7) calendar days after receipt of the notice from 12963
the division that they do not object to the proposed State Plan 12964
Amendment and will not be holding a meeting to review the proposed 12965
State Plan Amendment, the division may proceed to file the 12966
proposed State Plan Amendment with CMS. 12967
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(f) (i) If there are any objections to a proposed rate 12968
change or any part thereof from either or both of the chairmen or 12969
the committees, the division may withdraw the proposed State Plan 12970
Amendment, make any of the recommended changes to the proposed 12971
State Plan Amendment, or not make any changes to the proposed 12972
State Plan Amendment. 12973
(ii) If the division does not make any changes to 12974
the proposed State Plan Amendment, it shall notify the chairmen of 12975
that fact in writing, and may proceed to file the State Plan 12976
Amendment with CMS. 12977
(iii) If the division makes any changes to the 12978
proposed State Plan Amendment, the division shall notify the 12979
chairmen of its actions in writing, and may proceed to file the 12980
State Plan Amendment with CMS. 12981
(g) Nothing in this subsection (8) shall be construed 12982
as giving the chairmen or the committees any authority to veto, 12983
nullify or revise any State Plan Amendment proposed by the 12984
division. The authority of the chairmen or the committees under 12985
this subsection shall be limited to reviewing, making objections 12986
to and making recommendations for changes to State Plan Amendments 12987
proposed by the division. 12988
(i) If the division does not make any changes to 12989
the proposed State Plan Amendment, it shall notify the chairmen of 12990
that fact in writing, and may proceed to file the proposed State 12991
Plan Amendment with CMS. 12992
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(ii) If the division makes any changes to the 12993
proposed State Plan Amendment, the division shall notify the 12994
chairmen of the changes in writing, and may proceed to file the 12995
proposed State Plan Amendment with CMS. 12996
(h) Nothing in this subsection (8) shall be construed 12997
as giving the chairmen of the committees any authority to veto, 12998
nullify or revise any State Plan Amendment proposed by the 12999
division. The authority of the chairmen of the committees under 13000
this subsection shall be limited to reviewing, making objections 13001
to and making recommendations for suggested changes to State Plan 13002
Amendments proposed by the division. 13003
SECTION 150. Section 45-1-25, Mississippi Code of 1972, is 13004
brought forward as follows: 13005
45-1-25. The Director of the Mississippi Forensics 13006
Laboratory which has been established by the Commissioner of 13007
Public Safety under the authority of Section 45-1-17 shall be a 13008
person who is experienced in forensics laboratory operations, 13009
knowledgeable of the criminal justice system, and who shall have 13010
the following minimum qualifications: 13011
(a) Graduation from an accredited four-year college or 13012
university with major course work in forensic science, chemistry, 13013
biology, commercial science or physics. 13014
(b) At least five (5) years' full-time employment in a 13015
forensics laboratory, with supervisory or administrative 13016
responsibility. 13017
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(c) Thorough knowledge of the utilization of forensics 13018
laboratory services and their relation to the investigating law 13019
enforcement officers. 13020
(d) Thorough knowledge of techniques employed in 13021
processing of physical evidence. 13022
(e) Membership in professional organizations promoting 13023
advancement of forensic science. 13024
(f) Proven effectiveness as a manager and 13025
administrator. 13026
Unusual strength in one or more of the above qualifications 13027
may compensate for failure to exactly satisfy paragraph (b) of 13028
this section. 13029
The Director of the Forensics Laboratory may only be removed 13030
by the Commissioner of Public Safety upon proof of his inability 13031
to serve due to illness, administrative or managerial 13032
ineffectiveness, incompetence, malfeasance, dereliction of duty or 13033
moral turpitude. 13034
SECTION 151. Section 49-15-21, Mississippi Code of 1972, is 13035
brought forward as follows: 13036
49-15-21. (1) The executive director shall appoint the 13037
necessary enforcement officers for the administration of this 13038
chapter. The salary of all enforcement officers employed shall be 13039
as determined by the State Personnel Board. However, the members 13040
of the Enforcement Officers' Reserve Unit created in subsection 13041
(4) shall serve without pay, and shall not be employees of the 13042
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State of Mississippi for purposes of the State Personnel System, 13043
the Workers' Compensation Law, the Public Employees' Retirement 13044
System or the State Employees Life and Health Insurance Plan. 13045
(2) All enforcement officers shall be experienced and 13046
qualified persons thoroughly familiar with the seafood business 13047
and shall be at least twenty-one (21) years of age and be a high 13048
school graduate or its equivalent. The enforcement officers shall 13049
diligently enforce all laws and regulations for the protection, 13050
propagation, preservation or conservation of all saltwater aquatic 13051
life of the State of Mississippi, and they are hereby constituted 13052
peace officers of the State of Mississippi, with full police power 13053
and jurisdiction to enforce all laws of the State of Mississippi, 13054
inclusive of all federal laws within the jurisdiction of the State 13055
of Mississippi and waters and resources under management of the 13056
state, and all regulations adopted and promulgated by the 13057
department. Enforcement officers may exercise such powers in any 13058
county of the State of Mississippi and on any waters of the state, 13059
and they are hereby authorized to carry firearms or other weapons, 13060
concealed or otherwise, and they shall investigate all persons, 13061
corporations and otherwise who are alleged to have violated any 13062
laws, and make affidavits, arrests and serve papers of any court 13063
of competent jurisdiction, in like manner as is provided for 13064
sheriffs and deputy sheriffs, when the same shall be in connection 13065
with the enforcement of the seafood laws of the State of 13066
Mississippi and such other laws and regulations of this state as 13067
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the department may designate. The enforcement officers may seize 13068
at any time aquatic life caught, taken or transported in a manner 13069
contrary to the laws of this state, and may confiscate and dispose 13070
of the same. Any net or other paraphernalia used or employed in 13071
connection with a violation may be seized, and forfeiture 13072
proceedings may be instituted. Enforcement officers may draft the 13073
aid of captains, crews and boats or licensed vessels to enforce 13074
this chapter and may, without warrant, board and search vessels or 13075
vehicles. The application for any license or permit from the 13076
department to catch, fish, take, transport or handle or process 13077
any form of aquatic life, or the taking, catching, transporting or 13078
handling or processing of any and all aquatic life in this state 13079
shall constitute acquiescence and agreement upon the part of the 13080
owners, captains and crews, employers and dealers to the 13081
provisions of this chapter and the agreement that enforcement 13082
officers may exercise the authority granted under the provisions 13083
hereof. 13084
(3) Prior to entering into performance of their duties or 13085
delegations or as soon after appointment as possible, each 13086
enforcement officer, at the expense of the department, shall 13087
attend and complete an appropriate curriculum in the field of law 13088
enforcement at the Mississippi Law Enforcement Officers' Training 13089
Academy or other law enforcement training program approved under 13090
Section 45-6-7. However, members of the Enforcement Officers' 13091
Reserve Unit created in subsection (4) of this section may attend 13092
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the Mississippi Law Enforcement Officers' Training Academy at the 13093
expense of the department if it deems the training necessary or 13094
desirable. No enforcement officer shall be entitled to payment of 13095
salary after the first twelve (12) months in office if he has 13096
either failed to attend the academy or has failed to comply with 13097
other qualifications or successfully complete any law enforcement 13098
qualification examinations as the director deems necessary. The 13099
enforcement officers shall, on a periodic basis, be required to 13100
attend additional advanced courses in law enforcement in order 13101
that they will be properly improved and trained in the modern, 13102
technical advances of law enforcement. 13103
(4) (a) There is hereby created an Enforcement Officers' 13104
Reserve Unit, hereinafter termed "the reserve," to assist the 13105
enforcement officers in the performance of their duties under this 13106
chapter. The reserve shall consist of volunteers who are approved 13107
by the Executive Director of the Department of Marine Resources or 13108
his designee. The members of the reserve shall serve without pay. 13109
Reserve officers shall be in such numbers as determined by the 13110
enforcement needs, with the maximum strength of reserve officers 13111
limited to the same number as enforcement officers. 13112
(b) To be eligible for membership in the reserve, an 13113
applicant must be twenty-one (21) years of age, be a high school 13114
graduate or its equivalent, be in good physical condition, have a 13115
Mississippi driver's license, be in good standing with the 13116
community, be available for training and duty, not be a member of 13117
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any police, auxiliary police, civil defense, or private security 13118
agency, have never been convicted of a felony, and have one (1) of 13119
the following: 13120
(i) An honorable discharge or honorable separation 13121
certificate from one (1) of the United States military services; 13122
(ii) Three (3) years of responsible post-high 13123
school work experience that required the ability to deal 13124
effectively with individuals and groups of persons; 13125
(iii) Successful completion of sixty (60) semester 13126
hours at an accredited college or university; or 13127
(iv) The qualifications as are outlined in this 13128
section for enforcement officers. 13129
Members of the immediate family of enforcement officers shall 13130
not be eligible for the reserve unless a special waiver is 13131
granted. 13132
Upon acceptance into the reserve, members shall receive a 13133
temporary appointment for one (1) year. During this year of 13134
temporary status, members must successfully complete the required 13135
training and must qualify on the same firearms course as 13136
enforcement officers. 13137
(c) The reserve shall be under the leadership and 13138
direction of the executive director or his designee. The training 13139
of the reserve shall be conducted by an enforcement officer. The 13140
reserve shall meet at least once each month for the purpose of 13141
training and transacting any business as may come before it. The 13142
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executive director shall be notified in writing of all meetings of 13143
the reserve and the time and place of the meetings shall be 13144
recorded with the executive director. The executive director 13145
shall prepare a reserve officer's manual with the advice and 13146
consent of the department. The manual shall include, but is not 13147
limited to, the following: activities and operations, training, 13148
administration and duties. During active service, the reserve 13149
shall be under the direction of the executive director or his 13150
designated representative. When a reserve officer is on active 13151
duty and assigned to a specific enforcement officer, he shall be 13152
under the direct supervision of that officer. Reserve officers 13153
serve at the discretion of the executive director and may be 13154
dismissed by him. Reserve officers shall furnish their own 13155
uniforms and other personal equipment if the executive director 13156
does not provide such items. 13157
(d) The executive director may require members of the 13158
Enforcement Officers' Reserve Unit to attend officer reserve 13159
training programs conducted by county or municipal agencies. 13160
(e) The executive director may issue uniforms to such 13161
reserve officers and may authorize the issuance of any state 13162
equipment necessary for the reserve officers to adequately assist 13163
law enforcement officers. The executive director may develop a 13164
reserve officer identification system to accomplish the issuance 13165
of such items in accordance with the State Auditor guidelines. 13166
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(f) If the executive director determines that a member 13167
of the Enforcement Officers' Reserve Unit may attend a training 13168
program as authorized under this section, it shall require that 13169
reserve officer to sign an agreement, prior to attending a 13170
training program, which shall stipulate that if the reserve 13171
officer accepts employment from any other public or private law 13172
enforcement agency within three (3) years after completion of his 13173
training program, the reserve officer or the respective hiring law 13174
enforcement agency shall reimburse the department for the total 13175
cost of his training program. By October 1 of each year, the 13176
department shall provide the Conservation and Water Resources 13177
Committee of the Mississippi House of Representatives and the 13178
Ports and Marine Resources Committee of the Mississippi Senate a 13179
listing which contains each name and the respective cost of 13180
training each reserve officer received during the previous year. 13181
SECTION 152. Section 57-21-7, Mississippi Code of 1972, is 13182
brought forward as follows: 13183
57-21-7. The chief executive officer of the laboratory shall 13184
be the State Chemist. 13185
(a) Qualifications: The State Chemist shall be an 13186
individual who has earned the Doctor of Philosophy degree or its 13187
equivalent at a recognized university or college qualified to 13188
grant such degrees. The major field of his or her training should 13189
be preferably in traditional or applied fields of chemistry or 13190
biochemistry, but other disciplines may be acceptable if the 13191
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individual has experience qualifying him or her otherwise. He or 13192
she should also have knowledge by training or experience of 13193
agricultural, industrial or health-related fields. The candidate 13194
for State Chemist must be acceptable as a faculty member in a 13195
department of the university appropriate to his or her earned 13196
doctorate degree. 13197
(b) Appointment: The State Chemist shall be appointed 13198
by the president of the university, with the advice and consent of 13199
the Senate, for a term of six (6) years; and the said State 13200
Chemist shall serve for said six-year term and until his successor 13201
shall have been appointed and qualified. However, it is provided 13202
that the said State Chemist may be removed from office by the 13203
Board of Trustees of State Institutions of Higher Learning upon 13204
the demonstration of his inability to serve due to illness, 13205
incompetence, malfeasance in office, dereliction of duty or moral 13206
turpitude. The Board of Trustees of State Institutions of Higher 13207
Learning shall fix the annual salary of the State Chemist, who 13208
shall be paid from the budget of the Mississippi State Chemical 13209
Laboratory or from the budget of the university, or from both, 13210
whichever is deemed desirable by the Board of Trustees of State 13211
Institutions of Higher Learning. 13212
(c) Status: The State Chemist shall simultaneously 13213
hold an appointment as professor in a department of the university 13214
appropriate to the discipline of their doctorate degree. He or 13215
she may be granted tenure as a faculty member in accordance with 13216
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the rules current at the university upon his or her appointment. 13217
As a state regulatory official, the duties of the State Chemist 13218
are service in nature. However, as time permits, the State 13219
Chemist may teach or direct research as part of his or her 13220
professional duties, and may serve in other administrative 13221
positions as deemed desirable with the consent and approval of the 13222
president of the university and the board of trustees. He or she 13223
shall receive appropriate reimbursement for such services. 13224
(d) Responsibility: The State Chemist shall be 13225
responsible to and shall report to the president of the university 13226
or a designee of the president. 13227
(e) Duties: The State Chemist shall: 13228
1. Serve as the chief executive officer and 13229
director of the State Chemical Laboratory. 13230
2. Recommend the appointment, discharge, annual 13231
salaries, duties, and titles of administrative, technical and 13232
support personnel and staff of the laboratory to assist him or her 13233
in carrying out its authorized functions. 13234
3. Prepare and submit budget requests for the 13235
laboratory to the appropriate agency, subject to approval by the 13236
president of the university and the board of trustees. The State 13237
Chemist shall present such requests before the Legislative Budget 13238
Office and legislative committees. He or she shall prepare an 13239
annual budget for operation of the laboratory from appropriated or 13240
special funds or other income available, and shall make monthly, 13241
