Fresh Start Act; revise.

S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~ G1/2
26/SS26/R1039
PAGE 1 (aa\kr)

To: Economic and Workforce
Development
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2771

AN ACT TO AMEND SECTIONS 73-77-1, 73-77-3, 73-77-5, 73-77-7 1
AND 73-77-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FRESH START 2
ACT; TO PROVIDE THAT THE FRESH START ACT SHALL SUPERSEDE ANY OTHER 3
PROVISION OF LAW TO THE CONTRARY; TO MAKE TECHNICAL, 4
NONSUBSTANTIVE CHANGES; TO AMEND SECTIONS 19-5-353, 45-4-9, 5
45-6-11, 73-1-13, 73-3-339, 73-9-61, 73-11-57, 73-14-35, 73-15-29, 6
73-19-23, 73-21-97, 73-25-29, 73-27-13, 73-29-13, 73-29-31, 7
73-31-21, 73-34-109, 73-39-77, 73-42-9, 73-42-11, 73-53-8, 8
73-55-19, 73-65-13, 73-71-33, 73-73-7, 73-75-19, 75-76-131, 9
83-7-207, 83-39-15, 9-13-109, 21-27-131, 21-27-151, 27-109-5, 10
37-3-2, 41-29-303, 51-5-3, 67-1-57, 67-3-19, 73-2-7, 73-4-17, 11
73-6-13, 73-9-23, 73-11-51, 73-13-23, 73-13-77, 73-15-19, 12
73-15-21, 73-17-9, 73-17-11, 73-19-17, 73-21-85, 73-21-87, 13
73-21-111, 73-23-47, 73-23-51, 73-24-19, 73-24-21, 73-25-3, 14
73-26-3, 73-27-5, 73-27-12, 73-27-16, 73-29-19, 73-30-9, 73-31-13, 15
73-33-1, 73-38-9, 73-39-67, 73-39-71, 73-53-13, 73-54-13, 16
73-63-27, 73-67-21, 73-71-19, 75-27-305, 75-57-49, 75-60-31, 17
75-60-33, 75-76-67, 81-18-9, 83-17-75, 83-39-9, 73-69-7, 73-69-11, 18
75-67-323, 75-67-421, 75-67-509, 75-67-609, 27-115-55, 37-13-89, 19
37-9-17, 37-29-232, 73-3-41, 73-4-25, 73-6-19, 73-7-27, 73-17-15, 20
73-23-59, 73-30-21, 73-38-27, 73-53-17, 73-60-31, 73-67-27, 21
73-75-13, 75-60-19, 75-76-137, 77-8-25, 83-1-191, 83-17-71, 22
83-17-421, 83-17-519, 83-21-19, 83-49-11, 97-33-315 AND 73-66-17 23
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 24
ACT; TO BRING FORWARD SECTION 73-15-201, MISSISSIPPI CODE OF 1972, 25
FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 26
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 27
SECTION 1. Section 73-77-1, Mississippi Code of 1972, is 28
amended as follows: 29
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 2 (aa\kr)

73-77-1. This chapter shall be known and may be cited as the 30
"Fresh Start Act * * *." 31
SECTION 2. Section 73-77-3, Mississippi Code of 1972, is 32
amended as follows: 33
73-77-3. As used in this chapter, the following words and 34
phrases shall have the meanings as defined in this section unless 35
the context clearly indicates otherwise: 36
(a) "Criminal record" * * * means any type of felony or 37
misdemeanor conviction. 38
(b) "Licensing" * * * means any required training, 39
education * * * or fee to work in a specific * * * occupation. 40
(c) "Licensing authority" * * * means an agency, 41
examining board, credentialing board * * * or other * * * entity 42
with the authority to impose occupational fees or licensing 43
requirements on * * * an occupation. 44
(d) "Disqualifying crime" means a crime that directly 45
relates to the duties and responsibilities of an occupation for 46
which a licensing authority has jurisdiction. A crime is not a 47
"disqualifying crime" if a licensing authority has considered the 48
factors of the crime and granted approval of a license under 49
Section 73-77-7(2) and (3). 50
SECTION 3. Section 73-77-5, Mississippi Code of 1972, is 51
amended as follows: 52
73-77-5. * * * (1) Notwithstanding any other provision of 53
law to the contrary, no person shall be disqualified from 54
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 3 (aa\kr)

pursuing, practicing * * * or engaging in any occupation for which 55
a license is required solely or in part because of a prior 56
conviction of a crime, unless the crime for which * * * the person 57
was convicted directly relates to the duties and responsibilities 58
for the licensed occupation. The provisions of this section shall 59
not apply to the admission or reinstatement of any person to The 60
Mississippi Bar as an attorney in good standing authorized to 61
practice law in accordance with Section 73-3-2 et seq. 62
(2) The provisions of this act shall not supersede the 63
provisions of the Nurse Licensure Compact in Section 73-15-201 or 64
any other interstate compact of which Mississippi is a member 65
state. 66
(3) The provisions of this act shall not apply to persons or 67
entities receiving licensure or certification under Section 68
73-34-1 et seq., Section 73-35-1 et seq., or Section 73-60-1 et 69
seq. 70
SECTION 4. Section 73-77-7, Mississippi Code of 1972, is 71
amended as follows: 72
73-77-7. (1) * * * Notwithstanding any other provision of 73
law to the contrary, licensing authorities shall not * * * use 74
vague or generic terms including, but not limited to, "moral 75
turpitude," "any felony * * *" and "good character * * *" * * * 76
when promulgating rules and regulations related to the 77
qualifications for licensure. Notwithstanding any other provision 78
of law to the contrary, when promulgating rules and regulations 79
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 4 (aa\kr)

related to the qualifications for licensure, licensing 80
authorities * * * shall only consider criminal records that are 81
specific and directly related to the duties and 82
responsibilities * * * of the licensed occupation * * *. Anywhere 83
the terms "felony," "moral turpitude" or other such terms are used 84
to provide for the qualification or disqualification of a person 85
for licensure, they shall mean a "disqualifying crime," as 86
provided in the Fresh Start Act. 87
(2) Notwithstanding any other provision of law to the 88
contrary, the licensing authority shall * * * apply the clear and 89
convincing standard of proof * * * when examining the following 90
factors to determine whether * * * a person with a * * * criminal 91
record will be disqualified from receiving a license: 92
(a) The nature and seriousness of the crime for which 93
the * * * person was convicted; 94
(b) The passage of time since the * * * crime was 95
committed; 96
(c) The relationship of the crime to the ability, 97
capacity * * * and fitness required to perform the duties and 98
discharge the responsibilities of the licensed occupation; and 99
(d) Any evidence of rehabilitation or treatment 100
undertaken by the individual that might mitigate against a direct 101
relation. 102
(3) Nothing in this section shall preclude any board, 103
commission or other licensing entity from granting licenses to 104
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 5 (aa\kr)

individuals convicted of disqualifying crimes, after considering 105
the factors listed under subsection (2) of this section. 106
( * * *4) All licensing authorities shall meet the 107
requirements listed in subsection (1) * * * one hundred twenty 108
(120) days after July 1, * * * 2025. 109
( * * *5) * * * The requirements listed in subsections (1) 110
and (2) shall also apply to any new occupational licenses created 111
after July 1, * * * 2025. 112
* * * 113
(6) The provisions of this section shall not apply to the 114
admission or reinstatement of any person to The Mississippi Bar as 115
an attorney in good standing authorized to practice law. 116
(7) The provisions of this act shall not supersede the 117
provisions of the Nurse Licensure Compact in Section 73-15-201 or 118
any other interstate compact of which Mississippi is a member 119
state. 120
(8) The provisions of this act shall not apply to persons or 121
entities receiving licensure or certification under Section 122
73-34-1 et seq., Section 73-35-1 et seq., or Section 73-60-1 et 123
seq. 124
(9) For any board, commission or other licensing entity with 125
an existing procedure for hearings and appeals concerning issuance 126
or denial of a license codified in rules or statute on January 1, 127
2025, those existing procedures for hearings and appeals shall 128
supersede the provisions of this section. 129
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 6 (aa\kr)

SECTION 5. Section 73-77-9, Mississippi Code of 1972, is 130
amended as follows: 131
73-77-9. (1) * * * Notwithstanding any other provision of 132
law to the contrary, * * * a person with a criminal record may 133
petition a licensing authority at any time for a determination of 134
whether the * * * person's criminal record will disqualify * * * 135
that person from obtaining a license. This petition shall include 136
details on the * * * person's criminal record. The licensing 137
authority shall inform the individual of his or her standing 138
within thirty (30) days of receiving the petition from the * * * 139
person. The licensing authority may charge a fee * * * not to 140
exceed Twenty-five Dollars ($25.00) for each petition. 141
(2) If a licensing authority * * * disqualifies a person 142
from receiving a license solely or in part because of the * * * 143
person's criminal record, the licensing authority shall notify 144
the * * * person in writing of the following: 145
(a) The grounds and reasons for * * * disqualification; 146
(b) That the * * * person has the right to a hearing to 147
challenge the licensing authority's decision; 148
(c) The earliest date the person may reapply for a 149
license; and 150
(d) That evidence of rehabilitation may be considered 151
upon reapplication. 152
(3) If * * * a person's criminal * * * record disqualifies a 153
person from receiving a license and the licensing authority 154
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 7 (aa\kr)

determines that the criminal record is directly related to the 155
duties and responsibilities of the licensed occupation, the 156
licensing authority must document its findings in writing 157
sufficient for a reviewing court. 158
(4) In any administrative hearing or civil litigation 159
authorized under this section, the licensing authority shall carry 160
the burden of proof on the question of whether the * * * person's 161
criminal * * * record directly relates to the * * * duties and 162
responsibilities of the licensed occupation. 163
(5) The licensing authority shall * * * promulgate the 164
necessary rules * * * and regulations to implement the provisions 165
of this section. 166
(6) The provisions of this section shall not apply to the 167
admission or reinstatement of any person to The Mississippi Bar as 168
an attorney in good standing authorized to practice law, in 169
accordance with Section 73-3-2 et seq. 170
(7) The provisions of this act shall not supersede the 171
provisions of the Nurse Licensure Compact in Section 73-15-201 or 172
any other interstate compact of which Mississippi is a member 173
state. 174
SECTION 6. Section 19-5-353, Mississippi Code of 1972, is 175
amended as follows: 176
19-5-353. (1) The initial minimum standard of training for 177
local public safety and 911 telecommunicators shall be determined 178
by the Board of Emergency Telecommunications Standards and 179
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 8 (aa\kr)

Training. All courses approved for minimum standards shall be 180
taught by instructors certified by the course originator as 181
instructors for such courses. 182
(2) The minimum standards may be changed at any time by the 183
Board of Emergency Telecommunications Standards and Training, but 184
shall always include at least two (2) hours of training related to 185
handling complaints and/or calls of human trafficking and 186
commercial sexual exploitation of children as defined in Section 187
43-21-105, communicating with such victims and requiring the local 188
public safety and 911 telecommunicators to contact the Department 189
of Child Protection Services when human trafficking or commercial 190
sexual exploitation is suspected. 191
(3) Changes in the minimum standards may be made upon 192
request from any bona fide public safety, emergency medical or 193
fire organization operating within the State of Mississippi. 194
Requests for change shall be in writing submitted to either the 195
State Law Enforcement Training Academy; the State Fire Academy; 196
the Mississippi Chapter of the Associated Public Safety 197
Communications Officers, Incorporated; the Mississippi Chapter of 198
the National Emergency Number Association; the Mississippi State 199
Board of Health, Emergency Medical Services Division; the 200
Mississippi Justice Information Center; the Mississippi Sheriff's 201
Association; the Mississippi Fire Chief's Association; the 202
Mississippi Association of Chiefs of Police; or Mississippians for 203
Emergency Medical Services. 204
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 9 (aa\kr)

(4) The minimum standards in no way are intended to restrict 205
or limit any additional training which any department or agency 206
may wish to employ, or any state or federal required training, but 207
to serve as a basis or foundation for basic training. 208
(5) Persons in the employment of any public safety, fire, 209
911 PSAP or emergency medical agency as a telecommunicator on July 210
1, 1993, shall have three (3) years to be certified in the minimum 211
standards courses provided they have been employed by such agency 212
for a period of more than one (1) year prior to July 1, 1993. 213
(6) Persons having been employed by any public safety, fire, 214
911 PSAP or emergency medical agency as a telecommunicator for 215
less than one (1) year prior to July 1, 1993, shall be required to 216
have completed all the requirements for minimum training 217
standards, as set forth in Sections 19-5-351 through 19-5-361, 218
within one (1) year from July 1, 1993. Persons certified on or 219
before July 1, 1993, in any course or courses chosen shall be 220
given credit for these courses, provided the courses are still 221
current and such persons can provide a course completion 222
certificate. 223
(7) Any person hired to perform the duties of a 224
telecommunicator in any public safety, fire, 911 PSAP or emergency 225
medical agency after July 1, 1993, shall complete the minimum 226
training standards as set forth in Sections 19-5-351 through 227
19-5-361 within twelve (12) months of their employment or within 228
twelve (12) months from the date that the Board of Emergency 229
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 10 (aa\kr)

Telecommunications Standards and Training shall become 230
operational. 231
(8) Professional certificates remain the property of the 232
board, and the board reserves the right to either reprimand the 233
holder of a certificate, suspend a certificate upon conditions 234
imposed by the board, or cancel and recall any certificate when: 235
(a) The certificate was issued by administrative error; 236
(b) The certificate was obtained through 237
misrepresentation or fraud; 238
* * * 239
( * * *c) The holder has been convicted of a * * * 240
disqualifying crime as provided in the Fresh Start Act; or 241
( * * *d) Other due cause as determined by the board. 242
When the board believes there is a reasonable basis for 243
either the reprimand, suspension, cancellation of, or recalling 244
the certification of a telecommunicator, notice and opportunity 245
for a hearing shall be provided. Any telecommunicator aggrieved 246
by the findings and order of the board may file an appeal with the 247
chancery court of the county in which such person is employed from 248
the final order of the board. Any telecommunicator whose 249
certification has been cancelled pursuant to Sections 19-5-351 250
through 19-5-361 may reapply for certification but not sooner than 251
two (2) years after the date on which the order of the board 252
canceling such certification became final. 253
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 11 (aa\kr)

(9) Any state agency, political subdivision or "for-profit" 254
ambulance, security or fire service company that employs a person 255
as a telecommunicator who does not meet the requirements of 256
Sections 19-5-351 through 19-5-361, or that employs a person whose 257
certificate has been suspended or revoked under provisions of 258
Sections 19-5-351 through 19-5-361, is prohibited from paying the 259
salary of such person, and any person violating this subsection 260
shall be personally liable for making such payment. 261
(10) These minimum standards and time limitations shall in 262
no way conflict with other state and federal training as may be 263
required to comply with established laws or regulations. 264
SECTION 7. Section 45-4-9, Mississippi Code of 1972, is 265
amended as follows: 266
45-4-9. (1) (a) After January 1, 2000, no person shall be 267
appointed or employed as a jail officer or a part-time jail 268
officer unless that person has been certified as being qualified 269
under subsection (3) of this section. 270
(b) No person who is required to be certified shall be 271
appointed or employed as a jail officer by any sheriff or police 272
department for a period to exceed two (2) years without being 273
certified. The prohibition against the appointment or employment 274
of a jail officer for a period not to exceed two (2) years may not 275
be nullified by terminating the appointment or employment of such 276
a person before the expiration of the time period and then 277
rehiring the person for another period. Any person who, due to 278
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 12 (aa\kr)

illness or other events beyond his control, as may be determined 279
by the Board on Jail Officer Standards and Training, does not 280
attend the required school or training as scheduled, may serve 281
with full pay and benefits in such a capacity until he can attend 282
the required school or training. 283
(c) No person shall serve as a jail officer in any 284
full-, part-time, reserve or auxiliary capacity during a period 285
when that person's certification has been suspended, cancelled or 286
recalled pursuant to this chapter. 287
(2) Jail officers serving under permanent appointment on 288
January 1, 2000, shall not be required to meet certification 289
requirements of this section as a condition of continued 290
employment; nor shall failure of any such jail officer to fulfill 291
such requirements make that person ineligible for any promotional 292
examination for which that person is otherwise eligible. If any 293
jail officer certified under this chapter leaves his employment 294
and does not become employed as a jail officer within two (2) 295
years from the date of termination of his prior employment, he 296
shall be required to comply with board policy as to rehiring 297
standards in order to be employed as a jail officer. 298
(3) In addition to the other requirements of this section, 299
the Board on Jail Officer Standards and Training, by rules and 300
regulations consistent with other provisions of law, shall fix 301
other qualifications for the employment of jail officers, 302
including education, physical and mental standards, 303
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 13 (aa\kr)

citizenship, * * * experience and such other matters as relate to 304
the competence and reliability of persons to assume and discharge 305
the responsibilities of jail officers, and the board shall 306
prescribe the means for presenting evidence of fulfillment of 307
these requirements. Additionally, the board shall fix 308
qualifications for the appointment or employment of part-time jail 309
officers to essentially the same standards and requirements as 310
jail officers. The board shall develop and implement a part-time 311
jail officer training program that meets the same performance 312
objectives and has essentially the same or similar content as the 313
programs approved by the board for full-time jail officers. 314
(4) (a) The Board on Jail Officer Standards and Training 315
shall issue a certificate evidencing satisfaction of the 316
requirements of subsections (1) and (3) of this section to any 317
applicant who presents such evidence as may be required by its 318
rules and regulations of satisfactory completion of a program or 319
course of instruction in another jurisdiction equivalent in 320
content and quality to that required by the board for approved 321
jail officer education and training programs in this state. 322
(b) The Board on Jail Officer Standards and Training 323
shall issue a certificate to any person who successfully completes 324
the Mississippi Department of Corrections' training program for 325
correctional officers of regional jails. 326
(c) The Board on Jail Officer Standards and Training 327
shall develop and train persons seeking certification as a 328
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 14 (aa\kr)

correctional officer in the prevention of racial profiling. The 329
provisions of this paragraph shall apply to all recruits who begin 330
training on or after January 1, 2005. 331
(5) Professional certificates remain the property of the 332
board, and the board reserves the right to either reprimand the 333
holder of a certificate, suspend a certificate upon conditions 334
imposed by the board, or cancel and recall any certificate when: 335
(a) The certificate was issued by administrative error; 336
(b) The certificate was obtained through 337
misrepresentation or fraud; 338
* * * 339
( * * *c) The holder has been convicted of a * * * 340
disqualifying crime as provided in the Fresh Start Act; or 341
( * * *d) Other due cause as determined by the board. 342
(6) When the board believes there is a reasonable basis for 343
either the reprimand, suspension, cancellation of, or recalling 344
the certification of a jail officer, notice and opportunity for a 345
hearing shall be provided in accordance with law prior to such 346
reprimand, suspension or revocation. 347
(7) Any jail officer aggrieved by the final findings and 348
order of the board may file an appeal with the chancery court of 349
the county in which the person is employed. The appeal must be 350
filed within thirty (30) days of the final order. 351
(8) Any jail officer whose certification has been cancelled 352
may reapply for certification, but not sooner than two (2) years 353
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 15 (aa\kr)

after the date on which the order canceling the certification 354
becomes final. 355
SECTION 8. Section 45-6-11, Mississippi Code of 1972, is 356
amended as follows: 357
45-6-11. (1) Law enforcement officers already serving under 358
permanent appointment on July 1, 1981, and personnel of the 359
Division of Community Services under Section 47-7-9 serving on 360
July 1, 1994, shall not be required to meet any requirement of 361
subsections (3) and (4) of this section as a condition of 362
continued employment; nor shall failure of any such law 363
enforcement officer to fulfill such requirements make that person 364
ineligible for any promotional examination for which that person 365
is otherwise eligible. Provided, however, if any law enforcement 366
officer certified under the provisions of this chapter leaves his 367
or her employment as such and does not become employed as a law 368
enforcement officer within two (2) years from the date of 369
termination of his or her prior employment, he or she shall be 370
required to comply with board policy as to rehiring standards in 371
order to be employed as a law enforcement officer; except, that, 372
if any law enforcement officer certified under this chapter leaves 373
his or her employment as such to serve as a sheriff, he or she may 374
be employed as a law enforcement officer after he or she has 375
completed his or her service as a sheriff without being required 376
to comply with board policy as to rehiring standards. Part-time 377
law enforcement officers serving on or before July 1, 1998, shall 378
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 16 (aa\kr)

have until July 1, 2001, to obtain certification as a part-time 379
officer. 380
(2) (a) Any person who has twenty (20) years of law 381
enforcement experience and who is eligible to be certified under 382
this section shall be eligible for recertification after leaving 383
law enforcement on the same basis as someone who has taken the 384
basic training course. Application to the board to qualify under 385
this paragraph shall be made no later than June 30, 1993. 386
(b) Any person who has twenty-five (25) years of law 387
enforcement experience, whether as a part-time, full-time, reserve 388
or auxiliary officer, and who has received certification as a 389
part-time officer, may be certified as a law enforcement officer 390
as defined in Section 45-6-3(c) without having to meet further 391
requirements. Application to the board to qualify under this 392
paragraph shall be made no later than June 30, 2009. 393
(3) (a) No person shall be appointed or employed as a law 394
enforcement officer or a part-time law enforcement officer unless 395
that person has been certified as being qualified under the 396
provisions of subsection (4) of this section. 397
(b) No person shall be appointed or employed as a law 398
enforcement trainee in a full-time capacity by any law enforcement 399
unit for a period to exceed one (1) year. No person shall be 400
appointed or employed as a law enforcement trainee in a part-time, 401
reserve or auxiliary capacity by any law enforcement unit for a 402
period to exceed two (2) years. The prohibition against the 403
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 17 (aa\kr)

appointment or employment of a law enforcement trainee in a 404
full-time capacity for a period not to exceed one (1) year or a 405
part-time, reserve or auxiliary capacity for a period not to 406
exceed two (2) years may not be nullified by terminating the 407
appointment or employment of such a person before the expiration 408
of the time period and then rehiring the person for another 409
period. Any person, who, due to illness or other events beyond 410
his control, could not attend the required school or training as 411
scheduled, may serve with full pay and benefits in such a capacity 412
until he can attend the required school or training. 413
(c) No person shall serve as a law enforcement officer 414
in any full-time, part-time, reserve or auxiliary capacity during 415
a period when that person's certification has been suspended, 416
cancelled or recalled pursuant to the provisions of this chapter. 417
(4) In addition to the requirements of subsections (3), (7) 418
and (8) of this section, the board, by rules and regulations 419
consistent with other provisions of law, shall fix other 420
qualifications for the employment of law enforcement officers, 421
including minimum age, education, physical and mental standards, 422
citizenship, * * * experience and such other matters as relate to 423
the competence and reliability of persons to assume and discharge 424
the responsibilities of law enforcement officers, and the board 425
shall prescribe the means for presenting evidence of fulfillment 426
of these requirements. Additionally, the board shall fix 427
qualifications for the appointment or employment of part-time law 428
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 18 (aa\kr)

enforcement officers to essentially the same standards and 429
requirements as law enforcement officers. The board shall develop 430
and implement a part-time law enforcement officer training program 431
that meets the same performance objectives and has essentially the 432
same or similar content as the programs approved by the board for 433
full-time law enforcement officers and the board shall provide 434
that such training shall be available locally and held at times 435
convenient to the persons required to receive such training. 436
(5) Any elected sheriff, constable, deputy or chief of 437
police may apply for certification. Such certification shall be 438
granted at the request of the elected official after providing 439
evidence of satisfaction of the requirements of subsections (3) 440
and (4) of this section. Certification granted to such elected 441
officials shall be granted under the same standards and conditions 442
as established by law enforcement officers and shall be subject to 443
recall as in subsection (7) of this section. 444
(6) The board shall issue a certificate evidencing 445
satisfaction of the requirements of subsections (3) and (4) of 446
this section to any applicant who presents such evidence as may be 447
required by its rules and regulations of satisfactory completion 448
of a program or course of instruction in another jurisdiction or 449
military training equivalent in content and quality to that 450
required by the board for approved law enforcement officer 451
education and training programs in this state, and has 452
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 19 (aa\kr)

satisfactorily passed any and all diagnostic testing and 453
evaluation as required by the board to ensure competency. 454
(7) Professional certificates remain the property of the 455
board, and the board reserves the right to either reprimand the 456
holder of a certificate, suspend a certificate upon conditions 457
imposed by the board, or cancel and recall any certificate when: 458
(a) The certificate was issued by administrative error; 459
(b) The certificate was obtained through 460
misrepresentation or fraud; 461
* * * 462
( * * *c) The holder has been convicted of a * * * 463
disqualifying crime as provided in the Fresh Start Act; 464
( * * *d) The holder has committed an act of 465
malfeasance or has been dismissed from his employing law 466
enforcement agency; or 467
( * * *e) Other due cause as determined by the board. 468
(8) When the board believes there is a reasonable basis for 469
either the reprimand, suspension, cancellation of, or recalling 470
the certification of a law enforcement officer or a part-time law 471
enforcement officer, notice and opportunity for a hearing shall be 472
provided in accordance with law prior to such reprimand, 473
suspension or revocation. 474
(9) Any full- or part-time law enforcement officer aggrieved 475
by the findings and order of the board may file an appeal with the 476
chancery court of the county in which such person is employed from 477
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 20 (aa\kr)

the final order of the board. Such appeals must be filed within 478
thirty (30) days of the final order of the board. 479
(10) Any full- or part-time law enforcement officer whose 480
certification has been cancelled pursuant to this chapter may 481
reapply for certification, but not sooner than two (2) years after 482
the date on which the order of the board cancelling such 483
certification becomes final. 484
(11) (a) Any full- or part-time law enforcement officer, 485
who is certified as required by the provisions under this chapter, 486
and such officer resigns from his or her law enforcement agency, 487
then the agency that the officer has resigned from shall notify 488
the board in writing and by email within seventy-two (72) hours of 489
the officer's resignation. 490
(b) If any full- or part-time law enforcement officer 491
is terminated or resigns due to disciplinary action, the law 492
enforcement agency shall notify the board within seventy-two (72) 493
hours of the termination or resignation, as the case may be, and 494
the agency shall provide in writing and by email to the board, the 495
explanation for the termination or resignation of the officer. 496
The required explanation of such termination or resignation shall 497
be submitted, along with the required notification, within the 498
same seventy-two * * *-hour time frame as required under this 499
subsection. 500
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 21 (aa\kr)

(c) If a law enforcement agency fails to adhere to the 501
reporting requirements of this subsection, as determined by the 502
board, then such agency, during the time of noncompliance: 503
(i) Shall not be eligible for state grants or 504
other subsidiary funding provided by the state; and 505
(ii) Shall not receive reimbursement for 506
continuing education requirements as provided under Section 507
45-6-19. 508
(d) When the board determines that a law enforcement 509
agency failed to adhere to the reporting requirements of this 510
subsection, notice and opportunity for a hearing shall be provided 511
by the board in accordance with law prior to the failure of the 512
reporting. 513
(e) Any law enforcement agency that is aggrieved by any 514
order or ruling made under the provisions of this subsection has 515
the same rights and procedure of appeal as from any other order or 516
ruling of the board. 517
(f) The board is authorized to institute and promulgate 518
all rules necessary for implementing the requirements set out 519
under this subsection (11). 520
SECTION 9. Section 73-1-13, Mississippi Code of 1972, is 521
amended as follows: 522
73-1-13. (1) The board shall adopt rules and regulations 523
for the eligibility, examination and registration of applicants 524
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 22 (aa\kr)

desiring to practice architecture in accordance with this chapter 525
and may amend, modify or repeal such rules and regulations. 526
The board shall receive applications for registration as an 527
architect only on forms prescribed and furnished by the board and 528
upon receipt of such application may approve such applicant, 529
providing such applicant meets the following requirements: 530
(a) The applicant must have a professional degree in 531
architecture from a school or college of architecture on the list 532
of accredited schools of architecture issued by the National 533
Architectural Accrediting Board; 534
(b) The applicant must have been enrolled for a minimum 535
of one (1) year in, and have completed all requirements of, a 536
practical work internship program patterned after the National 537
Council of Architectural Registration Boards intern-architect 538
development program that will be prepared, adopted and approved by 539
the board and must have received from the board a certification by 540
the board that the applicant has met or exceeded the work 541
requirements of the board. The internship work program shall 542
include, but not be limited to, the following subjects: 543
(i) Design and construction documents; 544
(ii) Construction administration; 545
(iii) Office management; and 546
(iv) Related special activities. 547
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 23 (aa\kr)

(c) The applicant must have passed the applicable 548
National Council of Architectural Registration Board's 549
examination; 550
(d) The applicant must have satisfied the board as to 551
the applicant's good standing in the profession * * *. Any of the 552
following acts shall preclude an applicant's eligibility as a 553
candidate for registration: 554
(i) Conviction by any court for commission of 555
any * * * disqualifying crime as provided in the Fresh Start Act; 556
(ii) Conviction by any court of a misdemeanor 557
involving fraud, deceit or misrepresentation; 558
(iii) Misstatement or misrepresentation of fact by 559
the applicant in connection with the applicant's application for 560
registration in this state or another jurisdiction; 561
(iv) Violation of any of the rules of conduct 562
required of applicants or architects as adopted by board; 563
(v) Practicing architecture, or holding himself 564
out as capable of practicing architecture, in this state in 565
violation of the chapter. 566
The board may admit an applicant otherwise precluded from 567
consideration because of the prohibitions imposed in this 568
paragraph (d) if the board determines that the applicant has shown 569
clear and convincing evidence of rehabilitation and reform. Such 570
decision is in the sole discretion of the board and upon such 571
terms, conditions and evidence as the board may require. 572
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 24 (aa\kr)

Additionally, notwithstanding the provisions of paragraph (b) 573
of this subsection, if the applicant can provide sufficient and 574
satisfactory evidence that he is unable to obtain the 575
intern-architect development program certification, the board may 576
accept in lieu thereof certification by the applicant that he has 577
completed not less than three (3) continuous years of actual 578
engagement in architectural work in the office or offices of a 579
licensed architect or architects. Such certification shall be on 580
such terms, conditions and requirements as the board may 581
establish. 582
(2) The board may require that the applicant appear before 583
the board for a personal interview. 584
SECTION 10. Section 73-3-339, Mississippi Code of 1972, is 585
amended as follows: 586
73-3-339. Whenever any attorney subject to the disciplinary 587
jurisdiction of the court shall be convicted in any state court or 588
in any federal court, or enter a plea of guilty or a plea of nolo 589
contendere therein, of any * * * disqualifying crime as provided 590
in the Fresh Start Act or any violation of the United States 591
Internal Revenue Code, or of any offense involving fraud, 592
dishonesty, misrepresentation, deceit, or failure to account for 593
money or property of a client, * * * a certified copy of the 594
judgment of conviction shall be presented to the court by the 595
Board of Commissioners. Upon the presentation of such certified 596
copy of judgment, the court shall forthwith strike the name of the 597
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 25 (aa\kr)

attorney so convicted or who entered such a plea from the rolls of 598
The Mississippi Bar and order his immediate suspension from 599
practice, pending an appeal and final disposition of disciplinary 600
proceedings. Such attorney will be reinstated immediately upon 601
the reversal of his conviction for the offense that has resulted 602
in his automatic suspension, but such reinstatement shall not 603
terminate any disciplinary proceeding then pending against the 604
attorney. 605
A certified copy of the final judgment of conviction of an 606
attorney for any offense hereinabove specified shall be conclusive 607
evidence of his guilt of that offense in any disciplinary 608
proceeding instituted against him and based on said conviction. 609
Upon the conviction of an attorney, or the entry by him of a 610
plea of nolo contendere, for the above offenses, excluding 611
manslaughter or any violation of the United States Internal 612
Revenue Code, the Board of Commissioners shall immediately direct 613
complaint counsel to institute a disciplinary proceeding in which 614
the sole issue to be determined will be the extent of the final 615
discipline to be imposed; provided, however, a disciplinary 616
proceeding so instituted shall not be brought to hearing until all 617
appeals from such conviction have been concluded. 618
The judge of any court within this state in which an attorney 619
has been convicted for any of the above enumerated offenses shall 620
cause to be transmitted to the court and to the Board of 621
Commissioners a certified copy of the judgment of conviction. 622
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 26 (aa\kr)

SECTION 11. Section 73-9-61, Mississippi Code of 1972, is 623
amended as follows: 624
73-9-61. (1) Upon satisfactory proof, and in accordance 625
with statutory provisions elsewhere set out for such hearings and 626
protecting the rights of the accused as well as the public, the 627
State Board of Dental Examiners may deny the issuance or renewal 628
of a license or may revoke or suspend the license of any licensed 629
dentist or dental hygienist practicing in the State of 630
Mississippi, or take any other action in relation to the license 631
as the board may deem proper under the circumstances, for any of 632
the following reasons: 633
(a) Misrepresentation in obtaining a license, or 634
attempting to obtain, obtaining, attempting to renew or renewing a 635
license or professional credential by making any material 636
misrepresentation, including the signing in his or her 637
professional capacity any certificate that is known to be false at 638
the time he or she makes or signs the certificate. 639
(b) Willful violation of any of the rules or 640
regulations duly promulgated by the board, or of any of the rules 641
or regulations duly promulgated by the appropriate dental 642
licensure agency of another state or jurisdiction. 643
(c) Being impaired in the ability to practice dentistry 644
or dental hygiene with reasonable skill and safety to patients by 645
reason of illness or use of alcohol, drugs, narcotics, chemicals, 646
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 27 (aa\kr)

or any other type of material or as a result of any mental or 647
physical condition. 648
(d) Administering, dispensing or prescribing any 649
prescriptive medication or drug outside the course of legitimate 650
professional dental practice. 651
(e) Being convicted or found guilty of or entering a 652
plea of nolo contendere to, regardless of adjudication, a 653
violation of any federal or state law regulating the possession, 654
distribution or use of any narcotic drug or any drug considered a 655
controlled substance under state or federal law, a certified copy 656
of the conviction order or judgment rendered by the trial court 657
being prima facie evidence thereof, notwithstanding the pendency 658
of any appeal. 659
(f) Practicing incompetently or negligently, regardless 660
of whether there is actual harm to the patient. 661
(g) Being convicted or found guilty of or entering a 662
plea of nolo contendere to, regardless of adjudication, a crime in 663
any jurisdiction that relates to the practice of dentistry or 664
dental hygiene, a certified copy of the conviction order or 665
judgment rendered by the trial court being prima facie evidence 666
thereof, notwithstanding the pendency of any appeal. 667
(h) Being convicted or found guilty of or entering a 668
plea of nolo contendere to * * * a disqualifying crime as provided 669
in the Fresh Start Act in any jurisdiction, a certified copy of 670
the conviction order or judgment rendered by the trial court being 671
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 28 (aa\kr)

prima facie evidence thereof, notwithstanding the pendency of any 672
appeal. 673
(i) Delegating professional responsibilities to a 674
person who is not qualified by training, experience or licensure 675
to perform them. 676
(j) The refusal of a licensing authority of another 677
state or jurisdiction to issue or renew a license, permit or 678
certificate to practice dentistry or dental hygiene in that 679
jurisdiction or the revocation, suspension or other restriction 680
imposed on a license, permit or certificate issued by the 681
licensing authority that prevents or restricts practice in that 682
jurisdiction, a certified copy of the disciplinary order or action 683
taken by the other state or jurisdiction being prima facie 684
evidence thereof, notwithstanding the pendency of any appeal. 685
(k) Surrender of a license or authorization to practice 686
dentistry or dental hygiene in another state or jurisdiction when 687
the board has reasonable cause to believe that the surrender is 688
made to avoid or in anticipation of a disciplinary action. 689
(l) Any unprofessional conduct to be determined by the 690
board on a case-by-case basis, which shall include, but not be 691
restricted to, the following: 692
* * * 693
( * * *i) Practicing deceit or other fraud upon 694
the public. 695
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 29 (aa\kr)

( * * *ii) Practicing dentistry or dental hygiene 696
under a false or assumed name. 697
( * * *iii) Advertising that is false, deceptive 698
or misleading. 699
( * * *iv) Announcing a specialized practice shall 700
be considered advertising that tends to deceive or mislead the 701
public unless the dentist announcing as a specialist conforms to 702
other statutory provisions and the duly promulgated rules or 703
regulations of the board pertaining to practice of dentistry in 704
the State of Mississippi. 705
(m) Failure to provide and maintain reasonable sanitary 706
facilities and conditions or failure to follow board rules 707
regarding infection control. 708
(n) Committing any act which would constitute sexual 709
misconduct upon a patient or upon ancillary staff. For purposes 710
of this subsection, the term sexual misconduct means: 711
(i) Use of the licensee-patient relationship to 712
engage or attempt to engage the patient in sexual activity; or 713
(ii) Conduct of a licensee that is intended to 714
intimidate, coerce, influence or trick any person employed by or 715
for the licensee in a dental practice or educational setting for 716
the purpose of engaging in sexual activity or activity intended 717
for the sexual gratification of the licensee. 718
(o) Violation of a lawful order of the board previously 719
entered in a disciplinary or licensure hearing; failure to 720
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 30 (aa\kr)

cooperate with any lawful request or investigation by the board; 721
or failure to comply with a lawfully issued subpoena of the board. 722
(p) Willful, obstinate and continuing refusal to 723
cooperate with the board in observing its rules and regulations in 724
promptly paying all legal license or other fees required by law. 725
(q) Practicing dentistry or dental hygiene while the 726
person's license is suspended. 727
(r) Violation(s) of the provisions of Sections 41-121-1 728
through 41-121-9 relating to deceptive advertisement by health 729
care practitioners. 730
(2) In lieu of revocation of a license as provided for 731
above, the board may suspend the license of the offending dentist 732
or dental hygienist, suspend the sedation permit of the offending 733
dentist, or take any other action in relation to his or her 734
license as the board may deem proper under the circumstances. 735
(3) When a license to practice dentistry or dental hygiene 736
is revoked or suspended by the board, the board may, in its 737
discretion, stay the revocation or suspension and simultaneously 738
place the licensee on probation upon the condition that the 739
licensee shall not violate the laws of the State of Mississippi 740
pertaining to the practice of dentistry or dental hygiene and 741
shall not violate the rules and regulations of the board and shall 742
not violate any terms in relation to his or her license as may be 743
set by the board. 744
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 31 (aa\kr)

(4) In a proceeding conducted under this section by the 745
board for the denial, revocation or suspension of a license to 746
practice dentistry or dental hygiene, the board shall have the 747
power and authority for the grounds stated for that denial, 748
revocation or suspension, and in addition thereto or in lieu of 749
that denial, revocation or suspension may assess and levy upon any 750
person licensed to practice dentistry or dental hygiene in the 751
State of Mississippi, a monetary penalty, as follows: 752
(a) For the first violation of any of paragraph (a), 753
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 754
(1) of this section, a monetary penalty of not less than Fifty 755
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). 756
(b) For the second violation of any of paragraph (a), 757
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 758
(1) of this section, a monetary penalty of not less than One 759
Hundred Dollars ($100.00) nor more than One Thousand Dollars 760
($1,000.00). 761
(c) For the third and any subsequent violation of any 762
of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or 763
(q) of subsection (1) of this section, a monetary penalty of not 764
less than Five Hundred Dollars ($500.00) and not more than Five 765
Thousand Dollars ($5,000.00). 766
(d) For any violation of any of paragraphs (a) through 767
(q) of subsection (1) of this section, those reasonable costs that 768
are expended by the board in the investigation and conduct of a 769
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 32 (aa\kr)

proceeding for licensure revocation or suspension, including, but 770
not limited to, the cost of process service, court reporters, 771
expert witnesses and investigators. 772
(5) The power and authority of the board to assess and levy 773
monetary penalties under this section shall not be affected or 774
diminished by any other proceeding, civil or criminal, concerning 775
the same violation or violations except as provided in this 776
section. 777
(6) A licensee shall have the right of appeal from the 778
assessment and levy of a monetary penalty as provided in this 779
section under the same conditions as a right of appeal is provided 780
elsewhere for appeals from an adverse ruling, order or decision of 781
the board. 782
(7) Any monetary penalty assessed and levied under this 783
section shall not take effect until after the time for appeal has 784
expired. In the event of an appeal, the appeal shall act as a 785
supersedeas. 786
(8) A monetary penalty assessed and levied under this 787
section shall be paid to the board by the licensee upon the 788
expiration of the period allowed for appeal of those penalties 789
under this section or may be paid sooner if the licensee elects. 790
With the exception of subsection (4)(d) of this section, monetary 791
penalties collected by the board under this section shall be 792
deposited to the credit of the General Fund of the State Treasury. 793
Any monies collected by the board under subsection (4)(d) of this 794
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 33 (aa\kr)

section shall be deposited into the special fund operating account 795
of the board. 796
(9) When payment of a monetary penalty assessed and levied 797
by the board against a licensee in accordance with this section is 798
not paid by the licensee when due under this section, the board 799
shall have power to institute and maintain proceedings in its name 800
for enforcement of payment in the chancery court of the county and 801
judicial district of residence of the licensee, and if the 802
licensee is a nonresident of the State of Mississippi, the 803
proceedings shall be in the Chancery Court of the First Judicial 804
District of Hinds County, Mississippi. 805
(10) In addition to the reasons specified in subsection (1) 806
of this section, the board shall be authorized to suspend the 807
license of any licensee for being out of compliance with an order 808
for support, as defined in Section 93-11-153. The procedure for 809
suspension of a license for being out of compliance with an order 810
for support, and the procedure for the reissuance or reinstatement 811
of a license suspended for that purpose, and the payment of any 812
fees for the reissuance or reinstatement of a license suspended 813
for that purpose, shall be governed by Section 93-11-157 or 814
93-11-163, as the case may be. If there is any conflict between 815
any provision of Section 93-11-157 or 93-11-163 and any provision 816
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 817
as the case may be, shall control. 818
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 34 (aa\kr)

(11) All grounds for disciplinary action, including 819
imposition of fines and assessment of costs as enumerated above, 820
shall also apply to any other license or permit issued by the 821
board under this chapter or regulations duly adopted by the board. 822
SECTION 12. Section 73-11-57, Mississippi Code of 1972, is 823
amended as follows: 824
73-11-57. (1) The board, upon satisfactory proof at proper 825
hearing and in accordance with the provisions of this chapter and 826
the regulations of the board, may suspend, revoke, or refuse to 827
issue or renew any license under this chapter, reprimand or place 828
the holder of a license on a term of probation, and/or take any 829
other action in relation to a license as the board may deem proper 830
under the circumstances upon any of the following grounds: 831
(a) The employment of fraud or deception in applying 832
for a license or in passing the examination provided for in this 833
chapter; 834
(b) The erroneous issuance of a license to any person; 835
(c) The conviction of a * * * disqualifying crime as 836
provided in the Fresh Start Act by any court in this state or any 837
federal court or by the court of any other state or territory of 838
the United States; having been convicted of or pled guilty to 839
a * * * disqualifying crime as provided in the Fresh Start Act in 840
the courts of this state or any other state, territory or country 841
which would prevent a person from holding elected office. 842
Conviction, as used in this paragraph, shall include a deferred 843
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 35 (aa\kr)

conviction, deferred prosecution, deferred sentence, finding or 844
verdict of guilt, an admission of guilty, or a plea of nolo 845
contendere; 846
(d) The practice of embalming under a false name or 847
without a license for the practice of funeral service; 848
(e) The impersonation of another funeral service or 849
funeral directing licensee; 850
(f) The permitting of a person other than a funeral 851
service or funeral directing licensee to make arrangements for a 852
funeral and/or form of disposition; 853
(g) Violation of any provision of this chapter or any 854
rule or regulation of the board; 855
(h) Having had a license for the practice of funeral 856
service or funeral directing suspended or revoked in any 857
jurisdiction, having voluntarily surrendered his license in any 858
jurisdiction, having been placed on probation in any jurisdiction, 859
having been placed under disciplinary order(s) or other 860
restriction in any manner for funeral directing and/or funeral 861
service, or operating a funeral establishment (a certified copy of 862
the order of suspension, revocation, probation or disciplinary 863
action shall be prima facie evidence of such action); 864
(i) Solicitation of dead human bodies by the licensee, 865
his agents, assistants or employees, whether such solicitation 866
occurs after death or when death is imminent; if the person 867
solicited has made known a desire not to receive the 868
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 36 (aa\kr)

communication, or if the solicitation involves coercion, duress or 869
harassment, or if the solicitation takes place at the residence of 870
the client or prospective client and is uninvited by the client or 871
prospective client and has not been previously agreed to by the 872
client or prospective client; however, this shall not be deemed to 873
prohibit general advertising; 874
(j) Employment directly or indirectly of any 875
apprentice, agent, assistant, employee, or other person, on a 876
part-time or full-time basis or on commission, for the purpose of 877
calling upon individuals or institutions by whose influence dead 878
human bodies may be turned over to a particular funeral 879
establishment; 880
(k) Failure to give full cooperation to the board 881
and/or its designees, agents or other representatives in the 882
performance of official duties of the board. Such failure to 883
cooperate includes, but is not limited to: 884
(i) Not furnishing any relevant papers or 885
documents requested by or for the board; 886
(ii) Not furnishing, in writing, an adequate 887
explanation covering the matter contained in a complaint filed 888
with the board; 889
(iii) Not responding without cause to subpoenas 890
issued by the board, whether or not the licensee is the party 891
charged in any preceding before the board; 892
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 37 (aa\kr)