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quarterly and other reports of such income and expenditures to the 13242
appropriate agencies as required by law. 13243
4. Maintain an inventory of laboratory equipment 13244
and report it appropriately to the proper agencies as required by 13245
law. 13246
5. Prepare annual or biennial reports and special 13247
reports as needed of laboratory activities, programs and 13248
recommendations. Such reports shall be submitted to governmental 13249
heads and agencies as required by statutes, to the president of 13250
the university, the Board of Trustees of State Institutions of 13251
Higher Learning, and to the chief executive officer of each agency 13252
with which it cooperates. 13253
6. Serve on such state or national agencies, 13254
commissions, boards, organizations or committees as required by 13255
law. 13256
7. Conduct other business necessary and desirable 13257
for proper discharge of his or her responsibilities to the state 13258
or as may be stipulated here or elsewhere in the laws of 13259
Mississippi. 13260
SECTION 153. Section 63-17-118, Mississippi Code of 1972, is 13261
brought forward as follows: 13262
63-17-118. (1) Upon any termination, cancellation, refusal 13263
to continue, or refusal to renew any franchise or any 13264
discontinuation of any line or make of motor vehicle or parts 13265
essential to such line or make, the manufacturer or distributor 13266
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shall pay reasonable compensation to the motor vehicle dealer as 13267
follows: 13268
(a) (i) The motor vehicle dealer's net cost for any 13269
new, unused, undamaged, unregistered, unmodified and unsold 13270
vehicle with a gross vehicle weight rating of sixteen thousand 13271
(16,000) pounds or less of the current and prior model year with 13272
less than seven hundred fifty (750) miles on the odometer that is 13273
in the motor vehicle dealer's inventory and was purchased from the 13274
manufacturer or another motor vehicle dealer of the same line or 13275
make in the ordinary course of business. 13276
(ii) The motor vehicle dealer's net cost for any 13277
new, unused, undamaged, unregistered, unmodified and unsold 13278
vehicle with a gross vehicle weight rate of more than sixteen 13279
thousand (16,000) pounds of the current and prior model year that 13280
is in the motor vehicle dealer's inventory and was purchased from 13281
the manufacturer or another motor vehicle dealer of the same line 13282
or make in the ordinary course of business. 13283
(iii) The manufacturer or distributor shall have 13284
no obligation to repurchase a motor vehicle if the motor vehicle 13285
has been modified to the extent that the modifications are so 13286
significant as to void the manufacturer's warranty or has been 13287
substantially altered to the prejudice of the manufacturer or 13288
distributor. The manufacturer or distributor shall have no 13289
obligation to repurchase any parts used to modify the motor 13290
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vehicle that were not produced by or for the manufacturer or 13291
distributor. 13292
(b) The motor vehicle dealer's net cost of each new, 13293
unused and undamaged part or accessory listed in the manufacturer 13294
or distributor's current parts catalog and in the original, 13295
resalable merchandising packages. In the case of sheet metal, a 13296
comparable substitute for the original package shall be 13297
sufficient. New or reconditioned core parts shall be valued at 13298
their core value, listed in the original vehicle manufacturer's or 13299
distributor's current parts catalog. If the part or accessory was 13300
purchased by the motor vehicle dealer from another authorized same 13301
line or make motor vehicle dealer in the ordinary course of 13302
business, the manufacturer shall purchase the part or accessory 13303
for the price in the current parts catalog. The motor vehicle 13304
dealer shall maintain accurate records regarding the actual 13305
purchase price of parts that the manufacturer or distributor is 13306
required to purchase under this paragraph. 13307
(c) In addition to the costs referenced in paragraphs 13308
(a) and (b) of this subsection, the manufacturer shall pay the 13309
motor vehicle dealer an additional five percent (5%) charge based 13310
on the total compensation due under this section for handling, 13311
packing, storing and loading of any parts subject to repurchase 13312
pursuant to this section and the manufacturer shall pay for 13313
shipping the vehicles subject to repurchase from the location of 13314
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the motor vehicle dealer to the location directed by the 13315
manufacturer. 13316
(d) The manufacturer shall pay the motor vehicle dealer 13317
the amounts specified in this subsection within ninety (90) days 13318
after the tender of the property, subject to the motor vehicle 13319
dealer providing evidence of good and clear title upon return of 13320
property to the manufacturer. The manufacturer shall remove the 13321
property from the motor vehicle dealer's premises within one 13322
hundred eighty (180) days after the tender of the property. 13323
(2) In the event a manufacturer or distributor cancels, 13324
refuses to continue, or refuses to renew any franchise or 13325
discontinues any line or make or parts essential to such line or 13326
make, in addition to the compensation provided in subsection (1) 13327
of this section, the manufacturer or distributor shall pay 13328
reasonable compensation to the motor vehicle dealer as follows: 13329
(a) In the event a motor vehicle dealer leases the 13330
dealership facilities, then the manufacturer shall be liable for 13331
twelve (12) months payment of the gross rent or the remainder of 13332
the term of the lease, whichever is less. If the dealership 13333
facilities are not leased, then the manufacturer shall be liable 13334
for the equivalent of twelve (12) months payment of gross rent 13335
based upon the fair market value of the dealership facilities. 13336
The gross rent shall be paid only to the extent that the 13337
dealership premises are recognized in the franchise and only if 13338
they are used solely for performance in accordance with the 13339
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franchise and not substantially in excess of those facilities 13340
recommended by the manufacturer or distributor. If the facility 13341
is used for the operations of more than one (1) franchise, the 13342
gross rent compensation shall only include the prorated value of 13343
the square footage used exclusively for the terminated franchise 13344
or line or make at the time of termination. This paragraph shall 13345
not apply to a termination, cancellation or nonrenewal due to a 13346
sale of the assets or stock of the motor vehicle dealership. In 13347
addition to the gross rent, the manufacturer is required to pay 13348
the dealer the net cost of any upgrades or other alterations made 13349
by the motor vehicle dealer to the dealership facilities which 13350
were required in writing by the manufacturer and made by the motor 13351
vehicle dealer within two (2) years prior to the effective date of 13352
termination. Nothing in this paragraph shall be construed to 13353
relieve a motor vehicle dealer of its obligation to mitigate 13354
damages upon termination, cancellation, or nonrenewal. As used in 13355
this paragraph "gross rent" is the monthly rent plus the monthly 13356
cost of insurance and taxes. 13357
(b) The manufacturer shall pay the motor vehicle dealer 13358
for the value of twelve (12) months of any outstanding amounts on 13359
any leases or the remaining amount of the lease, whichever is 13360
less, of computer hardware or software that is exclusively used to 13361
manage and report data of the terminated line or make to the 13362
manufacturer or distributor for financial reporting requirements. 13363
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(c) The manufacturer shall pay the motor vehicle dealer 13364
for the value of twelve (12) months or the remaining amount of the 13365
lease, whichever is less of any outstanding amounts on any 13366
manufacturer or distributor required equipment leases, service 13367
contracts, and sign leases. 13368
(d) The fair market value of each undamaged sign owned 13369
by the motor vehicle dealer which bears a trademark or trade name 13370
used or claimed by the manufacturer if the sign was purchased 13371
from, or purchased at a requirement of, the manufacturer, plus the 13372
costs of installing the sign and the costs of purchasing and 13373
installing any pole upon which the sign is located. During the 13374
first three (3) years after its purchase, the fair market value of 13375
each sign shall be the motor vehicle dealer's net costs of 13376
purchasing the sign. Thereafter, the fair market value of the 13377
sign shall be the greater of its actual market value or its 13378
depreciated value on the books of the motor vehicle dealer. 13379
(e) The fair market value of all tools, data processing 13380
programs and equipment and automotive service equipment owned by 13381
the motor vehicle dealer which are exclusively used for the line 13382
or make being terminated and which were required in writing and 13383
designated as equipment, tools, data processing programs and 13384
equipment, and automotive service equipment and purchased from, or 13385
purchased as a requirement of, the manufacturer if the equipment, 13386
tools, programs and equipment are in usable and good condition, 13387
except for reasonable wear and tear. During the first three (3) 13388
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applicability of.
years after their purchase, the fair market value of each item of 13389
equipment, tools, programs, and equipment shall be the motor 13390
vehicle dealer's net cost associated with purchasing the items. 13391
Thereafter, the fair market value of each item shall be the 13392
greater of its actual market value or its depreciated value on the 13393
books of the motor vehicle dealer. 13394
(f) In addition to the other payments set forth in this 13395
section, if a termination, cancellation, or nonrenewal is premised 13396
upon the manufacturer discontinuing the sale in this state of a 13397
line or make that was the subject of the franchise, then the 13398
manufacturer shall also be liable to the motor vehicle dealer for 13399
an amount at least equivalent to the fair market value of the 13400
motor vehicle dealer's franchise for the discontinued line or make 13401
as of: 13402
(i) The date immediately preceding the date the 13403
manufacturer announces the action which results in termination, 13404
cancellation, or nonrenewal; or 13405
(ii) The day twelve (12) months prior to the date 13406
on which the notice of termination, cancellation, or nonrenewal is 13407
issued, whichever amount is higher. 13408
At the motor vehicle dealer's option, the manufacturer may 13409
avoid paying fair market value of the motor vehicle franchise to 13410
the motor vehicle dealer under this paragraph if the manufacturer, 13411
or another motor vehicle manufacturer pursuant to an agreement 13412
with the manufacturer, offers the motor vehicle dealer a 13413
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replacement motor vehicle franchise with terms substantially 13414
similar to that offered to other same line or make motor vehicle 13415
dealers. 13416
(g) The manufacturer shall pay the motor vehicle dealer 13417
the amounts specified in this subsection along with any other 13418
amounts that may be due to the motor vehicle dealer under the 13419
franchise agreement within ninety (90) days after the tender of 13420
the property, subject to the motor vehicle dealer providing 13421
evidence of good and clear title upon return of the property to 13422
the manufacturer. The manufacturer shall remove the property 13423
within one hundred eighty (180) days after the tender of the 13424
property from the motor vehicle dealer's premises. Unless 13425
previous arrangements have been made and agreed upon, the motor 13426
vehicle dealer is under no obligation to provide insurance for the 13427
property left after one hundred eighty (180) days. 13428
(3) This section shall not apply to any sale, exchange, 13429
inheritance, gift or other transfer of ownership, stock, assets, 13430
management, or any other rights of the motor vehicle dealer, or to 13431
any termination for good cause, including, but not limited to, a 13432
conviction for a felony involving moral turpitude, for failure to 13433
conduct business for seven (7) consecutive business days or eight 13434
(8) business days out of any fifteen-day business period, for 13435
insolvency of the motor vehicle dealer or for loss of license to 13436
sell motor vehicles, or where there is a failure by the new motor 13437
vehicle dealer to comply with a provision of the franchise which 13438
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provision is both reasonable and of a material significance to the 13439
franchise relationship provided that the dealer has been notified 13440
in writing of the failure. 13441
(4) This section shall not apply to motor homes. 13442
SECTION 154. Section 63-17-205, Mississippi Code of 1972, is 13443
brought forward as follows: 13444
63-17-205. (1) Manufacturer or distributor termination. 13445
(a) A manufacturer or distributor, directly or through any 13446
authorized officer, agent or employee, may not terminate, cancel 13447
or fail to renew a manufacturer-dealer agreement without good 13448
cause. If the manufacturer or distributor terminates, cancels or 13449
fails to renew the manufacturer-dealer agreement without good 13450
cause, the manufacturer or distributor must comply with Section 13451
63-17-207. If the manufacturer or distributor terminates, cancels 13452
or fails to renew the manufacturer-dealer agreement for good 13453
cause, Section 63-17-207 does not apply. 13454
(b) The manufacturer or distributor has the burden of 13455
showing good cause for terminating, canceling or failing to renew 13456
a manufacturer-dealer agreement with a dealer. For purposes of 13457
determining whether there is good cause for the proposed action, 13458
any of the following factors may be considered: 13459
(i) The extent of the affected dealer's 13460
penetration in the area of sales responsibility. 13461
(ii) The nature and extent of the dealer's 13462
investment in its business. 13463
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(iii) The adequacy of the dealer's service 13464
facilities, equipment, parts, supplies and personnel. 13465
(iv) The effect of the proposed action on the 13466
community. 13467
(v) The extent and quality of the dealer's service 13468
under recreational vehicle warranties. 13469
(vi) The failure to follow agreed-upon procedures 13470
or standards related to the overall operation of the dealership. 13471
(vii) The dealer's performance under the terms of 13472
its manufacturer-dealer agreement. 13473
(c) Except as otherwise provided in this section, a 13474
manufacturer or distributor shall provide a dealer with at least 13475
ninety (90) days' prior written notice of termination, 13476
cancellation or nonrenewal of the manufacturer-dealer agreement if 13477
the dealer is being terminated for good cause. 13478
(i) The notice must state all reasons for the 13479
proposed termination, cancellation or nonrenewal and must further 13480
state that if, within thirty (30) days following receipt of the 13481
notice the dealer provides to the manufacturer or distributor a 13482
written notice of intent to cure all claimed deficiencies, the 13483
dealer will then have ninety (90) days following receipt of the 13484
notice to rectify the deficiencies. If the deficiencies are 13485
rectified within ninety (90) days, the manufacturer's or 13486
distributor's notice is voided. If the dealer fails to provide 13487
the notice of intent to cure the deficiencies in the prescribed 13488
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time period, the termination, cancellation or nonrenewal takes 13489
effect thirty (30) days after the dealer's receipt of the notice 13490
unless the dealer has new and untitled inventory on hand that may 13491
be disposed of pursuant to Section 63-17-207. 13492
(ii) The notice period may be reduced to thirty 13493
(30) days if the manufacturer's or distributor's grounds for 13494
termination, cancellation or nonrenewal are due to any of the 13495
following good cause factors: 13496
1. A dealer or one (1) of its owners being 13497
convicted of, or entering a plea of nolo contendere to, a felony; 13498
2. The abandonment or closing of the business 13499
operations of the dealer for ten (10) consecutive business days 13500
without contacting the manufacturer prior to the closing unless 13501
the closing is due to an act of God, strike, labor difficulty, or 13502
other cause over which the dealer has no control; 13503
3. A significant misrepresentation by the 13504
dealer materially affecting the business relationship; 13505
4. A suspension or revocation of the dealer's 13506
license, or refusal to renew the dealer's license; 13507
5. A material violation of Sections 13508
63-17-201 through 63-17-221 which is not cured within thirty (30) 13509
days after the written notice by the manufacturer; or 13510
6. A declaration by the dealer of bankruptcy, 13511
insolvency or the occurrence of an assignment for the benefit of 13512
creditors or bankruptcy. 13513
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(d) The notice provisions of this subsection (1) do not 13514
apply if the reason for termination, cancellation or nonrenewal is 13515
the dealer's insolvency, the occurrence of an assignment for the 13516
benefit of creditors, or bankruptcy. 13517
(2) Dealer termination. (a) A dealer may terminate or 13518
cancel its manufacturer-dealer agreement with a manufacturer or 13519
distributor with or without good cause by giving thirty (30) days' 13520
written notice. If the termination or cancellation is for good 13521
cause, the notice must state all reasons for the proposed 13522
termination or cancellation and must further state that if, within 13523
thirty (30) days following receipt of the notice, the manufacturer 13524
or distributor provides to the dealer a written notice of intent 13525
to cure all claimed deficiencies, the manufacturer or distributor 13526
will then have ninety (90) days following receipt of the original 13527
notice to rectify the deficiencies. If the deficiencies are 13528
rectified within ninety (90) days, the dealer's notice is voided. 13529
If the manufacturer or distributor fails to provide the notice of 13530
intent to cure the deficiencies in the time period prescribed in 13531
the original notice of termination or cancellation, the pending 13532
termination or cancellation shall take effect thirty (30) days 13533
after the manufacturer's or distributor's receipt of the original 13534
notice. 13535
(b) If the dealer terminates, cancels or fails to renew 13536
the manufacturer-dealer agreement without good cause, the terms of 13537
Section 63-17-207 do not apply. If the dealer terminates, cancels 13538
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or fails to renew the manufacturer-dealer agreement with good 13539
cause, Section 63-17-207 applies. The dealer has the burden of 13540
showing good cause. Any of the following items shall be deemed 13541
"good cause" for the proposed termination, cancellation or 13542
nonrenewal action by a dealer: 13543
(i) A manufacturer being convicted of, or entering 13544
a plea of nolo contendere to, a felony. 13545
(ii) The business operations of the manufacturer 13546
have been abandoned or closed for ten (10) consecutive business 13547
days without contacting the dealer prior to the closing unless the 13548
closing is due to an act of God, strike, labor difficulty, or 13549
other cause over which the manufacturer has no control. 13550
(iii) A significant misrepresentation by the 13551
manufacturer materially affecting the business relationship. 13552
(iv) A material violation of Sections 63-17-201 13553
through 63-17-221 that is not cured within thirty (30) days after 13554
written notice by the dealer. 13555
(v) A declaration by the manufacturer of 13556
bankruptcy, insolvency, or the occurrence of an assignment for the 13557
benefit of creditors or bankruptcy. 13558
SECTION 155. Section 63-17-209, Mississippi Code of 1972, is 13559
brought forward as follows: 13560
63-17-209. (1) If a dealer desires to make a change in 13561
ownership by the sale of the business assets, stock transfer, or 13562
otherwise, the dealer shall give the manufacturer or distributor 13563
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written notice at least fifteen (15) business days before the 13564
closing, including all supporting documentation as may be 13565
reasonably required by the manufacturer or distributor to 13566
determine if an objection to the sale may be made. In the absence 13567
of a breach by the selling dealer of its dealer agreement or this 13568
chapter, the manufacturer or distributor shall not object to the 13569
proposed change in ownership unless the prospective transferee: 13570
(a) Has previously been terminated by the manufacturer 13571
for breach of its dealer agreement; 13572
(b) Has been convicted of a felony or any crime of 13573
fraud, deceit, or moral turpitude; 13574
(c) Lacks any license required by law; 13575
(d) Does not have an active line of credit sufficient 13576
to purchase a manufacturer's product; or 13577
(e) Has undergone in the last ten (10) years 13578
bankruptcy, insolvency, a general assignment for the benefit of 13579
creditors, or the appointment of a receiver, trustee or 13580
conservator to take possession of the transferee's business or 13581
property. This paragraph (e) can be waived if the prospective 13582
transferee meets all of the requirements of this section and if 13583
the prospective transferee fully qualifies under the 13584
manufacturer's or lender's financial criteria. 13585
(2) If the manufacturer or distributor objects to a proposed 13586
change of ownership, the manufacturer or distributor shall give 13587
written notice of its reasons to the dealer within ten (10) 13588
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business days after receipt of the dealer's notification and 13589
complete documentation. The manufacturer or distributor has the 13590
burden of proof with regard to its objection. If the manufacturer 13591
or distributor does not give timely notice of its objection, the 13592
change or sale shall be deemed approved. 13593
(3) It is unlawful for a manufacturer or distributor to fail 13594
to provide a dealer an opportunity to designate, in writing, a 13595
family member as a successor to the dealership in the event of the 13596
death, incapacity or retirement of the dealer. It is unlawful to 13597
prevent or refuse to honor the succession to a dealership by a 13598
family member of the deceased, incapacitated or retired dealer 13599
unless the manufacturer or distributor has provided to the dealer 13600
written notice of its objections within ten (10) business days 13601
after receipt of the dealer's modification of the dealer's 13602
succession plan. In the absence of a breach of the dealer 13603
agreement, the manufacturer may object to the succession for the 13604
following reasons only: 13605
(a) Conviction of the successor of a felony or any 13606
crime of fraud, deceit or moral turpitude; 13607
(b) Bankruptcy or insolvency of the successor during 13608
the past ten (10) years. This paragraph (b) can be waived if the 13609
prospective successor meets all the requirements of this section 13610
and if the prospective successor fully qualifies under the 13611
manufacturer's or lender's financial criteria; 13612
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(c) Prior termination by the manufacturer of the 13613
successor for breach of a dealer agreement; 13614
(d) The lack of an active line of credit for the 13615
successor sufficient to purchase the manufacturer's product; or 13616
(e) The lack of any license for the successor required 13617
by law. 13618
(4) The manufacturer or distributor has the burden of proof 13619
regarding its objection. However, a family member may not succeed 13620
to a dealership if the succession involves, without the 13621
manufacturer's or distributor's consent, a relocation of the 13622
business or an alteration of the terms and conditions of the 13623
manufacturer-dealer agreement. 13624
SECTION 156. Section 67-7-11, Mississippi Code of 1972, is 13625
brought forward as follows: 13626
67-7-11. (1) Except as otherwise provided for in this 13627
chapter, a supplier shall not amend or modify an agreement; cause 13628
a wholesaler to resign from an agreement; or cancel, terminate, 13629
fail to renew or refuse to continue under an agreement, unless the 13630
supplier has complied with all of the following: 13631
(a) Has satisfied the applicable notice requirements of 13632
this section. 13633
(b) Has acted in good faith. 13634
(c) Has good cause for the amendment, modification, 13635
cancellation, termination, nonrenewal, discontinuance or forced 13636
resignation. 13637
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(2) In any action challenging such amendment, modification, 13638
termination, cancellation, nonrenewal or discontinuance, the 13639
supplier shall have the burden of proving that it has acted in 13640
good faith, that the notice requirements under this section have 13641
been complied with, and that there was good cause for the 13642
amendment, modification, termination, cancellation, nonrenewal or 13643
discontinuance. 13644
(3) Except as otherwise provided in this section, and in 13645
addition to the time limits set forth in subsection (4)(d) of this 13646
section, the supplier shall furnish written notice of the 13647
amendment, modification, termination, cancellation, nonrenewal or 13648
discontinuance of an agreement to the wholesaler not less than 13649
thirty (30) days before the effective date of the amendment, 13650
modification, termination, cancellation, nonrenewal or 13651
discontinuance. The notice shall be by certified mail and shall 13652
contain all of the following: 13653
(a) A statement of intention to amend, modify, 13654
terminate, cancel, nonrenew or discontinue the agreement. 13655
(b) A statement of the reason for the amendment, 13656
modification, termination, cancellation, nonrenewal or 13657
discontinuance. 13658
(c) The date on which the amendment, modification, 13659
termination, cancellation, nonrenewal or discontinuance takes 13660
effect. 13661
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(4) Good cause shall exist for the purposes of a 13662
termination, cancellation, nonrenewal or discontinuance under 13663
subsection (1)(c) of this section when all of the following occur: 13664
(a) There is a failure by the wholesaler to comply with 13665
a provision of the agreement which is both reasonable and of 13666
material significance to the business relationship between the 13667
wholesaler and the supplier. 13668
(b) The supplier first acquired knowledge of the 13669
failure described in subparagraph (a) not more than twenty-four 13670
(24) months before the date notification was given pursuant to 13671
subsection (3) of this section. 13672
(c) The wholesaler was given notice by the supplier of 13673
failure to comply with this agreement. 13674
(d) The wholesaler has been afforded thirty (30) days 13675
in which to submit a plan of corrective action to comply with the 13676
agreement and an additional ninety (90) days to cure such 13677
noncompliance in accordance with the plan. 13678
(5) Notwithstanding subsections (1) and (3) of this section, 13679
a supplier may terminate, cancel, fail to renew or discontinue an 13680
agreement immediately upon written notice given in the manner and 13681
containing the information required by subsection (3)(a), (b) and 13682
(c) of this section if any of the following occur: 13683
(a) Insolvency of the wholesaler, the filing of any 13684
petition by or against the wholesaler under any bankruptcy or 13685
receivership law or the assignment for the benefit of creditors or 13686
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dissolution or liquidation of the wholesaler which materially 13687
affects the wholesaler's ability to remain in business. 13688
(b) Revocation or suspension of the wholesaler's state 13689
or federal license by the appropriate regulatory agency whereby 13690
the wholesaler cannot service the wholesaler's sales territory for 13691
more than thirty-one (31) days. 13692
(c) The wholesaler, or a partner or an individual who 13693
owns ten percent (10%) or more of the partnership or stock of a 13694
corporate wholesaler, has been convicted of a felony under the 13695
United States Code or the laws of any state which reasonably may 13696
adversely affect the good will or interest of the wholesaler or 13697
supplier. However, an existing stockholder or stockholders, or 13698
partner or partners, or a designated member or members, shall 13699
have, subject to the provisions of this chapter, the right to 13700
purchase the partnership interest or the stock of the offending 13701
partner or stockholder prior to the conviction of the offending 13702
partner or stockholder, and if the sale is completed prior to 13703
conviction the provisions of this subparagraph shall not apply. 13704
(d) There was fraudulent conduct relating to a material 13705
matter on the part of the wholesaler in dealings with the supplier 13706
or its product, except that the supplier shall have the burden of 13707
proving fraudulent conduct relating to a material matter on the 13708
part of the wholesaler in any legal action challenging such 13709
termination. 13710
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(e) The wholesaler failed to confine to the designated 13711
sales territory its sales of a brand or brands to retailers except 13712
that this subsection does not apply if there is a dispute between 13713
two (2) or more wholesalers as to the boundaries of the assigned 13714
territory, and the boundaries cannot be determined by a reading of 13715
the description contained in the agreements between the supplier 13716
and the wholesalers. 13717
(f) A wholesaler has failed to pay for light wine, 13718
light spirit product or beer ordered and delivered in accordance 13719
with established terms and the wholesaler fails to make full 13720
payment within five (5) business days after receipt of written 13721
notice of the delinquency and demand for immediate payment from 13722
the supplier. 13723
(g) A wholesaler intentionally has made a transfer of 13724
wholesaler's business, other than a transfer to a designated 13725
member without prior written notice to the supplier. 13726
(h) A wholesaler intentionally has made a transfer of 13727
wholesaler's business, other than a transfer to a designated 13728
member, although the wholesaler has prior to said transfer 13729
received from supplier a timely notice of disapproval of said 13730
transfer in accordance with this chapter. 13731
(i) The wholesaler intentionally ceases to carry on 13732
business with respect to any of supplier's brand or brands 13733
previously serviced by wholesaler in its territory designated by 13734
the supplier, unless such cessation is due to force majeure or to 13735
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labor dispute and the wholesaler has made good faith efforts to 13736
overcome such events. Provided, however, this shall affect only 13737
that brand or brands with respect to which the wholesaler ceased 13738
to carry on business. 13739
(6) Notwithstanding subsections (1), (3) and (5) of this 13740
section, a supplier may terminate, cancel, not renew or 13741
discontinue an agreement upon not less than thirty (30) days prior 13742
written notice if the supplier discontinues production or 13743
discontinues distribution in this state of all the brands sold by 13744
the supplier to the wholesaler, except that nothing in this 13745
section shall prohibit a supplier from: (a) upon not less than 13746
thirty (30) days notice, discontinuing the distribution of any 13747
particular brand or package of light wine, light spirit product or 13748
beer; or (b) conducting test marketing of a new brand of light 13749
wine, light spirit product or beer which is not currently being 13750
sold in this state, except that the supplier has notified the 13751
department in writing of its plans to test market, which notice 13752
shall describe the market area in which the test shall be 13753
conducted; the name or names of the wholesaler or wholesalers who 13754
will be selling the light wine, light spirit product or beer; the 13755
name or names of the brand of light wine, light spirit product or 13756
beer being tested; and the period of time, not to exceed eighteen 13757
(18) months, during which the testing will take place. 13758
SECTION 157. Section 67-7-13, Mississippi Code of 1972, is 13759
brought forward as follows: 13760
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67-7-13. (1) Upon written notice of intent to transfer the 13761
wholesaler's business, any individual owning or deceased 13762
individual who owned an interest in a wholesaler may transfer the 13763
wholesaler's business to a designated member, or to any other 13764
person who meets the nondiscriminatory material and reasonable 13765
qualifications and standards required by the supplier for 13766
similarly situated wholesalers. The consent or approval of the 13767
supplier shall not be required of any transfer of the wholesaler's 13768
business, including the assignment of the wholesaler's rights 13769
under the agreement, to a designated member or shall not be 13770
withheld or unreasonably delayed to a proposed transferee who 13771
meets such nondiscriminatory, material and reasonable 13772
qualifications and standards. Such designated member or 13773
transferee shall in no event be qualified as a transferee, without 13774
the written approval or consent of the supplier, where such 13775
proposed transferee shall have been involved in the following: 13776
(a) Insolvency, filing of any voluntary or involuntary 13777
petition under any bankruptcy or receivership law, or execution of 13778
any assignment for the benefit of creditors; or 13779
(b) Revocation or suspension of a special occupational 13780
tax license by the regulatory agency of the United States 13781
government or any state, whereby service was interrupted for more 13782
than thirty-one (31) days; or 13783
(c) Conviction of the proposed transferee or any owner 13784
thereof of a felony under the United States Code or the laws of 13785
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any state which reasonably may adversely affect the good will or 13786
interest of the wholesaler or supplier; or 13787
(d) Had an agreement involuntarily terminated, 13788
cancelled, not renewed or discontinued by a supplier for good 13789
cause. 13790
(2) The supplier shall not interfere with, prevent or 13791
unreasonably delay the transfer of the wholesaler's business, 13792
including an assignment of wholesaler's rights under the 13793
agreement, if the proposed transferee is a designated member, or 13794
if the transferee other than a designated member meets such 13795
nondiscriminatory, material and reasonable qualifications and 13796
standards required by the supplier for similarly situated 13797
wholesalers. Where the transferee is other than a designated 13798
member, the supplier may in good faith and for good cause related 13799
to the reasonable qualifications refuse to accept the transfer of 13800
the wholesaler's business or the assignment of the wholesaler's 13801
rights under the agreement. 13802
SECTION 158. Section 73-15-201, Mississippi Code of 1972, is 13803
brought forward as follows: 13804
73-15-201. The Nurse Licensure Compact is enacted into law 13805