(iv) Not reasonably providing access, as directed 893
by the board for its authorized agents or representatives seeking 894
to perform reviews or inspections at facilities or places utilized 895
by the license holder in the practice of funeral service or 896
funeral directing and/or in performing any other activity 897
regulated by the board under this chapter; 898
(v) Failure to provide information within the 899
specified time allotted and as required by the board and/or its 900
representatives or designees; 901
(vi) Failure to cooperate with the board or its 902
designees or representatives in the investigation of any alleged 903
misconduct or interfering with a board investigation by willful 904
misrepresentation of facts; 905
(vii) Deceiving or attempting to deceive the board 906
regarding any matter under investigation, including altering or 907
destroying any records; and 908
(viii) Failure, without good cause, to cooperate 909
with any request by the board to appear before it; 910
(l) Knowingly performing any act that in any way 911
assists an unlicensed person to practice funeral service or 912
funeral directing; 913
(m) Knowingly making a false statement on death 914
certificates; 915
* * * 916
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 38 (aa\kr)

( * * *n) Violating any statute, ordinance, rule or 917
regulation of the state or any of its boards, agencies or 918
political subdivisions affecting the registration of deaths or the 919
handling, custody, care or transportation of dead human bodies; or 920
( * * *o) Unprofessional conduct in the practice of 921
funeral service or funeral directing which includes, but is not 922
limited to: 923
(i) Retaining a dead human body for the payment of 924
a fee for the performance of services that are not authorized; 925
(ii) Knowingly performing any act which in any way 926
assists an unlicensed person to practice funeral service or 927
funeral directing; 928
(iii) Being guilty of any dishonorable conduct 929
likely to deceive, defraud or harm the public; 930
(iv) Any act or omission in the practice of 931
funeral service or directing which constitutes dishonesty, fraud 932
or misrepresentation with the intent to benefit the licensee, 933
another person or funeral establishment, or with the intent to 934
substantially injure another person, licensee or funeral 935
establishment; or 936
(v) Any act or conduct, whether the same or of a 937
different character than specified above, which constitutes or 938
demonstrates bad faith, incompetency or untrustworthiness; or 939
dishonest, fraudulent or improper dealing; or any other violation 940
of the provisions of this chapter, the rules and regulations 941
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 39 (aa\kr)

established by the board or any rule or regulation promulgated by 942
the Federal Trade Commission relative to the practice of funeral 943
service or funeral directing. 944
(2) Any person, including a member of the board, may 945
initiate a complaint against a licensee of the board by filing 946
with the board a written complaint on a form prescribed by the 947
board. 948
(a) Upon receipt of a properly verified complaint, the 949
board shall send a copy of the complaint to the affected licensee 950
by certified mail to the address of such licensee appearing of 951
record with the board. The licensee shall answer the complaint in 952
writing within twenty (20) days after receipt of the complaint. 953
The licensee shall mail a copy of his, her or its response to the 954
board and the complainant. Upon receipt of the licensee's 955
response or lapse of twenty (20) days, the board is authorized to 956
investigate a complaint that appears to show the existence of any 957
of the causes or grounds for disciplinary action as provided in 958
Section 73-11-57. Upon finding reasonable cause to believe that 959
the charges are not frivolous, unfounded or filed in bad faith, 960
the board may, in its discretion, cause a hearing to be held, at a 961
time and place fixed by the board, regarding the charges that a 962
violation of this chapter has occurred. The board shall order a 963
hearing for the licensee to appear and show cause why he/she 964
should not be disciplined for a violation of this chapter. 965
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 40 (aa\kr)

(b) The board shall give the complainant and the 966
affected licensee twenty (20) days' notice of any hearing upon a 967
complaint. Such notice shall be by United States certified mail. 968
(c) Any party appearing before the board may be 969
accompanied by counsel. 970
(d) Before commencing a hearing, the chairman or 971
designee of the board shall determine if all parties are present 972
and ready to proceed. If the complainant fails to attend a 973
hearing without good cause shown, the complaint shall be dismissed 974
summarily and all fees and expenses of convening the hearing shall 975
be assessed to, and paid by, the complainant. If any affected 976
licensee fails to appear for a hearing without good cause shown, 977
such licensee shall be presumed to have waived his right to appear 978
before the board and be heard. 979
(e) Upon the chair's determination that all parties are 980
ready to proceed, the chair or designee shall call the hearing to 981
order and the complainant and the licensee may give opening 982
statements. The board may order the sequestration of nonparty 983
witnesses. 984
(f) The complainant shall then present his, her or its 985
complaint. The licensee, any counsel and any member or designee 986
of the board may ask questions of witnesses. 987
(g) The licensee shall then present his, her or its 988
case in rebuttal. The complainant, any counsel and any member or 989
designee of the board may ask questions of witnesses. 990
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 41 (aa\kr)

(h) At the completion of the evidence, all parties may 991
give closing statements. 992
(i) At the conclusion of the hearing, the board may 993
either decide the issue at that time or take the case under 994
advisement for further deliberation. The board shall render its 995
decision not more than ninety (90) days after the close of the 996
hearing and shall forward the decision to the last-known business 997
or residence address of the parties. 998
(3) The board, on its own motion, may file a formal 999
complaint against a licensee. 1000
(4) The board may temporarily suspend a license under this 1001
chapter without any hearing, simultaneously with the institution 1002
of proceedings under this section, if it finds that the evidence 1003
in support of the board's determination is clear, competent and 1004
unequivocal and that the licensee's continuation in practice would 1005
constitute an imminent danger to public health and safety. 1006
(5) The board may, upon satisfactory proof that the 1007
applicant or licensee has been guilty of any of the offenses above 1008
enumerated, take the action authorized by this section against an 1009
applicant or licensee of the board upon a majority vote of the 1010
board members, after a hearing thereon. The board is vested with 1011
full power and authority to hold and conduct such hearings, compel 1012
the attendance of witnesses and the production of books, records 1013
and documents, issue subpoenas therefor, administer oaths, examine 1014
witnesses, and do all things necessary to properly conduct such 1015
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 42 (aa\kr)

hearings. The board may waive the necessity of a hearing if the 1016
person accused of a violation admits that he has been guilty of 1017
such offense. Any person who has been refused a license or whose 1018
license has been revoked or suspended may, within thirty (30) days 1019
after the decision of the board, file with the board a written 1020
notice stating that he feels himself aggrieved by such decision 1021
and may appeal therefrom to the circuit court of the county and 1022
judicial district of residence of the person, or if the person is 1023
a nonresident of the State of Mississippi, to the Circuit Court of 1024
the First Judicial District of Hinds County. The circuit court 1025
shall determine the action of the board was in accord or 1026
consistent with law, or was arbitrary, unwarranted or an abuse of 1027
discretion. The appeal shall be perfected upon filing notice of 1028
the appeal with the circuit court and by the prepayment of all 1029
costs, including the cost of the preparation of the record of the 1030
proceedings by the board. An appeal from the circuit court 1031
judgment or decree may be reviewed by the Supreme Court as is 1032
provided by law for other appeals. An appeal of a decision or 1033
order of the board does not act as a supersedeas. 1034
(6) In addition to any other power that it has, the board 1035
may, upon finding that an applicant or licensee has committed any 1036
of the violations listed in Section 73-11-57(1), impose a monetary 1037
penalty as follows: 1038
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 43 (aa\kr)

(a) For the first violation of any of the subparagraphs 1039
of subsection (1) of this section, a monetary penalty of not more 1040
than Five Hundred Dollars ($500.00). 1041
(b) For the second violation of any of the 1042
subparagraphs of subsection (1) of this section, a monetary 1043
penalty of not more than One Thousand Dollars ($1,000.00). 1044
(c) For the third and any subsequent violation of any 1045
of the subparagraphs of subsection (1) of this section, a monetary 1046
penalty of not more than Five Thousand Dollars ($5,000.00). 1047
(d) For any violation of any of the subparagraphs of 1048
subsection (1) of this section, those reasonable costs that are 1049
expended by the board in the investigation and conduct of a 1050
proceeding for licensure revocation or suspension, including, but 1051
not limited to, the cost of process service, court reporters, 1052
expert witnesses and investigators. 1053
(7) The power and authority of the board to assess and levy 1054
such monetary penalties hereunder shall not be affected or 1055
diminished by any other proceeding, civil or criminal, concerning 1056
the same violation or violations except as provided in this 1057
section. 1058
(8) A licensee shall have the right of appeal from the 1059
assessment and levy of a monetary penalty as provided in this 1060
section under the same conditions as a right of appeal is provided 1061
elsewhere for appeals from an adverse ruling, order or decision of 1062
the board. 1063
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 44 (aa\kr)

(9) Any monetary penalty assessed and levied under this 1064
section shall not take effect until after the time for appeal 1065
shall have expired. 1066
(10) A monetary penalty assessed and levied under this 1067
section shall be paid to the board by the licensee upon the 1068
expiration of the period allowed for appeal of such penalties 1069
under this section or may be paid sooner if the licensee elects. 1070
With the exception of subsection (5)(d) of this section, 1071
monetary penalties collected by the board under this section shall 1072
be deposited in the State Treasury to the credit of the State 1073
Board of Funeral Service. Any monies collected by the board under 1074
subsection (5)(d) of this section shall be deposited into the 1075
special fund operating account of the board. 1076
(11) When payment of a monetary penalty assessed and levied 1077
by the board against a licensee in accordance with this section is 1078
not paid by the licensee when due under this section, the board 1079
shall have power to institute and maintain proceedings in its name 1080
for enforcement of payment in the chancery court of the county and 1081
judicial district of residence of the licensee, or if the licensee 1082
is a nonresident of the State of Mississippi, in the Chancery 1083
Court of the First Judicial District of Hinds County, Mississippi. 1084
(12) In any administrative or judicial proceeding in which 1085
the board prevails, the board shall have the right to recover 1086
reasonable attorney fees. 1087
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 45 (aa\kr)

(13) In addition to the reasons specified in subsection (1) 1088
of this section, the board shall be authorized to suspend the 1089
license of any licensee for being out of compliance with an order 1090
for support, as defined in Section 93-11-153. The procedure for 1091
suspension of a license for being out of compliance with an order 1092
for support, and the procedure for the reissuance or reinstatement 1093
of a license suspended for that purpose, and the payment of any 1094
fees for the reissuance or reinstatement of a license suspended 1095
for that purpose, shall be governed by Section 93-11-157 or 1096
93-11-163, as the case may be. Actions taken by the board in 1097
suspending a license when required by Section 93-11-157 or 1098
93-11-163 are not actions from which an appeal may be taken under 1099
this section. Any appeal of a license suspension that is required 1100
by Section 93-11-157 or 93-11-163 shall be taken in accordance 1101
with the appeal procedure specified in Section 93-11-157 or 1102
93-11-163, as the case may be, rather than the procedure specified 1103
in this section. If there is any conflict between any provision 1104
of Section 93-11-157 or 93-11-163 and any provision of this 1105
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 1106
case may be, shall control. 1107
SECTION 13. Section 73-14-35, Mississippi Code of 1972, is 1108
amended as follows: 1109
73-14-35. (1) Any person registered under this chapter may 1110
have his license or certificate revoked or suspended for a fixed 1111
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 46 (aa\kr)

period to be determined by the board for any of the following 1112
causes: 1113
(a) Being convicted of * * * a disqualifying crime as 1114
provided in the Fresh Start Act. The record of such conviction, 1115
or certified copy thereof from the clerk of the court where such 1116
conviction occurred or by the judge of that court, shall be 1117
sufficient evidence to warrant revocation or suspension. 1118
(b) By securing a license or certificate under this 1119
chapter through fraud or deceit. 1120
(c) For unethical conduct or for gross ignorance or 1121
inefficiency in the conduct of his practice. 1122
(d) For knowingly practicing while suffering with a 1123
contagious or infectious disease. 1124
(e) For the use of a false name or alias in the 1125
practice of his profession. 1126
(f) For violating any of the provisions of this chapter 1127
or any rules or regulations promulgated pursuant to this chapter. 1128
(g) For violating the provisions of any applicable 1129
federal laws or regulations. 1130
(h) Discipline by another jurisdiction if at least one 1131
(1) of the grounds for the discipline is the same or substantially 1132
equivalent to those set forth in this chapter or rules and 1133
regulations promulgated pursuant to this chapter. 1134
(2) In addition to the causes specified in subsection (1) of 1135
this section, the board shall be authorized to suspend the license 1136
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 47 (aa\kr)

of any licensee for being out of compliance with an order for 1137
support, as defined in Section 93-11-153. The procedure for 1138
suspension of a license for being out of compliance with an order 1139
for support, and the procedure for the reissuance or reinstatement 1140
of a license suspended for that purpose, and the payment of any 1141
fees for the reissuance or reinstatement of a license suspended 1142
for that purpose, shall be governed by Section 93-11-157 or 1143
93-11-163, as the case may be. If there is any conflict between 1144
any provision of Section 93-11-157 or 93-11-163 and any provision 1145
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 1146
as the case may be, shall control. 1147
SECTION 14. Section 73-15-29, Mississippi Code of 1972, is 1148
amended as follows: 1149
73-15-29. (1) The board shall have power to revoke, suspend 1150
or refuse to renew any license issued by the board, or to revoke 1151
or suspend any privilege to practice, or to deny an application 1152
for a license, or to fine, place on probation and/or discipline a 1153
licensee, in any manner specified in this article, upon proof that 1154
such person: 1155
(a) Has committed fraud or deceit in securing or 1156
attempting to secure such license; 1157
(b) Has been convicted of a * * * disqualifying crime 1158
as provided in the Fresh Start Act or has had accepted by a court 1159
a plea of nolo contendere to a * * * disqualifying crime as 1160
provided in the Fresh Start Act (a certified copy of the judgment 1161
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 48 (aa\kr)

of the court of competent jurisdiction of such conviction or pleas 1162
shall be prima facie evidence of such conviction); 1163
(c) Has negligently or willfully acted in a manner 1164
inconsistent with the health or safety of the persons under the 1165
licensee's care; 1166
(d) Has had a license or privilege to practice as a 1167
registered nurse or a licensed practical nurse suspended or 1168
revoked in any jurisdiction, has voluntarily surrendered such 1169
license or privilege to practice in any jurisdiction, has been 1170
placed on probation as a registered nurse or licensed practical 1171
nurse in any jurisdiction or has been placed under a disciplinary 1172
order(s) in any manner as a registered nurse or licensed practical 1173
nurse in any jurisdiction, (a certified copy of the order of 1174
suspension, revocation, probation or disciplinary action shall be 1175
prima facie evidence of such action); 1176
(e) Has negligently or willfully practiced nursing in a 1177
manner that fails to meet generally accepted standards of such 1178
nursing practice; 1179
(f) Has negligently or willfully violated any order, 1180
rule or regulation of the board pertaining to nursing practice or 1181
licensure; 1182
(g) Has falsified or in a repeatedly negligent manner 1183
made incorrect entries or failed to make essential entries on 1184
records; 1185
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 49 (aa\kr)

(h) Is addicted to or dependent on alcohol or other 1186
habit-forming drugs or is a habitual user of narcotics, 1187
barbiturates, amphetamines, hallucinogens, or other drugs having 1188
similar effect, or has misappropriated any medication; 1189
(i) Has a physical, mental or emotional condition that 1190
renders the licensee unable to perform nursing services or duties 1191
with reasonable skill and safety; 1192
(j) Has engaged in any other conduct, whether of the 1193
same or of a different character from that specified in this 1194
article, that would constitute a disqualifying crime as defined 1195
in * * * the Fresh Start Act; 1196
(k) Engages in conduct likely to deceive, defraud or 1197
harm the public; 1198
(l) Engages in any unprofessional conduct as identified 1199
by the board in its rules; 1200
(m) Has violated any provision of this article; 1201
(n) Violation(s) of the provisions of Sections 41-121-1 1202
through 41-121-9 relating to deceptive advertisement by health 1203
care practitioners; or 1204
(o) Violation(s) of any provision of Title 41, Chapter 1205
141, Mississippi Code of 1972. 1206
(2) When the board finds any person unqualified because of 1207
any of the grounds set forth in subsection (1) of this section, it 1208
may enter an order imposing one or more of the following 1209
penalties: 1210
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 50 (aa\kr)

(a) Denying application for a license or other 1211
authorization to practice nursing or practical nursing; 1212
(b) Administering a reprimand; 1213
(c) Suspending or restricting the license or other 1214
authorization to practice as a registered nurse or licensed 1215
practical nurse for up to two (2) years without review; 1216
(d) Revoking the license or other authorization to 1217
practice nursing or practical nursing; 1218
(e) Requiring the disciplinee to submit to care, 1219
counseling or treatment by persons and/or agencies approved or 1220
designated by the board as a condition for initial, continued or 1221
renewed licensure or other authorization to practice nursing or 1222
practical nursing; 1223
(f) Requiring the disciplinee to participate in a 1224
program of education prescribed by the board as a condition for 1225
initial, continued or renewed licensure or other authorization to 1226
practice; 1227
(g) Requiring the disciplinee to practice under the 1228
supervision of a registered nurse for a specified period of time; 1229
or 1230
(h) Imposing a fine not to exceed Five Hundred Dollars 1231
($500.00). 1232
(3) In addition to the grounds specified in subsection (1) 1233
of this section, the board shall be authorized to suspend the 1234
license or privilege to practice of any licensee for being out of 1235
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 51 (aa\kr)

compliance with an order for support, as defined in Section 1236
93-11-153. The procedure for suspension of a license or privilege 1237
to practice for being out of compliance with an order for support, 1238
and the procedure for the reissuance or reinstatement of a license 1239
or privilege to practice suspended for that purpose, and the 1240
payment of any fees for the reissuance or reinstatement of a 1241
license or privilege to practice suspended for that purpose, shall 1242
be governed by Section 93-11-157 or 93-11-163, as the case may be. 1243
If there is any conflict between any provision of Section 1244
93-11-157 or 93-11-163 and any provision of this article, the 1245
provisions of Section 93-11-157 or 93-11-163, as the case may be, 1246
shall control. 1247
(4) If the public health, safety or welfare imperatively 1248
requires emergency action and the board incorporates a finding to 1249
that effect in an order, the board may order summary suspension of 1250
a license pending proceedings for revocation or other action. 1251
These proceedings shall be promptly instituted and determined by 1252
the board. 1253
(5) The board may establish by rule an alternative to 1254
discipline program for licensees who have an impairment as a 1255
result of substance abuse or a mental health condition, which 1256
program shall include at least the following components: 1257
(a) Participation in the program is voluntary with the 1258
licensee, and the licensee must enter the program before the board 1259
holds a disciplinary action hearing regarding the licensee; 1260
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 52 (aa\kr)

(b) The full cost of participation in the program, 1261
including the cost of any care, counseling, treatment and/or 1262
education received by the licensee, shall be borne by the 1263
licensee; 1264
(c) All of the procedures and records regarding the 1265
licensee's participation in the program shall be confidential, 1266
shall not be disclosed and shall be exempt from the provisions of 1267
the Mississippi Public Records Act of 1983; and 1268
(d) A licensee may not participate in the program more 1269
often than one (1) time during any period of five (5) years or 1270
such longer period as set by the board. 1271
(6) A nurse practitioner who provides a written 1272
certification as authorized under the Mississippi Medical Cannabis 1273
Act and in compliance with rules and regulations adopted 1274
thereunder shall not be subject to any disciplinary action under 1275
this section solely due to providing the written certification. 1276
SECTION 15. Section 73-19-23, Mississippi Code of 1972, is 1277
amended as follows: 1278
73-19-23. (1) (a) The board shall refuse to grant a 1279
certificate of licensure to any applicant and may cancel, revoke 1280
or suspend the operation of any certificate by it granted for any 1281
or all of the following reasons: unprofessional and unethical 1282
conduct * * *, habitual intemperance in the use of ardent spirits, 1283
or stimulants, narcotics, or any other substance that impairs the 1284
intellect and judgment to such an extent as to incapacitate one 1285
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 53 (aa\kr)

for the performance of the duties of an optometrist. The 1286
certificate of licensure of any person can be revoked for 1287
violating any section of this chapter. 1288
(b) The board shall conduct a criminal history records 1289
check on licensure applicants and on licensees whose licenses are 1290
subject to investigation. 1291
(i) The applicant or licensee shall undergo a 1292
fingerprint-based criminal history records check of the 1293
Mississippi central criminal database and the Federal Bureau of 1294
Investigation criminal history database. Each applicant or 1295
licensee shall submit a full set of the applicant's fingerprints 1296
in a form or manner prescribed by the board, which shall be 1297
forwarded to the Bureau of Investigation Identification Division 1298
for this purpose. 1299
(ii) Any and all state or national criminal 1300
history records information obtained by the board that is not 1301
already a matter of public record shall be deemed nonpublic and 1302
confidential information restricted to the exclusive use of the 1303
board, its members, officers, investigators, agents and attorneys 1304
in evaluating the applicant's eligibility or disqualification for 1305
licensure, and shall be exempt from the Mississippi Public Records 1306
Act of 1983. Except when introduced into evidence in a hearing 1307
before the board to determine licensure, no such information or 1308
records related thereto shall, except with the written consent of 1309
the applicant or licensee or by order of a court of competent 1310
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 54 (aa\kr)

jurisdiction, be released or otherwise disclosed by the board to 1311
any other person or agency. 1312
(iii) The board shall provide to the department 1313
the fingerprints of the applicant or licensee, any additional 1314
information that may be required by the department, and a form 1315
signed by the applicant consenting to the check of the criminal 1316
records and to the use of the fingerprints and other identifying 1317
information required by the state or national repositories. 1318
(iv) The board shall charge and collect from the 1319
applicant or licensee, in addition to all other applicable fees 1320
and costs, such amount as may be incurred by the board in 1321
requesting and obtaining state and national criminal history 1322
records information on the applicant or licensee. 1323
(2) The board shall further be authorized to take 1324
disciplinary action against a licensee for any unlawful acts, 1325
which shall include violations of regulations promulgated by the 1326
board, as well as the following acts: 1327
(a) Fraud or misrepresentation in applying for or 1328
procuring an optometric license or in connection with applying for 1329
or procuring periodic renewal of an optometric license. 1330
(b) Cheating on or attempting to subvert the optometric 1331
licensing examination(s). 1332
(c) The conviction of a * * * disqualifying crime as 1333
provided in the Fresh Start Act in this state or any other 1334
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 55 (aa\kr)

jurisdiction, or the entry of a guilty or nolo contendere plea to 1335
a * * * disqualifying crime. 1336
(d) The conviction of a * * * disqualifying crime as 1337
provided in the Fresh Start Act or as defined by federal law, or 1338
the entry of a guilty or nolo contendere plea to a * * * 1339
disqualifying crime as provided in the Fresh Start Act. 1340
(e) Conduct likely to deceive, defraud or harm the 1341
public. 1342
(f) Making a false or misleading statement regarding 1343
his or her skill or the efficacy or value of the medicine, device, 1344
treatment or remedy prescribed by him or her or used at his or her 1345
direction in the treatment of any disease or other condition. 1346
(g) Willfully or negligently violating the 1347
confidentiality between doctor and patient, except as required by 1348
law. 1349
(h) Negligence or gross incompetence in the practice of 1350
optometry as determined by the board. 1351
(i) Being found to be a person with mental illness or 1352
with an intellectual disability by any court of competent 1353
jurisdiction. 1354
(j) The use of any false, fraudulent, deceptive or 1355
misleading statement in any document connected with the practice 1356
of optometry. 1357
(k) Aiding or abetting the practice of optometry by an 1358
unlicensed, incompetent or impaired person. 1359
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 56 (aa\kr)

(l) Commission of any act of sexual abuse, misconduct 1360
or exploitation related to the licensee's practice of optometry. 1361
(m) Being addicted or habituated to a drug or 1362
intoxicant. 1363
(n) Violating any state or federal law or regulation 1364
relating to a drug legally classified as a controlled substance. 1365
(o) Obtaining any fee by fraud, deceit or 1366
misrepresentation. 1367
(p) Disciplinary action of another state or 1368
jurisdiction against a licensee or other authorization to practice 1369
optometry based upon acts or conduct by the licensee similar to 1370
acts or conduct that would constitute grounds for action as 1371
defined in this chapter, a certified copy of the record of the 1372
action taken by the other state or jurisdiction being conclusive 1373
evidence thereof. 1374
(q) Failure to report to the board the relocation of 1375
his or her office in or out of the jurisdiction, or to furnish 1376
floor plans as required by regulation. 1377
(r) Violation of any provision(s) of the Optometry 1378
Practice Act or the rules and regulations of the board or of an 1379
action, stipulation or agreement of the board. 1380
(s) To advertise in a manner that tends to deceive, 1381
mislead or defraud the public. 1382
(t) The designation of any person licensed under this 1383
chapter, other than by the terms "optometrist," "Doctor of 1384
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 57 (aa\kr)

Optometry" or "O.D.," which shall include any violation(s) of the 1385
provisions of Sections 41-121-1 through 41-121-9 relating to 1386
deceptive advertisement by health care practitioners. 1387
(u) To knowingly submit or cause to be submitted any 1388
misleading, deceptive or fraudulent representation on a claim 1389
form, bill or statement. 1390
(v) To practice or attempt to practice optometry while 1391
his or her license is suspended. 1392
(3) Any person who is a holder of a certificate of licensure 1393
or who is an applicant for examination for a certificate of 1394
licensure, against whom is preferred any charges, shall be 1395
furnished by the board with a copy of the complaint and shall have 1396
a hearing in Jackson, Mississippi, before the board, at which 1397
hearing he may be represented by counsel. At the hearing, 1398
witnesses may be examined for and against the accused respecting 1399
those charges, and the hearing orders or appeals will be conducted 1400
according to the procedure now provided in Section 73-25-27. The 1401
suspension of a certificate of licensure by reason of the use of 1402
stimulants or narcotics may be removed when the holder of the 1403
certificate has been adjudged by the board to be cured and capable 1404
of practicing optometry. 1405
(4) In addition to the reasons specified in subsections (1) 1406
and (2) of this section, the board shall be authorized to suspend 1407
the license of any licensee for being out of compliance with an 1408
order for support, as defined in Section 93-11-153. The procedure 1409
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 58 (aa\kr)

for suspension of a license for being out of compliance with an 1410
order for support, and the procedure for the reissuance or 1411
reinstatement of a license suspended for that purpose, and the 1412
payment of any fees for the reissuance or reinstatement of a 1413
license suspended for that purpose, shall be governed by Section 1414
93-11-157 or 93-11-163, as the case may be. If there is any 1415
conflict between any provision of Section 93-11-157 or 93-11-163 1416
and any provision of this chapter, the provisions of Section 1417
93-11-157 or 93-11-163, as the case may be, shall control. 1418
(5) A licensee who provides a written certification as 1419
authorized under the Mississippi Medical Cannabis Act and in 1420
compliance with rules and regulations adopted thereunder shall not 1421
be subject to any disciplinary action under this section solely 1422
due to providing the written certification. 1423
SECTION 16. Section 73-21-97, Mississippi Code of 1972, is 1424
amended as follows: 1425
73-21-97. (1) The board may refuse to issue or renew, or 1426
may suspend, reprimand, revoke or restrict the license, 1427
registration or permit of any person, or may impose a monetary 1428
penalty, upon one or more of the following grounds: 1429
(a) Unprofessional conduct as defined by the rules and 1430
regulations of the board; 1431
(b) Incapacity of a nature that prevents a pharmacist 1432
or intern/extern from engaging in the practice of pharmacy or a 1433
pharmacy technician from engaging in or providing nonjudgmental 1434
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 59 (aa\kr)

technical services in the practice of pharmacy with reasonable 1435
skill, confidence and safety to the public; 1436
(c) Being found guilty by a court of competent 1437
jurisdiction of one or more of the following: 1438
(i) A * * * disqualifying crime as provided in the 1439
Fresh Start Act; 1440
(ii) Any act involving * * * gross immorality; or 1441
(iii) Violation of pharmacy or drug laws of this 1442
state or rules or regulations pertaining thereto, or of statutes, 1443
rules or regulations of any other state or the federal government; 1444
(d) Fraud or intentional misrepresentation by a 1445
licensee, registrant or permit holder in securing the issuance or 1446
renewal of a license or permit; 1447
(e) Engaging or aiding and abetting an individual to 1448
engage in the practice of pharmacy without a license; 1449
(f) Violation of any of the provisions of this chapter 1450
or rules or regulations adopted pursuant to this chapter; 1451
(g) Failure to comply with lawful orders of the board; 1452
(h) Negligently or willfully acting in a manner 1453
inconsistent with the health or safety of the public; 1454
(i) Addiction to or dependence on alcohol or controlled 1455
substances or the unauthorized use or possession of controlled 1456
substances; 1457
(j) Misappropriation of any prescription drug; 1458
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 60 (aa\kr)

(k) Being found guilty by the licensing agency in 1459
another state of violating the statutes, rules or regulations of 1460
that jurisdiction; 1461
(l) The unlawful or unauthorized possession of a 1462
controlled substance; 1463
(m) Willful failure to submit drug monitoring 1464
information or willful submission of incorrect dispensing 1465
information as required by the Prescription Monitoring Program 1466
under Section 73-21-127; 1467
(n) Failure to obtain the license, registration or 1468
permit required by this chapter; or 1469
(o) Violation(s) of the provisions of Sections 41-121-1 1470
through 41-121-9 relating to deceptive advertisement by health 1471
care practitioners. 1472
(2) In lieu of suspension, revocation or restriction of a 1473
license, registration or permit as provided for above, the board 1474
may warn, reprimand or issue a citation to the offending licensee, 1475
registrant or permit holder. 1476
(3) In addition to the grounds specified in subsection (1) 1477
of this section, the board shall be authorized to suspend the 1478
license, registration or permit of any person for being out of 1479
compliance with an order for support, as defined in Section 1480
93-11-153. The procedure for suspension of a license, 1481
registration or permit for being out of compliance with an order 1482
for support, and the procedure for the reissuance or reinstatement 1483
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 61 (aa\kr)

of a license, registration or permit suspended for that purpose, 1484
and the payment of any fees for the reissuance or reinstatement of 1485
a license, registration or permit suspended for that purpose, 1486
shall be governed by Section 93-11-157 or 93-11-163, as the case 1487
may be. If there is any conflict between any provision of Section 1488
93-11-157 or 93-11-163 and any provision of this chapter, the 1489
provisions of Section 93-11-157 or 93-11-163, as the case may be, 1490
shall control. 1491
SECTION 17. Section 73-25-29, Mississippi Code of 1972, is 1492
amended as follows: 1493
73-25-29. The grounds for the nonissuance, suspension, 1494
revocation or restriction of a license or the denial of 1495
reinstatement or renewal of a license are: 1496
(1) Habitual personal use of narcotic drugs, or any 1497
other drug having addiction-forming or addiction-sustaining 1498
liability. 1499
(2) Habitual use of intoxicating liquors, or any 1500
beverage, to an extent which affects professional competency. 1501
(3) Administering, dispensing or prescribing any 1502
narcotic drug, or any other drug having addiction-forming or 1503
addiction-sustaining liability otherwise than in the course of 1504
legitimate professional practice. 1505
(4) Conviction of violation of any federal or state law 1506
regulating the possession, distribution or use of any narcotic 1507
drug or any drug considered a controlled substance under state or 1508
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 62 (aa\kr)

federal law, a certified copy of the conviction order or judgment 1509
rendered by the trial court being prima facie evidence thereof, 1510
notwithstanding the pendency of any appeal. 1511
(5) Procuring, or attempting to procure, or aiding in, 1512
an abortion that is not medically indicated. 1513
(6) Conviction of a * * * disqualifying crime as 1514
provided in the Fresh Start Act, a certified copy of the 1515
conviction order or judgment rendered by the trial court being 1516
prima facie evidence thereof, notwithstanding the pendency of any 1517
appeal. 1518
(7) Obtaining or attempting to obtain a license by 1519
fraud or deception. 1520
(8) Unprofessional conduct, which includes, but is not 1521
limited to: 1522
(a) Practicing medicine under a false or assumed 1523
name or impersonating another practitioner, living or dead. 1524
(b) Knowingly performing any act which in any way 1525
assists an unlicensed person to practice medicine. 1526
(c) Making or willfully causing to be made any 1527
flamboyant claims concerning the licensee's professional 1528
excellence. 1529
(d) Being guilty of any dishonorable or unethical 1530
conduct likely to deceive, defraud or harm the public. 1531
(e) Obtaining a fee as personal compensation or 1532
gain from a person on fraudulent representation of a disease or 1533
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 63 (aa\kr)

injury condition generally considered incurable by competent 1534
medical authority in the light of current scientific knowledge and 1535
practice can be cured or offering, undertaking, attempting or 1536
agreeing to cure or treat the same by a secret method, which he 1537
refuses to divulge to the board upon request. 1538
(f) Use of any false, fraudulent or forged 1539
statement or document, or the use of any fraudulent, deceitful, 1540
dishonest or immoral practice in connection with any of the 1541
licensing requirements, including the signing in his professional 1542
capacity any certificate that is known to be false at the time he 1543
makes or signs such certificate. 1544
(g) Failing to identify a physician's school of 1545
practice in all professional uses of his name by use of his earned 1546
degree or a description of his school of practice. 1547
(9) The refusal of a licensing authority of another 1548
state or jurisdiction to issue or renew a license, permit or 1549
certificate to practice medicine in that jurisdiction or the 1550
revocation, suspension or other restriction imposed on a license, 1551
permit or certificate issued by such licensing authority which 1552
prevents or restricts practice in that jurisdiction, a certified 1553
copy of the disciplinary order or action taken by the other state 1554
or jurisdiction being prima facie evidence thereof, 1555
notwithstanding the pendency of any appeal. 1556
(10) Surrender of a license or authorization to 1557
practice medicine in another state or jurisdiction or surrender of 1558
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 64 (aa\kr)

membership on any medical staff or in any medical or professional 1559
association or society while under disciplinary investigation by 1560
any of those authorities or bodies for acts or conduct similar to 1561
acts or conduct which would constitute grounds for action as 1562
defined in this section. 1563
(11) Final sanctions imposed by the United States 1564
Department of Health and Human Services, Office of Inspector 1565
General or any successor federal agency or office, based upon a 1566
finding of incompetency, gross misconduct or failure to meet 1567
professionally recognized standards of health care; a certified 1568
copy of the notice of final sanction being prima facie evidence 1569
thereof. As used in this paragraph, the term "final sanction" 1570
means the written notice to a physician from the United States 1571
Department of Health and Human Services, Officer of Inspector 1572
General or any successor federal agency or office, which 1573
implements the exclusion. 1574
(12) Failure to furnish the board, its investigators or 1575
representatives information legally requested by the board. 1576
(13) Violation of any provision(s) of the Medical 1577
Practice Act or the rules and regulations of the board or of any 1578
order, stipulation or agreement with the board. 1579
(14) Violation(s) of the provisions of Sections 1580
41-121-1 through 41-121-9 relating to deceptive advertisement by 1581
health care practitioners. 1582
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 65 (aa\kr)

(15) Performing or inducing an abortion on a woman in 1583
violation of any provision of Sections 41-41-131 through 1584
41-41-145. 1585
(16) Performing an abortion on a pregnant woman after 1586
determining that the unborn human individual that the pregnant 1587
woman is carrying has a detectable fetal heartbeat as provided in 1588
Section 41-41-34.1. 1589
(17) Violation(s) of any provision of Title 41, Chapter 1590
141, Mississippi Code of 1972. 1591
In addition to the grounds specified above, the board shall 1592
be authorized to suspend the license of any licensee for being out 1593
of compliance with an order for support, as defined in Section 1594
93-11-153. The procedure for suspension of a license for being 1595
out of compliance with an order for support, and the procedure for 1596
the reissuance or reinstatement of a license suspended for that 1597
purpose, and the payment of any fees for the reissuance or 1598
reinstatement of a license suspended for that purpose, shall be 1599
governed by Section 93-11-157 or 93-11-163, as the case may be. 1600
If there is any conflict between any provision of Section 1601
93-11-157 or 93-11-163 and any provision of this chapter, the 1602
provisions of Section 93-11-157 or 93-11-163, as the case may be, 1603
shall control. 1604
A physician who provides a written certification as 1605
authorized under the Mississippi Medical Cannabis Act and in 1606
compliance with rules and regulations adopted thereunder shall not 1607
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 66 (aa\kr)

be subject to any disciplinary action under this section solely 1608
due to providing the written certification. 1609
SECTION 18. Section 73-29-13, Mississippi Code of 1972, is 1610
amended as follows: 1611
73-29-13. A person is qualified to receive a license as an 1612
examiner: 1613
(1) Who is at least twenty-one (21) years of age; 1614
(2) Who is a citizen of the United States; 1615
(3) Who establishes that he is a person of honesty, 1616
truthfulness, integrity, and moral fitness; 1617
(4) Who has not been convicted of a * * * disqualifying 1618
crime as provided in the Fresh Start Act; 1619
(5) Who holds a baccalaureate degree from a college or 1620
university accredited by the American Association of Collegiate 1621
Registrars and Admissions Officers or, in lieu thereof, has five 1622
(5) consecutive years of active investigative experience 1623
immediately preceding his application; 1624
(6) Who is a graduate of a polygraph examiners course 1625
approved by the board and has satisfactorily completed not less 1626
than six (6) months of internship training, provided that if the 1627
applicant is not a graduate of an approved polygraph examiners 1628
course, satisfactory completion of not less than twelve (12) 1629
months of internship training may satisfy this subdivision; and 1630
(7) Prior to the issuance of a license, the applicant 1631
must furnish to the board evidence of a surety bond or insurance 1632
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 67 (aa\kr)

policy. Said surety bond or insurance policy shall be in the sum 1633
of Five Thousand Dollars ($5,000.00) and shall be conditioned that 1634
the obligor therein will pay to the extent of the face amount of 1635
such surety bond or insurance policy all judgments which may be 1636
recovered against the licensee by reason of any wrongful or 1637
illegal acts committed by him in the course of his examinations. 1638
SECTION 19. Section 73-29-31, Mississippi Code of 1972, is 1639
amended as follows: 1640
73-29-31. (1) The board may refuse to issue or may suspend 1641
or revoke a license on any one or more of the following grounds: 1642
(a) For failing to inform a subject to be examined as 1643
to the nature of the examination; 1644
(b) For failing to inform a subject to be examined that 1645
his participation in the examination is voluntary; 1646
(c) Material misstatement in the application for 1647
original license or in the application for any renewal license 1648
under this chapter; 1649
(d) Willful disregard or violation of this chapter or 1650
of any regulation or rule issued pursuant thereto, including, but 1651
not limited to, willfully making a false report concerning an 1652
examination for polygraph examination purposes; 1653
(e) If the holder of any license has been adjudged 1654
guilty of the commission of a * * * disqualifying crime as 1655
provided in the Fresh Start Act; 1656
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 68 (aa\kr)

(f) Making any willful misrepresentation or false 1657
promises or causing to be printed any false or misleading 1658
advertisement for the purpose of directly or indirectly obtaining 1659
business or trainees; 1660
(g) Having demonstrated unworthiness or incompetency to 1661
act as a polygraph examiner as defined by this chapter; 1662
(h) Allowing one's license under this chapter to be 1663
used by any unlicensed person in violation of the provisions of 1664
this chapter; 1665
(i) Willfully aiding or abetting another in the 1666
violation of this chapter or any regulation or rule issued 1667
pursuant thereto; 1668
(j) Where the license holder has been adjudged by a 1669
court of competent jurisdiction as habitual drunkard, mentally 1670
incompetent, or in need of a conservator; 1671
(k) Failing, within a reasonable time, to provide 1672
information requested by the secretary as the result of a formal 1673
complaint to the board which would indicate a violation of this 1674
chapter; 1675
(l) Failing to inform the subject of the results of the 1676
examination if so requested; or 1677
(m) With regard to any polygraph examiner employed for 1678
a fee and not employed by a governmental law enforcement agency or 1679
the Mississippi Department of Corrections: 1680
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 69 (aa\kr)

(i) Requiring a subject, prior to taking the 1681
examination or as a condition of receiving the results of the 1682
examination, to waive any rights or causes of action he may have 1683
or which may accrue in favor of the subject arising out of or 1684
resulting from the administration of the examination; except the 1685
examiner may require, prior to the examination or as a condition 1686
of receiving the results of the examination, a subject to waive 1687
any rights or causes of action that may accrue against the 1688
examiner as a result of any use made of the results of the 1689
examination by the person who employed the examiner; 1690
(ii) Requiring a subject to acknowledge that his 1691
examination is not done for purposes of employment when, in fact, 1692
the results of the examination are to be submitted to an employer 1693
or an agent of an employer; or 1694
(iii) Reporting the results of an examination to 1695
any person not authorized to receive the results of the 1696
examination except for the person who employed the examiner, 1697
unless authorized in writing by the subject. 1698
(2) In addition to the grounds specified in subsection (1) 1699
of this section, the board shall be authorized to suspend the 1700
license of any licensee for being out of compliance with an order 1701
for support, as defined in Section 93-11-153. The procedure for 1702
suspension of a license for being out of compliance with an order 1703
for support, and the procedure for the reissuance or reinstatement 1704
of a license suspended for that purpose, and the payment of any 1705
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 70 (aa\kr)

fees for the reissuance or reinstatement of a license suspended 1706
for that purpose, shall be governed by Section 93-11-157 or 1707
93-11-163, as the case may be. If there is any conflict between 1708
any provision of Section 93-11-157 or 93-11-163 and any provision 1709
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 1710
as the case may be, shall control. 1711
SECTION 20. Section 73-31-21, Mississippi Code of 1972, is 1712
amended as follows: 1713
73-31-21. (1) The board, by an affirmative vote of at least 1714
four (4) of its seven (7) members, shall withhold, deny, revoke or 1715
suspend any license issued or applied for in accordance with the 1716
provisions of this article, or otherwise discipline a licensed 1717
psychologist, upon proof that the applicant or licensed 1718
psychologist: 1719
(a) Has violated the current code of ethics of the 1720
American Psychological Association or other codes of ethical 1721
standards adopted by the board; or 1722
(b) Has been convicted of a * * * disqualifying crime 1723
as provided in the Fresh Start Act, the record of conviction being 1724
conclusive evidence thereof; or 1725
(c) Is using any substance or any alcoholic beverage to 1726
an extent or in a manner dangerous to any other person or the 1727
public, or to an extent that the use impairs his or her ability to 1728
perform the work of a professional psychologist with safety to the 1729
public; or 1730
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 71 (aa\kr)