and entered into by this state with any and all states legally 13806
joining in the compact in accordance with its term, in the form 13807
substantially as follows: 13808
ARTICLE I. 13809
Findings and declaration of purpose. 13810
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(a) The party states find that: 13811
1. The health and safety of the public are 13812
affected by the degree of compliance with and the effectiveness of 13813
enforcement activities related to state nurse licensure laws; 13814
2. Violations of nurse licensure and other laws 13815
regulating the practice of nursing may result in injury or harm to 13816
the public; 13817
3. The expanded mobility of nurses and the use of 13818
advanced communication technologies as part of our nation's health 13819
care delivery system require greater coordination and cooperation 13820
among states in the areas of nurse licensure and regulation; 13821
4. New practice modalities and technology make 13822
compliance with individual state nurse licensure laws difficult 13823
and complex; 13824
5. The current system of duplicative licensure for 13825
nurses practicing in multiple states is cumbersome and redundant 13826
for both nurses and states; and 13827
6. Uniformity of nurse licensure requirements 13828
throughout the states promotes public safety and public health 13829
benefits. 13830
(b) The general purposes of this compact are to: 13831
1. Facilitate the states' responsibility to 13832
protect the public's health and safety; 13833
2. Ensure and encourage the cooperation of party 13834
states in the areas of nurse licensure and regulation; 13835
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3. Facilitate the exchange of information between 13836
party states in the areas of nurse regulation, investigation and 13837
adverse actions; 13838
4. Promote compliance with the laws governing the 13839
practice of nursing in each jurisdiction; 13840
5. Invest all party states with the authority to 13841
hold a nurse accountable for meeting all state practice laws in 13842
the state in which the patient is located at the time care is 13843
rendered through the mutual recognition of party state licenses; 13844
6. Decrease redundancies in the consideration and 13845
issuance of nurse licenses; and 13846
7. Provide opportunities for interstate practice 13847
by nurses who meet uniform licensure requirements. 13848
ARTICLE II. 13849
Definitions. 13850
As used in this compact: 13851
(a) "Adverse action" means any administrative, civil, 13852
equitable or criminal action permitted by a state's laws which is 13853
imposed by a licensing board or other authority against a 13854
nurse, including actions against an individual's license or 13855
multistate licensure privilege such as revocation, suspension, 13856
probation, monitoring of the licensee, limitation on the 13857
licensee's practice, or any other encumbrance on licensure 13858
affecting a nurse's authorization to practice, including issuance 13859
of a cease and desist action. 13860
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(b) "Alternative program" means a nondisciplinary 13861
monitoring program approved by a licensing board. 13862
(c) "Coordinated licensure information system" means an 13863
integrated process for collecting, storing and sharing information 13864
on nurse licensure and enforcement activities related to nurse 13865
licensure laws that is administered by a nonprofit organization 13866
composed of and controlled by licensing boards. 13867
(d) "Current significant investigative information" 13868
means: 13869
1. Investigative information that a licensing 13870
board, after a preliminary inquiry that includes notification and 13871
an opportunity for the nurse to respond, if required by state law, 13872
has reason to believe is not groundless and, if proved true, would 13873
indicate more than a minor infraction; or 13874
2. Investigative information that indicates that 13875
the nurse represents an immediate threat to public health and 13876
safety regardless of whether the nurse has been notified and had 13877
an opportunity to respond. 13878
(e) "Encumbrance" means a revocation or suspension of, 13879
or any limitation on, the full and unrestricted practice of 13880
nursing imposed by a licensing board. 13881
(f) "Home state" means the party state which is the 13882
nurse's primary state of residence. 13883
(g) "Licensing board" means a party state's regulatory 13884
body responsible for issuing nurse licenses. 13885
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(h) "Multistate license" means a license to practice as 13886
a registered or a licensed practical/vocational nurse (LPN/VN) 13887
issued by a home state licensing board that authorizes the 13888
licensed nurse to practice in all party states under a multistate 13889
licensure privilege. 13890
(i) "Multistate licensure privilege" means a legal 13891
authorization associated with a multistate license permitting the 13892
practice of nursing as either a registered nurse (RN) or LPN/VN in 13893
a remote state. 13894
(j) "Nurse" means RN or LPN/VN, as those terms are 13895
defined by each party state's practice laws. 13896
(k) "Party state" means any state that has adopted this 13897
compact. 13898
(l) "Remote state" means a party state, other than the 13899
home state. 13900
(m) "Single-state license" means a nurse license issued 13901
by a party state that authorizes practice only within the issuing 13902
state and does not include a multistate licensure privilege to 13903
practice in any other party state. 13904
(n) "State" means a state, territory or possession of 13905
the United States and the District of Columbia. 13906
(o) "State practice laws" means a party state's laws, 13907
rules and regulations that govern the practice of nursing, define 13908
the scope of nursing practice, and create the methods and grounds 13909
for imposing discipline. "State practice laws" do not include 13910
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requirements necessary to obtain and retain a license, except for 13911
qualifications or requirements of the home state. 13912
ARTICLE III. 13913
General provisions and jurisdiction. 13914
(a) A multistate license to practice registered or 13915
licensed practical/vocational nursing issued by a home state to a 13916
resident in that state will be recognized by each party state as 13917
authorizing a nurse to practice as a registered nurse (RN) or as a 13918
licensed practical/vocational nurse (LPN/VN), under a multistate 13919
licensure privilege, in each party state. 13920
(b) A state must implement procedures for considering 13921
the criminal history records of applicants for initial multistate 13922
license or licensure by endorsement. Such procedures shall 13923
include the submission of fingerprints or other biometric-based 13924
information by applicants for the purpose of obtaining an 13925
applicant's criminal history record information from the Federal 13926
Bureau of Investigation and the agency responsible for retaining 13927
that state's criminal records. 13928
(c) Each party state shall require the following for an 13929
applicant to obtain or retain a multistate license in the home 13930
state: 13931
1. Meets the home state's qualifications for 13932
licensure or renewal of licensure, as well as, all other 13933
applicable state laws; 13934
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2. (i) Has graduated or is eligible to graduate 13935
from a licensing board-approved RN or LPN/VN prelicensure 13936
education program; or 13937
(ii) Has graduated from a foreign RN or 13938
LPN/VN prelicensure education program that (a) has been approved 13939
by the authorized accrediting body in the applicable country and 13940
(b) has been verified by an independent credentials review agency 13941
to be comparable to a licensing board-approved prelicensure 13942
education program; 13943
3. Has, if a graduate of a foreign prelicensure 13944
education program not taught in English or if English is not the 13945
individual's native language, successfully passed an English 13946
proficiency examination that includes the components of reading, 13947
speaking, writing and listening; 13948
4. Has successfully passed a National Council 13949
Licensure Examination-Registered Nurse (NCLEX-RN®) or National 13950
Council Licensure Examination-Practical Nurse (NCLEX-PN®) 13951
Examination or recognized predecessor, as applicable; 13952
5. Is eligible for or holds an active, 13953
unencumbered license; 13954
6. Has submitted, in connection with an 13955
application for initial licensure or licensure by endorsement, 13956
fingerprints or other biometric data for the purpose of obtaining 13957
criminal history record information from the Federal Bureau of 13958
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Investigation and the agency responsible for retaining that 13959
state's criminal records; 13960
7. Has not been convicted or found guilty, or has 13961
entered into an agreed disposition, of a felony offense under 13962
applicable state or federal criminal law; 13963
8. Has not been convicted or found guilty, or has 13964
entered into an agreed disposition, of a misdemeanor offense 13965
related to the practice of nursing as determined on a case-by-case 13966
basis; 13967
9. Is not currently enrolled in an alternative 13968
program; 13969
10. Is subject to self-disclosure requirements 13970
regarding current participation in an alternative program; and 13971
11. Has a valid United States social security 13972
number. 13973
(d) All party states shall be authorized, in accordance 13974
with existing state due process law, to take adverse action 13975
against a nurse's multistate licensure privilege such as 13976
revocation, suspension, probation or any other action that affects 13977
a nurse's authorization to practice under a multistate licensure 13978
privilege, including cease and desist actions. If a party state 13979
takes such action, it shall promptly notify the administrator of 13980
the coordinated licensure information system. The administrator 13981
of the coordinated licensure information system shall promptly 13982
notify the home state of any such actions by remote states. 13983
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(e) A nurse practicing in a party state must comply 13984
with the state practice laws of the state in which the client is 13985
located at the time service is provided. The practice of nursing 13986
is not limited to patient care, but shall include all nursing 13987
practice as defined by the state practice laws of the party state 13988
in which the client is located. The practice of nursing in a 13989
party state under a multistate licensure privilege will subject a 13990
nurse to the jurisdiction of the licensing board, the courts and 13991
the laws of the party state in which the client is located at the 13992
time service is provided. 13993
(f) Individuals not residing in a party state shall 13994
continue to be able to apply for a party state's single-state 13995
license as provided under the laws of each party state. However, 13996
the single-state license granted to these individuals will not be 13997
recognized as granting the privilege to practice nursing in any 13998
other party state. Nothing in this compact shall affect the 13999
requirements established by a party state for the issuance of a 14000
single-state license. 14001
(g) Any nurse holding a home state multistate license, 14002
on the effective date of this compact, may retain and renew the 14003
multistate license issued by the nurse's then-current home state, 14004
provided that: 14005
1. A nurse, who changes primary state of residence 14006
after this compact's effective date, must meet all applicable 14007
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Article III(c) requirements to obtain a multistate license from a 14008
new home state. 14009
2. A nurse who fails to satisfy the multistate 14010
licensure requirements in subsection (c) of this article due to a 14011
disqualifying event occurring after this compact's effective date 14012
shall be ineligible to retain or renew a multistate license, and 14013
the nurse's multistate license shall be revoked or deactivated in 14014
accordance with applicable rules adopted by the Interstate 14015
Commission of Nurse Licensure Compact Administrators 14016
("commission"). 14017
ARTICLE IV. 14018
Applications for licensure in a party state. 14019
(a) Upon application for a multistate license, the 14020
licensing board in the issuing party state shall ascertain, 14021
through the coordinated licensure information system, whether the 14022
applicant has ever held, or is the holder of, a license issued by 14023
any other state, whether there are any encumbrances on any license 14024
or multistate licensure privilege held by the applicant, whether 14025
any adverse action has been taken against any license or 14026
multistate licensure privilege held by the applicant and whether 14027
the applicant is currently participating in an alternative 14028
program. 14029
(b) A nurse may hold a multistate license, issued by 14030
the home state, in only one (1) party state at a time. 14031
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(c) If a nurse changes primary state of residence by 14032
moving between two (2) party states, the nurse must apply for 14033
licensure in the new home state, and the multistate license issued 14034
by the prior home state will be deactivated in accordance with 14035
applicable rules adopted by the commission. 14036
1. The nurse may apply for licensure in advance of 14037
a change in primary state of residence. 14038
2. A multistate license shall not be issued by the 14039
new home state until the nurse provides satisfactory evidence of a 14040
change in primary state of residence to the new home state and 14041
satisfies all applicable requirements to obtain a multistate 14042
license from the new home state. 14043
(d) If a nurse changes primary state of residence by 14044
moving from a party state to a nonparty state, the multistate 14045
license issued by the prior home state will convert to a 14046
single-state license, valid only in the former home state. 14047
ARTICLE V. 14048
Additional authorities invested in party state licensing boards. 14049
(a) In addition to the other powers conferred by state 14050
law, a licensing board shall have the authority to: 14051
1. Take adverse action against a nurse's 14052
multistate licensure privilege to practice within that party 14053
state. 14054
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(i) Only the home state shall have the power 14055
to take adverse action against a nurse's license issued by the 14056
home state. 14057
(ii) For purposes of taking adverse action, 14058
the home state licensing board shall give the same priority and 14059
effect to reported conduct received from a remote state as it 14060
would if such conduct had occurred within the home state. 14061
In so doing, the home state shall apply its own state laws to 14062
determine appropriate action. 14063
2. Issue cease and desist orders or impose an 14064
encumbrance on a nurse's authority to practice within that party 14065
state. 14066
3. Complete any pending investigations of a nurse 14067
who changes primary state of residence during the course of such 14068
investigations. The licensing board shall also have the authority 14069
to take appropriate action(s) and shall promptly report the 14070
conclusions of such investigations to the administrator of the 14071
coordinated licensure information system. The administrator of 14072
the coordinated licensure information system shall promptly notify 14073
the new home state of any such actions. 14074
4. Issue subpoenas for both hearings and 14075
investigations that require the attendance and testimony of 14076
witnesses, as well as, the production of evidence. 14077
Subpoenas issued by a licensing board in a party state for 14078
the attendance and testimony of witnesses or the production of 14079
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evidence from another party state shall be enforced in the latter 14080
state by any court of competent jurisdiction, according to the 14081
practice and procedure of that court applicable to subpoenas 14082
issued in proceedings pending before it. The issuing authority 14083
shall pay any witness fees, travel expenses, mileage and other 14084
fees required by the service statutes of the state in which the 14085
witnesses or evidence are located. 14086
5. Obtain and submit, for each nurse licensure 14087
applicant, fingerprint or other biometric-based information to the 14088
Federal Bureau of Investigation for criminal background checks, 14089
receive the results of the Federal Bureau of Investigation record 14090
search on criminal background checks and use the results in making 14091
licensure decisions. 14092
6. If otherwise permitted by state law, recover 14093
from the affected nurse the costs of investigations and 14094
disposition of cases resulting from any adverse action taken 14095
against that nurse. 14096
7. Take adverse action based on the factual 14097
findings of the remote state, provided that the licensing board 14098
follows its own procedures for taking such adverse action. 14099
(b) If adverse action is taken by the home state 14100
against a nurse's multistate license, the nurse's multistate 14101
licensure privilege to practice in all other party states shall be 14102
deactivated until all encumbrances have been removed from the 14103
multistate license. All home state disciplinary orders that 14104
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impose adverse action against a nurse's multistate license shall 14105
include a statement that the nurse's multistate licensure 14106
privilege is deactivated in all party states during the pendency 14107
of the order. 14108
(c) Nothing in this compact shall override a party 14109
state's decision that participation in an alternative program may 14110
be used in lieu of adverse action. The home state licensing board 14111
shall deactivate the multistate licensure privilege under the 14112
multistate license of any nurse for the duration of the nurse's 14113
participation in an alternative program. 14114
ARTICLE VI. 14115
Coordinated licensure information system and exchange of 14116
information. 14117
(a) All party states shall participate in a coordinated 14118
licensure information system of all licensed registered nurses 14119
(RNs) and licensed practical/vocational nurses (LPNs/VNs). This 14120
system will include information on the licensure and disciplinary 14121
history of each nurse, as submitted by party states, to assist in 14122
the coordination of nurse licensure and enforcement efforts. 14123
(b) The commission, in consultation with the 14124
administrator of the coordinated licensure information system, 14125
shall formulate necessary and proper procedures for the 14126
identification, collection and exchange of information under this 14127
compact. 14128
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(c) All licensing boards shall promptly report to the 14129
coordinated licensure information system any adverse action, any 14130
current significant investigative information, denials of 14131
applications (with the reasons for such denials) and nurse 14132
participation in alternative programs known to the licensing board 14133
regardless of whether such participation is deemed nonpublic or 14134
confidential under state law. 14135
(d) Current significant investigative information and 14136
participation in nonpublic or confidential alternative programs 14137
shall be transmitted through the coordinated licensure information 14138
system only to party state licensing boards. 14139
(e) Notwithstanding any other provision of law, all 14140
party state licensing boards contributing information to the 14141
coordinated licensure information system may designate information 14142
that may not be shared with nonparty states or disclosed to other 14143
entities or individuals without the express permission of the 14144
contributing state. 14145
(f) Any personally identifiable information obtained 14146
from the coordinated licensure information system by a party state 14147
licensing board shall not be shared with nonparty states or 14148
disclosed to other entities or individuals except to the extent 14149
permitted by the laws of the party state contributing the 14150
information. 14151
(g) Any information contributed to the coordinated 14152
licensure information system that is subsequently required to be 14153
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expunged by the laws of the party state contributing that 14154
information shall also be expunged from the coordinated licensure 14155
information system. 14156
(h) The compact administrator of each party state shall 14157
furnish a uniform data set to the compact administrator of each 14158
other party state, which shall include, at a minimum: 14159
1. Identifying information; 14160
2. Licensure data; 14161
3. Information related to alternative program 14162
participation; and 14163
4. Other information that may facilitate the 14164
administration of this compact, as determined by commission rules. 14165
(i) The compact administrator of a party state shall 14166
provide all investigative documents and information requested by 14167
another party state. 14168
ARTICLE VII. 14169
Establishment of the Interstate Commission of Nurse Licensure 14170
Compact administrators. 14171
(a) The party states hereby create and establish a 14172
joint public entity known as the Interstate Commission of Nurse 14173
Licensure Compact Administrators. 14174
1. The commission is an instrumentality of the 14175
party states. 14176
2. Venue is proper, and judicial proceedings by or 14177
against the commission shall be brought solely and exclusively, in 14178
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a court of competent jurisdiction where the principal office of 14179
the commission is located. The commission may waive venue and 14180
jurisdictional defenses to the extent it adopts or consents to 14181
participate in alternative dispute resolution proceedings. 14182
3. Nothing in this compact shall be construed to 14183
be a waiver of sovereign immunity. 14184
(b) Membership, voting and meetings. 14185
1. Each party state shall have and be limited to 14186
one (1) administrator. The head of the state licensing board or 14187
designee shall be the administrator of this compact for each party 14188
state. Any administrator may be removed or suspended from office 14189
as provided by the law of the state from which the administrator 14190
is appointed. Any vacancy occurring in the commission shall be 14191
filled in accordance with the laws of the party state in which the 14192
vacancy exists. 14193
2. Each administrator shall be entitled to one (1) 14194
vote with regard to the promulgation of rules and creation of 14195
bylaws and shall otherwise have an opportunity to participate in 14196
the business and affairs of the commission. An administrator 14197
shall vote in person or by such other means as provided in the 14198
bylaws. The bylaws may provide for an administrator's 14199
participation in meetings by telephone or other means of 14200
communication. 14201
3. The commission shall meet at least once during 14202
each calendar year. 14203
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Additional meetings shall be held as set forth in the bylaws 14204
or rules of the commission. 14205
4. All meetings shall be open to the public, and 14206
public notice of meetings shall be given in the same manner as 14207
required under the rulemaking provisions in Article VIII. 14208
5. The commission may convene in a closed, 14209
nonpublic meeting if the commission must discuss: 14210
(i) Noncompliance of a party state with its 14211
obligations under this compact; 14212
(ii) The employment, compensation, discipline 14213
or other personnel matters, practices or procedures related to 14214
specific employees or other matters related to the commission's 14215
internal personnel practices and procedures; 14216
(iii) Current, threatened or reasonably 14217
anticipated litigation; 14218
(iv) Negotiation of contracts for the 14219
purchase or sale of goods, services or real estate; 14220
(v) Accusing any person of a crime or 14221
formally censuring any person; 14222
(vi) Disclosure of trade secrets or 14223
commercial or financial information that is privileged or 14224
confidential; 14225
(vii) Disclosure of information of a personal 14226
nature where disclosure would constitute a clearly unwarranted 14227
invasion of personal privacy; 14228
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(viii) Disclosure of investigatory records 14229
compiled for law enforcement purposes; 14230
(ix) Disclosure of information related to any 14231
reports prepared by or on behalf of the commission for the purpose 14232
of investigation of compliance with this compact; or 14233
(x) Matters specifically exempted from 14234
disclosure by federal or state statute. 14235
6. If a meeting, or portion of a meeting, is 14236
closed pursuant to this provision, the commission's legal counsel 14237
or designee shall certify that the meeting may be closed and shall 14238
reference each relevant exempting provision. The commission shall 14239
keep minutes that fully and clearly describe all matters discussed 14240
in a meeting and shall provide a full and accurate summary of 14241
actions taken, and the reasons therefor, including a description 14242
of the views expressed. All documents considered in connection 14243
with an action shall be identified in such minutes. All minutes 14244
and documents of a closed meeting shall remain under seal, subject 14245
to release by a majority vote of the commission or order of a 14246
court of competent jurisdiction. 14247
(c) The commission shall, by a majority vote of the 14248
administrators, prescribe bylaws or rules to govern its conduct as 14249
may be necessary or appropriate to carry out the purposes and 14250
exercise the powers of this compact, including, but not limited 14251
to: 14252
1. Establishing the fiscal year of the commission; 14253
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2. Providing reasonable standards and procedures: 14254
(i) For the establishment and meetings of 14255
other committees; and 14256
(ii) Governing any general or specific 14257
delegation of any authority or function of the commission; 14258
3. Providing reasonable procedures for calling and 14259
conducting meetings of the commission, ensuring reasonable advance 14260
notice of all meetings and providing an opportunity for attendance 14261
of such meetings by interested parties, with enumerated exceptions 14262
designed to protect the public's interest, the privacy of 14263
individuals, and proprietary information, including trade secrets. 14264
The commission may meet in closed session only after a majority of 14265
the administrators vote to close a meeting in whole or in part. 14266
As soon as practicable, the commission must make public a copy of 14267
the vote to close the meeting revealing the vote of each 14268
administrator, with no proxy votes allowed; 14269
4. Establishing the titles, duties and authority 14270
and reasonable procedures for the election of the officers of the 14271
commission; 14272
5. Providing reasonable standards and procedures 14273
for the establishment of the personnel policies and programs of 14274
the commission. Notwithstanding any civil service or other 14275
similar laws of any party state, the bylaws shall exclusively 14276
govern the personnel policies and programs of the commission; and 14277
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6. Providing a mechanism for winding up the 14278
operations of the commission and the equitable disposition of any 14279
surplus funds that may exist after the termination of this compact 14280
after the payment or reserving of all of its debts and 14281
obligations; 14282
(d) The commission shall publish its bylaws and rules, 14283
and any amendments thereto, in a convenient form on the website of 14284
the commission. 14285
(e) The commission shall maintain its financial records 14286
in accordance with the bylaws. 14287
(f) The commission shall meet and take such actions as 14288
are consistent with the provisions of this compact and the bylaws. 14289
(g) The commission shall have the following powers: 14290
1. To promulgate uniform rules to facilitate and 14291
coordinate implementation and administration of this compact. The 14292
rules shall have the force and effect of law and shall be binding 14293
in all party states; 14294
2. To bring and prosecute legal proceedings or 14295
actions in the name of the commission, provided that the standing 14296
of any licensing board to sue or be sued under applicable law 14297
shall not be affected; 14298
3. To purchase and maintain insurance and bonds; 14299
4. To borrow, accept or contract for services of 14300
personnel, including, but not limited to, employees of a party 14301
state or nonprofit organizations; 14302
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5. To cooperate with other organizations that 14303
administer state compacts related to the regulation of nursing, 14304
including, but not limited to, sharing administrative or staff 14305
expenses, office space or other resources; 14306
6. To hire employees, elect or appoint officers, 14307
fix compensation, define duties, grant such individuals 14308
appropriate authority to carry out the purposes of this compact, 14309
and to establish the commission's personnel policies and programs 14310
relating to conflicts of interest, qualifications of personnel and 14311
other related personnel matters; 14312
7. To accept any and all appropriate donations, 14313
grants and gifts of money, equipment, supplies, materials and 14314
services, and to receive, utilize and dispose of the same; 14315
provided that at all times the commission shall avoid any 14316
appearance of impropriety or conflict of interest; 14317
8. To lease, purchase, accept appropriate gifts or 14318
donations of, or otherwise to own, hold, improve or use, any 14319
property, whether real, personal or mixed; provided that at all 14320
times the commission shall avoid any appearance of impropriety; 14321
9. To sell, convey, mortgage, pledge, lease, 14322
exchange, abandon or otherwise dispose of any property, whether 14323
real, personal or mixed; 14324
10. To establish a budget and make expenditures; 14325
11. To borrow money; 14326
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12. To appoint committees, including advisory 14327
committees comprised of administrators, state nursing regulators, 14328
state legislators or their representatives, and consumer 14329
representatives, and other such interested persons; 14330
13. To provide and receive information from, and 14331
to cooperate with, law enforcement agencies; 14332
14. To adopt and use an official seal; and 14333
15. To perform such other functions as may be 14334
necessary or appropriate to achieve the purposes of this compact 14335
consistent with the state regulation of nurse licensure and 14336
practice. 14337
(h) Financing of the commission. 14338
1. The commission shall pay, or provide for the 14339
payment of, the reasonable expenses of its establishment, 14340
organization and ongoing activities. 14341
2. The commission may also levy on and collect an 14342
annual assessment from each party state to cover the cost of its 14343
operations, activities and staff in its annual budget as approved 14344
each year. The aggregate annual assessment amount, if any, shall 14345
be allocated based upon a formula to be determined by the 14346
commission, which shall promulgate a rule that is binding upon all 14347
party states. 14348
3. The commission shall not incur obligations of 14349
any kind prior to securing the funds adequate to meet the same; 14350
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nor shall the commission pledge the credit of any of the party 14351
states, except by, and with the authority of, such party state. 14352
4. The commission shall keep accurate accounts of 14353
all receipts and disbursements. The receipts and disbursements of 14354
the commission shall be subject to the audit and accounting 14355
procedures established under its bylaws. However, all receipts 14356
and disbursements of funds handled by the commission shall be 14357
audited yearly by a certified or licensed public accountant, and 14358
the report of the audit shall be included in and become part of 14359
the annual report of the commission. 14360
(i) Qualified immunity, defense and indemnification. 14361
1. The administrators, officers, executive 14362
director, employees and representatives of the commission shall be 14363
immune from suit and liability, either personally or in their 14364
official capacity, for any claim for damage to or loss of property 14365
or personal injury or other civil liability caused by or arising 14366
out of any actual or alleged act, error or omission that occurred, 14367
or that the person against whom the claim is made had a reasonable 14368
basis for believing occurred, within the scope of commission 14369
employment, duties or responsibilities; provided that nothing in 14370
this paragraph shall be construed to protect any such person from 14371
suit or liability for any damage, loss, injury or liability caused 14372
by the intentional, willful or wanton misconduct of that person. 14373
2. The commission shall defend any administrator, 14374
officer, executive director, employee or representative of the 14375
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commission in any civil action seeking to impose liability arising 14376
out of any actual or alleged act, error or omission that occurred 14377
within the scope of commission employment, duties or 14378
responsibilities, or that the person against whom the claim is 14379
made had a reasonable basis for believing occurred within the 14380
scope of commission employment, duties or responsibilities; 14381
provided that nothing herein shall be construed to prohibit that 14382
person from retaining his or her own counsel; and provided further 14383
that the actual or alleged act, error or omission did not result 14384
from that person's intentional, willful or wanton misconduct. 14385
3. The commission shall indemnify and hold 14386
harmless any administrator, officer, executive director, employee 14387
or representative of the commission for the amount of any 14388
settlement or judgment obtained against that person arising out of 14389
any actual or alleged act, error or omission that occurred within 14390
the scope of commission employment, duties or responsibilities, or 14391
that such person had a reasonable basis for believing occurred 14392
within the scope of commission employment, duties or 14393
responsibilities, provided that the actual or alleged act, error 14394
or omission did not result from the intentional, willful or wanton 14395
misconduct of that person. 14396
ARTICLE VIII. 14397
Rulemaking. 14398
(a) The commission shall exercise its rulemaking powers 14399
pursuant to the criteria set forth in this article and the rules 14400
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adopted thereunder. Rules and amendments shall become binding as 14401
of the date specified in each rule or amendment and shall have the 14402
same force and effect as provisions of this compact. 14403
(b) Rules or amendments to the rules shall be adopted 14404
at a regular or special meeting of the commission. 14405
(c) Prior to promulgation and adoption of a final rule 14406
or rules by the commission, and at least sixty (60) days in 14407
advance of the meeting at which the rule will be considered and 14408
voted upon, the commission shall file a notice of proposed 14409
rulemaking: 14410
1. On the website of the commission; and 14411
2. On the website of each licensing board or the 14412