(d) Has impersonated another person holding a 1731
psychologist license or allowed another person to use his or her 1732
license; or 1733
(e) Has used fraud or deception in applying for a 1734
license or in taking an examination provided for in this article; 1735
or 1736
(f) Has accepted commissions or rebates or other forms 1737
of remuneration for referring clients to other professional 1738
persons; or 1739
(g) Has performed psychological services outside of the 1740
area of his or her training, experience or competence; or 1741
(h) Has allowed his or her name or license issued under 1742
this article to be used in connection with any person or persons 1743
who perform psychological services outside of the area of their 1744
training, experience or competence; or 1745
(i) Is legally adjudicated mentally incompetent, the 1746
record of that adjudication being conclusive evidence thereof; or 1747
(j) Has willfully or negligently violated any of the 1748
provisions of this article. The board may recover from any person 1749
disciplined under this article, the costs of investigation, 1750
prosecution, and adjudication of the disciplinary action. 1751
(2) Notice shall be effected by registered mail or personal 1752
service setting forth the particular reasons for the proposed 1753
action and fixing a date not less than thirty (30) days nor more 1754
than sixty (60) days from the date of the mailing or that service, 1755
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 72 (aa\kr)

at which time the applicant or licensee shall be given an 1756
opportunity for a prompt and fair hearing. For the purpose of the 1757
hearing, the board, acting by and through its executive secretary, 1758
may subpoena persons and papers on its own behalf and on behalf of 1759
the applicant or licensee, may administer oaths and may take 1760
testimony. That testimony, when properly transcribed, together 1761
with the papers and exhibits, shall be admissible in evidence for 1762
or against the applicant or licensee. At the hearing, the 1763
applicant or licensee may appear by counsel and personally in his 1764
or her own behalf. Any person sworn and examined by a witness in 1765
the hearing shall not be held to answer criminally, nor shall any 1766
papers or documents produced by the witness be competent evidence 1767
in any criminal proceedings against the witness other than for 1768
perjury in delivering his or her evidence. On the basis of any 1769
such hearing, or upon default of applicant or licensee, the board 1770
shall make a determination specifying its findings of fact and 1771
conclusions of law. A copy of that determination shall be sent by 1772
registered mail or served personally upon the applicant or 1773
licensee. The decision of the board denying, revoking or 1774
suspending the license shall become final thirty (30) days after 1775
so mailed or served, unless within that period the applicant or 1776
licensee appeals the decision to the chancery court, under the 1777
provisions hereof, and the proceedings in chancery shall be 1778
conducted as other matters coming before the court. All 1779
proceedings and evidence, together with exhibits, presented at the 1780
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 73 (aa\kr)

hearing before the board shall be admissible in evidence in court 1781
in the appeal. 1782
(3) The board may subpoena persons and papers on its own 1783
behalf and on behalf of the respondent, may administer oaths and 1784
may compel the testimony of witnesses. It may issue commissions 1785
to take testimony, and testimony so taken and sworn to shall be 1786
admissible in evidence for and against the respondent. The board 1787
shall be entitled to the assistance of the chancery court or the 1788
chancellor in vacation, which, on petition by the board, shall 1789
issue ancillary subpoenas and petitions and may punish as for 1790
contempt of court in the event of noncompliance therewith. 1791
(4) Every order and judgment of the board shall take effect 1792
immediately on its promulgation unless the board in the order or 1793
judgment fixes a probationary period for the applicant or 1794
licensee. The order and judgment shall continue in effect unless 1795
upon appeal the court by proper order or decree terminates it 1796
earlier. The board may make public its order and judgments in 1797
any manner and form as it deems proper. It shall, in event of the 1798
suspension or revocation of a license, direct the clerk of the 1799
circuit court of the county in which that license was recorded to 1800
cancel that record. 1801
(5) Nothing in this section shall be construed as limiting 1802
or revoking the authority of any court or of any licensing or 1803
registering officer or board, other than the Mississippi Board of 1804
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 74 (aa\kr)

Psychology, to suspend, revoke and reinstate licenses and to 1805
cancel registrations under the provisions of Section 41-29-311. 1806
(6) Suspension by the board of the license of a psychologist 1807
shall be for a period not exceeding one (1) year. At the end of 1808
this period the board shall reevaluate the suspension, and shall 1809
either reinstate or revoke the license. A person whose license 1810
has been revoked under the provisions of this section may reapply 1811
for a license after more than two (2) years have elapsed from the 1812
date that the denial or revocation is legally effective. 1813
(7) In addition to the reasons specified in subsection (1) 1814
of this section, the board shall be authorized to suspend the 1815
license of any licensee for being out of compliance with an order 1816
for support, as defined in Section 93-11-153. The procedure for 1817
suspension of a license for being out of compliance with an order 1818
for support, and the procedure for the reissuance or reinstatement 1819
of a license suspended for that purpose, and the payment of any 1820
fees for the reissuance or reinstatement of a license suspended 1821
for that purpose, shall be governed by Section 93-11-157. Actions 1822
taken by the board in suspending a license when required by 1823
Section 93-11-157 or 93-11-163 are not actions from which an 1824
appeal may be taken under this section. Any appeal of a license 1825
suspension that is required by Section 93-11-157 or 93-11-163 1826
shall be taken in accordance with the appeal procedure specified 1827
in Section 93-11-157 or 93-11-163, as the case may be, rather than 1828
the procedure specified in this section. If there is any conflict 1829
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 75 (aa\kr)

between any provision of Section 93-11-157 or 93-11-163 and any 1830
provision of this article, the provisions of Section 93-11-157 or 1831
93-11-163, as the case may be, shall control. 1832
(8) The board may issue a nondisciplinary, educational 1833
letter to licensees as provided in Section 73-31-7(2)(g). The 1834
board may also direct a psychologist to obtain a formal assessment 1835
of ability to practice safely if there is reason to believe there 1836
may be impairment due to substance abuse or mental incapacity. 1837
Licensees who may be impaired, but who are able to practice 1838
safely, may be required by the board to seek appropriate treatment 1839
and/or supervision. That action by the board in itself will not 1840
be considered disciplinary. 1841
(9) The board may discipline any person who has been granted 1842
the authority to practice interjurisdictional telepsychology or 1843
the temporary authorization to practice under the Psychology 1844
Interjurisdictional Compact provided for under Section 73-31-51, 1845
for any of the grounds specified in subsection (1) of this section 1846
in the same manner as the board disciplines a licensed 1847
psychologist under this section. 1848
SECTION 21. Section 73-34-109, Mississippi Code of 1972, is 1849
amended as follows: 1850
73-34-109. (1) An appraisal management company applying for 1851
registration in this state shall not: 1852
(a) Be owned, in whole or in part, directly or 1853
indirectly, by any person who has had an appraiser license or 1854
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 76 (aa\kr)

certificate in this state or in any other state, refused, denied, 1855
cancelled, surrendered in lieu of revocation, or revoked; or 1856
(b) Be owned by more than ten percent (10%) by a person 1857
who * * * has been convicted of a disqualifying crime as provided 1858
in the Fresh Start Act. 1859
(2) (a) For purposes of subsection (1)(b) to qualify for 1860
initial registration and every third annual renewed registration 1861
thereafter as an appraisal management company, each individual 1862
owner of more than ten percent (10%) of an appraisal management 1863
company must have successfully been cleared for registration 1864
through an investigation that shall consist of a * * * 1865
verification that the owner is not guilty of or in violation of 1866
any statutory ground for denial of registration as set forth in 1867
this chapter. If no individual owns more than ten percent (10%) 1868
of the appraisal management company, then an investigation of an 1869
owner is not required, but in such instances, the controlling 1870
person designated by the appraisal management company shall be 1871
subject to the requirements of this subsection. If following the 1872
initial registration, any individual becomes either an owner of 1873
more than ten percent (10%) of the appraisal management company or 1874
the designated controlling person of the appraisal management 1875
company, then each such person shall be subject to the 1876
requirements of this subsection at the appraisal management 1877
company's next annual renewal. To assist the board in conducting 1878
its registration investigation, each individual owner of more than 1879
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 77 (aa\kr)

ten percent (10%) of an appraisal management company shall undergo 1880
a fingerprint-based criminal history records check of the 1881
Mississippi central criminal database and the Federal Bureau of 1882
Investigation criminal history database. Each applicant shall 1883
submit a full set of the applicant's fingerprints, in a form and 1884
manner prescribed by the board, which shall be forwarded to the 1885
Mississippi Department of Public Safety (department) and the 1886
Federal Bureau of Investigation Identification Division for this 1887
purpose. 1888
(b) Any state or national criminal history records 1889
information obtained by the board that is not already a matter of 1890
public record shall be deemed nonpublic and confidential 1891
information restricted to the exclusive use of the board, its 1892
members, officers, investigators, agents and attorneys in 1893
evaluating the applicant's eligibility or disqualification for 1894
registration, and shall be exempt from the Mississippi Public 1895
Records Act, Section 25-61-1 et seq. Except upon written consent 1896
of the applicant, or by order of a court of competent 1897
jurisdiction, or when introduced into evidence in a hearing before 1898
the board to determine registration, no such information or 1899
records related thereto shall be released or otherwise disclosed 1900
by the board to any other person or agency. 1901
(c) The board shall provide to the department the 1902
fingerprints of the applicant, any additional information that may 1903
be required by the department, a form signed by the applicant 1904
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 78 (aa\kr)

consenting to the check of the criminal records and to the use of 1905
the fingerprints and other identifying information required by the 1906
state or national repositories. 1907
(d) The board shall charge and collect from the 1908
applicant, in addition to all other applicable fees and costs, 1909
such amount as may be incurred by the board in requesting and 1910
obtaining state and national criminal history records information 1911
on the applicant. 1912
SECTION 22. Section 73-39-77, Mississippi Code of 1972, is 1913
amended as follows: 1914
73-39-77. (1) Upon a written complaint sworn to by any 1915
person, the board, in its sole discretion, may, after a hearing, 1916
revoke, suspend or limit for a certain time a license, impose an 1917
administrative fine not to exceed One Thousand Dollars ($1,000.00) 1918
for each separate offense, or otherwise discipline any licensed 1919
veterinarian for any of the following reasons: 1920
(a) The employment of fraud, misrepresentation or 1921
deception in obtaining a license. 1922
(b) The inability to practice veterinary medicine with 1923
reasonable skill and safety because of a physical or mental 1924
disability, including deterioration of mental capacity, loss of 1925
motor skills or abuse of drugs or alcohol of sufficient degree to 1926
diminish the person's ability to deliver competent patient care. 1927
(c) The use of advertising or solicitation that is 1928
false or misleading. 1929
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 79 (aa\kr)

(d) Conviction of the following in any federal court or 1930
in the courts of this state or any other jurisdiction, regardless 1931
of whether the sentence is deferred: 1932
(i) Any * * * disqualifying crime as provided in 1933
the Fresh Start Act; 1934
(ii) Any crime involving cruelty, abuse or neglect 1935
of animals, including bestiality; 1936
* * * 1937
( * * *iii) Any crime involving unlawful sexual 1938
contact, child abuse, the use or threatened use of a weapon, the 1939
infliction of injury, indecent exposure, perjury, false reporting, 1940
criminal impersonation, forgery and any other crime involving a 1941
lack of truthfulness, veracity or honesty, intimidation of a 1942
victim or witness, larceny, or alcohol or drugs. 1943
For the purposes of this paragraph, a plea of guilty or a 1944
plea of nolo contendere accepted by the court shall be considered 1945
as a conviction. 1946
(e) Incompetence, gross negligence or other malpractice 1947
in the practice of veterinary medicine. 1948
(f) Aiding the unlawful practice of veterinary 1949
medicine. 1950
(g) Fraud or dishonesty in the application or reporting 1951
of any test for disease in animals. 1952
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 80 (aa\kr)

(h) Failure to report, as required by law, or making 1953
false or misleading report of, any contagious or infectious 1954
disease. 1955
(i) Failure to keep accurate patient records. 1956
(j) Dishonesty or gross negligence in the performance 1957
of food safety inspections or in the issuance of any health or 1958
inspection certificates. 1959
(k) Failure to keep veterinary premises and equipment, 1960
including practice vehicles, in a clean and sanitary condition. 1961
(l) Failure to permit the board or its agents to enter 1962
and inspect veterinary premises and equipment, including practice 1963
vehicles, as set by rules promulgated by the board. 1964
(m) Revocation, suspension or limitation of a license 1965
to practice veterinary medicine by another state, territory or 1966
district of the United States. 1967
(n) Loss or suspension of accreditation by any federal 1968
or state agency. 1969
(o) Unprofessional conduct as defined in regulations 1970
adopted by the board. 1971
(p) The dispensing, distribution, prescription or 1972
administration of any veterinary prescription drug, or the 1973
extra-label use of any drug in the absence of a 1974
veterinarian-client-patient relationship. 1975
(q) Violations of state or federal drug laws. 1976
(r) Violations of any order of the board. 1977
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 81 (aa\kr)

(s) Violations of this chapter or of the rules 1978
promulgated under this chapter. 1979
(t) Violation(s) of the provisions of Sections 41-121-1 1980
through 41-121-9 relating to deceptive advertisement by health 1981
care practitioners. 1982
(2) A certified copy of any judgment of conviction or 1983
finding of guilt by a court of competent jurisdiction or by a 1984
governmental agency, or agency authorized to issue licenses or 1985
permits, including the United States Department of Agriculture, 1986
Animal and Plant Health Inspection Service, the Mississippi Board 1987
of Animal Health and the Mississippi Board of Health, of a 1988
veterinarian or veterinary technician of any matters listed in 1989
this section shall be admissible in evidence in any hearing held 1990
by the board to discipline such veterinarian or technician and 1991
shall constitute prima facie evidence of the commission of any 1992
such act. 1993
SECTION 23. Section 73-42-9, Mississippi Code of 1972, is 1994
amended as follows: 1995
73-42-9. (1) An applicant for registration shall submit an 1996
application for registration to the Secretary of State in a form 1997
prescribed by the Secretary of State. An application filed under 1998
this section is a public record. Except as otherwise provided in 1999
subsection (2), the application must be in the name of an 2000
individual, signed by the applicant under penalty of perjury and 2001
must state or contain: 2002
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 82 (aa\kr)

(a) The name of the applicant and the address of the 2003
applicant's principal place of business; 2004
(b) The name of the applicant's business or employer, 2005
if applicable; 2006
(c) Any business or occupation engaged in by the 2007
applicant for the five (5) years next preceding the date of 2008
submission of the application; 2009
(d) A description of the applicant's: 2010
(i) Formal training as an athlete agent; 2011
(ii) Practical experience as an athlete agent; and 2012
(iii) Educational background relating to the 2013
applicant's activities as an athlete agent; 2014
(e) The names and addresses of three (3) individuals 2015
not related to the applicant who are willing to serve as 2016
references; 2017
(f) The name, sport and last known team for each 2018
individual for whom the applicant provided services as an athlete 2019
agent during the five (5) years next preceding the date of 2020
submission of the application; 2021
(g) The names and addresses of all persons who are: 2022
(i) With respect to the athlete agent's business 2023
if it is not a corporation, the partners, officers, associates, 2024
individuals or profit-sharers; and 2025
(ii) With respect to a company or corporation 2026
employing the athlete agent, the officers, directors and any 2027
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 83 (aa\kr)

shareholder of the corporation or member with a five percent (5%) 2028
or greater interest; 2029
(h) Whether the applicant or any other person named 2030
pursuant to paragraph (g) has been convicted of a crime that, if 2031
committed in this state, would be a * * * disqualifying crime as 2032
provided in the Fresh Start Act, and identify the crime; 2033
(i) Whether there has been any administrative or 2034
judicial determination that the applicant or any other person 2035
named pursuant to paragraph (g) has made a false, misleading, 2036
deceptive or fraudulent representation; 2037
(j) Any instance in which the conduct of the applicant 2038
or any other person named pursuant to paragraph (g) resulted in 2039
the imposition of a sanction, suspension or declaration of 2040
ineligibility to participate in an interscholastic or 2041
intercollegiate athletic event on a student-athlete or educational 2042
institution; 2043
(k) Any sanction, suspension or disciplinary action 2044
taken against the applicant or any other person named pursuant to 2045
paragraph (g) arising out of occupational or professional conduct; 2046
(l) Whether there has been any denial of an application 2047
for, suspension or revocation of, or refusal to renew, the 2048
certification, registration or licensure of the applicant or any 2049
other person named pursuant to paragraph (g) as an athlete agent 2050
in any state; 2051
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 84 (aa\kr)

(m) Any pending litigation against the applicant in the 2052
applicant's capacity as an agent; 2053
(n) A list of all other states in which the applicant 2054
is currently licensed or registered as an athlete agent and a copy 2055
of each state's license or registration, as applicable; and 2056
(o) Consent to submit to a criminal background check 2057
before being issued a certificate of registration. Any fees 2058
connected with the background check shall be assessed to the 2059
applicant. 2060
(2) An individual who has submitted an application for, and 2061
received a certificate of, registration or licensure as an athlete 2062
agent in another state, may submit a copy of the application and a 2063
valid certificate of registration or licensure from the other 2064
state in lieu of submitting an application in the form prescribed 2065
pursuant to subsection (1), along with the information requested 2066
in paragraphs (l), (m), (n) and (o) of subsection (1). The 2067
Secretary of State shall accept the application and the 2068
certificate from the other state as an application for 2069
registration in this state if the application to the other state: 2070
(a) Was submitted in the other state within the six (6) 2071
months next preceding the submission of the application in this 2072
state and the applicant certifies the information contained in the 2073
application is current; 2074
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 85 (aa\kr)

(b) Contains information substantially similar to or 2075
more comprehensive than that required in an application submitted 2076
in this state; and 2077
(c) Was signed by the applicant under penalty of 2078
perjury. 2079
(3) An athlete agent must notify the Secretary of State 2080
within thirty (30) days whenever the information contained in any 2081
application for registration as an athlete agent in this state 2082
changes in a material way or is, or becomes, inaccurate or 2083
incomplete in any respect. Events requiring notice shall include, 2084
but are not limited to, the following: 2085
(a) Change in address of the athlete agent's principal 2086
place of business; 2087
(b) Conviction of a * * * disqualifying crime as 2088
provided in the Fresh Start Act by the athlete agent; 2089
(c) Denial, suspension, refusal to renew, or revocation 2090
of a registration or license of the athlete agent as an athlete 2091
agent in any state; or 2092
(d) Sanction, suspension or other disciplinary action 2093
taken against the athlete agent arising out of occupational or 2094
professional conduct. 2095
SECTION 24. Section 73-42-11, Mississippi Code of 1972, is 2096
amended as follows: 2097
73-42-11. (1) Except as otherwise provided in subsection 2098
(3), the Secretary of State shall issue a certificate of 2099
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 86 (aa\kr)

registration to an individual who complies with Section 2100
73-42-9(1). 2101
(2) Except as otherwise provided in subsection (3), the 2102
Secretary of State shall issue a certificate of registration to an 2103
individual whose application has been accepted under Section 2104
73-42-9(2). 2105
(3) The Secretary of State may refuse to issue a certificate 2106
of registration if they determine that the applicant has engaged 2107
in conduct that has a significant adverse effect on the 2108
applicant's fitness to serve as an athlete agent. In making the 2109
determination, the Secretary of State may consider whether the 2110
applicant has: 2111
(a) Been convicted of a crime in another state that, if 2112
committed in this state, would be a * * * disqualifying crime as 2113
provided in the Fresh Start Act; 2114
(b) Made a materially false, misleading, deceptive or 2115
fraudulent representation as an athlete agent or in the 2116
application; 2117
(c) Engaged in conduct that would disqualify the 2118
applicant from serving in a fiduciary capacity; 2119
(d) Engaged in conduct prohibited by Section 73-42-27; 2120
(e) Had a registration, licensure or certification as 2121
an athlete agent suspended, revoked, or denied or been refused 2122
renewal of registration, licensure or certification in any state; 2123
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 87 (aa\kr)

(f) Engaged in conduct or failed to engage in conduct 2124
the consequence of which was that a sanction, suspension or 2125
declaration of ineligibility to participate in an interscholastic 2126
or intercollegiate athletic event was imposed on a student-athlete 2127
or educational institution; or 2128
(g) Engaged in conduct that significantly adversely 2129
reflects on the applicant's trustworthiness or credibility. 2130
(4) In making a determination under subsection (3), the 2131
Secretary of State shall consider: 2132
(a) How recently the conduct occurred; 2133
(b) The nature of the conduct and the context in which 2134
it occurred; and 2135
(c) Any other relevant conduct of the applicant. 2136
(5) An athlete agent may apply to renew a registration by 2137
submitting an application for renewal in a form prescribed by the 2138
Secretary of State. An application filed under this section is a 2139
public record. The application for renewal must be signed by the 2140
applicant under penalty of perjury and must contain current 2141
information on all matters required in an original registration. 2142
(6) An individual who has submitted an application for 2143
renewal of registration or licensure in another state, in lieu of 2144
submitting an application for renewal in the form prescribed 2145
pursuant to subsection (5), may file a copy of the application for 2146
renewal and a valid certificate of registration from the other 2147
state. The Secretary of State shall accept the application for 2148
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 88 (aa\kr)

renewal from the other state as an application for renewal in this 2149
state if the application to the other state: 2150
(a) Was submitted in the other state within the last 2151
six (6) months and the applicant certifies the information 2152
contained in the application for renewal is current; 2153
(b) Contains information substantially similar to or 2154
more comprehensive than that required in an application for 2155
renewal submitted in this state; and 2156
(c) Was signed by the applicant under penalty of 2157
perjury. 2158
(7) Except as provided in Section 33-1-39, a certificate of 2159
registration or a renewal of a registration is valid for two (2) 2160
years. 2161
SECTION 25. Section 73-53-8, Mississippi Code of 1972, is 2162
amended as follows: 2163
73-53-8. (1) There is created the Board of Examiners for 2164
Social Workers and Marriage and Family Therapists to license and 2165
regulate social workers and marriage and family therapists. The 2166
board shall be composed of ten (10) members, six (6) of which 2167
shall be social workers and four (4) of which shall be marriage 2168
and family therapists. 2169
(2) Of the social worker members of the board, two (2) must 2170
be licensed social workers, and four (4) must be licensed master 2171
social workers or licensed certified social workers or a 2172
combination thereof. The marriage and family therapist members of 2173
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 89 (aa\kr)

the board must be licensed marriage and family therapists. For at 2174
least two (2) years immediately preceding his or her appointment, 2175
each marriage and family therapist appointee must have been 2176
actively engaged as a marriage and family therapist in rendering 2177
professional services in marriage and family therapy, or in the 2178
education and training of master's, doctoral or post-doctoral 2179
students of marriage and family therapy, or in marriage and family 2180
therapy research, and during the two (2) years preceding his or 2181
her appointment, must have spent the majority of the time devoted 2182
to that activity in this state. The initial marriage and family 2183
therapist appointees shall be deemed to be and shall become 2184
licensed practicing marriage and family therapists immediately 2185
upon their appointment and qualification as members of the board. 2186
All subsequent marriage and family therapist appointees to the 2187
board must be licensed marriage and family therapists before their 2188
appointment. 2189
(3) The Governor shall appoint six (6) members of the board, 2190
four (4) of which shall be social workers and two (2) of which 2191
shall be marriage and family therapists, and the Lieutenant 2192
Governor shall appoint four (4) members of the board, two (2) of 2193
which shall be social workers and two (2) of which shall be 2194
marriage and family therapists. Social worker members of the 2195
board shall be appointed from nominations submitted by the 2196
Mississippi Chapter of the National Association of Social Workers, 2197
and marriage and family therapist members of the board shall be 2198
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 90 (aa\kr)

appointed from nominations submitted by the Mississippi 2199
Association for Marriage and Family Therapy. All appointments 2200
shall be made with the advice and consent of the Senate. 2201
(4) The initial appointments to the board shall be made as 2202
follows: The Governor shall appoint one (1) social worker member 2203
for a term that expires on June 30, 1999, one (1) social worker 2204
member for a term that expires on June 30, 2001, two (2) social 2205
worker members for terms that expire on June 30, 2002, one (1) 2206
marriage and family therapist member for a term that expires on 2207
June 30, 1998, and one (1) marriage and family therapist member 2208
for a term that expires on June 30, 2000. The Lieutenant Governor 2209
shall appoint one (1) social worker member for a term that expires 2210
on June 30, 1998, one (1) social worker member for a term that 2211
expires on June 30, 2000, one (1) marriage and family therapist 2212
member for a term that expires on June 30, 1999, and one (1) 2213
marriage and family therapist member of the board for a term that 2214
expires on June 30, 2001. After the expiration of the initial 2215
terms, all subsequent appointments shall be made by the original 2216
appointing authorities for terms of four (4) years from the 2217
expiration date of the previous term. Upon the expiration of his 2218
or her term of office, a board member shall continue to serve 2219
until his or her successor has been appointed and has qualified. 2220
No person may be appointed more than once to fill an unexpired 2221
term or more than two (2) consecutive full terms. 2222
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 91 (aa\kr)

(5) Any vacancy on the board before the expiration of a term 2223
shall be filled by appointment of the original appointing 2224
authority for the remainder of the unexpired term. Appointments 2225
to fill vacancies shall be made from nominations submitted by the 2226
appropriate organization as specified in subsection (2) of this 2227
section for the position being filled. 2228
(6) The appointing authorities shall give due regard to 2229
geographic distribution, race and sex in making all appointments 2230
to the board. 2231
(7) The board shall select one (1) of its members to serve 2232
as chairman during the term of his or her appointment to the 2233
board. No person may serve as chairman for more than four (4) 2234
years. The board may remove any member of the board or the 2235
chairman from his or her position as chairman for (a) malfeasance 2236
in office, or (b) conviction of a * * * disqualifying crime as 2237
provided in the Fresh Start Act while in office, or (c) failure to 2238
attend three (3) consecutive board meetings. However, no member 2239
may be removed until after a public hearing of the charges against 2240
him or her, and at least thirty (30) days' prior written notice to 2241
the accused member of the charges against him or her and of the 2242
date fixed for such hearing. No board member shall participate in 2243
any matter before the board in which he has a pecuniary interest, 2244
personal bias or other similar conflict of interest. 2245
(8) Board members shall receive no compensation for their 2246
services, but shall be reimbursed for their actual and necessary 2247
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 92 (aa\kr)

expenses incurred in the performance of official board business as 2248
provided in Section 25-3-41. 2249
(9) Four (4) social worker members and three (3) marriage 2250
and family therapist members of the board shall constitute a 2251
quorum of the board. In making its decisions and taking actions 2252
affecting the members of one (1) of the professions regulated by 2253
the board, the board shall consider the recommendations of the 2254
board members who are members of that profession. If the board is 2255
unable to have a quorum present at a regularly scheduled meeting 2256
location, the board may allow other members to participate in the 2257
meeting by telephone or other electronic means. In the case of an 2258
administrative hearing, when recusals from the process are 2259
necessary, a quorum may consist of a simple majority of six (6) 2260
members. 2261
(10) The principal office of the board shall be in the City 2262
of Jackson, but the board may act and exercise all of its powers 2263
at any other place. The board shall adopt an official seal, which 2264
shall be judicially noticed and which shall be affixed to all 2265
licenses issued by the board. 2266
(11) The board is authorized to employ, subject to the 2267
approval of the State Personnel Board, an executive director and 2268
such attorneys, experts and other employees as it may, from time 2269
to time, find necessary for the proper performance of its duties 2270
and for which the necessary funds are available, and to set the 2271
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 93 (aa\kr)

salary of the executive director, subject to the approval of the 2272
State Personnel Board. 2273
(12) The board, by a majority vote, from time to time, may 2274
make such provisions as it deems appropriate to authorize the 2275
performance by any board member or members, employee or other 2276
agent of the board of any function given the board in this article 2277
or Sections 73-54-1 through 73-54-39. 2278
SECTION 26. Section 73-55-19, Mississippi Code of 1972, is 2279
amended as follows: 2280
73-55-19. (1) Any person licensed under this chapter may 2281
have his license revoked or suspended for a fixed period to be 2282
determined by the board for any of the following causes: 2283
(a) Being convicted of an offense involving * * * a 2284
disqualifying crime as provided in the Fresh Start Act. The 2285
record of such conviction, or certified copy thereof from the 2286
clerk of the court where such conviction occurred or by the judge 2287
of that court, shall be sufficient evidence to warrant revocation 2288
or suspension. 2289
(b) By securing a license under this chapter through 2290
fraud or deceit. 2291
(c) For unethical conduct or for gross ignorance or 2292
inefficiency in the conduct of his practice. 2293
(d) For knowingly practicing while suffering with a 2294
contagious or infectious disease. 2295
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 94 (aa\kr)

(e) For the use of a false name or alias in the 2296
practice of his profession. 2297
(f) For violating any of the provisions of this 2298
chapter. 2299
(2) Any person, whose license is sought to be revoked or 2300
suspended under the provisions of this chapter, shall be given 2301
thirty (30) days' notice, in writing, enumerating the charges and 2302
specifying a date for public hearing thereon. The hearing shall 2303
be held in the county where the person's business is conducted. 2304
The board may issue subpoenas, compel the attendance and testimony 2305
of witnesses, and place them under oath, the same as any court of 2306
competent jurisdiction where the hearing takes place. 2307
(3) At all hearings the board may designate in writing one 2308
or more persons deemed competent by the board to conduct the 2309
hearing as trial examiner or trial committee, with the decision to 2310
be rendered in accordance with the provisions of subsection (4) of 2311
this section. 2312
(4) After a hearing has been completed the trial examiner or 2313
trial committee who conducted the hearing shall proceed to 2314
consider the case and, as soon as practicable, shall render a 2315
decision. In any case, the decision must be rendered within sixty 2316
(60) days after the hearing. The decision shall contain: 2317
(a) The findings of fact made by the trial examiner or 2318
trial committee; 2319
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 95 (aa\kr)

(b) Conclusions of law reached by the trial examiner or 2320
trial committee; and 2321
(c) The order based upon these findings of fact and 2322
conclusions of law. 2323
(5) From any revocation or suspension, the person charged 2324
may, within thirty (30) days thereof, appeal to the chancery court 2325
of the county where the hearing was held. 2326
(6) Notice of appeals shall be filed in the office of the 2327
clerk of the court, who shall issue a writ of certiorari directed 2328
to the board, commanding it within ten (10) days after service 2329
thereof to certify to such court its entire record in the matter 2330
in which the appeal has been taken. The appeal shall thereupon be 2331
heard in the due course by said court without a jury, and the 2332
court shall review the record and make its determination of the 2333
cause between the parties. 2334
(7) If there is an appeal, such appeal may, in the 2335
discretion of and on motion to the chancery court, act as a 2336
supersedeas. The chancery court shall dispose of the appeal and 2337
enter its decision promptly. The hearing on the appeal may, in 2338
the discretion of the chancellor, be tried in vacation. 2339
(8) Any person taking an appeal shall post a satisfactory 2340
bond in the amount of Two Hundred Dollars ($200.00) for payment of 2341
any costs which may be adjudged against him. 2342
(9) In addition to the reasons specified in subsection (1) 2343
of this section, the board shall be authorized to suspend the 2344
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 96 (aa\kr)

license of any licensee for being out of compliance with an order 2345
for support, as defined in Section 93-11-153. The procedure for 2346
suspension of a license for being out of compliance with an order 2347
for support, and the procedure for the reissuance or reinstatement 2348
of a license suspended for that purpose, and the payment of any 2349
fees for the reissuance or reinstatement of a license suspended 2350
for that purpose, shall be governed by Section 93-11-157 or 2351
93-11-163, as the case may be. Actions taken by the board in 2352
suspending a license when required by Section 93-11-157 or 2353
93-11-163 are not actions from which an appeal may be taken under 2354
this section. Any appeal of a license suspension that is required 2355
by Section 93-11-157 or 93-11-163 shall be taken in accordance 2356
with the appeal procedure specified in Section 93-11-157 or 2357
93-11-163, as the case may be, rather than the procedure specified 2358
in this section. If there is any conflict between any provision 2359
of Section 93-11-157 or 93-11-163 and any provision of this 2360
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 2361
case may be, shall control. 2362
SECTION 27. Section 73-65-13, Mississippi Code of 1972, is 2363
amended as follows: 2364
73-65-13. (1) The board may deny any application, or 2365
suspend or revoke any license held or applied for under the 2366
provisions of Section 73-65-7 if the person: 2367
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 97 (aa\kr)

(a) Is found guilty of fraud, deceit, or 2368
misrepresentation in procuring or attempting to procure a license 2369
to practice art therapy; 2370
(b) Is adjudicated mentally incompetent; 2371
(c) Is found guilty of a * * * disqualifying crime as 2372
provided in the Fresh Start Act; 2373
(d) Is found guilty of unprofessional or unethical 2374
conduct in this or any other jurisdiction; 2375
(e) Has been using any controlled substance or 2376
alcoholic beverage to an extent or in a manner dangerous to the 2377
person, any other person, or the public, or to an extent that the 2378
use impairs the ability to perform as a licensed professional art 2379
therapist; 2380
(f) Has violated any provision of this chapter; or 2381
(g) Willfully or negligently divulges a professional 2382
confidence. 2383
(2) A certified copy of the record of conviction shall be 2384
conclusive evidence of the conviction. 2385
(3) Disciplinary proceedings may be initiated upon the 2386
receipt by the board of a sworn complaint by any person, including 2387
members of the board. 2388
SECTION 28. Section 73-71-33, Mississippi Code of 1972, is 2389
amended as follows: 2390
73-71-33. The following acts constitute grounds for which 2391
the board may initiate disciplinary actions: 2392
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 98 (aa\kr)

(a) Attempting to obtain, or renewing a license to 2393
practice acupuncture by bribery or misinterpretation; 2394
(b) Having a license to practice acupuncture revoked, 2395
suspended, or otherwise acted against, including the denial of 2396
licensure by the licensing authority of another state or territory 2397
for reasons that would preclude licensure in this state; 2398
(c) Being convicted or found guilty, regardless of 2399
adjudication, in any jurisdiction of a * * * disqualifying crime 2400
as provided in the Fresh Start Act or a crime that directly 2401
relates to acupuncture. For the purposes of this paragraph, a 2402
plea of guilty or a plea of nolo contendere accepted by the court 2403
shall be considered as a conviction; 2404
(d) Advertising, practicing, or attempting to practice 2405
under a name other than one's own; 2406
(e) The use of advertising or solicitation that is 2407
false or misleading; 2408
(f) Aiding, assisting, procuring, employing or 2409
advertising an unlicensed person to practice acupuncture contrary 2410
to this chapter or a rule of the board; 2411
(g) Failing to perform any statutory or legal 2412
obligation placed upon an acupuncture practitioner; 2413
(h) Making or filing a report that the licensee knows 2414
to be false, intentionally or negligently failing to file a report 2415
required by state or federal law, willfully impeding or 2416
obstructing that filing or inducing another person to do so. 2417
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 99 (aa\kr)

Those reports shall include only those that are signed in the 2418
capacity of an acupuncture practitioner; 2419
(i) Exercising coercion, intimidation or undue 2420
influence in entering into sexual relations with a patient, or 2421
continuing the patient-practitioner relationship with a patient 2422
with whom the licensee has sexual relations, if those sexual 2423
relations cause the licensee to perform services incompetently. 2424
This paragraph shall not apply to sexual relations between 2425
acupuncture practitioners and their spouses; 2426
(j) Making deceptive, untrue or fraudulent 2427
misrepresentations in the practice of acupuncture; 2428
(k) Soliciting patients, either personally or through 2429
an agent, through the use of fraud, intimidation or undue 2430
influence, or a form of overreaching conduct; 2431
(l) Failing to keep written medical records justifying 2432
the course of treatment of the patient; 2433
(m) Exercising undue influence on the patient to 2434
exploit the patient for financial gain of the licensee or of a 2435
third party; 2436
(n) Being unable to practice acupuncture with 2437
reasonable skill and safety to patients by reason of illness or 2438
intemperate use of alcohol, drugs, narcotics, chemicals, or any 2439
other type of material or as a result of any mental or physical 2440
condition; 2441
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 100 (aa\kr)

(o) Malpractice or the failure to practice acupuncture 2442
to that level of care, skill and treatment that is recognized by a 2443
reasonably prudent similar practitioner of acupuncture as being 2444
acceptable under similar conditions and circumstances; 2445
(p) Practicing or offering to practice beyond the scope 2446
permitted by law or accepting or performing professional 2447
responsibilities that the licensee knows or has reason to know 2448
that he or she is not qualified by training, experience or 2449
certification to perform; 2450
(q) Delegating professional responsibilities to a 2451
person when the licensee delegating those responsibilities knows, 2452
or has reason to know, that the person is not qualified by 2453
training, experience or licensure to perform them; 2454
(r) Violating any provision of this chapter, a rule of 2455
the board, or a lawful order of the board previously entered in a 2456
disciplinary hearing or failing to comply with a lawfully issued 2457
subpoena of the board; 2458
(s) Conspiring with another to commit an act, or 2459
committing an act, that coerces, intimidates or precludes another 2460
licensee from lawfully advertising or providing his or her 2461
services; 2462
(t) Fraud or deceit, or gross negligence, incompetence 2463
or misconduct in the operation of a course of study; 2464
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 101 (aa\kr)

(u) Failing to comply with state, county or municipal 2465
regulations or reporting requirements relating to public health 2466
and the control of contagious and infectious disease; 2467
(v) Failing to comply with any rule of the board 2468
relating to health and safety, including, but not limited to, 2469
sterilization of equipment and the disposal of potentially 2470
infectious materials; 2471
(w) Incompetence, gross negligence or other malpractice 2472
in the practice of acupuncture; 2473
(x) Aiding the unlawful practice of acupuncture; 2474
(y) Fraud or dishonesty in the application or reporting 2475
of any test for disease; 2476
(z) Failure to report, as required by law, or making 2477
false or misleading report of, any contagious or infectious 2478
disease; 2479
(aa) Failure to keep accurate patient records; or 2480
(bb) Failure to permit the board or its agents to enter 2481
and inspect acupuncture premises and equipment as set by rules 2482
promulgated by the board. 2483
SECTION 29. Section 73-73-7, Mississippi Code of 1972, is 2484
amended as follows: 2485
73-73-7. (1) Beginning on July 1, 2012, the board and 2486
Interior Design Advisory Committee shall receive applications for 2487
certification as a Mississippi Certified Interior Designer on 2488
forms prescribed and furnished by the board and IDAC. 2489
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 102 (aa\kr)

(2) Upon receipt of an application, the board, upon the 2490
recommendation of IDAC, may approve the application, provided the 2491
applicant meets one (1) of the following requirements: 2492
(a) The applicant passed the IDQE as administered by 2493
NCIDQ before January 1, 2012; 2494
(b) The applicant has a degree in interior design from 2495
a program accredited by the CIDA, a degree in architecture from a 2496
program accredited by the National Architectural Accreditation 2497
Board (NAAB), or a four-year degree in interior design from a 2498
college or university approved by the regulatory board. 2499
Additionally, the applicant must have passed the IDQE as 2500
administered by NCIDQ or its approved successor; 2501
(c) The applicant is a licensed architect in the State 2502
of Mississippi who has passed the IDQE as administered by NCIDQ or 2503
its approved successor; or 2504
(d) The applicant is a licensed engineer in the State 2505
of Mississippi who has passed the IDQE as administered by NCIDQ or 2506
its approved successor. 2507
(3) The applicant must exhibit to the regulatory board and 2508
IDAC the applicant's good standing in the profession * * *. 2509
Except as otherwise provided in this subsection, any of the 2510
following acts shall preclude an applicant's eligibility as a 2511
candidate for certification: 2512
(a) Conviction by any court for commission of any * * * 2513
disqualifying crime as provided in the Fresh Start Act. 2514
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 103 (aa\kr)

(b) Conviction by any court of a misdemeanor involving 2515
fraud, deceit or misrepresentation. 2516
(c) Misstatement or misrepresentation of fact by the 2517
applicant in connection with the applicant's application for 2518
certification in this state or another jurisdiction. 2519
(d) Violation of any of the rules of conduct required 2520
of applicants or interior designers as adopted by the board. 2521
If the board determines that the applicant has shown clear 2522
and convincing evidence of rehabilitation and reform, the board 2523
may certify an applicant otherwise precluded from consideration 2524
because of an act prohibited under this subsection. A decision to 2525
certify an applicant notwithstanding the applicant's violation of 2526
an act prohibited under this subsection is in the sole discretion 2527
of the board and upon such terms, conditions and evidence as the 2528
board may require. 2529
(4) The board and IDAC may require that the applicant appear 2530
before the board for a personal interview. 2531
(5) The board, upon the recommendation of IDAC, may adopt or 2532
develop alternate routes of eligibility and examination 2533
requirements based on standards as set forth by NCIDQ or its 2534
approved successor. 2535
(6) Any application submitted to the board and IDAC may be 2536
denied for any violation of the provisions of this chapter. 2537
SECTION 30. Section 73-75-19, Mississippi Code of 1972, is 2538
amended as follows: 2539
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 104 (aa\kr)

73-75-19. (1) The board, by an affirmative vote of at least 2540
three (3) of its five (5) members, shall withhold, deny, revoke or 2541
suspend any license issued or applied for in accordance with the 2542
provisions of this chapter, or otherwise discipline a licensed 2543
behavior analyst or licensed assistant behavior analyst upon 2544
finding that the applicant or licensee: 2545
(a) Has violated the current Behavior Analyst 2546
Certification Board Professional Disciplinary and Ethical 2547
Standards, the Behavior Analyst Certification Board Guidelines for 2548
Responsible Conduct for Behavior Analysts, or other codes of 2549
ethical standards adopted by the board, or has lost or failed to 2550
renew certification by the Behavior Analyst Certification Board; 2551
or 2552
(b) Has been convicted of a * * * disqualifying crime 2553
as provided in the Fresh Start Act, the record of conviction being 2554
conclusive evidence thereof; or 2555
(c) Is using any narcotic or any alcoholic beverage to 2556
an extent or in a manner dangerous to any other person or the 2557
public, or to an extent that such use impairs his ability to 2558
perform the work of a licensed behavior analyst or licensed 2559
assistant behavior analyst; or 2560
(d) Has impersonated another person holding a license 2561
issued under this chapter or allowed another person to use his 2562
license; or 2563
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 105 (aa\kr)

(e) Has used fraud or deception in applying for a 2564
license provided for in this chapter; or 2565
(f) Has accepted commissions or rebates or other forms 2566
of remuneration for referring clients to other professional 2567
persons; or 2568
(g) Has allowed his name or license issued under this 2569
chapter to be used in connection with any person or persons who 2570
perform applied behavior analysis services outside the area of 2571
their training, experience or competence; or 2572
(h) Is legally adjudicated mentally incompetent, the 2573
record of such adjudication being conclusive evidence thereof; or 2574
(i) Has willfully or negligently violated any of the 2575
provisions of this chapter. 2576
(2) The board may recover from any person disciplined under 2577
this chapter the costs of investigation, prosecution, and 2578
adjudication of the disciplinary action. 2579
(3) Notice shall be effected by registered mail or personal 2580
service setting forth the particular reasons for the proposed 2581
action and fixing a date not less than thirty (30) days nor more 2582
than sixty (60) days from the date of such mailing or such 2583
service, at which time the applicant or licensee shall be given an 2584
opportunity for a prompt and fair hearing. For the purpose of 2585
such hearing the board, acting by and through its executive 2586
secretary, may exercise all authority granted to conduct 2587
investigations and hearings pursuant to Section 73-75-9(2)(a) and 2588
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 106 (aa\kr)

(b). At such hearing the applicant or licensee may appear by 2589
counsel and personally on his own behalf. On the basis of any 2590
such hearing, or upon default of applicant or licensee, the board 2591
shall make a determination specifying its findings of fact and 2592
conclusions of law. A copy of such determination shall be sent by 2593
registered mail or served personally upon the applicant or 2594
licensee. The decision of the board denying, revoking or 2595
suspending the license shall become final thirty (30) days after 2596
so mailed or served unless within that period the licensee appeals 2597
the decision to the Chancery Court of Madison or Rankin Counties, 2598
pursuant to the provisions hereof, and the proceedings in chancery 2599
shall be conducted as other matters coming before the court. All 2600
proceedings and evidence, together with exhibits, presented at 2601
such hearing before the board in the event of appeal, shall be 2602
admissible in evidence in the court. 2603
(4) Nothing in this subsection shall be interpreted to 2604
prohibit the board from immediately suspending any license prior 2605
to a hearing under subsection (3) of this section, when in its 2606
sole discretion the suspension is required for the instruction, 2607
safety or well-being of any member of the public. 2608
(5) Every order and judgment of the board shall take effect 2609
immediately upon its promulgation unless the board in such order 2610
or judgment fixes a probationary period for applicant or licensee. 2611
Such order and judgment shall continue in effect unless upon 2612
appeal the court by proper order or decree terminates it earlier. 2613
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 107 (aa\kr)

The board may make public its order and judgments in such manner 2614
and form as it deems proper. 2615
(6) Suspension by the board of a license issued under this 2616
chapter shall be for a period not to exceed one (1) year. At the 2617
end of this period the board shall reevaluate the suspension, and 2618
shall either reinstate or revoke the license. A person whose 2619
license has been revoked under the provisions of this section may 2620
reapply for license after more than two (2) years have elapsed 2621
from the date such revocation is legally effective. 2622
(7) In addition to the reasons specified in subsection (1) 2623
of this section, the board shall be authorized to suspend the 2624
license of any licensee for being out of compliance with an order 2625
for support, in compliance with the procedures set forth in 2626
Sections 93-11-151 through 93-11-163. 2627
SECTION 31. Section 75-76-131, Mississippi Code of 1972, is 2628
amended as follows: 2629
75-76-131. (1) The executive director shall: 2630
(a) Ascertain and keep himself informed of the 2631
identity, prior activities and present location of all gaming 2632
employees in the State of Mississippi; and 2633
(b) Maintain confidential records of such information. 2634
(2) No person may be employed as a gaming employee unless he 2635
is the holder of a work permit issued by the commission. 2636
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 108 (aa\kr)

(3) A work permit issued to a gaming employee must have 2637
clearly imprinted thereon a statement that it is valid for gaming 2638
purposes only. 2639
(4) Application for a work permit is to be made to the 2640
executive director and may be granted or denied for any cause 2641
deemed reasonable by the commission. Whenever the executive 2642
director denies such an application, he shall include in the 2643
notice of the denial a statement of the facts upon which he relied 2644
in denying the application. 2645
(5) Any person whose application for a work permit has been 2646
denied by the executive director may, not later than sixty (60) 2647
days after receiving notice of the denial or objection, apply to 2648
the commission for a hearing before a hearing examiner. A failure 2649
of a person whose application has been denied to apply for a 2650
hearing within sixty (60) days or his failure to appear at a 2651
hearing conducted pursuant to this section shall be deemed to be 2652
an admission that the denial or objection is well founded and 2653
precludes administrative or judicial review. At the hearing, the 2654
hearing examiner appointed by the commission shall take any 2655
testimony deemed necessary. After the hearing the hearing 2656
examiner shall within thirty (30) days after the date of the 2657
hearing announce his decision sustaining or reversing the denial 2658
of the work permit or the objection to the issuance of a work 2659
permit. The executive director may refuse to issue a work permit 2660
if the applicant has: 2661
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 109 (aa\kr)

(a) Failed to disclose, misstated or otherwise 2662
attempted to mislead the commission with respect to any material 2663
fact contained in the application for the issuance or renewal of a 2664
work permit; 2665
(b) Knowingly failed to comply with the provisions of 2666
this chapter or the regulations of the commission at a place of 2667
previous employment; 2668
(c) Committed, attempted or conspired to commit any 2669
crime of * * * embezzlement or larceny or any violation of any law 2670
pertaining to gaming, or any crime which is inimical to the 2671
declared policy of this state concerning gaming; 2672
(d) Been identified in the published reports of any 2673
federal or state legislative or executive body as being a member 2674
or associate of organized crime, or as being of notorious and 2675
unsavory reputation; 2676
(e) Been placed and remains in the constructive custody 2677
of any federal, state or municipal law enforcement authority; 2678
(f) Had a work permit revoked or committed any act 2679
which is a ground for the revocation of a work permit or would 2680
have been a ground for revoking his work permit if he had then 2681
held a work permit; or 2682
(g) For any other reasonable cause. 2683
The executive director shall refuse to issue a work permit if 2684
the applicant has committed, attempted or conspired to commit a 2685
crime which is a * * * disqualifying crime as provided in the 2686
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 110 (aa\kr)

Fresh Start Act in this state or an offense in another state or 2687
jurisdiction which would be a * * * disqualifying crime as 2688
provided in the Fresh Start Act if committed in this state. 2689
(6) Any applicant aggrieved by the decision of the hearing 2690
examiner may, within fifteen (15) days after the announcement of 2691
the decision, apply in writing to the commission for review of the 2692
decision. Review is limited to the record of the proceedings 2693
before the hearing examiner. The commission may sustain or 2694
reverse the hearing examiner's decision. The commission may 2695
decline to review the hearing examiner's decision, in which case 2696
the hearing examiner's decision becomes the final decision of the 2697
commission. The decision of the commission is subject to judicial 2698
review. 2699
(7) All records acquired or compiled by the commission 2700
relating to any application made pursuant to this section and all 2701
lists of persons to whom work permits have been issued or denied 2702
and all records of the names or identity of persons engaged in the 2703
gaming industry in this state are confidential and must not be 2704
disclosed except in the proper administration of this chapter or 2705
to an authorized law enforcement agency. Any record of the 2706
commission which shows that the applicant has been convicted of a 2707
disqualifying crime in another state must show whether the crime 2708
was a misdemeanor, gross misdemeanor, felony or other class of 2709
crime as classified by the state in which the crime was committed. 2710
In a disclosure of the conviction, reference to the classification 2711
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 111 (aa\kr)

of the crime must be based on the classification in the state 2712
where it was committed. 2713
(8) A work permit expires unless renewed within ten (10) 2714
days after a change of place of employment or if the holder 2715
thereof is not employed as a gaming employee within the 2716
jurisdiction of the issuing authority for more than ninety (90) 2717
days. 2718
(9) Notice of any objection to or denial of a work permit by 2719
the executive director as provided pursuant to this section is 2720
sufficient if it is mailed to the applicant's last known address 2721
as indicated on the application for a work permit. The date of 2722
mailing may be proven by a certificate signed by the executive 2723
director or his designee that specifies the time the notice was 2724
mailed. The notice is presumed to have been received by the 2725
applicant five (5) days after it is deposited with the United 2726
States Postal Service with the postage thereon prepaid. 2727
SECTION 32. Section 83-7-207, Mississippi Code of 1972, is 2728
amended as follows: 2729
83-7-207. (1) The commissioner may suspend, revoke or 2730
refuse to renew the license of a viatical settlement provider, 2731
viatical settlement representative or viatical settlement broker 2732
if the commissioner finds that: 2733
(a) There was any material misrepresentation in the 2734
application for the license; 2735
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 112 (aa\kr)

(b) The licensee or any officer, partner or key 2736
management personnel has been convicted of fraudulent or dishonest 2737
practices, is subject to a final administrative action or is 2738
otherwise shown to be untrustworthy or incompetent; 2739
(c) The viatical settlement provider demonstrates a 2740
pattern of unreasonable payments to viators; 2741
(d) The licensee has been found guilty of, or has 2742
pleaded guilty or nolo contendere to, any * * * disqualifying 2743
crime as provided in the Fresh Start Act; 2744
(e) The viatical settlement provider has failed to 2745
honor contractual obligations set out in a viatical settlement 2746
contract; 2747
(f) The licensee no longer meets the requirements for 2748
initial licensure; 2749
(g) The viatical settlement provider has assigned, 2750
transferred or pledged a viaticated policy to a person other than 2751
a viatical settlement provider licensed in this state or a 2752
financing entity; or 2753
(h) The licensee has violated any provisions of 2754
Sections 83-7-201 through 83-7-223. 2755
(2) Before the commissioner shall deny a license application 2756
or suspend, revoke or refuse to renew the license of a viatical 2757
settlement provider, viatical settlement broker or viatical 2758
settlement representative, the commissioner shall conduct a 2759
hearing in accordance with Section 25-43-1.101 et seq. 2760
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 113 (aa\kr)

SECTION 33. Section 83-39-15, Mississippi Code of 1972, is 2761
amended as follows: 2762
83-39-15. (1) The department may deny, suspend, revoke or 2763
refuse to renew, as may be appropriate, a license to engage in the 2764
business of professional bail agent, soliciting bail agent, or 2765
bail enforcement agent for any of the following reasons: 2766
(a) Any cause for which the issuance of the license 2767
would have been refused had it then existed and been known to the 2768
department. 2769
(b) Failure to post a qualification bond in the 2770
required amount with the department during the period the person 2771
is engaged in the business within this state or, if the bond has 2772
been posted, the forfeiture or cancellation of the bond. 2773
(c) Material misstatement, misrepresentation or fraud 2774
in obtaining the license. 2775
(d) Willful failure to comply with, or willful 2776
violation of, any provision of this chapter or of any proper 2777
order, rule or regulation of the department or any court of this 2778
state. 2779
(e) Conviction of * * * a disqualifying crime as 2780
provided in the Fresh Start Act. 2781
(f) Default in payment to the court should any bond 2782
issued by such bail agent be forfeited by order of the court. 2783
(g) Being elected or employed as a law enforcement or 2784
judicial official. 2785
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 114 (aa\kr)

(h) Engaging in the practice of law. 2786
(i) Writing a bond in violation of Section 2787
83-39-3(2)(b)(i) and (ii). 2788
(j) Giving legal advice or a legal opinion in any form. 2789
(k) Acting as or impersonating a bail agent without a 2790
license. 2791
(l) Use of any other trade name than what is submitted 2792
on a license application to the department. 2793
(m) Issuing a bail bond that contains information 2794
intended to mislead a court about the proper delivery by personal 2795
service or certified mail of a writ of scire facias, judgment nisi 2796
or final judgment. 2797
(2) In addition to the grounds specified in subsection (1) 2798
of this section, the department shall be authorized to suspend the 2799
license, registration or permit of any person for being out of 2800
compliance with an order for support, as defined in Section 2801
93-11-153. The procedure for suspension of a license, 2802
registration or permit for being out of compliance with an order 2803
for support, and the procedure for the reissuance or reinstatement 2804
of a license, registration or permit suspended for that purpose, 2805
and the payment of any fees for the reissuance or reinstatement of 2806
a license, registration or permit suspended for that purpose, 2807
shall be governed by Section 93-11-157 or 93-11-163, as the case 2808
may be. If there is any conflict between any provision of Section 2809
93-11-157 or 93-11-163 and any provision of this chapter, the 2810
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 115 (aa\kr)

provisions of Section 93-11-157 or 93-11-163, as the case may be, 2811
shall control. 2812
(3) In addition to the sanctions provided in this section, 2813
the department may assess an administrative fine in an amount not 2814
to exceed One Thousand Dollars ($1,000.00) per violation. Such 2815
administrative fines shall be in addition to any criminal 2816
penalties assessed under Section 99-5-1. 2817
SECTION 34. Section 9-13-109, Mississippi Code of 1972, is 2818
amended as follows: 2819
9-13-109. Every applicant for certification shall have 2820
reached the age of majority * * * and be a resident citizen of the 2821
State of Mississippi. Further, every applicant shall meet the 2822
criteria established by the board for certification or shall meet 2823
the requirements of Section 9-13-109. 2824
SECTION 35. Section 21-27-131, Mississippi Code of 1972, is 2825
amended as follows: 2826
21-27-131. No person may drive or operate motor vehicles for 2827
hire in any city or town in this state unless he shall first have 2828
been licensed so to do as follows: he shall make application to 2829
the mayor of such municipality in writing, accompanied by a 2830
statement of some reputable citizen thereof, that the applicant is 2831
over the age of eighteen (18) years, an experienced driver, * * * 2832
and physically and mentally capacitated to drive and operate such 2833
motor vehicle. The mayor shall place such application before the 2834
board of aldermen, or other governing authorities, whereupon 2835
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 116 (aa\kr)

inquiry may be made by such governing authorities into the * * * 2836
mental and physical fitness of the applicant. If the permit shall 2837
be granted the applicant shall receive a certificate of such 2838
permit, signed by the mayor, together with an identification 2839
badge, and the name of the municipality thereon, and which shall 2840
be worn so that the same will be displayed while engaged in or 2841
about such occupation. The governing authorities of the 2842
municipality may require the applicant to give a reasonable bond, 2843
of not more than Five Hundred Dollars ($500.00), to guarantee the 2844
faithful observance of the law as well as the rules and 2845
regulations which may be prescribed by the said municipality, and 2846
they may also require a reasonable fee, for such permit and badge. 2847
In the event the governing authority of such municipality refuse 2848
to grant such permit to an applicant, an appeal may be taken to 2849
the circuit court, in the manner provided by law for appealing 2850
from other orders of the governing authorities of municipalities, 2851
and the questions to be tried upon appeal will be as to the age 2852
and experience and the moral, mental and physical fitness of the 2853
said applicant to pursue such vocation in such municipality. 2854
SECTION 36. Section 21-27-151, Mississippi Code of 1972, is 2855
amended as follows: 2856
21-27-151. No person may drive or operate any bus of a 2857
transportation system for the transportation of passengers within 2858
any city or town in this state, where the operation of such bus is 2859
subject to regulation by the authorities of such city or town 2860
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 117 (aa\kr)

under Section 21-27-121, unless he shall first have been licensed 2861
so to do as follows: he shall make application to the mayor of 2862
such municipality in writing, accompanied by a statement of some 2863
reputable citizen thereof, that the applicant is over the age of 2864
eighteen (18) years, an experienced driver, * * * and physically 2865
and mentally capacitated to drive and operate such motor vehicle. 2866
The mayor shall place such application before the board of 2867
aldermen, or other governing authorities, whereupon inquiry may be 2868
made by such governing authorities into the * * * and mental and 2869
physical fitness of the applicant. If the permit shall be granted 2870
the applicant shall receive a license, signed by the mayor, 2871
together with a metallic badge, which shall have a number and the 2872
name of the municipality thereon, and which shall be worn so that 2873
the same will be displayed while engaged in or about such 2874
occupation. The governing authorities of the municipality may 2875
require the applicant to give a reasonable bond, of not more than 2876
Five Hundred Dollars ($500.00), to guarantee the faithful 2877
observance of the law as well as the rules and regulations which 2878
may be prescribed by the said municipality, and they may also 2879
require a reasonable fee, not to exceed Five Dollars ($5.00) for 2880
such license, which said license fee shall be paid into the 2881
general fund of such municipality. In the event the governing 2882
authority of such municipality refuse to grant such license to an 2883
applicant, an appeal may be taken to the circuit court, in the 2884
manner provided by law for appealing from other orders of the 2885
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 118 (aa\kr)

governing authorities of municipalities, and the questions to be 2886
tried upon appeal will be as to the age and experience and 2887
the * * * mental and physical fitness of the said applicant to 2888
pursue such vocation in such municipality. 2889
SECTION 37. Section 27-109-5, Mississippi Code of 1972, is 2890
amended as follows: 2891
27-109-5. (1) Any person who the tax commission determines 2892
is qualified to receive a license or is found suitable under the 2893
provisions of this chapter, having due consideration for the 2894
proper protection of the health, safety, morals, good order and 2895
general welfare of the inhabitants of the State of Mississippi and 2896
the declared policy of this state, may be issued a state privilege 2897
license for the operation of a cruise vessel. The burden of 2898
proving his qualification to receive any license or be found 2899
suitable is on the applicant. 2900
(2) An application to receive a license shall not be granted 2901
unless the commission is satisfied that the applicant is: 2902
(a) A person of * * * honesty and integrity; 2903
(b) A person whose prior activities, criminal record, 2904
if any, reputation, habits and associations do not pose a threat 2905
to the public interest of this state or to the effective 2906
regulation and control of cruise vessels, or create or enhance the 2907
dangers of unsuitable, unfair or illegal practices, methods and 2908
activities in the operation of cruise vessels or the carrying on 2909
of the business and financial arrangements incidental thereto; and 2910
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 119 (aa\kr)

(c) In all other respects qualified to be licensed or 2911
found suitable consistently with the declared policy of the state. 2912
(3) A license to operate a cruise vessel shall not be 2913
granted unless the applicant has satisfied the commission that: 2914
(a) He has adequate business probity, competence and 2915
experience, in the operation of cruise vessels or generally; and 2916
(b) The proposed financing of the entire operation is: 2917
(i) Adequate for the nature of the proposed 2918
operation; and 2919
(ii) From a suitable source. Any lender or other 2920
source of money or credit which the commission finds does not meet 2921
the standards set forth in subsection (2) may be deemed 2922
unsuitable. 2923
SECTION 38. Section 37-3-2, Mississippi Code of 1972, is 2924
amended as follows: 2925
37-3-2. (1) There is established within the State 2926
Department of Education the Commission on Teacher and 2927
Administrator Education, Certification and Licensure and 2928
Development. It shall be the purpose and duty of the commission 2929
to make recommendations to the State Board of Education regarding 2930
standards for the certification and licensure and continuing 2931
professional development of those who teach or perform tasks of an 2932
educational nature in the public schools of Mississippi. 2933
(2) (a) The commission shall be composed of fifteen (15) 2934
qualified members. The membership of the commission shall be 2935
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 120 (aa\kr)

composed of the following members to be appointed, three (3) from 2936
each of the four (4) congressional districts, as such districts 2937
existed on January 1, 2011, in accordance with the population 2938
calculations determined by the 2010 federal decennial census, 2939
including: four (4) classroom teachers; three (3) school 2940
administrators; one (1) representative of schools of education of 2941
public institutions of higher learning located within the state to 2942
be recommended by the Board of Trustees of State Institutions of 2943
Higher Learning; one (1) representative from the schools of 2944
education of independent institutions of higher learning to be 2945
recommended by the Board of the Mississippi Association of 2946
Independent Colleges; one (1) representative from public community 2947
and junior colleges located within the state to be recommended by 2948
the Mississippi Community College Board; one (1) local school 2949
board member; and four (4) laypersons. Three (3) members of the 2950
commission, at the sole discretion of the State Board of 2951
Education, shall be appointed from the state at large. 2952
(b) All appointments shall be made by the State Board 2953
of Education after consultation with the State Superintendent of 2954
Public Education. The first appointments by the State Board of 2955
Education shall be made as follows: five (5) members shall be 2956
appointed for a term of one (1) year; five (5) members shall be 2957
appointed for a term of two (2) years; and five (5) members shall 2958
be appointed for a term of three (3) years. Thereafter, all 2959
members shall be appointed for a term of four (4) years. 2960
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 121 (aa\kr)

(3) The State Board of Education when making appointments 2961
shall designate a chairman. The commission shall meet at least 2962
once every two (2) months or more often if needed. Members of the 2963
commission shall be compensated at a rate of per diem as 2964
authorized by Section 25-3-69 and be reimbursed for actual and 2965
necessary expenses as authorized by Section 25-3-41. 2966
(4) (a) An appropriate staff member of the State Department 2967
of Education shall be designated and assigned by the State 2968
Superintendent of Public Education to serve as executive secretary 2969
and coordinator for the commission. No less than two (2) other 2970
appropriate staff members of the State Department of Education 2971
shall be designated and assigned by the State Superintendent of 2972
Public Education to serve on the staff of the commission. 2973
(b) An Office of Educator Misconduct Evaluations shall 2974
be established within the State Department of Education to assist 2975
the commission in responding to infractions and violations, and in 2976
conducting hearings and enforcing the provisions of subsections 2977
(11), (12), (13), (14) and (15) of this section, and violations of 2978
the Mississippi Educator Code of Ethics. 2979
(5) It shall be the duty of the commission to: 2980
(a) Set standards and criteria, subject to the approval 2981
of the State Board of Education, for all educator preparation 2982
programs in the state; 2983
(b) Recommend to the State Board of Education each year 2984
approval or disapproval of each educator preparation program in 2985
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 122 (aa\kr)

the state, subject to a process and schedule determined by the 2986
State Board of Education; 2987
(c) Establish, subject to the approval of the State 2988
Board of Education, standards for initial teacher certification 2989
and licensure in all fields; 2990
(d) Establish, subject to the approval of the State 2991
Board of Education, standards for the renewal of teacher licenses 2992
in all fields; 2993
(e) Review and evaluate objective measures of teacher 2994
performance, such as test scores, which may form part of the 2995
licensure process, and to make recommendations for their use; 2996
(f) Review all existing requirements for certification 2997
and licensure; 2998
(g) Consult with groups whose work may be affected by 2999
the commission's decisions; 3000
(h) Prepare reports from time to time on current 3001
practices and issues in the general area of teacher education and 3002
certification and licensure; 3003
(i) Hold hearings concerning standards for teachers' 3004
and administrators' education and certification and licensure with 3005
approval of the State Board of Education; 3006
(j) Hire expert consultants with approval of the State 3007
Board of Education; 3008
(k) Set up ad hoc committees to advise on specific 3009
areas; 3010
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 123 (aa\kr)

(l) Perform such other functions as may fall within 3011
their general charge and which may be delegated to them by the 3012
State Board of Education; and 3013
(m) Establish standards, subject to the approval of the 3014
State Board of Education, for supplemental endorsements, provided 3015
that the standards allow teachers as many options as possible to 3016
receive a supplemental endorsement, including, but not limited to, 3017
the option of taking additional coursework or earning at least the 3018
minimum qualifying score or higher on the required licensure 3019
subject assessment relevant to the endorsement area for which the 3020
licensure is sought. The subject assessment option shall not 3021
apply to certain subject areas, including, but not limited to, 3022
Early/Primary Education PreK-3, Elementary Education, or Special 3023
Education, except by special approval by the State Board of 3024
Education. 3025
(6) (a) Standard License - Approved Program Route. An 3026
educator entering the school system of Mississippi for the first 3027
time and meeting all requirements as established by the State 3028
Board of Education shall be granted a standard five-year license. 3029
Persons who possess two (2) years of classroom experience as an 3030
assistant teacher or who have taught for one (1) year in an 3031
accredited public or private school shall be allowed to fulfill 3032
student teaching requirements under the supervision of a qualified 3033
participating teacher approved by an accredited college of 3034
education. The local school district in which the assistant 3035
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 124 (aa\kr)

teacher is employed shall compensate such assistant teachers at 3036
the required salary level during the period of time such 3037
individual is completing student teaching requirements. 3038
Applicants for a standard license shall submit to the department: 3039
(i) An application on a department form; 3040
(ii) An official transcript of completion of a 3041
teacher education program approved by the department or a 3042
nationally accredited program, subject to the following: 3043
Licensure to teach in Mississippi prekindergarten through 3044
kindergarten classrooms shall require completion of a teacher 3045
education program or a Bachelor of Science degree with child 3046
development emphasis from a program accredited by the American 3047
Association of Family and Consumer Sciences (AAFCS) or by the 3048
National Association for Education of Young Children (NAEYC) or by 3049
the National Council for Accreditation of Teacher Education 3050
(NCATE). Licensure to teach in Mississippi kindergarten, for 3051
those applicants who have completed a teacher education program, 3052
and in Grade 1 through Grade 4 shall require the completion of an 3053
interdisciplinary program of studies. Licenses for Grades 4 3054
through 8 shall require the completion of an interdisciplinary 3055
program of studies with two (2) or more areas of concentration. 3056
Licensure to teach in Mississippi Grades 7 through 12 shall 3057
require a major in an academic field other than education, or a 3058
combination of disciplines other than education. Students 3059
preparing to teach a subject shall complete a major in the 3060
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 125 (aa\kr)

respective subject discipline. All applicants for standard 3061
licensure shall demonstrate that such person's college preparation 3062
in those fields was in accordance with the standards set forth by 3063
the National Council for Accreditation of Teacher Education 3064
(NCATE) or the National Association of State Directors of Teacher 3065
Education and Certification (NASDTEC) or, for those applicants who 3066
have a Bachelor of Science degree with child development emphasis, 3067
the American Association of Family and Consumer Sciences (AAFCS). 3068
Effective July 1, 2016, for initial elementary education 3069
licensure, a teacher candidate must earn a passing score on a 3070
rigorous test of scientifically research-based reading instruction 3071
and intervention and data-based decision-making principles as 3072
approved by the State Board of Education; 3073
(iii) A copy of test scores evidencing 3074
satisfactory completion of nationally administered examinations of 3075
achievement, such as the Educational Testing Service's teacher 3076
testing examinations; 3077
(iv) Any other document required by the State 3078
Board of Education; and 3079
(v) From and after July 1, 2020, no teacher 3080
candidate shall be licensed to teach in Mississippi who did not 3081
meet the following criteria for entrance into an approved teacher 3082
education program: 3083
1. An ACT Score of twenty-one (21) (or SAT 3084
equivalent); or 3085
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 126 (aa\kr)

2. Achieve a qualifying passing score on the 3086
Praxis Core Academic Skills for Educators examination as 3087
established by the State Board of Education; or 3088
3. A minimum GPA of 3.0 on coursework prior 3089
to admission to an approved teacher education program. 3090
(b) (i) Standard License - Nontraditional Teaching 3091
Route. From and after July 1, 2020, no teacher candidate shall be 3092
licensed to teach in Mississippi under the alternate route who did 3093
not meet the following criteria: 3094
1. An ACT Score of twenty-one (21) (or SAT 3095
equivalent); or 3096
2. Achieve a qualifying passing score on the 3097
Praxis Core Academic Skills for Educators examination as 3098
established by the State Board of Education; or 3099
3. A minimum GPA of 3.0 on coursework prior 3100
to admission to an approved teacher education program. 3101
(ii) Beginning July 1, 2020, an individual who has 3102
attained a passing score on the Praxis Core Academic Skills for 3103
Educators or an ACT Score of twenty-one (21) (or SAT equivalent) 3104
or a minimum GPA of 3.0 on coursework prior to admission to an 3105
approved teacher education program and a passing score on the 3106
Praxis Subject Assessment in the requested area of endorsement may 3107
apply for admission to the Teach Mississippi Institute (TMI) 3108
program to teach students in Grades 7 through 12 if the individual 3109
meets the requirements of this paragraph (b). The State Board of 3110
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 127 (aa\kr)

Education shall adopt rules requiring that teacher preparation 3111
institutions which provide the Teach Mississippi Institute (TMI) 3112
program for the preparation of nontraditional teachers shall meet 3113
the standards and comply with the provisions of this paragraph. 3114
1. The Teach Mississippi Institute (TMI) 3115
shall include an intensive eight-week, nine-semester-hour summer 3116
program or a curriculum of study in which the student matriculates 3117
in the fall or spring semester, which shall include, but not be 3118
limited to, instruction in education, effective teaching 3119
strategies, classroom management, state curriculum requirements, 3120
planning and instruction, instructional methods and pedagogy, 3121
using test results to improve instruction, and a one (1) semester 3122
three-hour supervised internship to be completed while the teacher 3123
is employed as a full-time teacher intern in a local school 3124
district. The TMI shall be implemented on a pilot program basis, 3125
with courses to be offered at up to four (4) locations in the 3126
state, with one (1) TMI site to be located in each of the three 3127
(3) Mississippi Supreme Court districts. 3128
2. The school sponsoring the teacher intern 3129
shall enter into a written agreement with the institution 3130
providing the Teach Mississippi Institute (TMI) program, under 3131
terms and conditions as agreed upon by the contracting parties, 3132
providing that the school district shall provide teacher interns 3133
seeking a nontraditional provisional teaching license with a 3134
one-year classroom teaching experience. The teacher intern shall 3135
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 128 (aa\kr)

successfully complete the one (1) semester three-hour intensive 3136
internship in the school district during the semester immediately 3137
following successful completion of the TMI and prior to the end of 3138
the one-year classroom teaching experience. 3139
3. Upon completion of the nine-semester-hour 3140
TMI or the fall or spring semester option, the individual shall 3141
submit his transcript to the commission for provisional licensure 3142
of the intern teacher, and the intern teacher shall be issued a 3143
provisional teaching license by the commission, which will allow 3144
the individual to legally serve as a teacher while the person 3145
completes a nontraditional teacher preparation internship program. 3146
4. During the semester of internship in the 3147
school district, the teacher preparation institution shall monitor 3148
the performance of the intern teacher. The school district that 3149
employs the provisional teacher shall supervise the provisional 3150
teacher during the teacher's intern year of employment under a 3151
nontraditional provisional license, and shall, in consultation 3152
with the teacher intern's mentor at the school district of 3153
employment, submit to the commission a comprehensive evaluation of 3154
the teacher's performance sixty (60) days prior to the expiration 3155
of the nontraditional provisional license. If the comprehensive 3156
evaluation establishes that the provisional teacher intern's 3157
performance fails to meet the standards of the approved 3158
nontraditional teacher preparation internship program, the 3159
individual shall not be approved for a standard license. 3160
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 129 (aa\kr)

5. An individual issued a provisional 3161
teaching license under this nontraditional route shall 3162
successfully complete, at a minimum, a one-year beginning teacher 3163
mentoring and induction program administered by the employing 3164
school district with the assistance of the State Department of 3165
Education. 3166
6. Upon successful completion of the TMI and 3167
the internship provisional license period, applicants for a 3168
Standard License - Nontraditional Route shall submit to the 3169
commission a transcript of successful completion of the twelve 3170
(12) semester hours required in the internship program, and the 3171
employing school district shall submit to the commission a 3172
recommendation for standard licensure of the intern. If the 3173
school district recommends licensure, the applicant shall be 3174
issued a Standard License - Nontraditional Route which shall be 3175
valid for a five-year period and be renewable. 3176
7. At the discretion of the teacher 3177
preparation institution, the individual shall be allowed to credit 3178
the twelve (12) semester hours earned in the nontraditional 3179
teacher internship program toward the graduate hours required for 3180
a Master of Arts in Teacher (MAT) Degree. 3181
8. The local school district in which the 3182
nontraditional teacher intern or provisional licensee is employed 3183
shall compensate such teacher interns at Step 1 of the required 3184
salary level during the period of time such individual is 3185
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 130 (aa\kr)

completing teacher internship requirements and shall compensate 3186
such Standard License - Nontraditional Route teachers at Step 3 of 3187
the required salary level when they complete license requirements. 3188
(iii) Implementation of the TMI program provided 3189
for under this paragraph (b) shall be contingent upon the 3190
availability of funds appropriated specifically for such purpose 3191
by the Legislature. Such implementation of the TMI program may 3192
not be deemed to prohibit the State Board of Education from 3193
developing and implementing additional alternative route teacher 3194
licensure programs, as deemed appropriate by the board. The 3195
emergency certification program in effect prior to July 1, 2002, 3196
shall remain in effect. 3197
(iv) A Standard License - Approved Program Route 3198
shall be issued for a five-year period, and may be renewed. 3199
Recognizing teaching as a profession, a hiring preference shall be 3200
granted to persons holding a Standard License - Approved Program 3201
Route or Standard License - Nontraditional Teaching Route over 3202
persons holding any other license. 3203
(c) Special License - Expert Citizen. In order to 3204
allow a school district to offer specialized or technical courses, 3205
the State Department of Education, in accordance with rules and 3206
regulations established by the State Board of Education, may grant 3207
a five-year expert citizen-teacher license to local business or 3208
other professional personnel to teach in a public school or 3209
nonpublic school accredited or approved by the state. Such person 3210
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 131 (aa\kr)

shall be required to have a high school diploma, an 3211
industry-recognized certification related to the subject area in 3212
which they are teaching and a minimum of five (5) years of 3213
relevant experience but shall not be required to hold an associate 3214
or bachelor's degree, provided that he or she possesses the 3215
minimum qualifications required for his or her profession, and may 3216
begin teaching upon his employment by the local school board and 3217
licensure by the Mississippi Department of Education. If a school 3218
board hires a career technical education pathway instructor who 3219
does not have an industry certification in his or her area of 3220
expertise but does have the required experience, the school board 3221
shall spread their decision on the minutes at their next meeting 3222
and provide a detailed explanation for why they hired the 3223
instructor. Such instructor shall present the minutes of the 3224
school board to the State Department of Education when he or she 3225
applies for an expert citizen license. The board shall adopt 3226
rules and regulations to administer the expert citizen-teacher 3227
license. A Special License - Expert Citizen may be renewed in 3228
accordance with the established rules and regulations of the State 3229
Department of Education. 3230
(d) Special License - Nonrenewable. The State Board of 3231
Education is authorized to establish rules and regulations to 3232
allow those educators not meeting requirements in paragraph (a), 3233
(b) or (c) of this subsection (6) to be licensed for a period of 3234
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 132 (aa\kr)

not more than three (3) years, except by special approval of the 3235
State Board of Education. 3236
(e) Nonlicensed Teaching Personnel. A nonlicensed 3237
person may teach for a maximum of three (3) periods per teaching 3238
day in a public school district or a nonpublic school 3239
accredited/approved by the state. Such person shall submit to the 3240
department a transcript or record of his education and experience 3241
which substantiates his preparation for the subject to be taught 3242
and shall meet other qualifications specified by the commission 3243
and approved by the State Board of Education. In no case shall 3244
any local school board hire nonlicensed personnel as authorized 3245
under this paragraph in excess of five percent (5%) of the total 3246
number of licensed personnel in any single school. 3247
(f) Special License - Transitional Bilingual Education. 3248
Beginning July 1, 2003, the commission shall grant special 3249
licenses to teachers of transitional bilingual education who 3250
possess such qualifications as are prescribed in this section. 3251
Teachers of transitional bilingual education shall be compensated 3252
by local school boards at not less than one (1) step on the 3253
regular salary schedule applicable to permanent teachers licensed 3254
under this section. The commission shall grant special licenses 3255
to teachers of transitional bilingual education who present the 3256
commission with satisfactory evidence that they (i) possess a 3257
speaking and reading ability in a language, other than English, in 3258
which bilingual education is offered and communicative skills in 3259
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 133 (aa\kr)

English; (ii) are in good health * * *; (iii) possess a bachelor's 3260
degree or an associate's degree in teacher education from an 3261
accredited institution of higher education; (iv) meet such 3262
requirements as to courses of study, semester hours therein, 3263
experience and training as may be required by the commission; and 3264
(v) are legally present in the United States and possess legal 3265
authorization for employment. A teacher of transitional bilingual 3266
education serving under a special license shall be under an 3267
exemption from standard licensure if he achieves the requisite 3268
qualifications therefor. Two (2) years of service by a teacher of 3269
transitional bilingual education under such an exemption shall be 3270
credited to the teacher in acquiring a Standard Educator License. 3271
Nothing in this paragraph shall be deemed to prohibit a local 3272
school board from employing a teacher licensed in an appropriate 3273
field as approved by the State Department of Education to teach in 3274
a program in transitional bilingual education. 3275
(g) In the event any school district meets the highest 3276
accreditation standards as defined by the State Board of Education 3277
in the accountability system, the State Board of Education, in its 3278
discretion, may exempt such school district from any restrictions 3279
in paragraph (e) relating to the employment of nonlicensed 3280
teaching personnel. 3281
(h) Highly Qualified Teachers. Beginning July 1, 2006, 3282
any teacher from any state meeting the federal definition of 3283
highly qualified, as described in the No Child Left Behind Act, 3284
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 134 (aa\kr)

must be granted a standard five-year license by the State 3285
Department of Education. 3286
(7) Administrator License. The State Board of Education is 3287
authorized to establish rules and regulations and to administer 3288
the licensure process of the school administrators in the State of 3289
Mississippi. There will be four (4) categories of administrator 3290
licensure with exceptions only through special approval of the 3291
State Board of Education. 3292
(a) Administrator License - Nonpracticing. Those 3293
educators holding administrative endorsement but having no 3294
administrative experience or not serving in an administrative 3295
position on January 15, 1997. 3296
(b) Administrator License - Entry Level. Those 3297
educators holding administrative endorsement and having met the 3298
department's qualifications to be eligible for employment in a 3299
Mississippi school district. Administrator License - Entry Level 3300
shall be issued for a five-year period and shall be nonrenewable. 3301
(c) Standard Administrator License - Career Level. An 3302
administrator who has met all the requirements of the department 3303
for standard administrator licensure. 3304
(d) Administrator License - Nontraditional Route. The 3305
board may establish a nontraditional route for licensing 3306
administrative personnel. Such nontraditional route for 3307
administrative licensure shall be available for persons holding, 3308
but not limited to, a master of business administration degree, a 3309
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 135 (aa\kr)

master of public administration degree, a master of public 3310
planning and policy degree or a doctor of jurisprudence degree 3311
from an accredited college or university, with five (5) years of 3312
administrative or supervisory experience. Successful completion 3313
of the requirements of alternate route licensure for 3314
administrators shall qualify the person for a standard 3315
administrator license. 3316
Individuals seeking school administrator licensure under 3317
paragraph (b), (c) or (d) shall successfully complete a training 3318
program and an assessment process prescribed by the State Board of 3319
Education. All applicants for school administrator licensure 3320
shall meet all requirements prescribed by the department under 3321
paragraph (b), (c) or (d), and the cost of the assessment process 3322
required shall be paid by the applicant. 3323
(8) Reciprocity. The department shall grant a standard 3324
five-year license to any individual who possesses a valid standard 3325
license from another state, or another country or political 3326
subdivision thereof, within a period of twenty-one (21) days from 3327
the date of a completed application. The issuance of a license by 3328
reciprocity to a military-trained applicant, military spouse or 3329
person who establishes residence in this state shall be subject to 3330
the provisions of Section 73-50-1 or 73-50-2, as applicable. 3331
(9) Renewal and Reinstatement of Licenses. The State Board 3332
of Education is authorized to establish rules and regulations for 3333
the renewal and reinstatement of educator and administrator 3334
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 136 (aa\kr)

licenses. Effective May 15, 1997, the valid standard license held 3335
by an educator shall be extended five (5) years beyond the 3336
expiration date of the license in order to afford the educator 3337
adequate time to fulfill new renewal requirements established 3338
pursuant to this subsection. An educator completing a master of 3339
education, educational specialist or doctor of education degree in 3340
May 1997 for the purpose of upgrading the educator's license to a 3341
higher class shall be given this extension of five (5) years plus 3342
five (5) additional years for completion of a higher degree. For 3343
all license types with a current valid expiration date of June 30, 3344
2021, the State Department of Education shall grant a one-year 3345
extension to June 30, 2022. Beginning July 1, 2022, and 3346
thereafter, applicants for licensure renewal shall meet all 3347
requirements in effect on the date that the complete application 3348
is received by the State Department of Education. 3349
(10) All controversies involving the issuance, revocation, 3350
suspension or any change whatsoever in the licensure of an 3351
educator required to hold a license shall be initially heard in a 3352
hearing de novo, by the commission or by a subcommittee 3353
established by the commission and composed of commission members, 3354
or by a hearing officer retained and appointed by the commission, 3355
for the purpose of holding hearings. Any complaint seeking the 3356
denial of issuance, revocation or suspension of a license shall be 3357
by sworn affidavit filed with the Commission on Teacher and 3358
Administrator Education, Certification and Licensure and 3359
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 137 (aa\kr)

Development. The decision thereon by the commission, its 3360
subcommittee or hearing officer, shall be final, unless the 3361
aggrieved party shall appeal to the State Board of Education, 3362
within ten (10) days, of the decision of the commission, its 3363
subcommittee or hearing officer. An appeal to the State Board of 3364
Education shall be perfected upon filing a notice of the appeal 3365
and by the prepayment of the costs of the preparation of the 3366
record of proceedings by the commission, its subcommittee or 3367
hearing officer. An appeal shall be on the record previously made 3368
before the commission, its subcommittee or hearing officer, unless 3369
otherwise provided by rules and regulations adopted by the board. 3370
The decision of the commission, its subcommittee or hearing 3371
officer shall not be disturbed on appeal if supported by 3372
substantial evidence, was not arbitrary or capricious, within the 3373
authority of the commission, and did not violate some statutory or 3374
constitutional right. The State Board of Education in its 3375
authority may reverse, or remand with instructions, the decision 3376
of the commission, its subcommittee or hearing officer. The 3377
decision of the State Board of Education shall be final. 3378
(11) (a) The State Board of Education, acting through the 3379
commission, may deny an application for any teacher or 3380
administrator license for one or more of the following: 3381
(i) Lack of qualifications which are prescribed by 3382
law or regulations adopted by the State Board of Education; 3383
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 138 (aa\kr)

(ii) The applicant has a physical, emotional or 3384
mental disability that renders the applicant unfit to perform the 3385
duties authorized by the license, as certified by a licensed 3386
psychologist or psychiatrist; 3387
(iii) The applicant is actively addicted to or 3388
actively dependent on alcohol or other habit-forming drugs or is a 3389
habitual user of narcotics, barbiturates, amphetamines, 3390
hallucinogens or other drugs having similar effect, at the time of 3391
application for a license; 3392
(iv) Fraud or deceit committed by the applicant in 3393
securing or attempting to secure such certification and license; 3394
(v) Failing or refusing to furnish reasonable 3395
evidence of identification; 3396
(vi) The applicant has been convicted, has pled 3397
guilty or entered a plea of nolo contendere to a * * * 3398
disqualifying crime as provided in the Fresh Start Act. For 3399
purposes of this subparagraph (vi) of this paragraph (a), a 3400
"guilty plea" includes a plea of guilty, entry of a plea of nolo 3401
contendere, or entry of an order granting pretrial or judicial 3402
diversion; 3403
(vii) The applicant or licensee is on probation or 3404
post-release supervision for a * * * disqualifying crime as 3405
provided in the Fresh Start Act. However, this disqualification 3406
expires upon the end of the probationary or post-release 3407
supervision period. 3408
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 139 (aa\kr)

(b) The State Board of Education, acting through the 3409
commission, shall deny an application for any teacher or 3410
administrator license, or immediately revoke the current teacher 3411
or administrator license, for one or more of the following: 3412
(i) If the applicant or licensee has been 3413
convicted, has pled guilty or entered a plea of nolo contendere to 3414
a sex offense as defined by federal or state law. For purposes of 3415
this subparagraph (i) of this paragraph (b), a "guilty plea" 3416
includes a plea of guilty, entry of a plea of nolo contendere, or 3417
entry of an order granting pretrial or judicial diversion; 3418
(ii) The applicant or licensee is on probation or 3419
post-release supervision for a sex offense conviction, as defined 3420
by federal or state law; 3421
(iii) The license holder has fondled a student as 3422
described in Section 97-5-23, or had any type of sexual 3423
involvement with a student as described in Section 97-3-95; or 3424
(iv) The license holder has failed to report 3425
sexual involvement of a school employee with a student as required 3426
by Section 97-5-24. 3427
(12) The State Board of Education, acting through the 3428
commission, may revoke, suspend or refuse to renew any teacher or 3429
administrator license for specified periods of time or may place 3430
on probation, reprimand a licensee, or take other disciplinary 3431
action with regard to any license issued under this chapter for 3432
one or more of the following: 3433
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 140 (aa\kr)

(a) Breach of contract or abandonment of employment may 3434
result in the suspension of the license for one (1) school year as 3435
provided in Section 37-9-57; 3436
(b) Obtaining a license by fraudulent means shall 3437
result in immediate suspension and continued suspension for one 3438
(1) year after correction is made; 3439
(c) Suspension or revocation of a certificate or 3440
license by another state shall result in immediate suspension or 3441
revocation and shall continue until records in the prior state 3442
have been cleared; 3443
(d) The license holder has been convicted, has pled 3444
guilty or entered a plea of nolo contendere to a * * * 3445
disqualifying crime as provided in the Fresh Start Act. For 3446
purposes of this paragraph, a "guilty plea" includes a plea of 3447
guilty, entry of a plea of nolo contendere, or entry of an order 3448
granting pretrial or judicial diversion; 3449
(e) The license holder knowingly and willfully 3450
committing any of the acts affecting validity of mandatory uniform 3451
test results as provided in Section 37-16-4(1); 3452
(f) The license holder has engaged in unethical conduct 3453
relating to an educator/student relationship as identified by the 3454
State Board of Education in its rules; 3455
(g) The license holder served as superintendent or 3456
principal in a school district during the time preceding and/or 3457
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 141 (aa\kr)

that resulted in the Governor declaring a state of emergency and 3458
the State Board of Education appointing a conservator; 3459
(h) The license holder submitted a false certification 3460
to the State Department of Education that a statewide test was 3461
administered in strict accordance with the Requirements of the 3462
Mississippi Statewide Assessment System; or 3463
(i) The license holder has failed to comply with the 3464
Procedures for Reporting Infractions as promulgated by the 3465
commission and approved by the State Board of Education pursuant 3466
to subsection (15) of this section. 3467
For purposes of this subsection, probation shall be defined 3468
as a length of time determined by the commission, its subcommittee 3469
or hearing officer, and based on the severity of the offense in 3470
which the license holder shall meet certain requirements as 3471
prescribed by the commission, its subcommittee or hearing officer. 3472
Failure to complete the requirements in the time specified shall 3473
result in immediate suspension of the license for one (1) year. 3474
(13) (a) Dismissal or suspension of a licensed employee by 3475
a local school board pursuant to Section 37-9-59 may result in the 3476
suspension or revocation of a license for a length of time which 3477
shall be determined by the commission and based upon the severity 3478
of the offense. 3479
(b) Any offense committed or attempted in any other 3480
state shall result in the same penalty as if committed or 3481
attempted in this state. 3482
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 142 (aa\kr)