publication in which each state would otherwise publish proposed 14413
rules. 14414
(d) The notice of proposed rulemaking shall include: 14415
1. The proposed time, date and location of the 14416
meeting in which the rule will be considered and voted upon; 14417
2. The text of the proposed rule or amendment, and 14418
the reason for the proposed rule; 14419
3. A request for comments on the proposed rule 14420
from any interested person; and 14421
4. The manner in which interested persons may 14422
submit notice to the commission of their intention to attend the 14423
public hearing and any written comments. 14424
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(e) Prior to adoption of a proposed rule, the 14425
commission shall allow persons to submit written data, facts, 14426
opinions and arguments, which shall be made available to the 14427
public. 14428
(f) The commission shall grant an opportunity for a 14429
public hearing before it adopts a rule or amendment. 14430
(g) The commission shall publish the place, time and 14431
date of the scheduled public hearing. 14432
1. Hearings shall be conducted in a manner 14433
providing each person who wishes to comment a fair and reasonable 14434
opportunity to comment orally or in writing. 14435
All hearings will be recorded, and a copy will be made 14436
available upon request. 14437
2. Nothing in this section shall be construed as 14438
requiring a separate hearing on each rule. Rules may be grouped 14439
for the convenience of the commission at hearings required by this 14440
section. 14441
(h) If no one appears at the public hearing, the 14442
commission may proceed with promulgation of the proposed rule. 14443
(i) Following the scheduled hearing date, or by the 14444
close of business on the scheduled hearing date if the hearing was 14445
not held, the commission shall consider all written and oral 14446
comments received. 14447
(j) The commission shall, by majority vote of all 14448
administrators, take final action on the proposed rule and shall 14449
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determine the effective date of the rule, if any, based on the 14450
rulemaking record and the full text of the rule. 14451
(k) Upon determination that an emergency exists, the 14452
commission may consider and adopt an emergency rule without prior 14453
notice, opportunity for comment or hearing, provided that the 14454
usual rulemaking procedures provided in this compact and in this 14455
section shall be retroactively applied to the rule as soon as 14456
reasonably possible, in no event later than ninety (90) days after 14457
the effective date of the rule. For the purposes of this 14458
provision, an emergency rule is one that must be adopted 14459
immediately in order to: 14460
1. Meet an imminent threat to public health, 14461
safety or welfare; 14462
2. Prevent a loss of commission or party state 14463
funds; or 14464
3. Meet a deadline for the promulgation of an 14465
administrative rule that is required by federal law or rule. 14466
(l) The commission may direct revisions to a previously 14467
adopted rule or amendment for purposes of correcting typographical 14468
errors, errors in format, errors in consistency or grammatical 14469
errors. Public notice of any revisions shall be posted on the 14470
website of the commission. The revision shall be subject to 14471
challenge by any person for a period of thirty (30) days after 14472
posting. The revision may be challenged only on grounds that the 14473
revision results in a material change to a rule. A challenge 14474
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shall be made in writing, and delivered to the commission, prior 14475
to the end of the notice period. If no challenge is made, the 14476
revision will take effect without further action. If the revision 14477
is challenged, the revision may not take effect without the 14478
approval of the commission. 14479
ARTICLE IX. 14480
Oversight, dispute resolution and enforcement. 14481
(a) Oversight: 14482
1. Each party state shall enforce this compact and 14483
take all actions necessary and appropriate to effectuate this 14484
compact's purposes and intent. 14485
2. The commission shall be entitled to receive 14486
service of process in any proceeding that may affect the powers, 14487
responsibilities or actions of the commission, and shall have 14488
standing to intervene in such a proceeding for all purposes. 14489
Failure to provide service of process in such proceeding to the 14490
commission shall render a judgment or order void as to the 14491
commission, this compact or promulgated rules. 14492
(b) Default, technical assistance and termination: 14493
1. If the commission determines that a party state 14494
has defaulted in the performance of its obligations or 14495
responsibilities under this compact or the promulgated rules, the 14496
commission shall: 14497
(i) Provide written notice to the defaulting 14498
state and other party states of the nature of the default, the 14499
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proposed means of curing the default or any other action to be 14500
taken by the commission; and 14501
(ii) Provide remedial training and specific 14502
technical assistance regarding the default. 14503
2. If a state in default fails to cure the 14504
default, the defaulting state's membership in this compact may be 14505
terminated upon an affirmative vote of a majority of the 14506
administrators, and all rights, privileges and benefits conferred 14507
by this compact may be terminated on the effective date of 14508
termination. A cure of the default does not relieve the offending 14509
state of obligations or liabilities incurred during the period of 14510
default. 14511
3. Termination of membership in this compact shall 14512
be imposed only after all other means of securing compliance have 14513
been exhausted. Notice of intent to suspend or terminate shall be 14514
given by the commission to the Governor of the defaulting state 14515
and to the executive officer of the defaulting state's licensing 14516
board and each of the party states. 14517
4. A state whose membership in this compact has 14518
been terminated is responsible for all assessments, obligations 14519
and liabilities incurred through the effective date of 14520
termination, including obligations that extend beyond the 14521
effective date of termination. 14522
5. The commission shall not bear any costs related 14523
to a state that is found to be in default or whose membership in 14524
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this compact has been terminated unless agreed upon in writing 14525
between the commission and the defaulting state. 14526
6. The defaulting state may appeal the action of 14527
the commission by petitioning the United States District Court for 14528
the District of Columbia or the federal district in which the 14529
commission has its principal offices. The prevailing party shall 14530
be awarded all costs of such litigation, including reasonable 14531
attorneys' fees. 14532
(c) Dispute resolution: 14533
1. Upon request by a party state, the commission 14534
shall attempt to resolve disputes related to the compact that 14535
arise among party states and between party and nonparty states. 14536
2. The commission shall promulgate a rule 14537
providing for both mediation and binding dispute resolution for 14538
disputes, as appropriate. 14539
3. In the event the commission cannot resolve 14540
disputes among party states arising under this compact: 14541
(i) The party states may submit the issues in 14542
dispute to an arbitration panel, which will be comprised of 14543
individuals appointed by the compact administrator in each of the 14544
affected party states and an individual mutually agreed upon by 14545
the compact administrators of all the party states involved in the 14546
dispute. 14547
(ii) The decision of a majority of the 14548
arbitrators shall be final and binding. 14549
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(d) Enforcement: 14550
1. The commission, in the reasonable exercise of 14551
its discretion, shall enforce the provisions and rules of this 14552
compact. 14553
2. By majority vote, the commission may initiate 14554
legal action in the United States District Court for the District 14555
of Columbia or the federal district in which the commission has 14556
its principal offices against a party state that is in default to 14557
enforce compliance with the provisions of this compact and its 14558
promulgated rules and bylaws. 14559
The relief sought may include both injunctive relief and 14560
damages. In the event judicial enforcement is necessary, the 14561
prevailing party shall be awarded all costs of such litigation, 14562
including reasonable attorneys' fees. 14563
3. The remedies herein shall not be the exclusive 14564
remedies of the commission. The commission may pursue any other 14565
remedies available under federal or state law. 14566
ARTICLE X. 14567
Effective date, withdrawal and amendment. 14568
(a) This compact shall become effective and binding on 14569
the earlier of the date of legislative enactment of this compact 14570
into law by no less than twenty-six (26) states or December 31, 14571
2018. All party states to this compact, that also were parties to 14572
the prior Nurse Licensure Compact, superseded by this compact, 14573
("prior compact"), shall be deemed to have withdrawn from the 14574
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prior compact within six (6) months after the effective date of 14575
this compact. 14576
(b) Each party state to this compact shall continue to 14577
recognize a nurse's multistate licensure privilege to practice in 14578
that party state issued under the prior compact until such party 14579
state has withdrawn from the prior compact. 14580
(c) Any party state may withdraw from this compact by 14581
enacting a statute repealing the same. A party state's withdrawal 14582
shall not take effect until six (6) months after enactment of the 14583
repealing statute. 14584
(d) A party state's withdrawal or termination shall not 14585
affect the continuing requirement of the withdrawing or terminated 14586
state's licensing board to report adverse actions and significant 14587
investigations occurring prior to the effective date of such 14588
withdrawal or termination. 14589
(e) Nothing contained in this compact shall be 14590
construed to invalidate or prevent any nurse licensure agreement 14591
or other cooperative arrangement between a party state and a 14592
nonparty state that is made in accordance with the other 14593
provisions of this compact. 14594
(f) This compact may be amended by the party states. 14595
No amendment to this compact shall become effective and binding 14596
upon the party states unless and until it is enacted into the laws 14597
of all party states. 14598
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(g) Representatives of nonparty states to this compact 14599
shall be invited to participate in the activities of the 14600
commission, on a nonvoting basis, prior to the adoption of this 14601
compact by all states. 14602
ARTICLE XI. 14603
Construction and severability. 14604
This compact shall be liberally construed so as to effectuate 14605
the purposes thereof. 14606
The provisions of this compact shall be severable, and if any 14607
phrase, clause, sentence or provision of this compact is declared 14608
to be contrary to the Constitution of any party state or of the 14609
United States, or if the applicability thereof to any government, 14610
agency, person or circumstance is held invalid, the validity of 14611
the remainder of this compact and the applicability thereof to any 14612
government, agency, person or circumstance shall not be affected 14613
thereby. If this compact shall be held to be contrary to the 14614
Constitution of any party state, this compact shall remain in full 14615
force and effect as to the remaining party states and in full 14616
force and effect as to the party state affected as to all 14617
severable matters. 14618
SECTION 159. Section 73-34-35, Mississippi Code of 1972, is 14619
brought forward as follows: 14620
73-34-35. (1) An application for licensure or renewal may 14621
be denied, and the rights of any licensed appraiser or licensed 14622
certified real estate appraiser may be revoked or suspended, or 14623
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the holder of the license may be otherwise disciplined, in 14624
accordance with the provisions of this chapter for any of the 14625
following acts or omissions: 14626
(a) Failing to meet the minimum qualifications for 14627
licensure established under this chapter; 14628
(b) Procuring or attempting to procure licensure under 14629
this chapter by knowingly making a false statement, submitting 14630
false information or making a material misrepresentation in an 14631
application filed with the board or procuring or attempting to 14632
procure licensure through any form of fraud or misrepresentation; 14633
(c) Paying money other than the fees provided for by 14634
this chapter to any member or employee of the board to procure 14635
licensure under this chapter; 14636
(d) An act or omission in the practice of real estate 14637
appraising which constitutes dishonesty, fraud or 14638
misrepresentation with the intent to substantially benefit the 14639
licensee or another person or with the intent to substantially 14640
injure another person; 14641
(e) Entry of a final civil or criminal judgment against 14642
a licensee on grounds of fraud, misrepresentation or deceit; 14643
(f) Conviction, including a conviction based upon a 14644
plea or finding of guilty, of a crime which is substantially 14645
related to the qualifications, functions or duties of a person 14646
developing real estate appraisals and communicating real estate 14647
appraisals to others; 14648
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(g) Engaging in the business of real estate appraising 14649
under an assumed or fictitious name not properly registered in 14650
this state; 14651
(h) Paying a finder's fee or a referral fee; 14652
(i) Making a false or misleading statement in that 14653
portion of a written appraisal report that deals with professional 14654
qualifications or in any testimony concerning professional 14655
qualifications; 14656
(j) Issuing an appraisal on any real property in which 14657
the appraiser has an interest through fee simple ownership, 14658
leasehold, rental agreement or auction agreement; 14659
(k) Taking a listing for the sale of a property within 14660
ninety (90) days of appraising such property, except as may be 14661
otherwise agreed upon by all parties and disclosed in the listing 14662
agreement; or 14663
(l) Any act or conduct, whether the same or of a 14664
different character than specified above, which constitutes or 14665
demonstrates bad faith, incompetency or untrustworthiness; or 14666
dishonest, fraudulent or improper dealing; or any other violation 14667
of the provisions of this chapter and of rules and regulations 14668
established by the board. 14669
(2) In accordance with the laws of this state, and to the 14670
extent permitted by any applicable federal legislation or 14671
regulation, the board may censure an appraisal management company, 14672
conditionally or unconditionally suspend or revoke any 14673
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registration issued under this chapter, or deny renewal of any 14674
registration issued under this chapter, or levy fines or impose 14675
civil penalties not to exceed Five Thousand Dollars ($5,000.00), 14676
if after appropriate investigation the board concludes that an 14677
appraisal management company is attempting to perform, has 14678
performed, or has attempted to perform any of the following acts: 14679
(a) Committed any act in violation of this chapter; 14680
(b) Violated any rule or regulation adopted by the 14681
board in the interest of the public and consistent with the 14682
provisions of this chapter; or 14683
(c) Procured a registration for itself or any other 14684
person by fraud, misrepresentation or deceit. 14685
(3) In order to promote voluntary compliance, encourage 14686
appraisal management companies to correct errors promptly, and 14687
ensure a fair and consistent approach to enforcement, the board is 14688
authorized to impose fines or civil penalties that are reasonable 14689
in light of the nature, extent and severity of the violation. The 14690
board is also authorized to take action against an appraisal 14691
management company's registration, if at all, only after less 14692
severe sanctions have proven insufficient to ensure behavior 14693
consistent with this chapter. When deciding whether to impose a 14694
sanction permitted by subsection (2), determining the sanction 14695
that is most appropriate in a specific instance, or making any 14696
other discretionary decision regarding the enforcement of this 14697
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chapter, the board shall consider whether an appraisal management 14698
company: 14699
(a) Has an effective program reasonably designed to 14700
ensure compliance with this chapter; 14701
(b) Has taken prompt and appropriate steps to correct 14702
and prevent the recurrence of any detected violations; and 14703
(c) Has independently reported to the board any 14704
significant violations or potential violations of this chapter, 14705
before an imminent threat of disclosure or investigation and 14706
within a reasonably prompt time after becoming aware of their 14707
occurrence. 14708
(4) In addition to the reasons specified in subsection (1) 14709
of this section, the board shall be authorized to suspend the 14710
license of any licensee for being out of compliance with an order 14711
for support, as defined in Section 93-11-153. The procedure for 14712
suspension of a license for being out of compliance with an order 14713
for support, and the procedure for the reissuance or reinstatement 14714