(c) A person may voluntarily surrender a license. The 3483
surrender of such license may result in the commission 3484
recommending any of the above penalties without the necessity of a 3485
hearing. However, any such license which has voluntarily been 3486
surrendered by a licensed employee may only be reinstated by a 3487
majority vote of all members of the commission present at the 3488
meeting called for such purpose. 3489
(14) (a) A person whose license has been suspended or 3490
surrendered on any grounds except criminal grounds may petition 3491
for reinstatement of the license after one (1) year from the date 3492
of suspension or surrender, or after one-half (1/2) of the 3493
suspended or surrendered time has lapsed, whichever is greater. A 3494
person whose license has been suspended or revoked on any grounds 3495
or violations under subsection (12) of this section may be 3496
reinstated automatically or approved for a reinstatement hearing, 3497
upon submission of a written request to the commission. A license 3498
suspended, revoked or surrendered * * * because of a disqualifying 3499
crime as provided in the Fresh Start Act may be reinstated upon 3500
petition to the commission filed after expiration of the sentence 3501
and parole or probationary period imposed upon conviction. A 3502
revoked, suspended or surrendered license may be reinstated upon 3503
satisfactory showing of evidence of rehabilitation. The 3504
commission shall require all who petition for reinstatement to 3505
furnish evidence satisfactory to the commission of good * * * 3506
mental, emotional and physical health and such other evidence as 3507
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 143 (aa\kr)

the commission may deem necessary to establish the petitioner's 3508
rehabilitation and fitness to perform the duties authorized by the 3509
license. 3510
(b) A person whose license expires while under 3511
investigation by the Office of Educator Misconduct for an alleged 3512
violation may not be reinstated without a hearing before the 3513
commission if required based on the results of the investigation. 3514
(15) Reporting procedures and hearing procedures for dealing 3515
with infractions under this section shall be promulgated by the 3516
commission, subject to the approval of the State Board of 3517
Education. The revocation or suspension of a license shall be 3518
effected at the time indicated on the notice of suspension or 3519
revocation. The commission shall immediately notify the 3520
superintendent of the school district or school board where the 3521
teacher or administrator is employed of any disciplinary action 3522
and also notify the teacher or administrator of such revocation or 3523
suspension and shall maintain records of action taken. The State 3524
Board of Education may reverse or remand with instructions any 3525
decision of the commission, its subcommittee or hearing officer 3526
regarding a petition for reinstatement of a license, and any such 3527
decision of the State Board of Education shall be final. 3528
(16) An appeal from the action of the State Board of 3529
Education in denying an application, revoking or suspending a 3530
license or otherwise disciplining any person under the provisions 3531
of this section shall be filed in the Chancery Court of the First 3532
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 144 (aa\kr)

Judicial District of Hinds County, Mississippi, on the record 3533
made, including a verbatim transcript of the testimony at the 3534
hearing. The appeal shall be filed within thirty (30) days after 3535
notification of the action of the board is mailed or served and 3536
the proceedings in chancery court shall be conducted as other 3537
matters coming before the court. The appeal shall be perfected 3538
upon filing notice of the appeal and by the prepayment of all 3539
costs, including the cost of preparation of the record of the 3540
proceedings by the State Board of Education, and the filing of a 3541
bond in the sum of Two Hundred Dollars ($200.00) conditioned that 3542
if the action of the board be affirmed by the chancery court, the 3543
applicant or license holder shall pay the costs of the appeal and 3544
the action of the chancery court. 3545
(17) All such programs, rules, regulations, standards and 3546
criteria recommended or authorized by the commission shall become 3547
effective upon approval by the State Board of Education as 3548
designated by appropriate orders entered upon the minutes thereof. 3549
(18) The granting of a license shall not be deemed a 3550
property right nor a guarantee of employment in any public school 3551
district. A license is a privilege indicating minimal eligibility 3552
for teaching in the public school districts of Mississippi. This 3553
section shall in no way alter or abridge the authority of local 3554
school districts to require greater qualifications or standards of 3555
performance as a prerequisite of initial or continued employment 3556
in such districts. 3557
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 145 (aa\kr)

(19) In addition to the reasons specified in subsections 3558
(12) and (13) of this section, the board shall be authorized to 3559
suspend the license of any licensee for being out of compliance 3560
with an order for support, as defined in Section 93-11-153. The 3561
procedure for suspension of a license for being out of compliance 3562
with an order for support, and the procedure for the reissuance or 3563
reinstatement of a license suspended for that purpose, and the 3564
payment of any fees for the reissuance or reinstatement of a 3565
license suspended for that purpose, shall be governed by Section 3566
93-11-157 or 93-11-163, as the case may be. Actions taken by the 3567
board in suspending a license when required by Section 93-11-157 3568
or 93-11-163 are not actions from which an appeal may be taken 3569
under this section. Any appeal of a license suspension that is 3570
required by Section 93-11-157 or 93-11-163 shall be taken in 3571
accordance with the appeal procedure specified in Section 3572
93-11-157 or 93-11-163, as the case may be, rather than the 3573
procedure specified in this section. If there is any conflict 3574
between any provision of Section 93-11-157 or 93-11-163 and any 3575
provision of this chapter, the provisions of Section 93-11-157 or 3576
93-11-163, as the case may be, shall control. 3577
(20) The Department of Education shall grant and renew all 3578
licenses and certifications of teachers and administrators within 3579
twenty-one (21) days from the date of a completed application if 3580
the applicant has otherwise met all established requirements for 3581
the license or certification. 3582
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 146 (aa\kr)

SECTION 39. Section 41-29-303, Mississippi Code of 1972, is 3583
amended as follows: 3584
41-29-303. No license shall be issued under Section 3585
41-29-301 * * * until the applicant therefor has furnished proof 3586
satisfactory to the State Board of Pharmacy that the applicant 3587
is * * * properly equipped as to land, buildings, and 3588
paraphernalia to carry on the business described in his 3589
application. No license shall be granted to any person who has 3590
within five (5) years been convicted of a willful violation of any 3591
law of the United States, or of any state, relating to opium, coca 3592
leaves, or other narcotic drugs, or to any person who is a 3593
narcotic drug addict. The state board of pharmacy may suspend or 3594
revoke any license for cause. 3595
SECTION 40. Section 51-5-3, Mississippi Code of 1972, is 3596
amended as follows: 3597
51-5-3. In order to be licensed as a water well contractor 3598
in the State of Mississippi, the applicant must be qualified as 3599
set out below: 3600
(a) Be at least twenty-one (21) years of age; 3601
* * * 3602
( * * *b) Demonstrate to the satisfaction of the 3603
commission a reasonable knowledge of this chapter and the rules 3604
and regulations adopted by the commission under the provisions of 3605
this chapter; 3606
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 147 (aa\kr)

( * * *c) Possess the necessary drilling equipment, or 3607
present to the commission sufficient evidence to show that he has 3608
access to the use of such equipment at any time he needs it; and 3609
( * * *d) Have not less than three (3) years' 3610
experience in the work for which he is applying for a license. 3611
SECTION 41. Section 67-1-57, Mississippi Code of 1972, is 3612
amended as follows: 3613
67-1-57. Before a permit is issued the department shall 3614
satisfy itself: 3615
(a) That the applicant, if an individual, or if a 3616
partnership, each of the members of the partnership, or if a 3617
corporation, each of its principal officers and directors, or if a 3618
limited liability company, each member of the limited liability 3619
company, * * * enjoys a reputation of being a peaceable, 3620
law-abiding citizen of the community in which he resides, and is 3621
generally fit for the trust to be reposed in him, is not less than 3622
twenty-one (21) years of age, and has not been convicted of 3623
a * * * disqualifying crime as provided in the Fresh Start Act. 3624
However, a felony conviction, other than a crime of violence or a 3625
violation of state or federal controlled substance laws, does not 3626
automatically disqualify a person from being approved for a 3627
permit. If at least ten (10) years have elapsed since conviction, 3628
the department may consider such felony convictions in determining 3629
whether all other qualifications are met. 3630
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 148 (aa\kr)

(b) That, except in the case of an application for a 3631
solicitor's permit, the applicant is the true and actual owner of 3632
the business for which the permit is desired, and that he intends 3633
to carry on the business authorized for himself and not as the 3634
agent of any other person, and that he intends to superintend in 3635
person the management of the business or that he will designate a 3636
manager to manage the business for him. Except for managers 3637
employed by the holder of a direct wine shipper's permit, all 3638
managers must be approved by the department prior to completing 3639
any managerial tasks on behalf of the permittee and must possess 3640
all of the qualifications required of a permittee; however, a 3641
felony conviction, other than a crime of violence, does not 3642
automatically disqualify a person from being approved as a manager 3643
if the person was released from incarceration at least three (3) 3644
years prior to application for approval as a manager. A felony 3645
conviction, other than a crime of violence, may be considered by 3646
the department in determining whether all other qualifications are 3647
met. 3648
(c) That the applicant for a package retailer's permit, 3649
if an individual, is a resident of the State of Mississippi. If 3650
the applicant is a partnership, each member of the partnership 3651
must be a resident of the state. If the applicant is a limited 3652
liability company, each member of the limited liability company 3653
must be a resident of the state. If the applicant is a 3654
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 149 (aa\kr)

corporation, the designated manager of the corporation must be a 3655
resident of the state. 3656
(d) That the place for which the permit is to be issued 3657
is an appropriate one considering the character of the premises 3658
and the surrounding neighborhood. 3659
(e) That the place for which the permit is to be issued 3660
is within the corporate limits of an incorporated municipality or 3661
qualified resort area or club which comes within the provisions of 3662
this article. 3663
(f) That the applicant is not indebted to the state for 3664
any taxes, fees or payment of penalties imposed by any law of the 3665
State of Mississippi or by any rule or regulation of the 3666
department. 3667
(g) That the applicant is not in the habit of using 3668
alcoholic beverages to excess and is not physically or mentally 3669
incapacitated, and that the applicant has the ability to read and 3670
write the English language. 3671
(h) That the department does not believe and has no 3672
reason to believe that the applicant will sell or knowingly permit 3673
any agent, servant or employee to unlawfully sell liquor in a dry 3674
area or in any other manner contrary to law. 3675
(i) That the applicant is not residentially domiciled 3676
with any person whose permit or license has been cancelled for 3677
cause within the twelve (12) months next preceding the date of the 3678
present application for a permit. 3679
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 150 (aa\kr)

(j) That the department has not, in the exercise of its 3680
discretion which is reserved and preserved to it, refused to grant 3681
permits under the restrictions of this section, as well as under 3682
any other pertinent provision of this article. 3683
(k) That there are not sufficient legal reasons to deny 3684
a permit on the ground that the premises for which the permit is 3685
sought has previously been operated, used or frequented for any 3686
purpose or in any manner that is lewd, immoral or offensive to 3687
public decency. In the granting or withholding of any permit to 3688
sell alcoholic beverages at retail, the department in forming its 3689
conclusions may give consideration to any recommendations made in 3690
writing by the district or county attorney or county, circuit or 3691
chancery judge of the county, or the sheriff of the county, or the 3692
mayor or chief of police of an incorporated city or town wherein 3693
the applicant proposes to conduct his business and to any 3694
recommendations made by representatives of the department. 3695
(l) That the applicant and the applicant's key 3696
employees, as determined by the department, do not have a 3697
disqualifying criminal record. In order to obtain a criminal 3698
record history check, the applicant shall submit to the department 3699
a set of fingerprints from any local law enforcement agency for 3700
each person for whom the records check is required. The 3701
department shall forward the fingerprints to the Mississippi 3702
Department of Public Safety. If no disqualifying record is 3703
identified at the state level, the Department of Public Safety 3704
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 151 (aa\kr)

shall forward the fingerprints to the Federal Bureau of 3705
Investigation for a national criminal history record check. Costs 3706
for processing the set or sets of fingerprints shall be borne by 3707
the applicant. The department may waive the fingerprint 3708
requirement in the case of an applicant for a direct wine 3709
shipper's permit. The department shall not deny employment to an 3710
employee of the applicant prior to the identification of a 3711
disqualifying record or other disqualifying information. 3712
SECTION 42. Section 67-3-19, Mississippi Code of 1972, is 3713
amended as follows: 3714
67-3-19. Where application is made for a permit to engage in 3715
the business of a retailer of light wine, light spirit product or 3716
beer, the applicant shall show in his application that he 3717
possesses the following qualifications: 3718
(a) Applicant must be a person at least twenty-one (21) 3719
years of age * * * and a resident of the State of Mississippi. 3720
(b) Applicant shall not have been convicted of a * * * 3721
disqualifying crime as provided in the Fresh Start Act, or of 3722
pandering or of keeping or maintaining a house of prostitution, or 3723
have been convicted within two (2) years of the date of his 3724
application of any violation of the laws of this state or the laws 3725
of the United States relating to alcoholic liquor. However, a 3726
felony conviction, other than a crime of violence or a violation 3727
of state-or federal-controlled substance laws, does not 3728
automatically disqualify a person from being approved for a 3729
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 152 (aa\kr)

permit. If ten (10) years or more have elapsed since the person 3730
was discharged from confinement, imprisonment, parole, post 3731
release supervision or probation, whichever is later, the 3732
department may consider such felony convictions in determining 3733
whether all other qualifications are met. 3734
(c) Applicant shall not have had revoked, except for a 3735
violation of Section 67-3-52, within two (2) years next preceding 3736
his application, any license or permit issued to him pursuant to 3737
the laws of this state, or any other state, to sell alcoholic 3738
liquor of any kind. 3739
(d) Applicant shall be the owner of the premises for 3740
which the permit is sought or the holder of an existing lease 3741
thereon. 3742
(e) Applicant shall not be residentially domiciled with 3743
any person whose permit has been revoked for cause, except for a 3744
violation of Section 67-3-52, within two (2) years next preceding 3745
the date of the present application for a permit. 3746
(f) The applicant has not had any license or permit to 3747
sell beer, light spirit product or light wine at retail revoked, 3748
within five (5) years next preceding his application, due to a 3749
violation of Section 67-3-52. 3750
(g) Applicant shall not employ any person whose permit 3751
has been revoked when such person owned or operated the business 3752
on the premises for which a permit is sought or allow such person 3753
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 153 (aa\kr)

to have any financial interest in the business of the applicant, 3754
until such person is qualified to obtain a permit in his own name. 3755
(h) The applicant is not indebted to the State of 3756
Mississippi for any taxes. 3757
(i) If applicant is a partnership, all members of the 3758
partnership must be qualified to obtain a permit. Each member of 3759
the partnership must be a resident of the State of Mississippi. 3760
(j) If applicant is a corporation, all officers and 3761
directors thereof, and any stockholder owning more than five 3762
percent (5%) of the stock of such corporation, and the person or 3763
persons who shall conduct and manage the licensed premises for the 3764
corporation shall possess all the qualifications required herein 3765
for any individual permittee. However, the requirements as to 3766
residence shall not apply to officers, directors and stockholders 3767
of such corporation. 3768
Any misstatement or concealment of fact in an application 3769
shall be grounds for denial of the application or for revocation 3770
of the permit issued thereon. 3771
The commissioner may refuse to issue a permit to an applicant 3772
for a place that is frequented by known criminals, prostitutes, or 3773
other law violators or troublemakers who disturb the peace and 3774
quietude of the community and frequently require the assistance of 3775
peace officers to apprehend such law violators or to restore 3776
order. The burden of proof of establishing the foregoing shall 3777
rest upon the commissioner. 3778
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 154 (aa\kr)

SECTION 43. Section 73-2-7, Mississippi Code of 1972, is 3779
amended as follows: 3780
73-2-7. In order to qualify for a license as a landscape 3781
architect, an applicant must: 3782
(a) Submit evidence of his * * * integrity to the 3783
examining board. 3784
(b) Have received a degree in landscape architecture 3785
from a college or university having a minimum four-year curriculum 3786
in landscape architecture approved by the board or have completed 3787
seven (7) years of work in the practice of landscape architecture 3788
of a grade and character suitable to the board. Graduation in a 3789
curriculum other than landscape architecture from a college or 3790
university shall be equivalent to two (2) years' experience of the 3791
seven (7) specified above in this section, except that no 3792
applicant shall receive credit for more than two (2) years' 3793
experience for any scholastic training. 3794
(c) Pass such written examination as required in 3795
Section 73-2-9. 3796
Each application or filing made under this section shall 3797
include the social security number(s) of the applicant in 3798
accordance with Section 93-11-64, Mississippi Code of 1972. 3799
SECTION 44. Section 73-4-17, Mississippi Code of 1972, is 3800
amended as follows: 3801
73-4-17. There shall be two (2) classes of auctioneers' 3802
licenses, which shall be auctioneer and auction firm. All 3803
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 155 (aa\kr)

applicants for a license under this chapter shall possess the 3804
following minimum qualifications: 3805
(a) Applicants shall have attained the age of eighteen 3806
(18) years by the issuance date of the license. 3807
(b) Applicants shall have obtained at a minimum a high 3808
school diploma or G.E.D. equivalent and shall be graduates of an 3809
auctioneering school approved by the commission. 3810
(c) Each applicant for a license under this chapter 3811
shall demonstrate to the commission that he is * * * worthy of 3812
public trust through background information to be provided on his 3813
application form and two (2) letters of reference from persons not 3814
related to the applicant who have known the applicant at least 3815
three (3) years. The commission may require additional 3816
information or a personal interview with the applicant to 3817
determine if such applicant should be granted a license. 3818
(d) Each applicant for a license under this chapter 3819
shall take and successfully complete an examination as prescribed 3820
by the commission. The examination shall include questions on 3821
ethics, reading comprehension, writing, spelling, elementary 3822
arithmetic, elementary principals of land economics, general 3823
knowledge of bulk sales law, contracts of sale, agency, leases, 3824
brokerage, knowledge of various goods commonly sold at auction, 3825
ability to call bids, knowledge of sale preparation and proper 3826
sale advertising and sale summary, and knowledge of the provisions 3827
of this chapter and the commission's rules and regulations. There 3828
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 156 (aa\kr)

shall be separate examinations for auctioneer and auction firm 3829
each based upon relevant subject matter appropriate to the license 3830
classification as set forth herein. Examinations shall be 3831
administered at least once a year and may be administered 3832
quarterly at the commission's discretion provided there are at 3833
least twenty-five (25) examinees. The commission shall ensure 3834
that the various forms of the test remain secure. 3835
(e) In order to defray the cost of administration of 3836
the examinations, applicants for the examination shall pay fees as 3837
follows: 3838
(i) Auctioneer............................ $100.00. 3839
(ii) Auction firm......................... $100.00. 3840
(f) Each applicant desiring to sit for the examination 3841
for any license required under this chapter shall be required to 3842
furnish to the commission at least thirty (30) days prior to the 3843
examination evidence of a surety bond in the following minimum 3844
amounts: 3845
(i) Auctioneer......................... $10,000.00. 3846
(ii) Auction firm...................... $10,000.00. 3847
(g) In addition to the bond required herein, applicants 3848
for the auction firm license shall furnish the commission with all 3849
relevant information concerning the premises to be licensed, to 3850
include location, whether the premises are owned or leased, and an 3851
affidavit that the proposed use of the premises as an auction firm 3852
does not violate zoning or any other use restrictions. A separate 3853
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 157 (aa\kr)

license shall be required for each business location of the owner 3854
of multiple auction galleries. 3855
(h) Except as provided in Section 33-1-39, all licenses 3856
granted pursuant to this chapter shall be for a term of two (2) 3857
years and shall expire on the first day of March at the end of 3858
such two-year term. The biennial license fees shall be set from 3859
time to time by the commission with a maximum fee of Two Hundred 3860
Dollars ($200.00). License fees shall not be prorated for any 3861
portion of a year but shall be paid for the entire biennial period 3862
regardless of the date of the application. Individuals failing to 3863
submit license renewal fees on or before March 1 of the year for 3864
renewal shall be required to successfully pass the next 3865
administration of the examination in order to renew a license. 3866
(i) Each application or filing made under this section 3867
shall include the social security number(s) of the applicant in 3868
accordance with Section 93-11-64, Mississippi Code of 1972. 3869
(j) A licensee shall keep such books, accounts and 3870
records as will enable the commission to determine whether such 3871
licensee is in compliance with the provisions of this chapter, and 3872
rules and regulations made pursuant thereto, and any other law, 3873
rule and regulation applicable to the conduct of such business. 3874
The commission and its employees or representatives shall have the 3875
right to enter and make inspections of any place where the auction 3876
business is carried on and inspect and copy any record pertaining 3877
to the auction business under this chapter. The commission may 3878
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 158 (aa\kr)

conduct or cause to be conducted an examination or audit of the 3879
books and records of any licensee at any time the commission deems 3880
proper, the cost of the examination or audit to be borne by the 3881
licensee. The refusal of access to the books and records shall be 3882
cause for the revocation of its license. 3883
SECTION 45. Section 73-6-13, Mississippi Code of 1972, is 3884
amended as follows: 3885
73-6-13. (1) Any adult * * * who has (a) graduated from a 3886
school or college of chiropractic recognized by the State Board of 3887
Chiropractic Examiners, preceded by the successful completion of 3888
at least two (2) academic years at an accredited institution of 3889
higher learning, or accredited junior college, and (b) 3890
successfully completed parts 1, 2, 3 and 4 and the physical 3891
modality section of the examination prepared by the National Board 3892
of Chiropractic Examiners, shall be entitled to take the 3893
examination for a license to practice chiropractic in Mississippi. 3894
The State Board of Chiropractic Examiners shall keep on file a 3895
list of schools or colleges of chiropractic which are so 3896
recognized. No chiropractic school shall be approved unless it is 3897
recognized and approved by the Council on Chiropractic Education, 3898
its successor or an equivalent accrediting agency, offers an 3899
accredited course of study of not less than four (4) academic 3900
years of at least nine (9) months in length, and requires its 3901
graduates to receive not less than forty (40) clock hours of 3902
instruction in the operation of x-ray machinery and not less than 3903
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 159 (aa\kr)

forty (40) clock hours of instruction in x-ray interpretation and 3904
diagnosis. 3905
(2) Except as otherwise provided in this section, the State 3906
Board of Health shall prescribe rules and regulations for the 3907
operation and use of x-ray machines. 3908
(3) The examination to practice chiropractic used by the 3909
board shall consist of testing on the statutes and the rules and 3910
regulations regarding the practice of chiropractic in the State of 3911
Mississippi. 3912
(4) Reciprocity privileges for a chiropractor from another 3913
state shall be granted at the board's option on an individual 3914
basis and by a majority vote of the State Board of Chiropractic 3915
Examiners to an adult * * * who (a) is currently an active 3916
competent practitioner for at least eight (8) years and holds an 3917
active chiropractic license in another state with no disciplinary 3918
proceeding or unresolved complaint pending anywhere at the time a 3919
license is to be issued by this state, (b) demonstrates having 3920
obtained licensure as a chiropractor in another state under the 3921
same education requirements which were equivalent to the education 3922
requirements in this state to obtain a chiropractic license at the 3923
time the applicant obtained the license in the other state, (c) 3924
satisfactorily passes the examination administered by the State 3925
Board of Chiropractic Examiners, and (d) meets the requirements of 3926
Section 73-6-1(3) pertaining to therapeutic modalities. The 3927
issuance of a license by reciprocity to a military-trained 3928
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 160 (aa\kr)

applicant, military spouse or person who establishes residence in 3929
this state shall be subject to the provisions of Section 73-50-1 3930
or 73-50-2, as applicable. 3931
SECTION 46. Section 73-9-23, Mississippi Code of 1972, is 3932
amended as follows: 3933
73-9-23. (1) No person who desires to practice dentistry or 3934
dental hygiene in the State of Mississippi shall be licensed until 3935
that person has passed an examination by the board. Applicants 3936
for examination shall apply in writing to the board for an 3937
examination at least thirty (30) days before the examination and 3938
shall upon application pay a nonrefundable fee as elsewhere 3939
provided in this chapter. 3940
(2) An applicant for licensure by examination as a dentist 3941
who is a graduate of a dental school accredited by the Commission 3942
on Dental Accreditation of the American Dental Association (ADA), 3943
or its successor commission, shall: 3944
(a) Be * * * possessed of a high school education, and 3945
have attained the age of twenty-one (21) years; 3946
(b) Exhibit with the application a diploma or 3947
certificate of graduation from the ADA accredited dental school; 3948
and 3949
(c) Have successfully completed Parts I and II of the 3950
National Board Examinations of the Joint Commission on National 3951
Dental Examinations, or its successor commission, unless the 3952
applicant graduated from an accredited dental school before 1960. 3953
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 161 (aa\kr)

(3) An applicant for licensure by examination as a dentist 3954
who is a graduate of a non-ADA accredited foreign country dental 3955
school shall: 3956
(a) * * * Have attained the age of twenty-one (21) 3957
years; 3958
(b) Be proficient in oral and written communications in 3959
the English language; 3960
(c) Have completed not less than six (6) academic years 3961
of postsecondary study and graduated from a foreign dental school 3962
that is recognized by the licensure authorities in that country; 3963
(d) Have been licensed as a dentist or admitted to the 3964
practice of dentistry in the foreign country in which the 3965
applicant received foreign dental school training; 3966
(e) Present documentation of having completed at least 3967
two (2) or more years of full-time postdoctoral dental education 3968
in a dental school accredited by the Commission on Dental 3969
Accreditation of the American Dental Association, or its successor 3970
commission, and has been certified by the dean of the accredited 3971
dental school as having achieved the same level of didactic and 3972
clinical competence as expected of a graduate of the school; and 3973
(f) Have successfully completed Parts I and II of the 3974
National Board Examinations of the Joint Commission on National 3975
Dental Examinations, or its successor commission, unless the 3976
applicant graduated from an approved dental school before 1960. 3977
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 162 (aa\kr)

(4) An applicant for licensure by examination as a dental 3978
hygienist who is a graduate of a dental hygiene school accredited 3979
by the Commission on Dental Accreditation of the American Dental 3980
Association (ADA), or its successor commission, shall: 3981
(a) Be * * * possessed of a high school education and 3982
have attained the age of eighteen (18) years; 3983
(b) Exhibit with the application a diploma or 3984
certificate of graduation from the ADA accredited dental hygiene 3985
school; and 3986
(c) Have successfully completed the National Board 3987
Dental Hygiene Examinations of the Joint Commission on National 3988
Dental Examinations, or its successor commission. 3989
(5) An applicant for licensure by examination as a dental 3990
hygienist who is a graduate of a non-ADA accredited foreign 3991
country dental hygiene school shall: 3992
(a) * * * Have attained the age of eighteen (18) years; 3993
(b) Be proficient in oral and written communications in 3994
the English language; 3995
(c) Have completed not less than two (2) academic years 3996
of postsecondary study and graduated from a foreign dental hygiene 3997
school that is recognized by the licensure authorities in that 3998
country; 3999
(d) Have been licensed as a dental hygienist or 4000
admitted to the practice of dental hygiene in the foreign country 4001
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 163 (aa\kr)

in which the applicant received foreign dental hygiene school 4002
training; 4003
(e) Present documentation of having completed at least 4004
one or more years of full-time postgraduate clinical education in 4005
a dental hygiene school accredited by the Commission on Dental 4006
Accreditation of the American Dental Association, or its successor 4007
commission, and has been certified by the dean of the accredited 4008
dental hygiene school as having achieved the same level of 4009
didactic and clinical competence as expected of a graduate of the 4010
school; and 4011
(f) Have successfully completed the National Board 4012
Dental Hygiene Examinations of the Joint Commission on National 4013
Dental Examinations, or its successor commission. 4014
(6) Applications shall be made in the form and content as 4015
required in this section and as shall be prescribed by the board, 4016
and each applicant shall submit upon request such proof as the 4017
board may require as to age * * * and qualifications. 4018
Applications must be signed by two (2) citizens of the state of 4019
which the applicant is a resident * * *. All applicants for 4020
licensure shall submit an endorsement from all states in which he 4021
or she is currently licensed or has ever been licensed to practice 4022
dentistry or dental hygiene. The board may disallow the licensure 4023
examination to any applicant who has been found guilty of any of 4024
the grounds for disciplinary action as enumerated in Section 4025
73-9-61. 4026
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 164 (aa\kr)

(7) Examination shall be as elsewhere provided in this 4027
chapter and the board may by its rules and regulations prescribe 4028
reasonable professional standards for oral, written, clinical and 4029
other examinations given to applicants, and, if deemed necessary 4030
by the board, include a requirement that licensure examinations of 4031
applicants be conducted utilizing live human subjects. Each 4032
applicant shall appear before the board and be examined to 4033
determine his or her learning and skill in dentistry or dental 4034
hygiene. If found by the members of the board conducting the 4035
examination to possess sufficient learning and skill 4036
therein * * *, the board shall, as early as practicable, grant to 4037
the person a license to practice dentistry or dental hygiene, as 4038
the case may be, which shall be signed by each member of the board 4039
who attended the examination and approved the issuance of a 4040
license. 4041
(8) The Board of Dental Examiners may, at its own 4042
discretion, accept certification of a licensure applicant, either 4043
dentist or dental hygienist, by the National Board Examinations of 4044
the Joint Commission on National Dental Examinations, or its 4045
successor commission, in lieu of the written examination. 4046
However, in all such instances the board shall retain the right to 4047
administer such further written and practical examinations and 4048
demonstrations as it deems necessary. 4049
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 165 (aa\kr)

(9) Each application or filing made under this section shall 4050
include the social security number(s) of the applicant in 4051
accordance with Section 93-11-64. 4052
SECTION 47. Section 73-11-51, Mississippi Code of 1972, is 4053
amended as follows: 4054
73-11-51. (1) No person shall engage in the business or 4055
practice of funeral service, including embalming, and/or funeral 4056
directing or hold himself out as transacting or practicing or 4057
being entitled to transact or practice funeral service, including 4058
embalming, and/or funeral directing in this state unless duly 4059
licensed under the provisions of this chapter. 4060
(2) The board is authorized and empowered to examine 4061
applicants for licenses for the practice of funeral service and 4062
funeral directing and shall issue the proper license to those 4063
persons who successfully pass the applicable examination and 4064
otherwise comply with the provisions of this chapter. 4065
(3) To be licensed for the practice of funeral directing 4066
under this chapter, a person must furnish satisfactory evidence to 4067
the board that he or she: 4068
(a) Is at least eighteen (18) years of age; 4069
(b) Has a high school diploma or the equivalent 4070
thereof; 4071
(c) Has served as a resident trainee for not less than 4072
twelve (12) months under the supervision of a person licensed for 4073
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 166 (aa\kr)

the practice of funeral service or funeral directing in this 4074
state; and 4075
(d) Has successfully passed a written and/or oral 4076
examination as prepared or approved by the board. 4077
(4) To be licensed for the practice of funeral service under 4078
this chapter, a person must furnish satisfactory evidence to the 4079
board that he or she: 4080
(a) Is at least eighteen (18) years of age; 4081
(b) Has a high school diploma or the equivalent 4082
thereof; 4083
(c) Has successfully completed twelve (12) months or 4084
more of academic and professional instruction from an institution 4085
accredited by the United States Department of Education for 4086
funeral service education and have a certificate of completion 4087
from an institution accredited by the American Board of Funeral 4088
Service Education or any other successor recognized by the United 4089
States Department of Education for funeral service education; 4090
(d) Has served as a resident trainee for not less than 4091
twelve (12) months, either before or after graduation from an 4092
accredited institution mentioned above, under the supervision of a 4093
person licensed for the practice of funeral service in this state 4094
and in an establishment licensed in this state; and 4095
(e) Has successfully passed the National Conference of 4096
Funeral Examiners examination and/or such other examination as 4097
approved by the board. 4098
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 167 (aa\kr)

(5) All applications for examination and license for the 4099
practice of funeral service or funeral directing shall be upon 4100
forms furnished by the board and shall be accompanied by an 4101
examination fee, a licensing fee and a nonrefundable application 4102
fee in amounts fixed by the board in accordance with Section 4103
73-11-56. The fee for an initial license, however, may be 4104
prorated in proportion to the period of time from the date of 4105
issuance to the date of biennial license renewal prescribed in 4106
subsection (8) of this section. All applications for examination 4107
shall be filed with the board office at least sixty (60) days 4108
before the date of examination. A candidate shall be deemed to 4109
have abandoned the application for examination if he does not 4110
appear on the scheduled date of examination unless such failure to 4111
appear has been approved by the board. 4112
(6) The practice of funeral service or funeral directing 4113
must be engaged in at a licensed funeral establishment, at least 4114
one (1) of which is listed as the licensee's place of business; 4115
and no person, partnership, corporation, association or other 4116
organization shall open or maintain a funeral establishment at 4117
which to engage in or conduct or hold himself or itself out as 4118
engaging in the practice of funeral service or funeral directing 4119
until such establishment has complied with the licensing 4120
requirements of this chapter. A license for the practice of 4121
funeral service or funeral directing shall be used only at 4122
licensed funeral establishments; however, this provision shall not 4123
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 168 (aa\kr)

prevent a person licensed for the practice of funeral service or 4124
funeral directing from conducting a funeral service at a church, a 4125
residence, public hall, lodge room or cemetery chapel, if such 4126
person maintains a fixed licensed funeral establishment of his own 4127
or is in the employ of or an agent of a licensed funeral 4128
establishment. 4129
(7) Any person holding a valid, unrevoked and unexpired 4130
nonreciprocal license in another state or territory having 4131
requirements greater than or equal to those of this state as 4132
determined by the board may apply for a license to practice in 4133
this state by filing with the board a certified statement from the 4134
secretary of the licensing board of the state or territory in 4135
which the applicant holds his license certifying to his 4136
qualifications and good standing with that board. He/she must 4137
also successfully pass a written and/or oral examination on the 4138
Mississippi Funeral Service licensing law and rules and 4139
regulations as prepared or approved by the board, and must pay a 4140
nonrefundable application fee set by the board. If the board 4141
finds that the applicant has fulfilled aforesaid requirements and 4142
has fulfilled substantially similar requirements of those required 4143
for a Mississippi licensee, the board shall grant such license 4144
upon receipt of a fee in an amount equal to the renewal fee set by 4145
the board for a license for the practice of funeral service or 4146
funeral directing, as the case may be, in this state. The board 4147
may issue a temporary funeral service or funeral directing work 4148
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 169 (aa\kr)

permit before a license is granted, before the next regular 4149
meeting of the board, if the applicant for a reciprocal license 4150
has complied with all requirements, rules and regulations of the 4151
board. The temporary permit will expire at the next regular 4152
meeting of the board. The issuance of a license or temporary 4153
permit by reciprocity to a military-trained applicant, military 4154
spouse or person who establishes residence in this state shall be 4155
subject to the provisions of Section 73-50-1 or 73-50-2, as 4156
applicable. 4157
(8) (a) Except as provided in Section 33-1-39, any person 4158
holding a license for the practice of funeral service or funeral 4159
directing may have the same renewed for a period of two (2) years 4160
by making and filing with the board an application on or before 4161
the due date. Payment of the renewal fee shall be in an amount 4162
set by the board in accordance with Section 73-11-56. The board 4163
shall mail the notice of renewal and the due date for the payment 4164
of the renewal fee to the last-known address of each licensee at 4165
least thirty (30) days before that date. It is the responsibility 4166
of the licensee to notify the board in writing of any change of 4167
address. An application will be considered late if the 4168
application and proper fees are not in the board's office or 4169
postmarked by the due date. Failure of a license holder to 4170
receive the notice of renewal shall not exempt or excuse a license 4171
holder from the requirement of renewing the license on or before 4172
the license expiration date. 4173
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 170 (aa\kr)

(b) If the renewal fee is not paid on or postmarked by 4174
the due date, the license of such person shall by operation of law 4175
automatically expire and become void without further action of the 4176
board. The board may reinstate such license if application for 4177
licensure is made within a period of five (5) years, upon payment 4178
of the renewal fee for the current year, all renewal fees in 4179
arrears, and a reinstatement fee. After a period of five (5) 4180
years, the licensee must make application, pay the current renewal 4181
fee, all fees in arrears, and pass a written and/or oral 4182
examination as prepared or approved by the board. 4183
(9) No license shall be assignable or valid for any person 4184
other than the original licensee. 4185
(10) The board may, in its discretion, if there is a major 4186
disaster or emergency where human death is likely to occur, 4187
temporarily authorize the practice of funeral directing and 4188
funeral service by persons licensed to practice in another state 4189
but not licensed to practice in this state. Only persons licensed 4190
in this state, however, may sign death certificates. 4191
(11) Any funeral service technology or mortuary science 4192
program accredited by the American Board of Funeral Service 4193
Education in the State of Mississippi, as well as students 4194
enrolled in such a program, shall be exempt from licensing under 4195
this chapter when embalming or otherwise preparing a deceased 4196
human body for disposition as part of a student practicum 4197
experience, when the student is directly supervised by an 4198
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 171 (aa\kr)

instructor or preceptor who holds a current funeral service 4199
license. This exemption shall apply to practicum experiences 4200
performed at an accredited institution of funeral service 4201
technology or mortuary science program or at a duly licensed 4202
funeral establishment or commercial mortuary service. Nothing in 4203
this subsection shall be construed to allow any funeral service 4204
technology or mortuary science program, or those students enrolled 4205
in such a program, to engage in practicum experiences for 4206
remuneration. 4207
(12) Each application or filing made under this section 4208
shall include the social security number(s) of the applicant in 4209
accordance with Section 93-11-64. 4210
SECTION 48. Section 73-11-51, Mississippi Code of 1972, is 4211
amended as follows: 4212
73-11-51. (1) No person shall engage in the business or 4213
practice of funeral service, including embalming, and/or funeral 4214
directing or hold himself out as transacting or practicing or 4215
being entitled to transact or practice funeral service, including 4216
embalming, and/or funeral directing in this state unless duly 4217
licensed under the provisions of this chapter. 4218
(2) The board is authorized and empowered to examine 4219
applicants for licenses for the practice of funeral service and 4220
funeral directing and shall issue the proper license to those 4221
persons who successfully pass the applicable examination and 4222
otherwise comply with the provisions of this chapter. 4223
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 172 (aa\kr)

(3) To be licensed for the practice of funeral directing 4224
under this chapter, a person must furnish satisfactory evidence to 4225
the board that he or she: 4226
(a) Is at least eighteen (18) years of age; 4227
(b) Has a high school diploma or the equivalent 4228
thereof; 4229
(c) Has served as a resident trainee for not less than 4230
twelve (12) months under the supervision of a person licensed for 4231
the practice of funeral service or funeral directing in this 4232
state; and 4233
(d) Has successfully passed a written and/or oral 4234
examination as prepared or approved by the board * * *. 4235
* * * 4236
(4) To be licensed for the practice of funeral service under 4237
this chapter, a person must furnish satisfactory evidence to the 4238
board that he or she: 4239
(a) Is at least eighteen (18) years of age; 4240
(b) Has a high school diploma or the equivalent 4241
thereof; 4242
(c) Has successfully completed twelve (12) months or 4243
more of academic and professional instruction from an institution 4244
accredited by the United States Department of Education for 4245
funeral service education and have a certificate of completion 4246
from an institution accredited by the American Board of Funeral 4247
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 173 (aa\kr)

Service Education or any other successor recognized by the United 4248
States Department of Education for funeral service education; 4249
(d) Has served as a resident trainee for not less than 4250
twelve (12) months, either before or after graduation from an 4251
accredited institution mentioned above, under the supervision of a 4252
person licensed for the practice of funeral service in this state 4253
and in an establishment licensed in this state; and 4254
(e) Has successfully passed the National Conference of 4255
Funeral Examiners examination and/or such other examination as 4256
approved by the board * * *. 4257
* * * 4258
(5) All applications for examination and license for the 4259
practice of funeral service or funeral directing shall be upon 4260
forms furnished by the board and shall be accompanied by an 4261
examination fee, a licensing fee and a nonrefundable application 4262
fee in amounts fixed by the board in accordance with Section 4263
73-11-56. The fee for an initial license, however, may be 4264
prorated in proportion to the period of time from the date of 4265
issuance to the date of biennial license renewal prescribed in 4266
subsection (8) of this section. All applications for examination 4267
shall be filed with the board office at least sixty (60) days 4268
before the date of examination. A candidate shall be deemed to 4269
have abandoned the application for examination if he does not 4270
appear on the scheduled date of examination unless such failure to 4271
appear has been approved by the board. 4272
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 174 (aa\kr)

(6) The practice of funeral service or funeral directing 4273
must be engaged in at a licensed funeral establishment, at least 4274
one (1) of which is listed as the licensee's place of business; 4275
and no person, partnership, corporation, association or other 4276
organization shall open or maintain a funeral establishment at 4277
which to engage in or conduct or hold himself or itself out as 4278
engaging in the practice of funeral service or funeral directing 4279
until such establishment has complied with the licensing 4280
requirements of this chapter. A license for the practice of 4281
funeral service or funeral directing shall be used only at 4282
licensed funeral establishments; however, this provision shall not 4283
prevent a person licensed for the practice of funeral service or 4284
funeral directing from conducting a funeral service at a church, a 4285
residence, public hall, lodge room or cemetery chapel, if such 4286
person maintains a fixed licensed funeral establishment of his own 4287
or is in the employ of or an agent of a licensed funeral 4288
establishment. 4289
(7) Any person holding a valid, unrevoked and unexpired 4290
nonreciprocal license in another state or territory having 4291
requirements greater than or equal to those of this state as 4292
determined by the board may apply for a license to practice in 4293
this state by filing with the board a certified statement from the 4294
secretary of the licensing board of the state or territory in 4295
which the applicant holds his license certifying to his 4296
qualifications and good standing with that board. He/she must 4297
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 175 (aa\kr)

also successfully pass a written and/or oral examination on the 4298
Mississippi Funeral Service licensing law and rules and 4299
regulations as prepared or approved by the board, and must pay a 4300
nonrefundable application fee set by the board. If the board 4301
finds that the applicant has fulfilled aforesaid requirements and 4302
has fulfilled substantially similar requirements of those required 4303
for a Mississippi licensee, the board shall grant such license 4304
upon receipt of a fee in an amount equal to the renewal fee set by 4305
the board for a license for the practice of funeral service or 4306
funeral directing, as the case may be, in this state. The board 4307
may issue a temporary funeral service or funeral directing work 4308
permit before a license is granted, before the next regular 4309
meeting of the board, if the applicant for a reciprocal license 4310
has complied with all requirements, rules and regulations of the 4311
board. The temporary permit will expire at the next regular 4312
meeting of the board. The issuance of a license or temporary 4313
permit by reciprocity to a military-trained applicant, military 4314
spouse or person who establishes residence in this state shall be 4315
subject to the provisions of Section 73-50-1 or 73-50-2, as 4316
applicable. 4317
(8) (a) Except as provided in Section 33-1-39, any person 4318
holding a license for the practice of funeral service or funeral 4319
directing may have the same renewed for a period of two (2) years 4320
by making and filing with the board an application on or before 4321
the due date. Payment of the renewal fee shall be in an amount 4322
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 176 (aa\kr)

set by the board in accordance with Section 73-11-56. The board 4323
shall mail the notice of renewal and the due date for the payment 4324
of the renewal fee to the last-known address of each licensee at 4325
least thirty (30) days before that date. It is the responsibility 4326
of the licensee to notify the board in writing of any change of 4327
address. An application will be considered late if the 4328
application and proper fees are not in the board's office or 4329
postmarked by the due date. Failure of a license holder to 4330
receive the notice of renewal shall not exempt or excuse a license 4331
holder from the requirement of renewing the license on or before 4332
the license expiration date. 4333
(b) If the renewal fee is not paid on or postmarked by 4334
the due date, the license of such person shall by operation of law 4335
automatically expire and become void without further action of the 4336
board. The board may reinstate such license if application for 4337
licensure is made within a period of five (5) years, upon payment 4338
of the renewal fee for the current year, all renewal fees in 4339
arrears, and a reinstatement fee. After a period of five (5) 4340
years, the licensee must make application, pay the current renewal 4341
fee, all fees in arrears, and pass a written and/or oral 4342
examination as prepared or approved by the board. 4343
(9) No license shall be assignable or valid for any person 4344
other than the original licensee. 4345
(10) The board may, in its discretion, if there is a major 4346
disaster or emergency where human death is likely to occur, 4347
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 177 (aa\kr)

temporarily authorize the practice of funeral directing and 4348
funeral service by persons licensed to practice in another state 4349
but not licensed to practice in this state. Only persons licensed 4350
in this state, however, may sign death certificates. 4351
(11) Any funeral service technology or mortuary science 4352
program accredited by the American Board of Funeral Service 4353
Education in the State of Mississippi, as well as students 4354
enrolled in such a program, shall be exempt from licensing under 4355
this chapter when embalming or otherwise preparing a deceased 4356
human body for disposition as part of a student practicum 4357
experience, when the student is directly supervised by an 4358
instructor or preceptor who holds a current funeral service 4359
license. This exemption shall apply to practicum experiences 4360
performed at an accredited institution of funeral service 4361
technology or mortuary science program or at a duly licensed 4362
funeral establishment or commercial mortuary service. Nothing in 4363
this subsection shall be construed to allow any funeral service 4364
technology or mortuary science program, or those students enrolled 4365
in such a program, to engage in practicum experiences for 4366
remuneration. 4367
(12) Each application or filing made under this section 4368
shall include the social security number(s) of the applicant in 4369
accordance with Section 93-11-64. 4370
SECTION 49. Section 73-13-23, Mississippi Code of 1972, is 4371
amended as follows: 4372
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 178 (aa\kr)

73-13-23. (1) (a) The following shall be considered as 4373
minimum evidence satisfactory to the board that the applicant is 4374
qualified for licensure as a professional engineer: 4375
Graduation in an engineering curriculum of four (4) years or 4376
more from a school or college approved by the board as of 4377
satisfactory standing or graduation in an engineering, engineering 4378
technology, or related science curriculum of four (4) scholastic 4379
years from a school or college other than those approved by the 4380
board plus a graduate degree in an engineering curriculum from a 4381
school or college wherein the same engineering curriculum at the 4382
undergraduate level is approved by the board as of satisfactory 4383
standing; a specific record of four (4) years of qualifying 4384
engineering experience indicating that the applicant is competent 4385
to practice engineering (in counting years of experience, the 4386
board at its discretion may give credit not in excess of three (3) 4387
years for satisfactory graduate study in engineering), and the 4388
successful passing of examinations in engineering as prescribed by 4389
the board. 4390
(b) In considering the qualifications of applicants, 4391
engineering teaching may be construed as engineering experience. 4392
(c) The mere execution, as a contractor, of work 4393
designed by a professional engineer, or the supervision of the 4394
construction of such work as a foreman or superintendent shall not 4395
be deemed to be the practice of engineering. 4396
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 179 (aa\kr)

(d) Any person having the necessary qualifications 4397
prescribed in Sections 73-13-1 through 73-13-45 to entitle him to 4398
licensure shall be eligible for such licensure although he may not 4399
be practicing his profession at the time of making his 4400
application. 4401
(e) No person shall be eligible for licensure as a 4402
professional engineer who * * * presents claims in support of his 4403
application which contain major discrepancies. 4404
(2) The following shall be considered as minimum evidence 4405
satisfactory to the board that the applicant is qualified for 4406
enrollment as an engineer intern: 4407
(a) Graduation in an engineering curriculum of four (4) 4408
scholastic years or more from a school or college approved by the 4409
board as of satisfactory standing or graduation in an engineering, 4410
engineering technology, or related science curriculum of four (4) 4411
scholastic years from a school or college other than those 4412
approved by the board plus a graduate degree in an engineering 4413
curriculum from a school or college wherein that same engineering 4414
curriculum at the undergraduate level is approved by the board as 4415
of satisfactory standing; and 4416
(b) Successfully passing a written examination in the 4417
fundamental engineering subjects. 4418
SECTION 50. Section 73-13-77, Mississippi Code of 1972, is 4419
amended as follows: 4420
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 180 (aa\kr)

73-13-77. (1) The following shall be considered as minimum 4421
evidence satisfactory to the board that the applicant is qualified 4422
for licensure as a professional surveyor: 4423
(a) (i) A bachelor's degree in geomatics, surveying or 4424
surveying technology approved by the board consisting of a minimum 4425
of one hundred twenty (120) semester hours, or the equivalent, in 4426
surveying curriculum subjects and a specific record of four (4) 4427
years of qualifying surveying experience; or 4428
(ii) A bachelor's degree in a related science 4429
curriculum defined by board rule, consisting of sixty-two (62) 4430
semester hours in surveying curriculum subjects as defined by 4431
board rule, and a specific record of five (5) years of qualifying 4432
surveying experience; or 4433
(iii) A bachelor's degree in a related science 4434
curriculum defined by board rule, and a specific record of six (6) 4435
years of qualifying surveying experience; or 4436
(iv) An associate degree, or its equivalent, in a 4437
curriculum approved by the board consisting of sixty-two (62) 4438
semester hours in surveying curriculum subjects as defined by 4439
board rule, and a specific record of seven (7) years or more of 4440
qualifying surveying experience; or 4441
(v) A high school diploma, or its equivalent, and 4442
a specific record of twelve (12) years or more of qualifying 4443
surveying experience; and 4444
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 181 (aa\kr)

(b) Successfully passing examinations in surveying 4445
prescribed by the board. 4446
(2) The following shall be considered as minimum evidence 4447
satisfactory to the board that the applicant is qualified for 4448
enrollment as a surveyor intern: 4449
(a) (i) A bachelor's degree in geomatics, surveying or 4450
surveying technology approved by the board consisting of a minimum 4451
of one hundred twenty (120) semester hours, or the equivalent, in 4452
surveying curriculum subjects; or 4453
(ii) A bachelor's degree in a related science 4454
curriculum defined by board rule consisting of sixty-two (62) 4455
semester hours in surveying curriculum subjects as defined by 4456
board rule; or 4457
(iii) A bachelor's degree in a related science 4458
curriculum defined by board rule; or 4459
(iv) An associate degree, or its equivalent, in a 4460
curriculum approved by the board consisting of sixty-two (62) 4461
semester hours in surveying curriculum subjects as defined by 4462
board rule; or 4463
(v) A high school diploma, or its equivalent, and 4464
a specific record of eight (8) years or more of qualifying 4465
surveying experience; and 4466
(b) Successfully passing examinations in surveying 4467
fundamentals prescribed by the board. 4468
* * * 4469
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 182 (aa\kr)

SECTION 51. Section 73-15-19, Mississippi Code of 1972, is 4470
amended as follows: 4471
73-15-19. (1) Registered nurse applicant qualifications. 4472
Any applicant for a license to practice as a registered nurse 4473
shall submit to the board: 4474
(a) An attested written application on a Board of 4475
Nursing form; 4476
(b) Written official evidence of completion of a 4477
nursing program approved by the Board of Trustees of State 4478
Institutions of Higher Learning, or one approved by a legal 4479
accrediting agency of another state, territory or possession of 4480
the United States, the District of Columbia, or a foreign country 4481
which is satisfactory to this board; 4482
(c) Evidence of competence in English related to 4483
nursing, provided the first language is not English; 4484
(d) Any other official records required by the board. 4485
In addition to the requirements specified in paragraphs (a) 4486
through (d) of this subsection, in order to qualify for a license 4487
to practice as a registered nurse, an applicant must have 4488
successfully been cleared for licensure through an investigation 4489
that shall consist of a * * * verification that the prospective 4490
licensee is not guilty of or in violation of any statutory ground 4491
for denial of licensure as set forth in Section 73-15-29 or guilty 4492
of any offense specified in Section 73-15-33. To assist the board 4493
in conducting its licensure investigation, all applicants shall 4494
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 183 (aa\kr)

undergo a fingerprint-based criminal history records check of the 4495
Mississippi central criminal database and the Federal Bureau of 4496
Investigation criminal history database. Each applicant shall 4497
submit a full set of his or her fingerprints in a form and manner 4498
prescribed by the board, which shall be forwarded to the 4499
Mississippi Department of Public Safety (department) and the 4500
Federal Bureau of Investigation Identification Division for this 4501
purpose. 4502
Any and all state or national criminal history records 4503
information obtained by the board that is not already a matter of 4504
public record shall be deemed nonpublic and confidential 4505
information restricted to the exclusive use of the board, its 4506
members, officers, investigators, agents and attorneys in 4507
evaluating the applicant's eligibility or disqualification for 4508
licensure, and shall be exempt from the Mississippi Public Records 4509
Act of 1983. Except when introduced into evidence in a hearing 4510
before the board to determine licensure, no such information or 4511
records related thereto shall, except with the written consent of 4512
the applicant or by order of a court of competent jurisdiction, be 4513
released or otherwise disclosed by the board to any other person 4514
or agency. 4515
The board shall provide to the department the fingerprints of 4516
the applicant, any additional information that may be required by 4517
the department, and a form signed by the applicant consenting to 4518
the check of the criminal records and to the use of the 4519
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 184 (aa\kr)

fingerprints and other identifying information required by the 4520
state or national repositories. 4521
The board shall charge and collect from the applicant, in 4522
addition to all other applicable fees and costs, such amount as 4523
may be incurred by the board in requesting and obtaining state and 4524
national criminal history records information on the applicant. 4525
The board may, in its discretion, refuse to accept the 4526
application of any person who has been convicted of a criminal 4527
offense under any provision of Title 97 of the Mississippi Code of 4528
1972, as now or hereafter amended, or any provision of this 4529
article. 4530
(2) Licensure by examination. (a) Upon the board being 4531
satisfied that an applicant for a license as a registered nurse 4532
has met the qualifications set forth in subsection (1) of this 4533
section, the board shall proceed to examine such applicant in such 4534
subjects as the board shall, in its discretion, determine. The 4535
subjects in which applicants shall be examined shall be in 4536
conformity with curricula in schools of nursing approved by the 4537
Board of Trustees of State Institutions of Higher Learning, or one 4538
approved by a legal accrediting agency of another state, territory 4539
or possession of the United States, the District of Columbia, or a 4540
foreign country which is satisfactory to the board. 4541
(b) The applicant shall be required to pass the written 4542
examination as selected by the board. 4543
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 185 (aa\kr)

(c) Upon successful completion of such examination, the 4544
board shall issue to the applicant a license to practice as a 4545
registered nurse. 4546
(d) The board may use any part or all of the state 4547
board test pool examination for registered nurse licensure, its 4548
successor examination, or any other nationally standardized 4549
examination identified by the board in its rules. The passing 4550
score shall be established by the board in its rules. 4551
(3) Licensure by endorsement. The board may issue a license 4552
to practice nursing as a registered nurse without examination to 4553
an applicant who has been duly licensed as a registered nurse 4554
under the laws of another state, territory or possession of the 4555
United States, the District of Columbia, or a foreign country if, 4556
in the opinion of the board, the applicant meets the 4557
qualifications required of licensed registered nurses in this 4558
state and has previously achieved the passing score or scores on 4559
the licensing examination required by this state, at the time of 4560
his or her graduation. The issuance of a license by endorsement 4561
to a military-trained applicant, military spouse or person who 4562
establishes residence in this state shall be subject to the 4563
provisions of Section 73-50-1 or 73-50-2, as applicable. 4564
(4) Requirements for rewriting the examination. The board 4565
shall establish in its rules the requirements for rewriting the 4566
examination for those persons failing the examination on the first 4567
writing or subsequent rewriting. 4568
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 186 (aa\kr)

(5) Fee. The applicant applying for a license by 4569
examination or by endorsement to practice as a registered nurse 4570
shall pay a fee not to exceed One Hundred Dollars ($100.00) to the 4571
board. 4572
(6) Temporary permit. (a) The board may issue a temporary 4573
permit to practice nursing to a graduate of an approved school of 4574
nursing pending the results of the examination in Mississippi, and 4575
to a qualified applicant from another state, territory or 4576
possession of the United States, or District of Columbia, or 4577
pending licensure procedures as provided for elsewhere in this 4578
article. The fee shall not exceed Twenty-five Dollars ($25.00). 4579
(b) The board may issue a temporary permit for a period 4580
of ninety (90) days to a registered nurse who is currently 4581
licensed in another state, territory or possession of the United 4582
States or the District of Columbia and who is an applicant for 4583
licensure by endorsement. Such permit is not renewable except by 4584
board action. The issuance of a temporary permit to a 4585
military-trained applicant, military spouse or person who 4586
establishes residence in this state shall be subject to the 4587
provisions of Section 73-50-1 or 73-50-2, as applicable. 4588
(c) The board may issue a temporary permit to a 4589
graduate of an approved school of nursing pending the results of 4590
the first licensing examination scheduled after application. Such 4591
permit is not renewable except by board action. 4592
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 187 (aa\kr)

(d) The board may issue a temporary permit for a period 4593
of thirty (30) days to any registered nurse during the time 4594
enrolled in a nursing reorientation program. This time period may 4595
be extended by board action. The fee shall not exceed Twenty-five 4596
Dollars ($25.00). 4597
(e) The board may adopt such regulations as are 4598
necessary to limit the practice of persons to whom temporary 4599
permits are issued. 4600
(7) Temporary license. The board may issue a temporary 4601
license to practice nursing at a youth camp licensed by the State 4602
Board of Health to nonresident registered nurses and retired 4603
resident registered nurses under the provisions of Section 4604
75-74-8. 4605
(8) Title and abbreviation. Any person who holds a license 4606
or holds the privilege to practice as a registered nurse in this 4607
state shall have the right to use the title "registered nurse" and 4608
the abbreviation "R.N." No other person shall assume such title 4609
or use such abbreviation, or any words, letters, signs or devices 4610
to indicate that the person using the same is a registered nurse. 4611
(9) Registered nurses licensed under a previous law. Any 4612
person holding a license to practice nursing as a registered nurse 4613
issued by this board which is valid on July 1, 1981, shall 4614
thereafter be deemed to be licensed as a registered nurse under 4615
the provisions of this article upon payment of the fee provided in 4616
Section 73-15-27. 4617
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 188 (aa\kr)

(10) Each application or filing made under this section 4618
shall include the social security number(s) of the applicant in 4619
accordance with Section 93-11-64. 4620
SECTION 52. Section 73-15-21, Mississippi Code of 1972, is 4621
amended as follows: 4622
73-15-21. (1) Licensed practical nurse applicant 4623
qualifications. Any applicant for a license to practice practical 4624
nursing as a licensed practical nurse shall submit to the board: 4625
(a) An attested written application on a Board of 4626
Nursing form; 4627
(b) A diploma from an approved high school or the 4628
equivalent thereof, as determined by the appropriate educational 4629
agency; 4630
(c) Written official evidence of completion of a 4631
practical nursing program approved by the State Department of 4632
Education through its Division of Vocational Education, or one 4633
approved by a legal accrediting agency of another state, territory 4634
or possession of the United States, the District of Columbia, or a 4635
foreign country which is satisfactory to this board; 4636
(d) Evidence of competence in English related to 4637
nursing, provided the first language is not English; 4638
(e) Any other official records required by the board. 4639
(2) Licensed practical nurse applicant qualifications for 4640
military medics. Any applicant for a license to practice 4641
practical nursing as a licensed practical nurse who is a United 4642
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 189 (aa\kr)

States Army Combat Medic Specialist, a United States Navy Hospital 4643
Corpsman, or a United States Air Force Aerospace Medical Service 4644
Specialist shall submit to the board: 4645
(a) An attested written application on a Board of 4646
Nursing form; 4647
(b) A diploma from an approved high school or the 4648
equivalent thereof, as determined by the appropriate educational 4649
agency; 4650
(c) Written official evidence of completion of the 4651
training required for a United States Army Combat Medic 4652
Specialist, a United States Navy Hospital Corpsman, or a United 4653
States Air Force Aerospace Medical Service Specialist, and after 4654
such training, completion of two (2) years of clinical experience 4655
that involves providing direct patient care, which may include 4656
trauma or emergency oriented care; 4657
(d) Evidence of competence in English related to 4658
nursing, provided the first language is not English; 4659
(e) Any other official records required by the board. 4660
(3) Additional requirements for applicants. In addition to 4661
the requirements specified in paragraphs (a) through (e) of 4662
subsection (1) or (2) of this section, in order to qualify for a 4663
license to practice practical nursing as a licensed practical 4664
nurse, an applicant must have successfully been cleared for 4665
licensure through an investigation that shall consist of a * * * 4666
verification that the prospective licensee is not guilty of or in 4667
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 190 (aa\kr)

violation of any statutory ground for denial of licensure as set 4668
forth in Section 73-15-29 or guilty of any offense specified in 4669
Section 73-15-33. To assist the board in conducting its licensure 4670
investigation, all applicants shall undergo a fingerprint-based 4671
criminal history records check of the Mississippi central criminal 4672
database and the Federal Bureau of Investigation criminal history 4673
database. Each applicant shall submit a full set of his or her 4674
fingerprints in a form and manner prescribed by the board, which 4675
shall be forwarded to the Mississippi Department of Public Safety 4676
(department) and the Federal Bureau of Investigation 4677
Identification Division for this purpose. 4678
Any and all state or national criminal history records 4679
information obtained by the board that is not already a matter of 4680
public record shall be deemed nonpublic and confidential 4681
information restricted to the exclusive use of the board, its 4682
members, officers, investigators, agents and attorneys in 4683
evaluating the applicant's eligibility or disqualification for 4684
licensure, and shall be exempt from the Mississippi Public Records 4685
Act of 1983. Except when introduced into evidence in a hearing 4686
before the board to determine licensure, no such information or 4687
records related thereto shall, except with the written consent of 4688
the applicant or by order of a court of competent jurisdiction, be 4689
released or otherwise disclosed by the board to any other person 4690
or agency. 4691
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 191 (aa\kr)

The board shall provide to the department the fingerprints of 4692
the applicant, any additional information that may be required by 4693
the department, and a form signed by the applicant consenting to 4694
the check of the criminal records and to the use of the 4695
fingerprints and other identifying information required by the 4696
state or national repositories. 4697
The board shall charge and collect from the applicant, in 4698
addition to all other applicable fees and costs, such amount as 4699
may be incurred by the board in requesting and obtaining state and 4700
national criminal history records information on the applicant. 4701
The board may, in its discretion, refuse to accept the 4702
application of any person who has been convicted of a criminal 4703
offense under any provision of Title 97 of the Mississippi Code of 4704
1972, as now or hereafter amended, or any provision of this 4705
article. 4706
(4) Licensure by examination. (a) Upon the board being 4707
satisfied that an applicant for a license as a practical nurse has 4708
met the qualifications set forth in subsection (1) or (2) of this 4709
section and subsection (3) of this section, the board shall 4710
proceed to examine such applicant in such subjects as the board 4711
shall, in its discretion, determine. The subjects in which 4712
applicants shall be examined shall be in conformity with curricula 4713
in schools of practical nursing approved by the State Department 4714
of Education. 4715
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 192 (aa\kr)

(b) The applicant shall be required to pass the written 4716
examination selected by the board. 4717
(c) Upon successful completion of such examination, the 4718
board shall issue to the applicant a license to practice as a 4719
licensed practical nurse. 4720
(d) The board may use any part or all of the state 4721
board test pool examination for practical nurse licensure, its 4722
successor examination, or any other nationally standardized 4723
examination identified by the board in its rules. The passing 4724
score shall be established by the board in its rules. 4725
(5) Licensure by endorsement. The board may issue a license 4726
to practice practical nursing as a licensed practical nurse 4727
without examination to an applicant who has been duly licensed as 4728
a licensed practical nurse under the laws of another state, 4729
territory or possession of the United States, the District of 4730
Columbia, or a foreign country if, in the opinion of the board, 4731
the applicant meets the qualifications required of licensed 4732
practical nurses in this state and has previously achieved the 4733
passing score or scores on the licensing examination required by 4734
this state at the time of his or her graduation. The issuance of 4735
a license by endorsement to a military-trained applicant, military 4736
spouse or person who establishes residence in this state shall be 4737
subject to the provisions of Section 73-50-1 or 73-50-2, as 4738
applicable. 4739
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 193 (aa\kr)

(6) Licensure by equivalent amount of theory and clinical 4740
experience. In the discretion of the board, former students of a 4741
state-accredited school preparing students to become registered 4742
nurses may be granted permission to take the examination for 4743
licensure to practice as a licensed practical nurse, provided the 4744
applicant's record or transcript indicates the former student 4745
completed an equivalent amount of theory and clinical experiences 4746
as required of a graduate of a practical nursing program, and 4747
provided the school attended was, at the time of the student's 4748
attendance, an accredited school of nursing. 4749
(7) Requirements for rewriting the examination. The board 4750
shall establish in its rules the requirements for rewriting the 4751
examination for those persons failing the examination on the first 4752
writing or subsequent writing. 4753
(8) Fee. The applicant applying for a license by 4754
examination or by endorsement to practice as a licensed practical 4755
nurse shall pay a fee not to exceed Sixty Dollars ($60.00) to the 4756
board. 4757
(9) Temporary permit. (a) The board may issue a temporary 4758
permit to practice practical nursing to a graduate of an approved 4759
school of practical nursing pending the results of the examination 4760
in Mississippi, and to a qualified applicant from another state, 4761
territory or possession of the United States, or the District of 4762
Columbia, pending licensing procedures as provided for elsewhere 4763
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 194 (aa\kr)

in this article. The fee shall not exceed Twenty-five Dollars 4764
($25.00). 4765
(b) The board may issue a temporary permit for a period 4766
of ninety (90) days to a licensed practical nurse who is currently 4767
licensed in another state, territory or possession of the United 4768
States or the District of Columbia and who is an applicant for 4769
licensure by endorsement. Such permit is not renewable except by 4770
board action. The issuance of a temporary permit to a 4771
military-trained applicant, military spouse or person who 4772
establishes residence in this state shall be subject to the 4773
provisions of Section 73-50-1 or 73-50-2, as applicable. 4774
(c) The board may issue a temporary permit to a 4775
graduate of an approved practical nursing education program or an 4776
equivalent program satisfactory to the board pending the results 4777
of the first licensing examination scheduled after application. 4778
Such permit is not renewable except by board action. 4779
(d) The board may issue a temporary permit for a period 4780
of thirty (30) days to any licensed practical nurse during the 4781
time enrolled in a nursing reorientation program. This time 4782
period may be extended by board action. The fee shall not exceed 4783
Twenty-five Dollars ($25.00). 4784
(e) The board may adopt such regulations as are 4785
necessary to limit the practice of persons to whom temporary 4786
permits are issued. 4787
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 195 (aa\kr)

(10) Title and abbreviation. Any person who holds a license 4788
or holds the privilege to practice as a licensed practical nurse 4789
in this state shall have the right to use the title "licensed 4790
practical nurse" and the abbreviation "L.P.N." No other person 4791
shall assume such title or use such abbreviation, or any words, 4792
letters, signs or devices to indicate that a person using the same 4793
is a licensed practical nurse. 4794
(11) Licensed practical nurses licensed under a previous 4795
law. Any person holding a license to practice nursing as a 4796
practical nurse issued by this board which is valid on July 1, 4797
1981, shall thereafter be deemed to be licensed as a practical 4798
nurse under the provisions of this article upon payment of the fee 4799
prescribed in Section 73-15-27. 4800
(12) Each application or filing made under this section 4801
shall include the social security number(s) of the applicant in 4802
accordance with Section 93-11-64. 4803
SECTION 53. Section 73-17-9, Mississippi Code of 1972, is 4804
amended as follows: 4805
73-17-9. It shall be the function and duty of the board to: 4806
(a) Develop, impose, and enforce standards which must 4807
be met by individuals in order to receive a license as a nursing 4808
home administrator, which standards shall be designed to ensure 4809
that nursing home administrators will be individuals who are of 4810
good character and are * * * suitable, and who, by training or 4811
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 196 (aa\kr)

experience in the field of institutional administration, are 4812
qualified to serve as nursing home administrators; 4813
(b) Develop and apply appropriate techniques, including 4814
examinations and investigations, for determining whether an 4815
individual meets such standards; 4816
(c) Issue licenses to individuals determined, after the 4817
application of such techniques, to meet such standards, and revoke 4818
or suspend licenses previously issued by the board in any case 4819
where the individual holding any such license is determined 4820
substantially to have failed to conform to the requirements of 4821
such standards; 4822
(d) Establish and carry out procedures designed to 4823
ensure that individuals licensed as nursing home administrators 4824
will, during any period that they serve as such, comply with the 4825
requirements of such standards; 4826
(e) Receive, investigate, and take appropriate action 4827
with respect to any charge or complaint filed with the board to 4828
the effect that any individual licensed as a nursing home 4829
administrator has failed to comply with the requirements of such 4830
standards; 4831
(f) Conduct a continuing study and investigation of 4832
nursing homes and administrators of nursing homes within the state 4833
with a view to the improvement of the standards imposed for the 4834
licensing of such administrators and of procedures and methods for 4835
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 197 (aa\kr)

the enforcement of such standards with respect to administrators 4836
of nursing homes who have been licensed as such; and 4837
(g) To devise and implement an educational program 4838
designed to increase the professional proficiency of nursing home 4839
administrators and to assist otherwise qualified individuals to 4840
prepare for careers in nursing home administration. 4841
SECTION 54. Section 73-17-11, Mississippi Code of 1972, is 4842
amended as follows: 4843
73-17-11. (1) From and after July 1, 2011, in order to be 4844
eligible to be licensed as a nursing home administrator, an 4845
individual must submit evidence satisfactory to the board that he 4846
or she: 4847
(a) Is at least twenty-one (21) years of age; 4848
(b) * * * Has not been convicted of a disqualifying 4849
crime as provided in the Fresh Start Act, including evidence of a 4850
criminal background check within the last six (6) months, under 4851
Section 43-11-13 and Section G.407.3 of the Minimum Standards for 4852
Institutions for the Aged or Infirm; 4853
(c) Is in good health; 4854
(d) Has satisfied at least one (1) of the following 4855
requirements for education and experience: 4856
(i) Has sixty-four (64) hours of college work from 4857
an accredited institution and has worked in a supervisory capacity 4858
in a Mississippi-licensed nursing home for a minimum of two (2) 4859
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 198 (aa\kr)

years immediately before making application for the 4860
Administrator-in-Training Program established by board rule; 4861
(ii) Has an associate degree from an accredited 4862
institution and has worked in a supervisory capacity in a 4863
Mississippi-licensed nursing home for a minimum of two (2) years 4864
immediately before making application for the 4865
Administrator-in-Training Program established by board rule; 4866
(iii) Has a bachelor's degree in any other field 4867
of study from an accredited institution before making application 4868
for the Administrator-in-Training Program established by board 4869
rule; or 4870
(iv) Has a bachelor's degree in health care 4871
administration or a health care related field or business from an 4872
accredited institution before making application for the 4873
Administrator-in-Training Program established by board rule; 4874
(e) Has (i) completed a nursing home 4875
Administrator-in-Training Program and successfully completed the 4876
National Association of Long-Term Care Administrator Board (NAB) 4877
examination, or (ii) completed an Administrator-in-Training 4878
Program in Long-Term Care Administration from an academic 4879
institution during which time the institution held National 4880
Association of Long-Term Care Administrator Board (NAB) Program 4881
Approval through the academic approval process, to the 4882
satisfaction of the board; 4883
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 199 (aa\kr)

(f) Has successfully passed the National Association of 4884
Long-Term Care Administrator Board (NAB) examination and the 4885
Mississippi State Board of Nursing Home Administrators examination 4886
to test his or her proficiency and basic knowledge in the area of 4887
nursing home administration. The board may establish the 4888
frequency of the offering of those examinations and the contents 4889
thereof; and 4890
(g) Has met all of the requirements established by 4891
federal law. 4892
(2) The board is authorized to conduct a criminal history 4893
records check on applicants for licensure. In order to determine 4894
the applicant's suitability for licensing, the applicant shall be 4895
fingerprinted. The board shall submit the fingerprints to the 4896
Department of Public Safety for a check of the state criminal 4897
records and forward to the Federal Bureau of Investigation for a 4898
check of the national criminal records. The Department of Public 4899
Safety shall disseminate the results of the state check and the 4900
national check to the board for a suitability determination. The 4901
applicant shall not be charged any of the costs of requesting and 4902
obtaining the state and national criminal history records 4903
information on the applicant. 4904
(3) Reciprocity shall be extended to individuals holding 4905
licenses as nursing home administrators in other states, upon 4906
proper application and a finding on the part of the board that: 4907
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 200 (aa\kr)

(a) The applicant possesses the basic qualifications 4908
listed in this chapter and in the rules and regulations adopted 4909
under federal law; 4910
(b) The applicant has met all of the requirements 4911
established by federal law; and 4912
(c) The standards for licensure in the other states are 4913
at least the substantial equivalent of those in this state, 4914
including education and experience, and the applicant has passed 4915
both the National Association of Long-Term Care Administrator 4916
Board (NAB) and the state exams. 4917
The issuance of a license by reciprocity to a 4918
military-trained applicant, military spouse or person who 4919
establishes residence in this state shall be subject to the 4920
provisions of Section 73-50-1 or 73-50-2, as applicable. 4921
(4) The board may prescribe appropriate fees for the taking 4922
of those examinations and for the issuance of licenses. Those 4923
fees shall be not more than the cost of the examinations and Five 4924
Hundred Fifty Dollars ($550.00) for the issuance of a license. 4925
However, the fee for an initial license may be prorated in 4926
proportion to the period of time from the date of issuance and the 4927
date of biennial license renewal prescribed in subsection (5). 4928
All licenses issued under this chapter shall be for a maximum 4929
period of two (2) years. 4930
(5) Except as provided in Section 33-1-39, the board may 4931
renew licenses biennially upon the payment of a fee to be 4932
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 201 (aa\kr)

established by the board, which shall be not more than Five 4933
Hundred Fifty Dollars ($550.00), plus any administrative costs for 4934
late payment. 4935
(6) Any person who is not licensed under this chapter on 4936
July 1, 2011, who makes application with the board on or before 4937
June 30, 2012, may qualify for a license under this chapter 4938
provided that on or before January 31, 2014, he or she 4939
demonstrates to the satisfaction of the board that he or she (a) 4940
meets the eligibility requirements for a nursing home 4941
administrator's license prescribed in this section as those 4942
requirements existed on June 30, 2011; (b) has successfully 4943
completed the Administrator-in-Training Program requirements 4944
existing on June 30, 2011; and (c) has paid all required fees for 4945
licensure. 4946
(7) Current licensure by the Department of Mental Health 4947
under Section 41-4-7(r) as a mental health/intellectual disability 4948
program administrator shall exempt the licensee from the 4949
requirement of licensure as a nursing home administrator if the 4950
licensee is employed in the state mental health system as 4951
Administrator of Intermediate Care Facility or Facilities for 4952
Persons with Intellectual Disabilities (ICF/ID) no larger than 4953
sixteen (16) beds. 4954
(8) Any member of the Legislature who serves on the Public 4955
Health and/or Medicaid Committee who is a licensed nursing home 4956
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 202 (aa\kr)

administrator shall be exempt from continuing education 4957
requirements for license renewal. 4958
SECTION 55. Section 73-19-17, Mississippi Code of 1972, is 4959
amended as follows: 4960
73-19-17. Any person over the age of twenty-one (21) 4961
years * * * who has graduated from a reputable school or college 4962
of optometry, shall be entitled to stand for the examination for 4963
license to practice optometry in Mississippi. The examining Board 4964
of Optometry shall keep on file a list of schools or colleges of 4965
optometry which are recognized by said board. The examination to 4966
practice optometry shall consist of tests in practical, 4967
theoretical and physiological optics, in theoretical and practical 4968
optometry and in anatomy and physiology of the eye and in 4969
pathology as applied to optometry. The State Board of Optometry 4970
shall not examine or certify any optometrist in any therapeutic 4971
procedures unless the optometrist has successfully completed the 4972
proper didactic education and supervised clinical training taught 4973
by an institution accredited by a regional or professional 4974
accreditation organization that is recognized or approved by the 4975
Council on Postsecondary Accreditation of the United States 4976
Department of Education, or its successor, and approved by the 4977
State Board of Optometry with the advice and consultation of the 4978
designated members of the State Board of Medical Licensure and the 4979
State Board of Pharmacy. 4980
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 203 (aa\kr)

SECTION 56. Section 73-21-85, Mississippi Code of 1972, is 4981
amended as follows: 4982
73-21-85. (1) To obtain a license to engage in the practice 4983
of pharmacy by examination, or by score transfer, the applicant 4984
shall: 4985
(a) Have submitted a written application on the form 4986
prescribed by the board; 4987
* * * 4988
( * * *b) Have graduated from a school or college of 4989
pharmacy accredited by the Accreditation Council for Pharmacy 4990
Education and have been granted a pharmacy degree therefrom; 4991
( * * *c) Have successfully passed an examination 4992
approved by the board; 4993
( * * *d) Have paid all fees specified by the board for 4994
examination, not to exceed the cost to the board of administering 4995
the examination; 4996
( * * *e) Have paid all fees specified by the board for 4997
licensure; and 4998
( * * *f) Have submitted evidence of externship and/or 4999
internship as specified by the board. 5000
(2) To obtain a license to engage in the practice of 5001
pharmacy, a foreign pharmacy graduate applicant shall obtain the 5002
National Association of Boards of Pharmacy's Foreign Pharmacy 5003
Graduate Examination Committee's certification, which shall 5004
include, but not be limited to, successfully passing the Foreign 5005
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 204 (aa\kr)

Pharmacy Graduate Equivalency Examination and attaining a total 5006
score of at least five hundred fifty (550) on the Test of English 5007
as a Foreign Language (TOEFL), and shall: 5008
(a) Have submitted a written application on the form 5009
prescribed by the board; 5010
* * * 5011
( * * *b) Have graduated and been granted a pharmacy 5012
degree from a college or school of pharmacy recognized and 5013
approved by the National Association of Boards of Pharmacy's 5014
Foreign Pharmacy Graduate Examination Committee; 5015
( * * *c) Have paid all fees specified by the board for 5016
examination, not to exceed the cost to the board of administering 5017
the examination; 5018
( * * *d) Have successfully passed an examination 5019
approved by the board; 5020
( * * *e) Have completed the number of internship hours 5021
as set forth by regulations of the board; and 5022
( * * *f) Have paid all fees specified by the board for 5023
licensure. 5024
(3) Each application or filing made under this section shall 5025
include the social security number(s) of the applicant in 5026
accordance with Section 93-11-64. 5027
(4) * * * The board shall conduct a criminal history records 5028
check on all applicants for a license. In order to determine the 5029
applicant's suitability for licensing, the applicant shall be 5030
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 205 (aa\kr)

fingerprinted. The board shall submit the fingerprints to the 5031
Department of Public Safety for a check of the state criminal 5032
records and forward to the Federal Bureau of Investigation for a 5033
check of the national criminal records. The Department of Public 5034
Safety shall disseminate the results of the state check and the 5035
national check to the board for a suitability determination. The 5036
board shall be authorized to collect from the applicant the amount 5037
of the fee that the Department of Public Safety charges the board 5038
for the fingerprinting, whether manual or electronic, and the 5039
state and national criminal history records checks. 5040
(5) * * * The board, upon request of the dean of a school of 5041
pharmacy in Mississippi, shall be authorized to conduct a criminal 5042
history records check on all applicants for enrollment into the 5043
school of pharmacy. In order to determine the applicant's 5044
suitability for enrollment and licensing, the applicant shall be 5045
fingerprinted. The board shall submit the fingerprints to the 5046
Department of Public Safety for a check of the state criminal 5047
records and forward to the Federal Bureau of Investigation for a 5048
check of the national criminal records. The Department of Public 5049
Safety shall disseminate the results of the state check and the 5050
national check to the board for a suitability determination and 5051
the board shall forward the results to the dean of the school of 5052
pharmacy. The board shall be authorized to collect from the 5053
applicant the amount of the fee that the Department of Public 5054
Safety charges the board for the fingerprinting, whether manual or 5055
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 206 (aa\kr)

electronic, and the state and national criminal history records 5056
checks. 5057
SECTION 57. Section 73-21-87, Mississippi Code of 1972, is 5058
amended as follows: 5059
73-21-87. (1) To obtain a license to engage in the practice 5060
of pharmacy by reciprocity or license transfer, the applicant 5061
shall: 5062
(a) Have submitted a written application on the form 5063
prescribed by the board; 5064
* * * 5065
( * * *b) Have possessed at the time of initial 5066
licensure as a pharmacist such other qualifications necessary to 5067
have been eligible for licensure at that time in that state; 5068
( * * *c) Have presented to the board proof that any 5069
license or licenses granted to the applicant by any other states 5070
have not been suspended, revoked, cancelled or otherwise 5071
restricted for any reason except nonrenewal or the failure to 5072
obtain required continuing education credits; and 5073
( * * *d) Have paid all fees specified by the board for 5074
licensure. 5075
(2) No applicant shall be eligible for licensure by 5076
reciprocity or license transfer unless the state in which the 5077
applicant was initially licensed also grants a reciprocal license 5078
or transfer license to pharmacists licensed by this state under 5079
like circumstances and conditions. 5080
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 207 (aa\kr)

(3) The issuance of a license by reciprocity to a 5081
military-trained applicant, military spouse or person who 5082
establishes residence in this state shall be subject to the 5083
provisions of Section 73-50-1 or 73-50-2, as applicable. 5084
(4) Each application or filing made under this section shall 5085
include the social security number(s) of the applicant in 5086
accordance with Section 93-11-64. 5087
SECTION 58. Section 73-21-111, Mississippi Code of 1972, is 5088
amended as follows: 5089
73-21-111. (1) The board shall make, adopt, amend and 5090
repeal, from time to time, such rules and regulations for the 5091
regulation of supportive personnel as may be deemed necessary by 5092
the board. 5093
(2) Every person who acts or serves as a pharmacy technician 5094
in a pharmacy that is located in this state and permitted by the 5095
board shall obtain a registration from the board. To obtain a 5096
pharmacy technician registration the applicant must: 5097
(a) Have submitted a written application on a form(s) 5098
prescribed by the board; and 5099
* * * 5100
( * * *b) Have paid the initial registration fee not to 5101
exceed One Hundred Dollars ($100.00). 5102
(3) Each pharmacy technician shall renew his or her 5103
registration annually. To renew his or her registration, a 5104
technician must: 5105
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 208 (aa\kr)

(a) Submit an application on a form prescribed by the 5106
board; and 5107
(b) Pay a renewal fee not to exceed One Hundred Dollars 5108
($100.00) for each annual registration period. The board may add 5109
a surcharge of not more than Five Dollars ($5.00) to the 5110
registration renewal fee to assist in funding a program that 5111
assists impaired pharmacists, pharmacy students and pharmacy 5112
technicians. 5113
(4) * * * The board shall conduct a criminal history records 5114
check on all applicants for a license. In order to determine the 5115
applicant's suitability for licensing, the applicant shall be 5116
fingerprinted. The board shall submit the fingerprints to the 5117
Department of Public Safety for a check of the state criminal 5118
records and forward to the Federal Bureau of Investigation for a 5119
check of the national criminal records. The Department of Public 5120
Safety shall disseminate the results of the state check and the 5121
national check to the board for a suitability determination. The 5122
board shall be authorized to collect from the applicant the amount 5123
of the fee that the Department of Public Safety charges the board 5124
for the fingerprinting, whether manual or electronic, and the 5125
state and national criminal history records checks. 5126
SECTION 59. Section 73-23-47, Mississippi Code of 1972, is 5127
amended as follows: 5128
73-23-47. (1) Any person who desires to be licensed under 5129
this chapter must: * * * ( * * *a) have graduated from a physical 5130
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 209 (aa\kr)

therapy or physical therapist assistant program, as the case may 5131
be, accredited by an agency recognized by the United States 5132
Department of Education, Office on Postsecondary Education; * * * 5133
( * * *b) pay a nonrefundable examination fee as set by the board; 5134
( * * *c) pay an application fee, no part of which shall be 5135
refunded; ( * * *d) be examined for licensure by the board; and 5136
meet the requirements established by the rules of the board. The 5137
licensure examination for physical therapists and for physical 5138
therapist assistants shall be selected by the board and may also 5139
include an oral examination or practical examination or both at 5140
the discretion of the board. 5141
(2) Any person who desires to exercise the privilege to 5142
practice under the Physical Therapy Licensure Compact must 5143
complete the terms and provisions of the compact as prescribed in 5144
Section 73-23-101. 5145
(3) Each application or filing made under this section shall 5146
include the social security number(s) of the applicant in 5147
accordance with Section 93-11-64. 5148
SECTION 60. Section 73-23-51, Mississippi Code of 1972, is 5149
amended as follows: 5150
73-23-51. (1) The board may license as a physical therapist 5151
or as a physical therapist assistant, and furnish a certificate of 5152
licensure without examination to, any applicant who presents 5153
evidence, satisfactory to the board, of having passed an 5154
examination before a similar lawfully authorized examining agency 5155
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 210 (aa\kr)

or board in physical therapy of another state or the District of 5156
Columbia, if the standards for registration in physical therapy or 5157
for licensure as a physical therapist assistant in such other 5158
state or district are determined by the board to be as high as 5159
those of this state. The issuance of a license by reciprocity to 5160
a military-trained applicant, military spouse or person who 5161
establishes residence in this state shall be subject to the 5162
provisions of Section 73-50-1 or 73-50-2, as applicable. 5163
(2) Any person who has been trained as a physical therapist 5164
in a foreign country and desires to be licensed under this chapter 5165
and who: * * * ( * * *a) holds a diploma from an educational 5166
program for physical therapists approved by the board; ( * * *b) 5167
submits documentary evidence to the board that he has completed a 5168
course of professional instruction substantially equivalent to 5169
that obtained by an applicant for licensure; ( * * *c) 5170
demonstrates satisfactory proof of proficiency in the English 5171
language; and ( * * *d) meets other requirements established by 5172
rules of the board, may make application on a form furnished by 5173
the board for examination as a foreign-trained physical therapist. 5174
At the time of making such application, the applicant shall pay 5175
the fee prescribed by the board, no portion of which shall be 5176
returned. 5177
Any person who desires to be licensed under this subsection 5178
shall take an examination approved by the board and shall obtain a 5179
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 211 (aa\kr)

permanent license. If this requirement is not met, the license of 5180
the foreign-trained therapist may be revoked. 5181
SECTION 61. Section 73-24-19, Mississippi Code of 1972, is 5182
amended as follows: 5183
73-24-19. (1) An applicant applying for a license as an 5184
occupational therapist or as an occupational therapy assistant 5185
shall file a written application on forms provided by the board, 5186
showing to the satisfaction of the board that he or she meets the 5187
following requirements: 5188
* * * 5189
( * * *a) Has been awarded a degree from an education 5190
program in occupational therapy recognized by the board, with a 5191
concentration of instruction in basic human sciences, the human 5192
development process, occupational tasks and activities, the 5193
health-illness-health continuum, and occupational therapy theory 5194
and practice: 5195
(i) For an occupational therapist, such program 5196
shall be accredited by the Accreditation Council for Occupational 5197
Therapy Education of the American Occupational Therapy Association 5198
or the board-recognized accrediting body; 5199
(ii) For an occupational therapy assistant, such a 5200
program shall be accredited by the Accreditation Council for 5201
Occupational Therapy Education of the American Occupational 5202
Therapy Association or the board-recognized accrediting body; 5203
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 212 (aa\kr)

( * * *b) Has successfully completed a period of 5204
supervised fieldwork experience at a recognized educational 5205
institution or a training program approved by the educational 5206
institution where he or she met the academic requirements: 5207
(i) For an occupational therapist, the required 5208
supervised fieldwork experience shall meet current national 5209
standards that are published annually by the board; 5210
(ii) For an occupational therapy assistant, the 5211
required supervised fieldwork experience shall meet national 5212
standards that are published annually by the board. 5213
(2) The board shall approve an examination for occupational 5214
therapists and an examination for occupational therapy assistants 5215
that will be used as the examination for licensure. 5216
(3) Any person applying for licensure shall, in addition to 5217
demonstrating his or her eligibility in accordance with the 5218
requirements of this section, make application to the board for 5219
review of proof of his or her eligibility for certification by the 5220
National Board for Certification in Occupational Therapy, Inc. 5221
(NBCOT), or its successor organization, on a form and in such a 5222
manner as the board shall prescribe. The application shall be 5223
accompanied by the fee fixed in accordance with the provisions of 5224
Section 73-24-29. The board shall establish standards for 5225
acceptable performance on the examination. A person who fails an 5226
examination may apply for reexamination upon payment of the 5227
prescribed fee. 5228
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 213 (aa\kr)