of a license suspended for that purpose, and the payment of any 14715
fees for the reissuance or reinstatement of a license suspended 14716
for that purpose, shall be governed by Section 93-11-157 or 14717
93-11-163, as the case may be. If there is any conflict between 14718
any provision of Section 93-11-157 or 93-11-163 and any provision 14719
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 14720
as the case may be, shall control. 14721
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SECTION 160. Section 75-35-301, Mississippi Code of 1972, is 14722
brought forward as follows: 14723
75-35-301. The commissioner may (for such period, or 14724
indefinitely, as he deems necessary to effectuate the purposes of 14725
this chapter) refuse to provide, or withdraw, inspection service 14726
under Article 1 of this chapter with respect to any establishment 14727
if he determines, after opportunity for a hearing is accorded to 14728
the applicant for, or recipient of, such service, that such 14729
applicant or recipient is unfit to engage in any business 14730
requiring inspection under Article 1 because the applicant or 14731
recipient, or anyone responsibly connected with the applicant or 14732
recipient, has been convicted, in any federal or state court, of 14733
(1) any felony, or (2) more than one violation of any law, other 14734
than a felony, based upon the acquiring, handling, or distributing 14735
of unwholesome, mislabeled, or deceptively packaged food or upon 14736
fraud in connection with transactions in food. This section shall 14737
not affect in any way other provisions of this chapter for 14738
withdrawal of inspection services under Article 1 from 14739
establishments failing to maintain sanitary conditions or to 14740
destroy condemned carcasses, parts, meat or meat food products. 14741
For the purpose of this section, a person shall be deemed to 14742
be responsibly connected with the business if he was a partner, 14743
officer, director, holder, or owner of ten per centum (10%) or 14744
more of its voting stock or employee in a managerial or executive 14745
capacity. The determination and order of the commissioner with 14746
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respect thereto under this section shall be final and conclusive 14747
unless the affected applicant for, or recipient of, inspection 14748
service files application for judicial review within thirty (30) 14749
days after the effective date of such order in the appropriate 14750
court as provided in Section 75-35-15. Judicial review of any such 14751
order shall be upon the record made before the commissioner upon 14752
which the determination and order are based. 14753
SECTION 161. Section 81-3-5, Mississippi Code of 1972, is 14754
brought forward as follows: 14755
81-3-5. Five or more persons of full age and of good moral 14756
and sound business character may organize themselves into a 14757
banking corporation. Banking corporations may be created for the 14758
purpose of conducting and carrying on a bank and trust company 14759
business, such trust company business to be limited as herein 14760
provided, and to establish offices of loan and deposit to be known 14761
as savings banks, or to establish banks having departments for 14762
carrying on all of the above classes of business; and said banking 14763
corporations may, under the provisions of the banking laws of 14764
Mississippi, establish branch banks and branch offices within 14765
territorial limitations as hereinafter provided in Chapter 7 of 14766
this title. No private individual, or partnership, or association 14767
of persons other than a corporation shall be allowed to conduct 14768
any type of banking business within this state. 14769
SECTION 162. Section 81-13-1, Mississippi Code of 1972, is 14770
brought forward as follows: 14771
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81-13-1. (1) Any seven (7) persons who are residents of the 14772
State of Mississippi of full age and of good moral and sound 14773
business character eligible under this chapter to become members 14774
of a credit union may prepare in duplicate articles of association 14775
and incorporation, and sign the same and cause the same to be 14776
acknowledged by one (1) of the signers before an officer competent 14777
to take acknowledgments to the effect that the same has been 14778
signed and executed by all of the signers. Before any credit 14779
union may be organized and formed, the prospective incorporators 14780
shall give notice to the Department of Banking and Consumer 14781
Finance by petition to the Commissioner of Banking and Consumer 14782
Finance of their desire to engage in business as a credit union 14783
and shall at the time file with the commissioner two (2) copies of 14784
the proposed articles of incorporation, duly sworn to by one (1) 14785
of the prospective incorporators. 14786
(2) Upon receipt of a petition for a certificate of 14787
incorporation to form a credit union and such additional 14788
information as may be required by the commissioner, the 14789
commissioner shall promptly give consideration to the petition and 14790
make an examination of the proposed articles of incorporation to 14791
determine if they meet all requirements of the law. The 14792
commissioner shall then make an investigation to determine that 14793
the prerequisites of this chapter have been complied with and 14794
that: 14795
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(a) The character, responsibility and general fitness 14796
of the persons named in the petition are such as to command 14797
confidence and warrant belief that the business of the proposed 14798
credit union will be honestly and efficiently conducted in 14799
accordance with the intent and purpose of this chapter and that 14800
the proposed credit union will have qualified management; 14801
(b) There is need for the proposed credit union to 14802
serve the proposed field of membership, which shall be specific in 14803
detail; and 14804
(c) The anticipated volume and type of business and 14805
field of membership of the proposed credit union is such as to 14806
indicate profitable operation within a reasonable time. 14807
When the commissioner has completed the examination and made 14808
his investigation, he shall record his preliminary findings and 14809
recommendations in writing. 14810
(3) The commissioner shall consider the findings and shall 14811
hear such oral testimony as he may wish, and may also receive 14812
information and hear testimony bearing upon the approval of the 14813
organization and operation of the new credit union. When the 14814
commissioner has completed the examination and investigation, the 14815
commissioner shall record the findings in writing and render a 14816
decision as to whether or not said credit union should be 14817
authorized to do business. If the decision is favorable, the 14818
incorporators shall then present one (1) of said copies of the 14819
articles of association and incorporation, with a recording fee of 14820
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Ten Dollars ($10.00) to the Secretary of State of the State of 14821
Mississippi who shall receive and file the same, whereupon said 14822
persons entering into said articles shall be and become an 14823
incorporated credit union association under the laws of the State 14824
of Mississippi, without individual liability for debts, obligation 14825
or other liabilities of said association, in excess of such 14826
membership fees as remain due and unpaid by said members, 14827
respectively, and may sue and be sued in the name of said 14828
association. The Secretary of State shall record the said 14829
articles in his office and return the original so recorded to said 14830
association. The association shall file articles for record in 14831
the office of the clerk of the chancery court in the county where 14832
the principal place of business is located. 14833
(4) If the commissioner shall deny the application for such 14834
charter, he shall notify the applicant in writing of such denial 14835
and shall include in such notification the reason or reasons for 14836
such denial. When any application for a charter is denied, the 14837
applicant shall have the right to a hearing thereon by and before 14838
the commissioner by filing, within thirty (30) days after the date 14839
of the receipt of the notification of denial, a written petition 14840
with the commissioner requesting such hearing. Upon the filing of 14841
any such request, the commissioner shall fix a date for the 14842
hearing, which date shall not be later than thirty (30) days from 14843
the date of the filing of the request, and notice shall be given 14844
to the public of the fact that such hearing will be held by the 14845
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publication of a notice in some newspaper published in the county 14846
where the business is proposed to be conducted not less than ten 14847
(10) days before the date of the hearing, which notice shall 14848
specify the date, time, place and purpose of the hearing, said 14849
hearing to be in the office of the commissioner in Jackson, 14850
Mississippi. If there is no newspaper published in the county 14851
where the business is proposed to be conducted, such notice shall 14852
be placed in a newspaper having general circulation in such 14853
county. 14854
(5) All such hearings shall be held and conducted in the 14855
office of the commissioner, and the applicant and any and all 14856
other interested persons may appear and present such evidence as 14857
shall be relevant and material and the commissioner may cause the 14858
production and presentation of such evidence as deemed relevant 14859
and material. At all such hearings the applicant shall have the 14860
right to be represented by counsel and to examine and 14861
cross-examine any and all witnesses that may testify at such 14862
hearing. For the purpose of compelling the attendance of 14863
witnesses at such hearing the commissioner shall have the power to 14864
issue subpoenas therefor in the same manner as subpoenas are 14865
issued in circuit courts. All witnesses who shall testify at any 14866
such hearing shall be sworn in the same manner as witnesses are 14867
sworn in the circuit courts and shall be subject to penalties for 14868
perjury as is otherwise provided under the laws of this state. 14869
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(6) At all such hearings the commissioner shall cause the 14870
evidence presented to be taken down and a record made thereof and 14871
the commissioner shall make a written finding and decision with 14872
reference to the question presented and shall cause same to be 14873
included in the record. The original of said record shall be kept 14874
as a permanent record by the commissioner and a copy thereof shall 14875
be furnished to the applicant. If the application for the charter 14876
shall be denied as a result of such hearing, the applicant may 14877
obtain a review of such denial by filing a petition for the review 14878
of such denial within thirty (30) days from the date of such 14879
denial to the circuit court of the county in which it is sought to 14880
organize such credit union. The review by said court shall be on 14881
the record made before the commissioner and copies of all 14882
applications, bonds and other papers and documents of every kind 14883
filed with the commissioner in connection with the application and 14884
said hearing shall be included in said record along with the 14885
transcript of the evidence. 14886
(7) The corporate existence of an association shall begin on 14887
the date the certificate of incorporation is issued to the credit 14888
union, and such existence shall be perpetual unless terminated in 14889
accordance with the provisions of this chapter. 14890
(8) At any time the commissioner determines that a credit 14891
union ceases to offer normal credit union services to its members 14892
as a result of a merger, voluntary liquidation, involuntary 14893
liquidation or any other cause, the commissioner shall be 14894
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authorized to pay the required fee to record the cancellation of 14895
the charter of the credit union in the county where originally 14896
recorded and in the Secretary of State's office. 14897
SECTION 163. Section 81-25-107, Mississippi Code of 1972, is 14898
brought forward as follows: 14899
81-25-107. (1) A foreign bank making an application under 14900
this chapter for a license to establish and maintain a Mississippi 14901
state branch or Mississippi state agency shall deliver to the 14902
commissioner: 14903
(a) At least two (2) (or more as the commissioner may 14904
require by regulation) duplicate originals of the foreign bank's 14905
application; and 14906
(b) At least two (2) (or more as the commissioner may 14907
require by regulation) copies of its charter or articles of 14908
incorporation and all amendments thereto, duly authenticated by 14909
the proper officer of the country of such foreign bank's 14910
organization. 14911
(2) The commissioner shall issue a license to a foreign bank 14912
to establish and maintain a Mississippi state branch or 14913
Mississippi state agency if he or she finds that: 14914
(a) The foreign bank is of good character and sound 14915
financial standing; 14916
(b) The management of the foreign bank and the proposed 14917
management of the Mississippi state branch or Mississippi state 14918
agency are adequate; 14919
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(c) The convenience and needs of persons to be served 14920
by the proposed Mississippi state branch or Mississippi state 14921
agency will be promoted; and 14922
(d) The foreign bank satisfies such other standards as 14923
the commissioner may establish by regulation. 14924
(3) If the commissioner determines to issue a license to a 14925
foreign bank to establish and maintain a Mississippi state branch 14926
or Mississippi state agency, he or she shall, when all fees have 14927
been paid as required under this chapter: 14928
(a) Endorse on each document filed as part of the 14929
application the word "Filed," and the date of the filing thereof 14930
and return to the foreign bank a copy of each document so 14931
endorsed; 14932
(b) File in his or her office one (1) of such duplicate 14933
originals of the application and copies of the charter or articles 14934
of incorporation and amendments thereto; and 14935
(c) Issue a license to establish and maintain a 14936
Mississippi state branch or Mississippi state agency to such 14937
foreign bank. 14938
(4) Each license issued to a foreign bank to establish and 14939
maintain a Mississippi state branch or Mississippi state agency 14940
shall state fully the name of the foreign bank to which such 14941
license is issued, and all such other information as the 14942
commissioner may require by regulation or order. 14943
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(5) The commissioner may, by regulation or order, prescribe 14944
abbreviated application procedures and standards applicable to 14945
applications by foreign banks that have already established an 14946
initial Mississippi state branch or agency, subsequently to 14947
establish additional intrastate Mississippi state branches or 14948
agencies, as the case may be. 14949
SECTION 164. Section 81-25-123, Mississippi Code of 1972, is 14950
brought forward as follows: 14951
81-25-123. (1) A foreign bank making an application for a 14952
license to establish and maintain a Mississippi representative 14953
office shall deliver to the commissioner two (2) (or more as the 14954
commissioner may require by regulation) duplicate originals of the 14955
foreign bank’s application. 14956
(2) The commissioner shall issue a license to a foreign bank 14957
to establish and maintain a Mississippi representative office if 14958
he or she finds that: 14959
(a) The foreign bank is of good character and sound 14960
financial standing; 14961
(b) The management of the foreign banks and the 14962
proposed management of the Mississippi representative office are 14963
adequate; and 14964
(c) The convenience and needs of persons to be served 14965
by the proposed Mississippi representative office will be 14966
promoted. 14967
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(3) If the commissioner determines to issue a license to a 14968
foreign bank to establish and maintain a Mississippi 14969
representative office, he or she shall, when all fees have been 14970
paid as required under this chapter: 14971
(a) Endorse on each duplicate original of the 14972
application the word "Filed," and the date of the filing thereof 14973
and return to the foreign bank one (1) such duplicate original so 14974
endorsed; 14975
(b) File in his or her office one (1) of such duplicate 14976
originals of the application; and 14977
(c) Issue a license to establish and maintain a 14978
Mississippi representative office to such foreign bank. 14979
(4) Each license issued to a foreign bank to establish and 14980
maintain a Mississippi representative office shall state fully the 14981
name of the foreign bank to which such license is issued, the 14982
address or addresses at which such Mississippi representative 14983
office is to be located and all such other information as the 14984
commissioner may require by regulation. 14985
SECTION 165. Section 83-1-191, Mississippi Code of 1972, is 14986
brought forward as follows: 14987
83-1-191. (1) There is established within the Department of 14988
Insurance a Comprehensive Hurricane Damage Mitigation Program. 14989
This section does not create an entitlement for property owners or 14990
obligate the state in any way to fund the inspection or 14991
retrofitting of residential property or commercial property in 14992
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this state. Implementation of this program is subject to the 14993
availability of funds that may be appropriated by the Legislature 14994