(4) Applicants for licensure shall be examined at a time and 5229
place and under such supervision as the board may require. The 5230
board shall give reasonable public notice of these examinations in 5231
accordance with its rules and regulations. 5232
(5) An applicant may be licensed as an occupational 5233
therapist if he or she: (a) has practiced as an occupational 5234
therapy assistant for four (4) years, (b) has completed the 5235
requirements of a period of six (6) months of supervised fieldwork 5236
experience at a recognized educational institution or a training 5237
program approved by a recognized accredited educational 5238
institution before January 1, 1988, and (c) has passed the 5239
examination for occupational therapists. 5240
(6) An applicant applying for a compact privilege to 5241
practice as an occupational therapist or as an occupational 5242
therapy assistant must meet the requirements set out in the 5243
Occupational Therapy Licensure Compact provided for in Section 5244
73-24-51. 5245
(7) Each application or filing made under this section shall 5246
include the social security number(s) of the applicant in 5247
accordance with Section 93-11-64. 5248
SECTION 62. Section 73-24-21, Mississippi Code of 1972, is 5249
amended as follows: 5250
73-24-21. (1) The board shall grant a license to any person 5251
certified prior to July 1, 1988, as an Occupational Therapist 5252
Registered (OTR) or a Certified Occupational Therapy Assistant 5253
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 214 (aa\kr)

(COTA) by the American Occupational Therapy Association (AOTA). 5254
The board may waive the examination, education or experience 5255
requirements and grant a license to any person certified by AOTA 5256
after July 1, 1988, if the board determines the requirements for 5257
such certification are equivalent to the requirements for 5258
licensure in this article. 5259
(2) The board may waive the examination, education or 5260
experience requirements and grant a license to any applicant who 5261
shall present proof of current licensure as an occupational 5262
therapist or occupational therapy assistant in another state, the 5263
District of Columbia or territory of the United States which 5264
requires standards for licensure considered by the board to be 5265
equivalent to the requirements for licensure of this article. The 5266
issuance of a license by reciprocity to a military-trained 5267
applicant, military spouse or person who establishes residence in 5268
this state shall be subject to the provisions of Section 73-50-1 5269
or 73-50-2, as applicable. 5270
(3) Foreign-trained occupational therapists and occupational 5271
therapy assistants shall satisfy the examination requirements of 5272
Section 73-24-19. The board shall require foreign-trained 5273
applicants to furnish proof of * * * completion of educational and 5274
supervised fieldwork requirements substantially equal to those 5275
contained in Section 73-24-19 before taking the examination. 5276
SECTION 63. Section 73-25-3, Mississippi Code of 1972, is 5277
amended as follows: 5278
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 215 (aa\kr)

73-25-3. Every person who desires to obtain a license to 5279
practice medicine must apply therefor, in writing, to the State 5280
Board of Medical Licensure at least ten (10) days before the date 5281
of the examination and must be examined by the board according to 5282
the methods deemed by it to be the most practical and expeditious 5283
to test the applicants' qualifications. If the applicant is found 5284
by the board, upon examination, to possess sufficient learning in 5285
those branches * * *, the board shall issue him a license to 5286
practice medicine; however, no applicant shall be granted a 5287
license unless the applicant holds a diploma from a reputable 5288
medical college or college of osteopathic medicine that requires a 5289
four-year course of at least thirty-two (32) weeks for each 5290
session, or its equivalent. 5291
To qualify for a Mississippi medical license, an applicant 5292
must have successfully been cleared for licensure through an 5293
investigation that shall consist of a * * * verification that the 5294
prospective licensee is not guilty of or in violation of any 5295
statutory ground for denial of licensure as set forth in Sections 5296
73-25-29 and 73-25-83. To assist the board in conducting its 5297
licensure investigation, all applicants shall undergo a 5298
fingerprint-based criminal history records check of the 5299
Mississippi central criminal database and the Federal Bureau of 5300
Investigation criminal history database. Each applicant shall 5301
submit a full set of the applicant's fingerprints in a form and 5302
manner prescribed by the board, which shall be forwarded to the 5303
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 216 (aa\kr)

Mississippi Department of Public Safety (department) and the 5304
Federal Bureau of Investigation Identification Division for this 5305
purpose. 5306
Any and all state or national criminal history records 5307
information obtained by the board that is not already a matter of 5308
public record shall be deemed nonpublic and confidential 5309
information restricted to the exclusive use of the board, its 5310
members, officers, investigators, agents and attorneys in 5311
evaluating the applicant's eligibility or disqualification for 5312
licensure, and shall be exempt from the Mississippi Public Records 5313
Act of 1983. Except when introduced into evidence in a hearing 5314
before the board to determine licensure, no such information or 5315
records related thereto shall, except with the written consent of 5316
the applicant or by order of a court of competent jurisdiction, be 5317
released or otherwise disclosed by the board to any other person 5318
or agency. 5319
The board shall provide to the department the fingerprints of 5320
the applicant, any additional information that may be required by 5321
the department, and a form signed by the applicant consenting to 5322
the check of the criminal records and to the use of the 5323
fingerprints and other identifying information required by the 5324
state or national repositories. 5325
The board shall charge and collect from the applicant, in 5326
addition to all other applicable fees and costs, such amount as 5327
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 217 (aa\kr)

may be incurred by the board in requesting and obtaining state and 5328
national criminal history records information on the applicant. 5329
This section shall not apply to applicants for a special 5330
volunteer medical license authorized under Section 73-25-18. 5331
SECTION 64. Section 73-26-3, Mississippi Code of 1972, is 5332
amended as follows: 5333
73-26-3. (1) The State Board of Medical Licensure shall 5334
license and regulate the practice of physician assistants in 5335
accordance with the provisions of this chapter. 5336
(2) All physician assistants who are employed as physician 5337
assistants by a Department of Veterans Affairs health care 5338
facility, a branch of the United States military or the Federal 5339
Bureau of Prisons, and who are practicing as physician assistants 5340
in a federal facility in Mississippi on July 1, 2000, and those 5341
physician assistants who trained in a Mississippi physician 5342
assistant program and have been continuously practicing as a 5343
physician assistant in Mississippi since 1976, shall be eligible 5344
for licensure if they submit an application for licensure to the 5345
board by December 31, 2000. Physician assistants licensed under 5346
this subsection will be eligible for license renewal so long as 5347
they meet standard renewal requirements. 5348
(3) Before December 31, 2004, applicants for physician 5349
assistant licensure, except those licensed under subsection (2) of 5350
this section, must be graduates of physician assistant educational 5351
programs accredited by the Commission on Accreditation of Allied 5352
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 218 (aa\kr)

Health Educational Programs or its predecessor or successor 5353
agency, have passed the certification examination administered by 5354
the National Commission on Certification of Physician Assistants 5355
(NCCPA), have current NCCPA certification, and possess a minimum 5356
of a baccalaureate degree. Physician assistants meeting these 5357
licensure requirements will be eligible for license renewal so 5358
long as they meet standard renewal requirements. 5359
(4) On or after December 31, 2004, applicants for physician 5360
assistant licensure must meet all of the requirements in 5361
subsection (3) of this section and, in addition, must have 5362
obtained a minimum of a master's degree in a health-related or 5363
science field. 5364
(5) Applicants for licensure who meet all licensure 5365
requirements except for the master's degree may be granted a 5366
temporary license by the board so long as they can show proof of 5367
enrollment in a master's program that will, when completed, meet 5368
the master's degree requirement. The temporary license will be 5369
valid for no longer than one (1) year, and may not be renewed. 5370
(6) For new graduate physician assistants and all physician 5371
assistants receiving initial licenses in the state, except those 5372
licensed under subsection (2) of this section, supervision shall 5373
require the on-site presence of a supervising physician for one 5374
hundred twenty (120) days. 5375
(7) To qualify for a Mississippi physician assistant 5376
license, an applicant must have successfully been cleared for 5377
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 219 (aa\kr)

licensure through an investigation that shall consist of a * * * 5378
verification that the prospective licensee is not guilty of or in 5379
violation of any statutory ground for denial of licensure. To 5380
assist the board in conducting its licensure investigation, all 5381
applicants shall undergo a fingerprint-based criminal history 5382
records check of the Mississippi central criminal database and the 5383
Federal Bureau of Investigation criminal history database. Each 5384
applicant shall submit a full set of the applicant's fingerprints 5385
in a form and manner prescribed by the board, which shall be 5386
forwarded to the Mississippi Department of Public Safety 5387
(department) and the Federal Bureau of Investigation 5388
Identification Division for this purpose. 5389
Any and all state or national criminal history records 5390
information obtained by the board that is not already a matter of 5391
public record shall be deemed nonpublic and confidential 5392
information restricted to the exclusive use of the board, its 5393
members, officers, investigators, agents and attorneys in 5394
evaluating the applicant's eligibility or disqualification for 5395
licensure, and shall be exempt from the Mississippi Public Records 5396
Act of 1983. Except when introduced into evidence in a hearing 5397
before the board to determine licensure, no such information or 5398
records related thereto shall, except with the written consent of 5399
the applicant or by order of a court of competent jurisdiction, be 5400
released or otherwise disclosed by the board to any other person 5401
or agency. 5402
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 220 (aa\kr)

The board shall provide to the department the fingerprints of 5403
the applicant, any additional information that may be required by 5404
the department, and a form signed by the applicant consenting to 5405
the check of the criminal records and to the use of the 5406
fingerprints and other identifying information required by the 5407
state or national repositories. 5408
The board shall charge and collect from the applicant, in 5409
addition to all other applicable fees and costs, such amount as 5410
may be incurred by the board in requesting and obtaining state and 5411
national criminal history records information on the applicant. 5412
SECTION 65. Section 73-27-5, Mississippi Code of 1972, is 5413
amended as follows: 5414
73-27-5. All applicants for license shall have attained the 5415
age of twenty-one (21) years, and shall * * * have had at least 5416
four (4) years high school and be graduates of same; they shall 5417
have at least one (1) year prepodiatry college education and be 5418
graduates of some college of podiatry recognized as being in good 5419
standing by the State Board of Medical Licensure. No college of 5420
podiatry or chiropody shall be accredited by the board as a 5421
college of good standing that does not require for graduation a 5422
course of study of at least four (4) years (eight and one-half 5423
(8-1/2) months each) and be recognized by the Council on Education 5424
of the American Podiatry Association. However, all podiatrists 5425
actively engaged in the practice of podiatry in the State of 5426
Mississippi, prior to January 1, 1938, whether graduates or not, 5427
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 221 (aa\kr)

shall, upon furnishing proof thereof by displaying their state 5428
privilege tax license to the Secretary of the State Board of 5429
Medical Licensure, and upon payment of fee of Ten Dollars and 5430
Twenty-five Cents ($10.25), be entitled to a license without an 5431
examination, and applications for the license shall be filed not 5432
later than sixty (60) days after February 17, 1938. Upon payment 5433
of a fee prescribed by the State Board of Medical Licensure, not 5434
to exceed Five Hundred Dollars ($500.00), a license without 5435
examination may be issued to podiatrists of other states 5436
maintaining equal statutory requirements for the practice of 5437
podiatry and extending the same reciprocal privileges to this 5438
state. The State Board of Medical Licensure may affiliate with 5439
the National Board of Chiropody or Podiatry Licensure in granting 5440
licenses to practice podiatry in Mississippi, provided the written 5441
examination covers at least two-thirds (2/3) of the subjects set 5442
forth in Section 73-27-9. The issuance of a license by 5443
reciprocity to a military-trained applicant, military spouse or 5444
person who establishes residence in this state shall be subject to 5445
the provisions of Section 73-50-1 or 73-50-2, as applicable. 5446
To qualify for a Mississippi podiatry license, an applicant 5447
must have successfully been cleared for licensure through an 5448
investigation that shall consist of a * * * verification that the 5449
prospective licensee is not guilty of or in violation of any 5450
statutory ground for denial of licensure as set forth in Section 5451
73-27-13. To assist the board in conducting its licensure 5452
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 222 (aa\kr)

investigation, all applicants shall undergo a fingerprint-based 5453
criminal history records check of the Mississippi central criminal 5454
database and the Federal Bureau of Investigation criminal history 5455
database. Each applicant shall submit a full set of the 5456
applicant's fingerprints in a form and manner prescribed by the 5457
board, which shall be forwarded to the Mississippi Department of 5458
Public Safety (department) and the Federal Bureau of Investigation 5459
Identification Division for this purpose. 5460
Any and all state or national criminal history records 5461
information obtained by the board that is not already a matter of 5462
public record shall be deemed nonpublic and confidential 5463
information restricted to the exclusive use of the board, its 5464
members, officers, investigators, agents and attorneys in 5465
evaluating the applicant's eligibility or disqualification for 5466
licensure, and shall be exempt from the Mississippi Public Records 5467
Act of 1983. Except when introduced into evidence in a hearing 5468
before the board to determine licensure, no such information or 5469
records related thereto shall, except with the written consent of 5470
the applicant or by order of a court of competent jurisdiction, be 5471
released or otherwise disclosed by the board to any other person 5472
or agency. 5473
The board shall provide to the department the fingerprints of 5474
the applicant, any additional information that may be required by 5475
the department, and a form signed by the applicant consenting to 5476
the check of the criminal records and to the use of the 5477
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 223 (aa\kr)

fingerprints and other identifying information required by the 5478
state or national repositories. 5479
The board shall charge and collect from the applicant, in 5480
addition to all other applicable fees and costs, such amount as 5481
may be incurred by the board in requesting and obtaining state and 5482
national criminal history records information on the applicant. 5483
Each application or filing made under this section shall 5484
include the social security number(s) of the applicant in 5485
accordance with Section 93-11-64. 5486
SECTION 66. Section 73-27-12, Mississippi Code of 1972, is 5487
amended as follows: 5488
73-27-12. (1) Except as provided in Section 33-1-39, the 5489
license of every person licensed to practice podiatry in the State 5490
of Mississippi shall be renewed annually. 5491
On or before May 1 of each year, the board shall mail a 5492
notice of renewal of license to every podiatrist to whom a license 5493
was issued or renewed during the current licensing year. The 5494
notice shall provide instructions for obtaining and submitting 5495
applications for renewal. The State Board of Medical Licensure is 5496
authorized to make applications for renewal available via 5497
electronic means. The applicant shall obtain and complete the 5498
application and submit it to the board in the manner prescribed by 5499
the board in the notice before June 30 with the renewal fee of an 5500
amount established by the board, but not to exceed Three Hundred 5501
Dollars ($300.00), a portion of which fee shall be used to support 5502
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 224 (aa\kr)

a program to aid impaired podiatrists. Upon receipt of the 5503
application and fee, the board shall verify the accuracy of the 5504
application and issue to applicant a certificate of renewal for 5505
the ensuing year, beginning July 1 and expiring June 30 of the 5506
succeeding calendar year. That renewal shall render the holder 5507
thereof a legal practitioner as stated on the renewal form. 5508
(2) Any podiatrist practicing in Mississippi who allows his 5509
or her license to lapse by failing to renew the license as 5510
provided in subsection (1) may be reinstated by the board on 5511
satisfactory explanation for the failure to renew, by completion 5512
of a reinstatement form, and upon payment of the renewal fee for 5513
the current year, and shall be assessed a fine of Twenty-five 5514
Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) 5515
for each month thereafter that the license renewal remains 5516
delinquent. 5517
(3) Any podiatrist not practicing in Mississippi who allows 5518
his or her license to lapse by failing to renew the license as 5519
provided in subsection (1) may be reinstated by the board on 5520
satisfactory explanation for the failure to renew, by completion 5521
of a reinstatement form and upon payment of the arrearages for the 5522
previous five (5) years and the renewal fee for the current year. 5523
(4) Any podiatrist who allows his or her license to lapse 5524
shall be notified by the board within thirty (30) days of that 5525
lapse. 5526
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 225 (aa\kr)

(5) Any person practicing as a licensed podiatrist during 5527
the time his or her license has lapsed shall be considered an 5528
illegal practitioner and shall be subject to penalties set forth 5529
in Section 73-27-17, provided that he or she has not submitted the 5530
required reinstatement form and fee within fifteen (15) days after 5531
notification by the board of the lapse. 5532
(6) Any podiatrist practicing in the State of Mississippi 5533
whose license has lapsed and is deemed an illegal practitioner 5534
under subsection (5) of this section may petition the board for 5535
reinstatement of his or her license on a retroactive basis, if the 5536
podiatrist was unable to meet the June 30 deadline due to 5537
extraordinary or other legitimate reasons, and retroactive 5538
reinstatement of licensure shall be granted or may be denied by 5539
the board only for good cause. Failure to advise the board of 5540
change of address shall not be considered a basis for 5541
reinstatement. 5542
(7) Fees collected under the provisions of this section 5543
shall be used by the board to defray expenses of administering the 5544
licensure provisions of Title 73, Chapter 27, Mississippi Code of 5545
1972, and to support a program to aid impaired podiatrists in an 5546
amount determined by the board. 5547
(8) In order for a podiatrist whose podiatric medical 5548
license has been expired for five (5) years or more to qualify for 5549
reinstatement of license, the podiatrist must have successfully 5550
been cleared for reinstatement through an investigation that shall 5551
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 226 (aa\kr)

consist of a * * * verification that the prospective licensee is 5552
not guilty of or in violation of any statutory ground for denial 5553
of licensure as set forth in Section 73-27-13. To assist the 5554
board in conducting its licensure investigation, all applicants 5555
shall undergo a fingerprint-based criminal history records check 5556
of the Mississippi central criminal database and the Federal 5557
Bureau of Investigation criminal history database. Each applicant 5558
shall submit a full set of the applicant's fingerprints in a form 5559
and manner prescribed by the board, which shall be forwarded to 5560
the Mississippi Department of Public Safety (department) and the 5561
Federal Bureau of Investigation Identification Division for this 5562
purpose. 5563
Any and all state or national criminal history records 5564
information obtained by the board that is not already a matter of 5565
public record shall be deemed nonpublic and confidential 5566
information restricted to the exclusive use of the board, its 5567
members, officers, investigators, agents and attorneys in 5568
evaluating the applicant's eligibility or disqualification for 5569
licensure, and shall be exempt from the Mississippi Public Records 5570
Act of 1983. Except when introduced into evidence in a hearing 5571
before the board to determine licensure, no such information or 5572
records related thereto shall, except with the written consent of 5573
the applicant or by order of a court of competent jurisdiction, be 5574
released or otherwise disclosed by the board to any other person 5575
or agency. 5576
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 227 (aa\kr)

The board shall provide to the department the fingerprints of 5577
the applicant, any additional information that may be required by 5578
the department, and a form signed by the applicant consenting to 5579
the check of the criminal records and to the use of the 5580
fingerprints and other identifying information required by the 5581
state or national repositories. 5582
The board shall charge and collect from the applicant, in 5583
addition to all other applicable fees and costs, such amount as 5584
may be incurred by the board in requesting and obtaining state and 5585
national criminal history records information on the applicant. 5586
SECTION 67. Section 73-27-16, Mississippi Code of 1972, is 5587
amended as follows: 5588
73-27-16. (1) A person whose license to practice podiatry 5589
has been revoked or suspended may petition the Mississippi State 5590
Board of Medical Licensure to reinstate this license after a 5591
period of not less than one (1) year has elapsed from the date of 5592
the revocation or suspension. The procedure for the reinstatement 5593
of a license that is suspended for being out of compliance with an 5594
order for support, as defined in Section 93-11-153, shall be 5595
governed by Section 93-11-157 or 93-11-163, as the case may be. 5596
(2) The petition shall be accompanied by two (2) or more 5597
verified recommendations from podiatrists licensed by the Board of 5598
Medical Licensure to which the petition is addressed and by two 5599
(2) or more recommendations from citizens each having personal 5600
knowledge of the activities of the petitioner since the 5601
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 228 (aa\kr)

disciplinary penalty was imposed and such facts as may be required 5602
by the board. 5603
The petition may be heard at the next regular meeting of the 5604
Board of Medical Licensure but not earlier than thirty (30) days 5605
after the petition was filed. No petition shall be considered 5606
while the petitioner is under sentence for any criminal offense, 5607
including any period during which he is under probation or parole. 5608
The hearing may be continued from time to time as the Board of 5609
Medical Licensure finds necessary. Any final action by the board 5610
on a petition under this section shall be made with the advice of 5611
the advisory committee. 5612
(3) In determining whether the disciplinary penalty should 5613
be set aside and the terms and conditions, if any, which should be 5614
imposed if the disciplinary penalty is set aside, the Board of 5615
Medical Licensure may investigate and consider all activities of 5616
the petitioner since the disciplinary action was taken against 5617
him, the offense for which he was disciplined, his activity during 5618
the time his certificate was in good standing, his general 5619
reputation for truth * * * and professional ability * * *; and it 5620
may require the petitioner to pass an oral examination. 5621
(4) The Secretary-Treasurer of the Board of Medical 5622
Licensure shall enter into his records of the case all actions of 5623
the Board of Medical Licensure in setting aside a disciplinary 5624
penalty under this section and he shall certify notices to the 5625
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 229 (aa\kr)

proper court clerk. The clerk shall make such changes on his 5626
records as may be necessary. 5627
SECTION 68. Section 73-29-19, Mississippi Code of 1972, is 5628
amended as follows: 5629
73-29-19. An applicant who is a polygraph examiner licensed 5630
under the laws of another state or territory of the United States 5631
may be issued a license upon payment of a fee of Fifty Dollars 5632
($50.00) and the production of satisfactory proof that: 5633
(1) He is at least twenty-one (21) years of age; 5634
(2) He is a citizen of the United States; 5635
* * * 5636
( * * *3) The requirements for the licensing of 5637
polygraph examiners in such particular state or territory of the 5638
United States were, at the date of the applicant's licensing 5639
therein, substantially equivalent to the requirements now in force 5640
in this state; 5641
( * * *4) The applicant had lawfully engaged in the 5642
administration of polygraph examinations under the laws of such 5643
state or territory for at least two (2) years prior to his 5644
application for license hereunder; 5645
( * * *5) Such other state or territory grants similar 5646
reciprocity to license holders of this state; and 5647
( * * *6) He has complied with Section 73-29-17. 5648
The issuance of a license by reciprocity to a 5649
military-trained applicant, military spouse or person who 5650
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 230 (aa\kr)

establishes residence in this state shall be subject to the 5651
provisions of Section 73-50-1 or 73-50-2, as applicable. 5652
SECTION 69. Section 73-30-9, Mississippi Code of 1972, is 5653
amended as follows: 5654
73-30-9. (1) The board shall issue a license as a 5655
provisional licensed professional counselor, without regard to 5656
race, religion, sex or national origin, to each applicant who 5657
furnishes satisfactory evidence of the following: 5658
(a) The applicant has completed an application on a 5659
form prescribed by the board accompanied by a nonrefundable 5660
application fee of Fifty Dollars ($50.00). 5661
(b) The applicant is at least twenty-one (21) years of 5662
age. 5663
* * * 5664
( * * *c) The applicant is a citizen of the United 5665
States, or has an immigration document to verify legal alien work 5666
status in the United States. The immigration document must be 5667
current and issued by the United States Immigration Bureau. 5668
( * * *d) The applicant is not in violation of any of 5669
the provisions of this article and the rules and regulations 5670
adopted hereunder. 5671
( * * *e) The applicant shall have a minimum acceptable 5672
graduate semester hour or acceptable quarter-hour master's degree 5673
as determined by the board primarily in counseling or a related 5674
counseling field from a regionally or nationally accredited 5675
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 231 (aa\kr)

college or university program in counselor education or a related 5676
counseling program subject to board approval. All applicants 5677
shall provide official transcripts of all graduate work. 5678
( * * *f) The applicant must pass the examination 5679
approved by the board, as set forth in Section 73-30-7(5). 5680
( * * *g) A provisional license issued under this 5681
section shall require that the individual confine one's practice 5682
to a board-approved site and accrue counseling experience under 5683
the supervision of a board-qualified supervisor. 5684
( * * *h) The limited license shall be renewable for 5685
not more than four (4) years, with a nonrefundable license fee in 5686
the amount provided in Section 73-30-29. Licensees may appeal to 5687
the board for an extension of the renewal period. 5688
( * * *i) Each applicant for licensure shall apply to 5689
undergo a fingerprint-based criminal history records check of the 5690
Mississippi central criminal database and the Federal Bureau of 5691
Investigation criminal history database. Each applicant shall 5692
submit a full set of the applicant's fingerprints in a form and 5693
manner prescribed by the board, which shall be forwarded to the 5694
Mississippi Department of Public Safety and the Federal Bureau of 5695
Investigation Identification Division for this purpose. 5696
(2) The board shall issue a license or the privilege to 5697
practice as a licensed professional counselor, without regard to 5698
race, religion, sex or national origin, to each applicant who 5699
furnishes satisfactory evidence of the following: 5700
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 232 (aa\kr)

(a) The applicant has completed an application on a 5701
form prescribed by the board accompanied by a nonrefundable full 5702
application fee of Fifty Dollars ($50.00). 5703
(b) The applicant is at least twenty-one (21) years of 5704
age. 5705
* * * 5706
( * * *c) The applicant is a citizen of the United 5707
States, or has an immigration document to verify legal alien work 5708
status in the United States. The immigration document must be 5709
current and issued by the United States Immigration Bureau. 5710
( * * *d) The applicant is not in violation of any of 5711
the provisions of this article and the rules and regulations 5712
adopted hereunder. 5713
( * * *e) The applicant shall have a minimum acceptable 5714
graduate semester hour or acceptable quarter-hour master's degree 5715
as determined by the board primarily in counseling or a related 5716
counseling field from a regionally or nationally accredited 5717
college or university program in counselor education or a related 5718
counseling program subject to board approval. All applicants 5719
shall provide official transcripts of all graduate work. 5720
( * * *f) The applicant for licensure must pass the 5721
examination approved by the board, as set forth in Section 5722
73-30-7(5). 5723
( * * *g) The applicant has had post graduate 5724
supervised experience in professional counseling acceptable to the 5725
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 233 (aa\kr)

board. Applicant shall submit verification of supervised 5726
experience. 5727
Each application or filing made under this section shall 5728
include the social security number(s) of the applicant in 5729
accordance with Section 93-11-64. 5730
( * * *h) The board shall require each first-time 5731
applicant for licensure or the initial privilege to practice and 5732
may require applicants for license renewal to undergo a 5733
fingerprint-based criminal history records check of the 5734
Mississippi central criminal database and the Federal Bureau of 5735
Investigation criminal history database. Each applicant for 5736
licensure and each renewal applicant as required by the board 5737
shall apply to undergo a fingerprint-based criminal history 5738
records check of the Mississippi central criminal database and the 5739
Federal Bureau of Investigation criminal history database. Each 5740
applicant shall submit a full set of the applicant's fingerprints 5741
in a form and manner prescribed by the board, which shall be 5742
forwarded to the Mississippi Department of Public Safety and the 5743
Federal Bureau of Investigation Identification Division for this 5744
purpose. 5745
(3) The board shall administer the privilege to practice in 5746
accordance with the Professional Counseling Compact. 5747
SECTION 70. Section 73-31-13, Mississippi Code of 1972, is 5748
amended as follows: 5749
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 234 (aa\kr)

73-31-13. The board shall issue a license as a psychologist 5750
to each applicant who files an application upon a form and in the 5751
manner as the board prescribes, accompanied by the fee as is 5752
required by this article; and who furnishes evidence satisfactory 5753
to the board that he or she: 5754
(a) Is at least twenty-one (21) years of age; and 5755
(b) * * * Has not been convicted of a disqualifying 5756
crime as provided in the Fresh Start Act. The applicant must have 5757
successfully been cleared for licensure through an investigation 5758
that consists of a determination as to good moral character and 5759
verification that the prospective licensee is not guilty of or in 5760
violation of any statutory ground for denial of licensure. For 5761
the purposes of this article, good moral character includes an 5762
absence of felony convictions or misdemeanor convictions involving 5763
moral turpitude as established by a criminal background check. 5764
Applicants shall undergo a fingerprint-based criminal history 5765
records check of the Mississippi central criminal database and the 5766
Federal Bureau of Investigation criminal history database. Each 5767
applicant shall submit a full set of the applicant's fingerprints 5768
in a form and manner prescribed by the board, which shall be 5769
forwarded to the Mississippi Department of Public Safety 5770
(department) and the Federal Bureau of Investigation 5771
Identification Division for this purpose; and 5772
(c) Is not in violation of any of the provisions of 5773
this article and the rules and regulations adopted under this 5774
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 235 (aa\kr)

article, and is not currently under investigation by another 5775
licensure board; and 5776
(d) Holds a doctoral degree in psychology from an 5777
institution of higher education that is: regionally accredited by 5778
an accrediting body recognized by the United States Department of 5779
Education, or authorized by Provincial statute or Royal Charter to 5780
grant doctoral degrees. From a program accredited by the American 5781
Psychological Association, or the Canadian Psychological 5782
Association, and from a program that requires at least one (1) 5783
year of continuous, full-time residence at the educational 5784
institution granting the doctoral degree. For graduates from 5785
newly established programs seeking accreditation or in areas where 5786
no accreditation exists, applicants for licensure shall have 5787
completed a doctoral program in psychology that meets recognized 5788
acceptable professional standards as determined by the board. For 5789
applicants graduating from doctoral level psychology training 5790
programs outside of the United States of America or Canada, 5791
applicants for licensure shall have completed a doctoral program 5792
in psychology that meets recognized acceptable professional 5793
standards as determined by the board; and 5794
(e) Has completed a supervised internship from a 5795
program accredited by the American Psychological Association or 5796
the Canadian Psychological Association that meet the standards of 5797
training as defined by the board. The internship shall be 5798
comprised of at least one thousand eight hundred (1,800) hours of 5799
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 236 (aa\kr)

actual work, to include direct service, training and supervisory 5800
time; and 5801
(f) Demonstrates professional knowledge by passing 5802
written (as used in this paragraph, the term "written" means 5803
either paper and pencil or computer-administered or computerized 5804
testing) and oral examinations in psychology prescribed by the 5805
board; except that upon examination of credentials, the board may, 5806
by unanimous consent, consider these credentials adequate evidence 5807
of professional knowledge. 5808
Upon investigation of the application and other evidence 5809
submitted, the board shall, not less than thirty (30) days before 5810
the examination, notify each applicant that the application and 5811
evidence submitted is satisfactory and accepted or unsatisfactory 5812
and rejected; if rejected, the notice shall state the reasons for 5813
the rejection. 5814
The place of examination shall be designated in advance by 5815
the board, and the examination shall be given at such time and 5816
place and under such supervision as the board may determine. The 5817
examination used by the board shall consist of written tests and 5818
oral tests, and shall fairly test the applicant's knowledge and 5819
application thereof in those areas deemed relevant by the 5820
board. All examinations serve the purpose of verifying that a 5821
candidate for licensure has acquired a basic core of knowledge in 5822
the discipline of psychology and can apply that knowledge to the 5823
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 237 (aa\kr)

problems confronted in the practice of psychology within the 5824
applicant's area of practice. 5825
The board shall evaluate the results from both the written 5826
and oral examinations. The passing scores for the written and 5827
oral examinations shall be established by the board in its rules 5828
and regulations. If an applicant fails to receive a passing score 5829
on the entire examination, he or she may reapply and shall be 5830
allowed to take a later examination. An applicant who has failed 5831
two (2) successive examinations by the board may not reapply until 5832
after two (2) years from the date of the last examination failed. 5833
The board shall keep the written examination scores, and an 5834
accurate transcript of the questions and answers relating to the 5835
oral examinations, and the grade assigned to each answer thereof, 5836
as part of its records for at least two (2) years after the date 5837
of examination. 5838
Persons licensed in another state or jurisdiction applying 5839
for the authority to practice interjurisdictional telepsychology 5840
must meet the requirements set out in the Psychology 5841
Interjurisdictional Compact provided for in Section 73-31-51. 5842
Each application or filing made under this section shall 5843
include the social security number(s) of the applicant in 5844
accordance with Section 93-11-64. 5845
SECTION 71. Section 73-33-1, Mississippi Code of 1972, is 5846
amended as follows: 5847
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 238 (aa\kr)

73-33-1. (1) Any person residing or having a place for the 5848
regular transaction of business in the State of Mississippi * * *, 5849
and who shall have received from the State Board of Public 5850
Accountancy a license certifying his qualifications as a certified 5851
public accountant as hereinafter provided, shall be styled or 5852
known as a certified public accountant, and it shall be unlawful 5853
for any other person or persons to assume such title or use any 5854
letters, abbreviations or words to indicate that such person using 5855
same is a certified public accountant, unless such person 5856
qualifies for a practice privilege under Section 73-33-17, or at 5857
the discretion of the board, such person has been granted use of 5858
the title of "certified public accountant retired" by the 5859
Mississippi State Board of Public Accountancy or has received a 5860
reciprocal certified public accountant license from the State 5861
Board of Public Accountancy. 5862
(2) A certified public accountant practicing public 5863
accounting under a Mississippi license must be associated and 5864
registered with a certified public accountant firm. 5865
(3) The State Board of Public Accountancy shall grant and 5866
renew permits to practice as a CPA firm to applicants that 5867
demonstrate their qualifications in accordance with this section. 5868
(a) The following shall hold a permit issued under this 5869
section: any firm with an office in this state that practices 5870
public accountancy or that uses the title "CPA" or "CPA firm," and 5871
any firm that does not have an office in this state but performs 5872
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 239 (aa\kr)

the services described in Section 73-33-17(4) for a client having 5873
its home office in this state. 5874
(b) A firm that does not have an office in this state 5875
may perform a review of a financial statement to be performed in 5876
accordance with Statements on Standards for Accounting and Review 5877
Services, or a compilation as defined in Section 73-33-2(d), for a 5878
client having its home office in this state and may use the title 5879
"CPA" and "CPA firm" without a permit issued under this section 5880
only if such firm has the qualifications described in subsection 5881
(4), complies with the peer review requirements set forth by board 5882
rule, and performs such services through an individual with 5883
practice privileges under Section 73-33-17. 5884
(c) A firm that is not subject to the requirements of 5885
paragraph (a) or (b) of this subsection may perform other 5886
professional services within the practice of public accountancy 5887
while using the title "CPA" and "CPA firm" in this state without a 5888
permit issued under this section only if such firm performs such 5889
services through an individual with practice privileges under 5890
Section 73-33-17 and such firm can lawfully do so in the state 5891
where the individuals with practice privileges have their 5892
principal place of business. 5893
(4) In order to obtain and maintain a firm permit, a 5894
certified public accountant firm shall be required to show the 5895
following: 5896
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 240 (aa\kr)

(a) It is wholly owned by natural persons and not owned 5897
in whole or in part by business entities; and 5898
(b) A simple majority of the ownership of the firm in 5899
terms of financial interests and/or voting rights hold certified 5900
public accountant licenses in any state; however, the individuals 5901
whose principal place of business is in Mississippi and who 5902
perform professional services in this state shall hold a 5903
Mississippi certified public accountant license, and that 5904
individuals who qualify for practice privileges under Section 5905
73-33-17 who perform services for which a firm permit is required 5906
under Section 73-33-17(4) shall not be required to obtain a 5907
certificate pursuant to Section 73-33-3 or 73-33-9. 5908
(5) Any certified public accountant firm may include 5909
nonlicensee owners, provided that: 5910
(a) The firm designates a licensee of this state who is 5911
responsible for the proper registration of the firm and identifies 5912
that individual to the board; or in the case of a firm without a 5913
Mississippi office which must have a permit pursuant to subsection 5914
(3)(a), the firm designates a licensee of another state who meets 5915
the requirements provided in Section 73-33-17; 5916
(b) All nonlicensee owners are active individual 5917
participants in the certified public accountant firm or affiliated 5918
entities; and 5919
(c) The firm complies with such other requirements as 5920
the board may impose by rule. 5921
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 241 (aa\kr)

(6) Unless exempt from the firm permit requirement under 5922
Section 73-33-1(3), no person or persons shall engage in the 5923
practice of public accounting as defined herein as a partnership, 5924
joint venture or professional corporation, sole proprietor, or 5925
other business organization allowed by law, unless and until each 5926
business organization or office thereof located inside the State 5927
of Mississippi has registered with and been issued a firm permit 5928
by the State Board of Public Accountancy. 5929
SECTION 72. Section 73-38-9, Mississippi Code of 1972, is 5930
amended as follows: 5931
73-38-9. (1) To be eligible for licensure by the board as a 5932
speech-language pathologist or audiologist and to be eligible for 5933
registration as a speech-language pathology aide or audiology 5934
aide, a person shall: 5935
* * * 5936
( * * *a) ( * * *i) For speech-language pathologists 5937
or audiologists, possess at least a master's degree or its 5938
equivalent in the area of speech-language pathology or audiology, 5939
as the case may be, from an educational institution recognized by 5940
the board; 5941
( * * *ii) For speech-language pathology aide or 5942
audiology aide, the board shall set minimum educational standards 5943
which shall be less than a bachelor's degree; 5944
( * * *b) For speech-language pathologists and 5945
audiologists, submit evidence of the completion of the 5946
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 242 (aa\kr)

educational, clinical experience and employment requirements, 5947
which requirements shall be based on appropriate national 5948
standards and prescribed by the rules and regulations adopted 5949
pursuant to this article; 5950
( * * *c) For speech-language pathologists and 5951
audiologists licensure applicants, pass an examination approved by 5952
the board. This examination may be taken either before or after 5953
the completion of the employment requirement specified pursuant to 5954
paragraph ( * * *b) of this subsection; 5955
( * * *d) For speech-language pathology aides and 5956
audiology aides, no examination shall be required. 5957
(2) To be eligible for the privilege to practice, applicants 5958
must meet the requirements set out in the Audiology and 5959
Speech-Language Pathology Interstate Compact. 5960
SECTION 73. Section 73-39-67, Mississippi Code of 1972, is 5961
amended as follows: 5962
73-39-67. (1) To obtain a license to practice veterinary 5963
medicine, a person shall file a written application and 5964
application fee with the board. The application shall show that 5965
the applicant is a graduate of an accredited college of veterinary 5966
medicine or has the educational equivalence as set by the board. 5967
The application shall also show * * * any other information and 5968
proof as the board may require. 5969
(2) If the board determines that the applicant possesses the 5970
proper qualifications, it shall admit the applicant to the next 5971
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 243 (aa\kr)

examination, or if the applicant is eligible for license by 5972
endorsement, the board may grant him a license. If an applicant 5973
is found not qualified to take the examination or for a license by 5974
endorsement, the board shall notify the applicant in writing 5975
within thirty (30) days of its finding and the grounds for its 5976
findings. An applicant found unqualified may request a hearing 5977
before the board. 5978
(3) The board may grant a temporary license to an applicant 5979
to practice veterinary medicine until the scheduled state board 5980
examination, if the applicant pays the application fee, provides 5981
sufficient evidence that he meets the qualifications for 5982
licensure, and provides evidence that he resides in the State of 5983
Mississippi. The board may grant a second temporary permit, but 5984
the board may not grant more than two (2) temporary permits to any 5985
one (1) person. 5986
(4) A person licensed by the board shall display the license 5987
in the facility in which the licensee practices. 5988
SECTION 74. Section 73-39-71, Mississippi Code of 1972, is 5989
amended as follows: 5990
73-39-71. (1) The board may issue a license by endorsement 5991
to an applicant who furnishes satisfactory proof that he is a 5992
graduate of an accredited college of veterinary medicine or the 5993
educational equivalence. The applicant must also show that 5994
he * * * is licensed to practice veterinary medicine in at least 5995
one (1) state, territory or district of the United States and has 5996
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 244 (aa\kr)

practiced veterinary medicine in one or more of those states 5997
without disciplinary action by any state or federal agency for at 5998
least the three (3) years immediately before filing the 5999
application. 6000
(2) The board may examine any person qualifying for 6001
licensing under this section. 6002
(3) The issuance of a license by endorsement to a 6003
military-trained applicant, military spouse or person who 6004
establishes residence in this state shall be subject to the 6005
provisions of Section 73-50-1 or 73-50-2, as applicable. 6006
SECTION 75. Section 73-53-13, Mississippi Code of 1972, is 6007
amended as follows: 6008
73-53-13. The board shall issue the appropriate license to 6009
applicants who meet the qualifications of this section. 6010
(a) A license as a "licensed social worker" shall be 6011
issued to an applicant who demonstrates to the satisfaction of the 6012
board that he or she meets the following qualifications: 6013
(i) Has a baccalaureate degree in social work from 6014
a college or university accredited by the Council on Social Work 6015
Education or Southern Association of Colleges and Schools and has 6016
satisfactorily completed the Association for Social Work Boards 6017
(ASWB) examination for this license; or 6018
(ii) Has a comparable license or registration from 6019
another state or territory of the United States of America that 6020
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 245 (aa\kr)

imposes qualifications substantially similar to those of this 6021
article. 6022
(b) A license as a "licensed master's social worker" 6023
shall be issued to an applicant who demonstrates to the 6024
satisfaction of the board that he or she meets the following 6025
qualifications: 6026
(i) Has a doctorate or master's degree from a 6027
school of social work accredited by the Council on Social Work 6028
Education; and 6029
(ii) Has satisfactorily completed the ASWB 6030
examination for this license; or 6031
(iii) Has a comparable license or registration 6032
from another state or territory of the United States of America 6033
that imposes qualifications substantially similar to those of this 6034
article. 6035
(c) A license as a "licensed certified social worker" 6036
shall be issued to an applicant who demonstrates to the 6037
satisfaction of the board that he or she meets the following 6038
qualifications: 6039
(i) Is licensed under this section as a "master's 6040
social worker"; and 6041
(ii) Has twenty-four (24) months of professional 6042
supervision and clinical or macro social work practice experience 6043
acceptable to the board, under appropriate supervision; and 6044
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 246 (aa\kr)

(iii) Has satisfactorily completed the ASWB 6045
examination for this license; or 6046
(iv) Has a comparable license or registration from 6047
another state or territory of the United States of America that 6048
imposes qualifications substantially similar to those of this 6049
article. 6050
(d) In addition to the above qualifications, an 6051
applicant for any of the above licenses must prove to the board's 6052
satisfaction: 6053
(i) Age of at least twenty-one (21) years, and 6054
* * * 6055
( * * *ii) United States of America citizenship or 6056
status as a legal resident alien, and 6057
( * * *iii) Absence of conviction of a * * * 6058
disqualifying crime as provided in the Fresh Start Act. 6059
Conviction, as used in this subparagraph, includes a deferred 6060
conviction, deferred prosecution, deferred sentence, finding or 6061
verdict of guilt, an admission of guilty, or a plea of nolo 6062
contendere, and 6063
( * * *iv) That the applicant has not been 6064
declared mentally incompetent by any court, and if any such decree 6065
has ever been rendered, that the decree has since been changed, 6066
and 6067
( * * *v) Freedom from dependency on alcohol or 6068
drugs, and 6069
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 247 (aa\kr)

( * * *vi) Complete criminal history records 6070
check, including a fingerprint and an acceptable sex offender 6071
check, by appropriate governmental authorities as prescribed by 6072
the board. 6073
(e) Only individuals licensed as "certified social 6074
workers" shall be permitted to call themselves "clinical social 6075
workers." 6076
The issuance of a license by reciprocity to a 6077
military-trained applicant, military spouse or person who 6078
establishes residence in this state shall be subject to the 6079
provisions of Section 73-50-1 or 73-50-2, as applicable. 6080
Each application or filing made under this section shall 6081
include the social security number(s) of the applicant in 6082
accordance with Section 93-11-64. 6083
SECTION 76. Section 73-54-13, Mississippi Code of 1972, is 6084
amended as follows: 6085
73-54-13. Each person desiring to obtain a license as 6086
a marriage and family therapist or marriage and family therapy 6087
associate shall make application thereof to the board in such 6088
manner as the board prescribes and with required application fees 6089
and shall furnish evidence satisfactory to the board that he or 6090
she: 6091
* * * 6092
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 248 (aa\kr)