for this purpose. The program may develop and implement a 14995
comprehensive and coordinated approach for hurricane damage 14996
mitigation that may include the following: 14997
(a) Cost-benefit study on wind hazard mitigation 14998
construction measures. The performance of a cost-benefit study to 14999
establish the most appropriate wind hazard mitigation construction 15000
measures for both new construction and the retrofitting of 15001
existing construction for both residential and commercial 15002
facilities within the wind-borne debris regions of Mississippi as 15003
defined by the International Building Code. The recommended wind 15004
construction techniques shall be based on both the newly adopted 15005
Mississippi building code sections for wind load design and the 15006
wind-borne debris region. The list of construction measures to be 15007
considered for evaluation in the cost-benefit study shall be based 15008
on scientifically established and sound, but common, construction 15009
techniques that go above and beyond the basic recommendations in 15010
the adopted building codes. This allows residents to utilize 15011
multiple options that will further reduce risk and loss and still 15012
be awarded for their endeavors with appropriate wind insurance 15013
discounts. It is recommended that existing accepted scientific 15014
studies that validate the wind hazard construction techniques 15015
benefits and effects be taken into consideration when establishing 15016
the list of construction techniques that homeowners and business 15017
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owners can employ. This will ensure that only established 15018
construction measures that have been studied and modeled as 15019
successful mitigation measures will be considered to reduce the 15020
chance of including risky or unsound data that will cost both the 15021
property owner and state unnecessary losses. The cost-benefit 15022
study shall be based on actual construction cost data collected 15023
for several types of residential construction and commercial 15024
construction materials, building techniques and designs that are 15025
common to the region. The study shall provide as much information 15026
as possible that will enhance the data and options provided to the 15027
public, so that homeowners and business owners can make informed 15028
and educated decisions as to their level of involvement. Based on 15029
the construction data, modeling shall be performed on a variety of 15030
residential and commercial designs, so that a broad enough 15031
representative spectrum of data can be obtained. The data from 15032
the study will be utilized in a report to establish tables 15033
reflecting actuarially appropriate levels of wind insurance 15034
discounts (in percentages) for each mitigation construction 15035
technique/combination of techniques. This report will be utilized 15036
as a guide for the Department of Insurance and the insurance 15037
industry for developing actuarially appropriate discounts, credits 15038
or other rate differentials, or appropriate reductions in 15039
deductibles, for properties on which fixtures or construction 15040
techniques demonstrated to reduce the amount of loss in a 15041
windstorm have been installed or implemented. Additional data 15042
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that will enhance the program, such as studies to reflect property 15043
value increases for retrofitting or building to the established 15044
wind hazard mitigation construction techniques and cost comparison 15045
data collected to establish the value of this program against the 15046
investment required to include the mitigation measures, also may 15047
be provided. 15048
(b) Wind certification and hurricane mitigation 15049
inspections. 15050
(i) Home-retrofit inspections of site-built, 15051
residential property, including single-family, two-family, 15052
three-family or four-family residential units, and a set of 15053
representative commercial facilities may be offered to determine 15054
what mitigation measures are needed and what improvements to 15055
existing residential properties are needed to reduce the 15056
property's vulnerability to hurricane damage. A state program may 15057
be established within the Department of Insurance to provide 15058
homeowners and business owners wind certification and hurricane 15059
mitigation inspections. The inspections provided to homeowners 15060
and business owners, at a minimum, must include: 15061
1. A home inspection and report that 15062
summarizes the results and identifies corrective actions a 15063
homeowner may take to mitigate hurricane damage. 15064
2. A range of cost estimates regarding the 15065
mitigation features. 15066
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3. Insurer-specific information regarding 15067
premium discounts correlated to recommended mitigation features 15068
identified by the inspection. 15069
4. A hurricane resistance rating scale 15070
specifying the home's current as well as projected wind resistance 15071
capabilities. 15072
This data may be provided by trained and certified inspectors 15073
in standardized reporting formats and forms to ensure all data 15074
collected during inspections is equivalent in style and content 15075
that allows construction data, estimates and discount information 15076
to be easily assimilated into a database. Data pertaining to the 15077
number of inspections and inspection reports may be stored in a 15078
state database for evaluation of the program's success and review 15079
of state goals in reducing wind hazard loss in the state. 15080
(ii) To qualify for selection by the department as 15081
a provider of wind certification and hurricane mitigation 15082
inspections services, the entity shall, at a minimum, and on a 15083
form and in the manner prescribed by the commissioner: 15084
1. Use wind certification and hurricane 15085
mitigation inspectors who: 15086
a. Have prior experience in residential 15087
and/or commercial construction or inspection and have received 15088
specialized training in hurricane mitigation procedures through 15089
the state certified program. In order to qualify for training in 15090
the inspection process, the individual should be either a licensed 15091
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building code official, a licensed contractor or inspector in the 15092
State of Mississippi, or a civil engineer. 15093
b. Have undergone drug testing and 15094
background checks. 15095
c. Have been certified through a state 15096
mandated training program, in a manner satisfactory to the 15097
department, to conduct the inspections. 15098
d. Have not been convicted of a felony 15099
crime of violence or of a sexual offense; have not received a 15100
first-time offender pardon or nonadjudication order for a felony 15101
crime of violence or of a sexual offense; or have not entered a 15102
plea of guilty or nolo contendere to a felony charge of violence 15103
or of a sexual offense. 15104
e. Submit a statement authorizing the 15105
Commissioner of Insurance to order fingerprint analysis or any 15106
other analysis or documents deemed necessary by the commissioner 15107
for the purpose of verifying the criminal history of the 15108
individual. The commissioner shall have the authority to conduct 15109
criminal history verification on a local, state or national level, 15110
and shall have the authority to require the individual to pay for 15111
the costs of such criminal history verification. 15112
2. Provide a quality assurance program 15113
including a reinspection component. 15114
3. Have data collection equipment and 15115
computer systems, so that data can be submitted electronically to 15116
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the state's database of inspection reports, insurance 15117
certificates, and other industry information related to this 15118
program. It is mandatory that all inspectors provide original 15119
copies to the property owner of any inspection reports, estimates, 15120
etc., pertaining to the inspection and keep a copy of all 15121
inspection materials on hand for state audits. 15122
(c) Financial grants to retrofit properties. Financial 15123
grants may be used to encourage single-family, site-built, 15124
owner-occupied, residential property owners or commercial property 15125
owners to retrofit their properties to make them less vulnerable 15126
to hurricane damage. No financial grant made under this section 15127
shall exceed Ten Thousand Dollars ($10,000.00) per recipient. 15128
(d) Education and consumer awareness. Multimedia 15129
public education, awareness and advertising efforts designed to 15130
specifically address mitigation techniques may be employed, as 15131
well as a component to support ongoing consumer resources and 15132
referral services. In addition, all insurance companies shall 15133
provide notification to their clients regarding the availability 15134
of this program, participation details, and directions to the 15135
state website promoting the program, along with appropriate 15136
contact phone numbers to the state agency administrating the 15137
program. The notification to the clients must be sent by the 15138
insurance company within thirty (30) days after filing their 15139
insurance discount schedules with the Department of Insurance. 15140
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(e) Advisory council. There is created an advisory 15141
council to provide advice and assistance to the program 15142
administrator with regard to his or her administration of the 15143
program. The advisory council shall consist of: 15144
(i) An agent, selected by the Independent 15145
Insurance Agents of Mississippi. 15146
(ii) Two (2) representatives of residential 15147
property insurers, selected by the Department of Insurance. 15148
(iii) One (1) representative of homebuilders, 15149
selected by the Home Builders Association of Mississippi. 15150
(iv) The Chairman of the House Insurance 15151
Committee, or his designee. 15152
(v) The Chairman of the Senate Insurance 15153
Committee, or his designee. 15154
(vi) The Executive Director of the Mississippi 15155
Windstorm Underwriting Association, or his designee. 15156
(vii) The Director of the Mississippi Emergency 15157
Management Agency, or his designee. 15158
Members appointed under subparagraphs (i) and (ii) shall 15159
serve at the pleasure of the Department of Insurance. All other 15160
members shall serve as voting ex officio members. Members of the 15161
advisory council who are not legislators, state officials or state 15162
employees shall be compensated at the per diem rate authorized by 15163
Section 25-3-69, and shall be reimbursed in accordance with 15164
Section 25-3-41, for mileage and actual expenses incurred in the 15165
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performance of their duties. Legislative members of the advisory 15166
council shall be paid from the contingent expense funds of their 15167
respective houses in the same manner as provided for committee 15168
meetings when the Legislature is not in session; however, no per 15169
diem or expense for attending meetings of the advisory council may 15170
be paid while the Legislature is in session. No advisory council 15171
member may incur per diem, travel or other expenses unless 15172
previously authorized by vote, at a meeting of the council, which 15173
action shall be recorded in the official minutes of the meeting. 15174
Nonlegislative members shall be paid from any funds made available 15175
to the advisory council for that purpose. 15176
(f) Rules and regulations. The Department of Insurance 15177
may adopt rules and regulations governing the Comprehensive 15178
Hurricane Damage Mitigation Program. The department also may 15179
adopt rules and regulations establishing priorities for grants 15180
provided under this section based on objective criteria that gives 15181
priority to reducing the state's probable maximum loss from 15182
hurricanes. However, pursuant to this overall goal, the 15183
department may further establish priorities based on the insured 15184
value of the dwelling, whether or not the dwelling is insured by 15185
the Mississippi Windstorm Underwriting Association and whether or 15186
not the area under consideration has sufficient resources and the 15187
ability to perform the retrofitting required. 15188
(2) Nothing in this section shall prohibit the Department of 15189
Insurance from entering into an agreement with any other 15190
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appropriate state agency to assist with or perform any of the 15191
duties set forth hereunder. 15192
(3) The Department of Insurance shall issue a request for 15193
proposals to contract with a third party for the administration of 15194
the Comprehensive Hurricane Damage Mitigation Program. The 15195
contract for the third-party administrator shall be funded from 15196
monies in the Comprehensive Hurricane Damage Mitigation Program 15197
Fund created in subsection (4) of this section, and that amount 15198
shall not exceed one percent (1%) of the funds appropriated to the 15199
Department of Insurance for the program. If the third-party 15200
administrator selected through the request for proposals is 15201
replaced or is otherwise changed, the Department of Insurance 15202
shall notify the Chairs of the House and Senate Appropriations and 15203
Insurance Committees. 15204
(4) There is created a special fund in the State Treasury to 15205
be known as the Comprehensive Hurricane Damage Mitigation Program 15206
Fund. The fund shall consist of any monies from any source that 15207
are designated or made available for deposit into the fund. The 15208
Department of Insurance may apply for any federal or private 15209
grants to provide additional funds for the special fund. Monies 15210
in the fund shall be expended by the Department of Insurance, upon 15211
appropriation by the Legislature, for the purposes as provided in 15212
this section. Unexpended amounts remaining in the fund at the end 15213
of a fiscal year shall not lapse into the State General Fund, and 15214
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any interest earned or investment earnings on amounts in the fund 15215
shall be deposited into such fund. 15216
(5) This section shall stand repealed from and after July 1, 15217
2028. 15218
SECTION 166. Section 83-11-225, Mississippi Code of 1972, is 15219
brought forward as follows: 15220
83-11-225. The commissioner may revoke, suspend, or refuse 15221
to continue the certificate of authority of an automobile club 15222
whenever, after a hearing and for cause shown, he determines that 15223
any of the following circumstances exist: 15224
(a) The club has violated any provision of this 15225
article; 15226
(b) It is found by the commissioner to be in such 15227
financial condition that its further transaction of automobile 15228
club service in this state would be hazardous to its members and 15229
the automobile club service-buying public in this state, or that 15230
it is insolvent; 15231
(c) It refuses to remove, discharge, or terminate its 15232
relationship with a director or officer who has been convicted of 15233
any crime involving fraud, dishonesty, or like moral turpitude; 15234
(d) It customarily or in the regular course of business 15235
compels claimants under its service contracts either to accept 15236
less than the amount due them or fewer services, or to bring suit 15237
against it to secure full payment of the amount of all services 15238
due; 15239
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(e) It conducts its business outside this state in such 15240
manner as unjustly to discriminate against or prejudice the 15241
interests of the people of this state; 15242
(f) It is affiliated with and is under the same general 15243
management or interlocking directorate or ownership as another 15244
automobile club which transacts business in this state which does 15245
not have a certificate of authority therefor; 15246
(g) It exceeds its charter powers of its certificate of 15247
authority; 15248
(h) It refuses to be examined, or if its directors, 15249
managing officers, employees, or representatives refuse to submit 15250
to examination by the commissioner when required by him, or 15251
refuses to perform any legal obligation relative to the 15252
examination, the time and place of the examination to be specified 15253
by the commissioner. 15254
SECTION 167. Section 83-11-239, Mississippi Code of 1972, is 15255
brought forward as follows: 15256
83-11-239. The commissioner may suspend, revoke, or refuse 15257
to renew any club agent’s registration for any of the following 15258
causes: 15259
(a) If the club agent violated any of the provisions or 15260
requirements of this article; 15261
(b) If the club agent has misappropriated, converted to 15262
his own use, or has illegally withheld monies required to be held 15263
in the fiduciary capacity; 15264
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(c) If the club agent has materially misrepresented the 15265
terms or effect of any contract or has engaged in any fraudulent 15266
transaction; 15267
(d) If in the conduct of his affairs he has shown 15268
himself to be incompetent, untrustworthy, or a source of injury 15269
and loss to the automobile club service-buying public; 15270
(e) If the club agent has been convicted after 15271
registration of a crime involving moral turpitude. 15272
SECTION 168. Section 99-19-35, Mississippi Code of 1972, is 15273
brought forward as follows: 15274
99-19-35. A person convicted of bribery, burglary, theft, 15275
arson, obtaining money or goods under false pretenses, perjury, 15276
forgery, embezzlement, or bigamy, shall not be allowed to practice 15277
medicine or dentistry, or be appointed to hold or perform the 15278
duties of any office of profit, trust, or honor, unless after full 15279
pardon for the same. 15280
SECTION 169. This act shall take effect and be in force from 15281
and after July 1, 2026. 15282