( * * *a) Has not engaged or is not engaged in any 6093
practice or conduct which would be a ground for refusing to issue 6094
a license under Section 73-54-29 or Section 73-53-17; 6095
( * * *b) Is qualified for licensure pursuant to the 6096
requirements of this chapter; and 6097
( * * *c) Is at least twenty-one (21) years of age. 6098
SECTION 77. Section 73-63-27, Mississippi Code of 1972, is 6099
amended as follows: 6100
73-63-27. (1) (a) Except as provided in subsections (2) 6101
and (3) of this section, the following shall be considered as 6102
minimum evidence satisfactory to the board that the applicant is 6103
qualified for registration as a registered professional geologist: 6104
(i) Graduation from a course of study in geology 6105
satisfactory to the board from an accredited college or 6106
university, or from a program accredited by an organization 6107
recognized by the board, of four (4) or more years and which 6108
includes at least thirty (30) semester or forty-five (45) quarter 6109
hours of credit, with a major in geology or a geological 6110
specialty; 6111
(ii) Demonstration through a specific record of a 6112
minimum of four (4) years of qualifying experience, after 6113
completion of the academic requirements, in geology or a specialty 6114
indicating that the applicant is competent to practice geology or 6115
a specialty. The board may require the experience be gained under 6116
the supervision of a geologist registered in this state or any 6117
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 249 (aa\kr)

other state with at least as stringent geologic registration 6118
requirements, or under the supervision of others who, in the 6119
opinion of the board, are qualified to have responsible charge of 6120
geological work; 6121
(iii) Successful passage of at least one (1) 6122
examination in geology as determined and prescribed by the board; 6123
and 6124
(iv) Other requirements as may be established in 6125
rules and regulations by the board. 6126
(b) In addition to the qualifications named in 6127
paragraph (a) of this subsection, applicants for registration as a 6128
registered professional geologist shall include with their 6129
application at least three (3) letters of reference from 6130
geologists having personal knowledge of the applicant's geologic 6131
experience. 6132
(c) The board may give credit for a master's degree in 6133
the geological sciences or in a specialty as one (1) year of 6134
professional experience and an earned doctorate degree in the 6135
geological sciences or in a specialty as two (2) years of 6136
professional experience. The board shall not give more than two 6137
(2) years of professional experience credit for the completion of 6138
all graduate degrees. 6139
(d) The board may give credit for geological research 6140
or teaching of persons studying geology or a specialty at an 6141
accredited college or university level as qualifying experience, 6142
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 250 (aa\kr)

if the research or teaching, in the opinion of the board, is 6143
comparable to experience obtained in the practice of geology or a 6144
specialty. 6145
(e) The board may adopt qualifications which, in its 6146
judgment, are equivalent to the educational and experience 6147
requirements in subsection (1)(a) of this section. 6148
* * * 6149
(2) Before December 31, 1998, any applicant who applies for 6150
registration or enrollment shall be considered qualified, without 6151
written examination, if the applicant possesses the qualifications 6152
prescribed in subsection (1) or (3) of this section, as the case 6153
may be. 6154
(3) An applicant who applies for registration before July 1, 6155
1998, shall be qualified without written examination, if the 6156
applicant possesses the following qualifications: 6157
(a) A bachelor's degree from an accredited college or 6158
university in civil engineering with a minimum of fifteen (15) 6159
semester hours or an equivalent number of quarter hours of credit 6160
in geology or a geologically-related course, as determined by the 6161
board; 6162
(b) A certificate of registration as a professional 6163
engineer in the State of Mississippi; and 6164
(c) A minimum of ten (10) years of qualifying 6165
experience in geotechnical or geological engineering work 6166
demonstrated by a specific record. 6167
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 251 (aa\kr)

If the board determines after review of the academic and 6168
experience qualifications required by this subsection that the 6169
applicant is competent to practice geology, the board may issue a 6170
certificate of registration under this chapter. 6171
(4) Applicants for enrollment as a geologist-in-training 6172
shall meet the qualifications for a registered professional 6173
geologist, except the requirement for four (4) years of 6174
experience. 6175
(5) The board may adopt requirements for the issuance of 6176
temporary registrations. Qualifications for temporary 6177
registrations shall be consistent with those required under this 6178
chapter. 6179
(6) Upon written request of an applicant, the board may 6180
waive, on a case-by-case basis, any requirement for registration 6181
or enrollment, except payment of the applicable fees. The request 6182
shall state the reasons a waiver should be granted. The 6183
requirements waived and the basis for that waiver shall be 6184
recorded in the applicant's record and in the proceedings of the 6185
board, and any waiver may be subject to repeal or suspension as 6186
determined by the board. 6187
SECTION 78. Section 73-67-21, Mississippi Code of 1972, is 6188
amended as follows: 6189
73-67-21. (1) It shall be the responsibility of a massage 6190
therapy establishment to verify the current license of any and all 6191
persons practicing massage therapy at the location of or on behalf 6192
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 252 (aa\kr)

of the establishment. Failure to comply is subject to penalty 6193
assessed by the board of not less than Five Hundred Dollars 6194
($500.00) and not more than One Thousand Dollars ($1,000.00) per 6195
offense. 6196
(2) No person may advertise massage or practice massage for 6197
compensation in this state unless he is licensed as a massage 6198
therapist by the board. No person may use the title of or 6199
represent himself to be a massage therapist or use any other 6200
title, abbreviations, letters, figures, signs or devices that 6201
indicate that the person is a massage therapist unless he is 6202
licensed to practice massage therapy under the provisions of this 6203
chapter. A current massage therapy license issued by the board 6204
shall at all times be prominently displayed in any place where 6205
massage therapy is being practiced. 6206
(3) The following are requirements for licensure: 6207
(a) An applicant must be eighteen (18) years of age, or 6208
older, on the date the application is submitted. 6209
(b) An application must provide proof of high school 6210
graduate equivalency. 6211
(c) An applicant must be of legal status not only to 6212
receive a license, but also to work in the State of Mississippi 6213
with that license. 6214
(d) An applicant must supply proof of current 6215
certification in cardiopulmonary resuscitation (CPR) and first aid 6216
of at least eight (8) hours of training, including practical 6217
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 253 (aa\kr)

testing, and supply documentation of familiarity with the 6218
Americans with Disabilities Act. 6219
(e) All required fees for licensure must be submitted 6220
by the applicant. 6221
(f) Any and all requirements regarding * * * 6222
competency, as provided for in this chapter and in accepted codes 6223
of ethics, shall be met. 6224
(g) An applicant must have completed an approved course 6225
on communicable diseases, including HIV/AIDS information and 6226
prevention. 6227
(h) The applicant's official and certified 6228
transcript(s) from the applicant's massage therapy school. The 6229
transcript must verify that the applicant has completed a 6230
board-approved training program of no less than the minimum 6231
requirement for massage therapy instruction and student clinic, 6232
with a minimum grade requirement of "C" or better in every course 6233
of instruction, as stated for school requirements. 6234
(4) The following pre-act practitioners are exempt from 6235
having to take any examination for licensure, but must fulfill all 6236
other requirements as stated in this chapter, except for the 6237
requirements in subsection (3)(h) of this section: 6238
(a) Those having more than three hundred (300) 6239
documented, board-accepted hours of massage therapy education 6240
before January 1, 2001. 6241
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 254 (aa\kr)

(b) Those having more than five (5) years of 6242
professional massage therapy experience and a minimum of one 6243
hundred fifty (150) hours of approved massage therapy education. 6244
(c) Those having no formal training, but who have 6245
successfully passed the National Certification Examination for 6246
Therapeutic Massage and Bodywork. 6247
(d) All grandfathering exemption allowances as stated 6248
in this subsection (4) shall end on July 1, 2002, for nonstudents, 6249
and on June 1, 2003, for students who were enrolled in a part-time 6250
massage school curriculum on July 1, 2001. Individuals may apply 6251
for a license until the grandfathering exemption ends, but may not 6252
practice massage beyond the allowed grace period as provided for 6253
in Section 73-67-37 unless a valid massage therapy license or 6254
provisional permit is obtained. Except as provided in subsection 6255
(5) of this section, all other pre-act practitioners and anyone 6256
not practicing massage therapy before January 1, 2001, must take 6257
and pass the licensure examination and follow the requirements in 6258
this chapter to practice massage therapy for compensation in 6259
Mississippi. 6260
(e) Students enrolled in a massage therapy curriculum 6261
of at least five hundred (500) hours on July 1, 2001, who complete 6262
graduation from the same curriculum. 6263
(5) Any person who has practiced massage therapy for a 6264
period of more than twenty-five (25) years before March 14, 2005, 6265
who is employed as a massage therapist by a YMCA or YWCA 6266
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 255 (aa\kr)

authorized and existing as a nonprofit corporation under the laws 6267
of this state on March 14, 2005, is exempt from having to take any 6268
examination for licensure, but must fulfill all other requirements 6269
as stated in this chapter, except for the requirements in 6270
subsection (3)(b), (d), (g) and (h) of this section. Persons 6271
exempt under this subsection may apply for a massage therapy 6272
license until January 1, 2006, but may not practice massage 6273
therapy after January 1, 2006, unless a valid license is obtained. 6274
(6) Certificates of registration issued by the board before 6275
July 1, 2008, shall remain valid as licenses until the next 6276
renewal period. 6277
(7) An applicant must have successfully been cleared for 6278
licensure through an investigation that shall consist of a * * * 6279
verification that the prospective licensee is not guilty of or in 6280
violation of any statutory ground for denial of licensure as set 6281
forth in Section 73-67-27. 6282
(a) To assist the board in conducting its licensure 6283
investigation, all applicants shall undergo a fingerprint-based 6284
criminal history records check of the Mississippi central criminal 6285
database and the Federal Bureau of Investigation criminal history 6286
database. Each applicant shall submit a full set of the 6287
applicant's fingerprints in a form and manner prescribed by the 6288
board, which shall be forwarded to the Mississippi Department of 6289
Public Safety (department) and the Federal Bureau of Investigation 6290
Identification Division for this purpose. 6291
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 256 (aa\kr)

(b) Any and all state or national criminal history 6292
records information obtained by the board that is not already a 6293
matter of public record shall be deemed nonpublic and confidential 6294
information restricted to the exclusive use of the board, its 6295
members, officers, investigators, agents and attorneys in 6296
evaluating the applicant's eligibility or disqualification for 6297
licensure, and shall be exempt from the Mississippi Public Records 6298
Act of 1983. Except when introduced into evidence in a hearing 6299
before the board to determine licensure, no such information or 6300
records related thereto shall, except with the written consent of 6301
the applicant or by order of a court of competent jurisdiction, be 6302
released or otherwise disclosed by the board to any other person 6303
or agency. 6304
(c) The board shall provide to the department the 6305
fingerprints of the applicant, any additional information that may 6306
be required by the department, and a form signed by the applicant 6307
consenting to the check of the criminal records and to the use of 6308
the fingerprints and other identifying information required by the 6309
state or national repositories. 6310
(d) The board shall charge and collect from the 6311
applicant, in addition to all other applicable fees and costs, 6312
such amount as may be incurred by the board in requesting and 6313
obtaining state and national criminal history records information 6314
on the applicant. 6315
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 257 (aa\kr)

SECTION 79. Section 73-71-19, Mississippi Code of 1972, is 6316
amended as follows: 6317
73-71-19. (1) No person shall be licensed to practice 6318
acupuncture unless he or she has passed an examination and/or has 6319
been found to have the necessary qualifications as prescribed in 6320
the regulations adopted by the board. 6321
(2) Before any applicant is eligible for an examination or 6322
qualification, he or she shall furnish satisfactory proof that he 6323
or she: 6324
(a) Is a citizen or permanent resident of the United 6325
States; 6326
(b) Has demonstrated proficiency in the English 6327
language; 6328
(c) Is at least twenty-one (21) years of age; 6329
* * * 6330
( * * *d) Has completed a program of acupuncture and 6331
has received a certificate or diploma from an institute approved 6332
by the board, according to the provisions of this chapter; 6333
( * * *e) Has completed a clinical internship training 6334
as approved by the board; and 6335
( * * *f) Has received training in cardiopulmonary 6336
resuscitation (CPR). 6337
(3) The board may hold an examination at least once a year, 6338
and all applicants shall be notified in writing of the date and 6339
time of all examinations. The board may use a NCCAOM examination 6340
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 258 (aa\kr)

if it deems that national examination to be sufficient to qualify 6341
a practitioner for licensure in this state. In no case shall the 6342
state's own examination be less rigorous than the nationally 6343
recognized examination. 6344
(4) In addition to the written examination, if the 6345
nationally recognized examination does not provide a suitable 6346
practical examination comparable to board standards, the board 6347
shall examine each applicant in the practical application of 6348
Oriental medical diagnostic and treatment techniques in a manner 6349
and by methods that reveal the applicant's skill and knowledge. 6350
(5) The board shall require all qualified applicants to be 6351
examined in the following subjects: 6352
(a) Anatomy and physiology; 6353
(b) Pathology; 6354
(c) Diagnosis; 6355
(d) Hygiene, sanitation and sterilization techniques; 6356
(e) All major acupuncture principles, practices and 6357
techniques; and 6358
(f) Clean Needle Technique Exam. 6359
(6) To assist the board in conducting its licensure 6360
investigation, all applicants shall undergo a fingerprint-based 6361
criminal history records check of the Mississippi central criminal 6362
database and the Federal Bureau of Investigation criminal history 6363
database. Each applicant shall submit a full set of the 6364
applicant's fingerprints in a form and manner prescribed by the 6365
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 259 (aa\kr)

board, which shall be forwarded to the Mississippi Department of 6366
Public Safety (department) and the Federal Bureau of Investigation 6367
Identification Division for this purpose. Any and all state or 6368
national criminal history records information obtained by the 6369
board that is not already a matter of public record shall be 6370
deemed nonpublic and confidential information restricted to the 6371
exclusive use of the board, its members, officers, investigators, 6372
agents and attorneys in evaluating the applicant's eligibility or 6373
disqualification for licensure, and shall be exempt from the 6374
Mississippi Public Records Act of 1983. Except when introduced 6375
into evidence in a hearing before the board to determine 6376
licensure, no such information or records related thereto shall, 6377
except with the written consent of the applicant or by order of a 6378
court of competent jurisdiction, be released or otherwise 6379
disclosed by the board to any other person or agency. The board 6380
shall provide to the department the fingerprints of the applicant, 6381
any additional information that may be required by the department, 6382
and a form signed by the applicant consenting to the check of the 6383
criminal records and to the use of the fingerprints and other 6384
identifying information required by the state or national 6385
repositories. The board shall charge and collect from the 6386
applicant, in addition to all other applicable fees and costs, 6387
such amount as may be incurred by the board in requesting and 6388
obtaining state and national criminal history records information 6389
on the applicant. 6390
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 260 (aa\kr)

(7) The board shall issue a license to every applicant whose 6391
application has been filed with and approved by the board and who 6392
has paid the required fees and who either: 6393
(a) Has passed the board's written examination and 6394
practical examination, with a score of not less than seventy 6395
percent (70%) on each examination; or 6396
(b) Has achieved a passing score on a board approved 6397
nationally recognized examination, which examination includes a 6398
written and practical portion, as determined by the board; or 6399
(c) Has received certification from a board approved 6400
national certification process; or 6401
(d) Has achieved a passing score on a board approved 6402
nationally recognized written examination and has passed the 6403
board's practical examination with a score of not less than 6404
seventy percent (70%). 6405
(8) The board shall keep a record of all examinations held, 6406
together with the names and addresses of all persons taking 6407
examinations, and the examination results. Within forty-five (45) 6408
days after the examination, the board shall give written notice of 6409
the results of the examination to each applicant. 6410
SECTION 80. Section 75-27-305, Mississippi Code of 1972, is 6411
amended as follows: 6412
75-27-305. (1) A citizen of the United States or a person 6413
who has declared his or her intention of becoming such a citizen, 6414
who is a resident of the State of Mississippi, not less than 6415
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 261 (aa\kr)

twenty-one (21) years of age, * * * who has the ability to weigh 6416
accurately and to make correct weight certificates, and who has 6417
received from the commissioner a license as a bonded weighmaster, 6418
shall be styled and authorized to act as a bonded weighmaster. 6419
(2) The commissioner may adopt rules and regulations for 6420
determining the qualifications of the applicant for license as a 6421
bonded weighmaster. The commissioner may pass upon the 6422
qualifications of the applicant upon the basis of the information 6423
supplied in the application, may examine such applicant orally or 6424
in writing, or both, for the purpose of determining his or her 6425
qualifications. The commissioner shall grant licenses to such 6426
applicants as may be found to possess the qualifications required 6427
herein. The commissioner shall keep a record of all such 6428
applications and of all licenses issued thereon. 6429
SECTION 81. Section 75-57-49, Mississippi Code of 1972, is 6430
amended as follows: 6431
75-57-49. (1) Before any person shall be granted a permit 6432
to, or shall engage in or continue in the business of the 6433
distributing, either wholesale or retail, installing, altering, 6434
extending, changing or repairing of any liquefied compressed gas 6435
system, appliance or container, or in the business of distributing 6436
and selling liquefied compressed gas, either at wholesale or 6437
retail, whether from trucks or other vessels, in cylinders or in 6438
any other manner, such person shall satisfy the State Liquefied 6439
Compressed Gas Board that he or she is * * * competent to transact 6440
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 262 (aa\kr)

business so as to safeguard the interest of the public, and is 6441
financially responsible; and this provision as to financial 6442
responsibility shall be met by such person by filing with the 6443
State Liquefied Compressed Gas Board evidence that he or she has 6444
in force such of the hereinafter listed insurance policies on 6445
standard contract forms and written by an insurance company, or 6446
companies, qualified to do business in the State of Mississippi, 6447
as the State Liquefied Compressed Gas Board shall require, based 6448
upon those activities listed above in which such person is 6449
engaged, to wit: 6450
ANY PERSON THAT ENGAGES IN FILLING CYLINDERS AND MOTOR FUEL 6451
TANKS WITH LIQUEFIED COMPRESSED GAS ON THEIR PREMISES OR ANY 6452
PERSON WHO IS IN THE BUSINESS OF INSTALLING LC GAS CARBURETION OR 6453
APPLIANCES: 6454
Limits of Liability 6455
Each 6456
Occasion Aggregate 6457
Manufacturers and Contractors 6458
Public Liability $100,000 $300,000 6459
Products Liability $100,000 $300,000 6460
Workers' Compensation and 6461
Employers' Liability 6462
Insurance State Statute 6463
ANY PERSON THAT ENGAGES IN ANY PHASE OF THE LIQUEFIED 6464
COMPRESSED GAS BUSINESS OTHER THAN CYLINDER-FILLING LOCATIONS: 6465
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 263 (aa\kr)

Limits of Liability 6466
Bodily Injury Property 6467
Each Each Damage Each 6468
Person Accident Accident 6469
Automobile Public Liability $500,000 $1,000,000 $1,000,000 6470
Each 6471
Occasion Aggregate 6472
Manufacturers and Contractors 6473
Public Liability $1,000,000 $1,000,000 6474
Products Liability $1,000,000 $1,000,000 6475
Workers' Compensation and 6476
Employers' Liability 6477
Insurance State Statute 6478
(2) The State Liquefied Compressed Gas Board shall not 6479
require insurance coverage as specified above unless the hazard of 6480
liquefied compressed gases is involved. 6481
(3) No policy issued under the provisions of this chapter 6482
may be cancelled before thirty (30) days from the date of receipt 6483
by the Commissioner of Insurance of written notice of intention to 6484
cancel the policy. 6485
(4) It is expressly provided, however, that in lieu of 6486
filing with the State Liquefied Compressed Gas Board evidence that 6487
such insurance, as outlined above, is in force, any such person 6488
may file with the State Liquefied Compressed Gas Board a good and 6489
sufficient surety bond executed by a surety company licensed to do 6490
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 264 (aa\kr)

business in this state in the amount of One Million Dollars 6491
($1,000,000.00), which such bond shall be payable to the State of 6492
Mississippi and shall be conditioned to guarantee the payment of 6493
all damages which proximately result from any act of negligence on 6494
the part of such person, or their agents or employees, while 6495
engaged in any of the activities herein specified. In lieu of the 6496
surety bond, any such person may execute and file a good and 6497
sufficient personal bond in the amount and conditioned as 6498
specified above, which such personal bond shall be secured by 6499
bonds or other obligations of the State of Mississippi or the 6500
United States government, of equal value. 6501
(5) Upon compliance with the provisions of this section, 6502
where such compliance is required, and upon compliance with all 6503
other provisions of this chapter, the State Liquefied Compressed 6504
Gas Board shall issue to such dealer a permit to engage in such 6505
business, but not before. All such permits shall be valid until 6506
voluntarily surrendered, or until suspended, revoked or cancelled 6507
by the State Liquefied Compressed Gas Board, the Commissioner of 6508
Insurance or the chancery or circuit court. All permits issued 6509
under the provisions of Chapter 170, Laws of 1940, as amended, or 6510
Chapter 265, Laws of 1946, shall remain in full force and effect 6511
until the expiration date thereof at which time they must be 6512
renewed under the terms and conditions of this chapter. 6513
SECTION 82. Section 75-60-31, Mississippi Code of 1972, is 6514
amended as follows: 6515
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 265 (aa\kr)

75-60-31. No agent permit shall be issued pursuant to 6516
Section 75-60-25 to any person found by the Commission on 6517
Proprietary School and College Registration * * * to have been 6518
convicted of a disqualifying crime as provided in the Fresh Start 6519
Act. 6520
SECTION 83. Section 75-60-33, Mississippi Code of 1972, is 6521
amended as follows: 6522
75-60-33. Any agent permit issued may be revoked by the 6523
Commission on Proprietary School and College Registration if the 6524
holder of the permit solicits or enrolls students through fraud, 6525
deception or misrepresentation * * *. 6526
The Commission on Proprietary School and College Registration 6527
shall hold informal conferences pursuant to Section 75-60-19 with 6528
an agent believed to be in violation of one or more of the above 6529
conditions. If these conferences fail to eliminate the agent's 6530
objectionable practices or procedures, the commission shall hold a 6531
public hearing. A record of such proceedings shall be taken and 6532
appeals to the commission shall be upon such record, except as may 6533
be provided by rules and regulations to be adopted by the 6534
commission. Nothing said or done in the informal conferences 6535
shall be disclosed by the staff of the commission nor be used as 6536
evidence in any subsequent proceedings. 6537
SECTION 84. Section 75-76-67, Mississippi Code of 1972, is 6538
amended as follows: 6539
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 266 (aa\kr)

75-76-67. (1) Any person who the commission determines is 6540
qualified to receive a license or be found suitable under the 6541
provisions of this chapter, having due consideration for the 6542
proper protection of the health, safety, morals, good order and 6543
general welfare of the inhabitants of the State of Mississippi and 6544
the declared policy of this state, may be issued a state gaming 6545
license or found suitable. The burden of proving his 6546
qualification to receive any license or be found suitable is on 6547
the applicant. 6548
(2) An application to receive a license or be found suitable 6549
shall not be granted unless the commission is satisfied that the 6550
applicant is: 6551
(a) A person of * * * honesty and integrity; 6552
(b) A person whose prior activities, criminal record, 6553
if any, reputation, habits and associations do not pose a threat 6554
to the public interest of this state or to the effective 6555
regulation and control of gaming, or create or enhance the dangers 6556
of unsuitable, unfair or illegal practices, methods and activities 6557
in the conduct of gaming or the carrying on of the business and 6558
financial arrangements incidental thereto; and 6559
(c) In all other respects qualified to be licensed or 6560
found suitable consistent with the declared laws of the state. 6561
(3) No person shall be granted a license or found suitable 6562
under the provisions of this chapter who has been convicted of 6563
a * * * disqualifying crime as provided in the Fresh Start Act in 6564
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 267 (aa\kr)

any court of this state, another state, or the United States; and 6565
no person shall be granted a license or found suitable hereunder 6566
who has been convicted of a * * * disqualifying crime as provided 6567
in the Fresh Start Act in any court of another state or the United 6568
States which, if committed in this state, would be a * * * 6569
disqualifying crime; and no person shall be granted a license or 6570
found suitable under the provisions of this chapter who has been 6571
convicted of a misdemeanor in any court of this state or of 6572
another state, when such conviction was for gambling, sale of 6573
alcoholic beverages to minors, prostitution, or procuring or 6574
inducing individuals to engage in prostitution. 6575
(4) A license to operate a gaming establishment shall not be 6576
granted unless the applicant has satisfied the commission that: 6577
(a) He has adequate business probity, competence and 6578
experience, in gaming or generally; and 6579
(b) The proposed financing of the entire operation is: 6580
(i) Adequate for the nature of the proposed 6581
operation; and 6582
(ii) From a suitable source. Any lender or other 6583
source of money or credit which the commission finds does not meet 6584
the standards set forth in subsection (2) may be deemed 6585
unsuitable. 6586
(5) An application to receive a license or be found suitable 6587
constitutes a request for a determination of the applicant's 6588
general * * * integrity and ability to participate or engage in, 6589
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 268 (aa\kr)

or be associated with gaming. Any written or oral statement made 6590
in the course of an official proceeding of the commission or the 6591
executive director or any witness testifying under oath which is 6592
relevant to the purpose of the proceeding is absolutely privileged 6593
and does not impose liability for defamation or constitute a 6594
ground for recovery in any civil action. 6595
(6) The commission may, in its discretion, grant a license 6596
to a corporation which has complied with the provisions of this 6597
chapter. 6598
(7) The commission may, in its discretion, grant a license 6599
to a limited partnership which has complied with the provisions of 6600
this chapter. 6601
(8) No limited partnership, except one whose sole limited 6602
partner is a publicly traded corporation which has registered with 6603
the commission, or business trust or organization or other 6604
association of a quasi-corporate character is eligible to receive 6605
or hold any license under this chapter unless all persons having 6606
any direct or indirect interest therein of any nature whatsoever, 6607
whether financial, administrative, policymaking or supervisory, 6608
are individually qualified to be licensed under the provisions of 6609
this chapter. 6610
(9) The commission may, by regulation, limit the number of 6611
persons who may be financially interested and the nature of their 6612
interest in any corporation or other organization or association 6613
licensed under this chapter, and may establish such other 6614
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 269 (aa\kr)

qualifications of licenses as the commission, in its discretion, 6615
deems to be in the public interest and consistent with the 6616
declared policy of the state. 6617
SECTION 85. Section 81-18-9, Mississippi Code of 1972, is 6618
amended as follows: 6619
81-18-9. (1) Applicants for a license shall apply in a form 6620
as prescribed by the commissioner. Each such form shall contain 6621
content as set forth by rule, regulation, instruction or procedure 6622
of the commissioner and may be changed or updated as necessary by 6623
the commissioner in order to carry out the purposes of this 6624
chapter. 6625
(2) The mortgage broker and mortgage lender application 6626
through the Nationwide Multistate Licensing System and Registry 6627
shall include, but is not limited to, the following: 6628
(a) The legal name, residence and business address of 6629
the applicant and, if applicable, the legal name, residence and 6630
business address of every principal and executive officer, 6631
together with the résumé of the applicant and of every principal 6632
and executive officer of the applicant. In addition, an 6633
independent credit report obtained from a consumer-reporting 6634
agency described in Section 603(p) of the Fair Credit Reporting 6635
Act and information related to any administrative, civil or 6636
criminal findings by any governmental jurisdiction of every 6637
principal and executive officer. 6638
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 270 (aa\kr)

(b) The legal name of the mortgage broker or mortgage 6639
lender in addition to the name under which the applicant will 6640
conduct business in the state, neither of which may be already 6641
assigned to a licensed mortgage broker or mortgage lender. 6642
(c) The complete address of the applicant's principal 6643
place of business, branch office(s) and any other locations at 6644
which the applicant will engage in any business activity covered 6645
by this chapter. All locations shall be within the United States 6646
of America or a territory of the United States of America, 6647
including Puerto Rico and the U.S. Virgin Islands. 6648
(d) A copy of the certificate of incorporation, if a 6649
Mississippi corporation. 6650
(e) Documentation satisfactory to the department as to 6651
a certificate of existence of authority to transact business 6652
lawfully in Mississippi from the Mississippi Secretary of State's 6653
office, if a limited liability company, partnership, trust or any 6654
other group of persons, however organized. This paragraph does 6655
not pertain to applicants organized as an individual or as a sole 6656
proprietorship. 6657
(f) If a foreign entity, a copy of a certificate of 6658
authority to conduct business in Mississippi and the address of 6659
the principal place of business of the foreign entity. 6660
(g) Documentation of a minimum of two (2) years' 6661
experience directly related to mortgage activities by a person 6662
named as the qualifying individual of the company. The qualifying 6663
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 271 (aa\kr)

individual shall be primarily responsible for the operations of 6664
the licensed mortgage broker or mortgage lender. Only one (1) 6665
qualifying individual shall be named for Mississippi and this 6666
person shall be the qualifying individual for only one (1) 6667
licensee. Evidence of experience shall include, where applicable: 6668
(i) Copies of business licenses issued by 6669
governmental agencies. 6670
(ii) Employment history of the person filing the 6671
application for at least two (2) years before the date of the 6672
filing of an application, including, but not limited to, job 6673
descriptions, length of employment, names, addresses and phone 6674
numbers for past employers. 6675
(iii) Any other data and pertinent information as 6676
the department may require with respect to the applicant, its 6677
directors, principals, trustees, officers, members, contractors or 6678
agents. A resume alone shall not be sufficient proof of 6679
employment history. 6680
(3) The mortgage broker and mortgage lender applications 6681
shall be filed on the Nationwide Multistate Licensing System and 6682
Registry together with the following: 6683
(a) The license fee specified in Section 81-18-15; 6684
(b) An original or certified copy of a surety bond in 6685
favor of the State of Mississippi for the use, benefit and 6686
indemnity of any person who suffers any damage or loss as a result 6687
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 272 (aa\kr)

of the company's breach of contract or of any obligation arising 6688
therefrom or any violation of law; 6689
(c) A set of fingerprints from any local law 6690
enforcement agency from the following applicants: 6691
(i) All persons operating as a sole proprietorship 6692
that plan to conduct a mortgage-brokering or lending business in 6693
the State of Mississippi; 6694
(ii) Partners in a partnership or principal owners 6695
of a limited liability company that own at least ten percent (10%) 6696
of the voting shares of the company; 6697
(iii) Any shareholders owning ten percent (10%) or 6698
more of the outstanding shares of the corporation; 6699
(iv) All executive officers of the applicant; 6700
(v) All loan originators; and 6701
(vi) The named qualifying individual of the 6702
company as required in Section 81-18-9(2)(g). The applicant shall 6703
name only one (1) individual as the qualifying individual for the 6704
State of Mississippi; and 6705
(d) At least one (1) individual shall be licensed as a 6706
loan originator at a licensed location. 6707
(4) In connection with an application for licensing as a 6708
mortgage broker or lender under this chapter, the required 6709
stockholders, owners, directors and executive officers of the 6710
applicant shall, at a minimum, furnish to the Nationwide 6711
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 273 (aa\kr)

Multistate Licensing System and Registry information concerning 6712
the individual's identity, including: 6713
(a) Fingerprints from any local law enforcement agency 6714
for submission to the Federal Bureau of Investigation and any 6715
governmental entity authorized to receive that information for a 6716
state, national and/or international criminal history background 6717
check; and 6718
(b) Personal history and experience in a form 6719
prescribed by the Nationwide Multistate Licensing System and 6720
Registry, including the submission of authorization for the 6721
Nationwide Multistate Licensing System and Registry and the 6722
commissioner to obtain: 6723
(i) An independent credit report obtained from a 6724
consumer-reporting agency described in Section 603(p) of the Fair 6725
Credit Reporting Act; and 6726
(ii) Information related to any administrative, 6727
civil or criminal findings by any governmental jurisdiction. 6728
(5) Upon receipt of an application for licensure, the 6729
department or designated third party shall conduct an 6730
investigation as it deems necessary to determine that the 6731
applicant and its officers, directors and principals are of 6732
good * * * ethical reputation; that the applicant demonstrates 6733
reasonable financial responsibility; and that the applicant has 6734
reasonable policies and procedures to receive and process customer 6735
grievances and inquiries promptly and fairly. 6736
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 274 (aa\kr)

(6) The commissioner shall not license an applicant unless 6737
he is satisfied that the applicant will operate its mortgage 6738
activities in compliance with the laws, rules and regulations of 6739
this state and the United States. 6740
(7) If an applicant satisfies the requirements of this 6741
chapter for a mortgage broker or mortgage lender license, the 6742
commissioner shall issue the license unless the commissioner finds 6743
any of the following: 6744
(a) The applicant has had a mortgage lender, mortgage 6745
broker or mortgage servicer license revoked in any governmental 6746
jurisdiction, except that a subsequent formal vacation of the 6747
revocation shall not be deemed a revocation; or 6748
(b) The applicant or its controlling persons has been 6749
convicted of, or pled guilty or nolo contendere to, (i) a * * * 6750
disqualifying crime as provided in the Fresh Start Act; or (ii) at 6751
any time preceding the date of application if such * * * crime 6752
involved an act of fraud, dishonesty, a breach of trust, or money 6753
laundering. However, any pardon or expungement of a conviction 6754
shall not be a conviction for purposes of this subsection. 6755
(8) Applicants for a mortgage loan originator license shall 6756
apply in a form as prescribed by the commissioner and shall be 6757
filed on the Nationwide Multistate Licensing System and Registry. 6758
Each such form shall contain content as set forth by rules, 6759
regulations, instructions or procedures of the commissioner and 6760
may be changed or updated as necessary by the commissioner in 6761
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 275 (aa\kr)

order to carry out the purposes of this chapter. The initial 6762
license of a mortgage loan originator shall be accompanied by a 6763
fee of Three Hundred Dollars ($300.00), to be paid to the 6764
Nationwide Multistate Licensing System and Registry, and any 6765
additional fees as required by the Nationwide Multistate Licensing 6766
System and Registry. The commissioner shall not issue a mortgage 6767
loan originator license unless the commissioner makes at a minimum 6768
the following findings: 6769
(a) The applicant has never had a mortgage loan 6770
originator license revoked in any governmental jurisdiction, 6771
except that a later formal vacation of that revocation shall not 6772
be deemed a revocation. 6773
(b) The applicant has not been convicted of, or pled 6774
guilty or nolo contendere to, (i) a * * * disqualifying crime as 6775
provided in the Fresh Start Act; or (ii) at any time preceding the 6776
date of application if such * * * crime involved an act of fraud, 6777
dishonesty, a breach of trust or money laundering. However, any 6778
pardon or expungement of a conviction shall not be a conviction 6779
for purposes of this subsection. 6780
(c) The applicant has demonstrated financial 6781
responsibility, character and general fitness such as to command 6782
the confidence of the community and to warrant a determination 6783
that the mortgage loan originator will operate honestly, fairly 6784
and efficiently within the purposes of this chapter. 6785
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 276 (aa\kr)

(d) The applicant has completed the prelicensing 6786
education requirement described in Section 81-18-14(1). 6787
(e) The applicant has passed a written test that meets 6788
the test requirement described in Section 81-18-14(7). 6789
(f) The applicant has met the surety bond requirement 6790
as provided in Section 81-18-11. 6791
(g) This individual must work or be exclusively engaged 6792
to perform mortgage loan origination activities for a Mississippi 6793
licensed company and work or perform mortgage loan origination 6794
activities from the location licensed with the department or a 6795
remote location. If the licensed loan originator resides and 6796
works or performs mortgage loan origination activities in 6797
Mississippi, then he or she may work or perform mortgage loan 6798
origination activities from any licensed location of the licensed 6799
company within the State of Mississippi or a remote location. 6800
However, an owner of a minimum of ten percent (10%) of a licensed 6801
company or the named qualifying individual on file with the 6802
department, who is a licensed loan originator with the department, 6803
may work from any licensed location of the licensed company within 6804
the State of Mississippi in the capacity of a loan originator as 6805
described in this chapter. 6806
(9) In order to fulfill the purposes of this chapter, the 6807
commissioner is authorized to establish relationships or contracts 6808
with the Nationwide Multistate Licensing System and Registry or 6809
other entities designated by the Nationwide Multistate Licensing 6810
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 277 (aa\kr)

System and Registry to collect and maintain records and process 6811
transaction fees or other fees related to licensees or other 6812
persons subject to this chapter. 6813
(10) In connection with an application for licensing as a 6814
mortgage loan originator, the applicant shall, at a minimum, 6815
furnish to the Nationwide Multistate Licensing System and Registry 6816
information concerning the applicant's identity, including: 6817
(a) Fingerprints for submission to the Federal Bureau 6818
of Investigation, and any governmental agency or entity authorized 6819
to receive that information for a state, national and/or 6820
international criminal history background check; and 6821
(b) Personal history and experience in a form 6822
prescribed by the Nationwide Multistate Licensing System and 6823
Registry, including the submission of authorization for the 6824
Nationwide Multistate Licensing System and Registry and the 6825
commissioner to obtain: 6826
(i) An independent credit report obtained from a 6827
consumer-reporting agency described in Section 603(p) of the Fair 6828
Credit Reporting Act; and 6829
(ii) Information related to any administrative, 6830
civil or criminal findings by any governmental jurisdiction. 6831
(11) For the purposes of this section and in order to reduce 6832
the points of contact which the Federal Bureau of Investigation 6833
may have to maintain for purposes of subsection (10)(a) and 6834
(b)(ii) of this section, the commissioner may use the Nationwide 6835
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 278 (aa\kr)

Multistate Licensing System and Registry as a channeling agent for 6836
requesting information from and distributing information to the 6837
Department of Justice or any governmental agency. 6838
(12) For the purposes of this section and in order to reduce 6839
the points of contact which the commissioner may have to maintain 6840
for purposes of subsection (10)(b)(i) and (ii) of this section, 6841
the commissioner may use the Nationwide Multistate Licensing 6842
System and Registry as a channeling agent for requesting and 6843
distributing information to and from any source so directed by the 6844
commissioner. 6845
SECTION 86. Section 83-17-75, Mississippi Code of 1972, is 6846
amended as follows: 6847
83-17-75. (1) An insurance producer shall not act as an 6848
agent of an insurer unless the insurance producer becomes an 6849
appointed agent of that insurer. An insurance producer who is not 6850
acting as an agent of an insurer is not required to become 6851
appointed. 6852
(2) To appoint a producer as its agent, the appointing 6853
insurer shall file, in a format approved by the commissioner, a 6854
notice of appointment within fifteen (15) days from the date the 6855
agency contract is executed or the first insurance application is 6856
submitted. An insurer may also elect to appoint a producer to all 6857
or some insurers within the insurer's holding company system or 6858
group by the filing of a single appointment request. 6859
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 279 (aa\kr)

(3) Upon receipt of the notice of appointment, the 6860
commissioner shall verify within a reasonable time not to exceed 6861
thirty (30) days that the insurance producer is eligible for 6862
appointment. If the insurance producer is determined to be 6863
ineligible for appointment, the commissioner shall notify the 6864
insurer within five (5) days of its determination. 6865
(4) An insurer shall pay an appointment fee, in the amount 6866
and method of payment set forth in Section 83-5-73 for each 6867
insurance producer appointed by the insurer. 6868
(5) An insurer shall remit, in a manner prescribed by the 6869
commissioner, a renewal appointment fee in the amount set forth in 6870
Section 83-5-73. 6871
(6) Before the issuance of a license or certificate of 6872
authority, the commissioner shall require the company requesting 6873
appointment of the applicant as producer for the first time to 6874
furnish a certificate to the commissioner, verified by an 6875
executive officer or managing general or special agent of such 6876
company, that the company has duly investigated the * * * record 6877
of such person and has satisfied itself that such person is * * * 6878
qualified, fit and trustworthy to act as its producer. The 6879
Commissioner of Insurance may at any time require any company to 6880
obtain a credit report on a producer if the commissioner deems 6881
such request advisable. Should such credit report reflect 6882
information regarding an offense or violation in relation to which 6883
the Department of Insurance has taken action, such information 6884
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 280 (aa\kr)

shall not render the applicant ineligible for a license if 6885
applicant has complied with the order of the commissioner 6886
regarding such offense. 6887
SECTION 87. Section 83-39-9, Mississippi Code of 1972, is 6888
amended as follows: 6889
83-39-9. The department upon receipt of the license 6890
application, the required fee * * * and, in the case of a 6891
professional bail agent, an approved qualification bond in the 6892
required amount, shall issue to the applicant a license to do 6893
business as a professional bail agent, soliciting bail agent or 6894
bail enforcement agent as the case may be. 6895
No licensed professional bail agent shall have in his employ 6896
in the bail bond business any person who could not qualify for a 6897
license under this chapter, nor shall any licensed professional 6898
bail agent have as a partner or associate in such business any 6899
person who could not so qualify. 6900
SECTION 88. Section 73-69-7, Mississippi Code of 1972, is 6901
amended as follows: 6902
73-69-7. (1) The State Fire Marshal shall administer and 6903
enforce the provisions of this chapter and shall have the 6904
authority to promulgate and adopt such rules and regulations as 6905
may be necessary for such proper administration and enforcement. 6906
The Electronic Protection Advisory Licensing Board created in 6907
Section 73-69-21 shall advise the State Fire Marshal with respect 6908
to the rules and regulations of the provisions of this chapter. 6909
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 281 (aa\kr)

The State Fire Marshal shall have the authority to approve written 6910
training programs or acceptable equivalents for meeting the 6911
training requirements of this licensing law. The State Fire 6912
Marshal may also accept, as such an equivalent, licensure of a 6913
company or person by a jurisdiction outside this state, which has 6914
standards and requirements of practice which substantially conform 6915
to the provisions of this chapter. The State Fire Marshal shall 6916
also establish continuing education requirements. 6917
(2) Application for a Class A license. In order to engage 6918
in alarm contracting, a company shall apply for and obtain a Class 6919
A license for each operating location doing business in the state. 6920
A Class A license shall authorize a company to engage in any type 6921
of alarm contracting. An applicant for a Class A license shall 6922
submit the following to the State Fire Marshal: 6923
(a) Documentation that the company is an entity duly 6924
authorized to conduct business within this state. 6925
(b) Documentation that the company holds a general 6926
liability and errors and omissions insurance policy, or a surety 6927
bond, in an amount not less than Three Hundred Thousand Dollars 6928
($300,000.00). 6929
(c) Documentation that the company carries a current 6930
and valid workers' compensation insurance policy as required by 6931
state law. 6932
(d) The name of the person who will serve as the 6933
designated agent of the company. 6934
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 282 (aa\kr)

(e) For a company applying for a Class A license, 6935
evidence that the company has at least one (1) employee who holds 6936
a Class B license at each of its operating locations. 6937
(f) A statement that no officer or principal has been 6938
convicted of a * * * disqualifying crime as provided in the Fresh 6939
Start Act, has received a first-time offender pardon for a * * * 6940
disqualifying crime as provided in the Fresh Start Act, or has 6941
entered a plea of guilty or nolo contendere to a * * * 6942
disqualifying crime as provided in the Fresh Start Act. 6943
(g) The application fee authorized by this chapter. 6944
(h) Documentation that the company is located within 6945
the physical boundaries of the state. 6946
(i) Beginning on July 1, 2014, in order to assist the 6947
Office of the State Fire Marshal in determining an applicant's 6948
suitability for a license under this chapter, a Class A applicant, 6949
upon request from the State Fire Marshal, shall submit a set of 6950
fingerprints for all officers and principals with the submission 6951
of an application for license or at such time as deemed necessary 6952
by the State Fire Marshal. The Office of the State Fire Marshal 6953
shall forward the fingerprints to the Department of Public Safety 6954
for the purpose of conducting a criminal history record check. If 6955
no disqualifying record is identified at the state level, the 6956
fingerprints shall be forwarded by the Department of Public Safety 6957
to the Federal Bureau of Investigation for a national criminal 6958
history record check. Fees related to the criminal history record 6959
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 283 (aa\kr)

check shall be paid by the applicant to the State Fire Marshal and 6960
the monies from such fees shall be deposited in the special fund 6961
in the State Treasury designated as the Electronic Protection 6962
Licensing Fund. 6963
(j) The name of each company providing monitoring 6964
services. 6965
(3) If the action by the State Fire Marshal is to nonrenew 6966
or to deny an application for license, the State Fire Marshal 6967
shall notify the applicant or licensee and advise, in writing, the 6968
applicant or licensee of the reason for the denial or nonrenewal 6969
of the applicant's or licensee's license. The applicant or 6970
licensee may make written demand upon the State Fire Marshal 6971
within ten (10) days for a hearing before the State Fire Marshal 6972
to determine the reasonableness of the State Fire Marshal's 6973
action. The hearing shall be held within thirty (30) days. 6974
SECTION 89. Section 73-69-11, Mississippi Code of 1972, is 6975
amended as follows: 6976
73-69-11. (1) Any person employed by an alarm contracting 6977
company shall hold an individual license issued by the State Fire 6978
Marshal. Such license shall authorize its holder to engage in 6979
alarm contracting, only to the extent of the terms as further 6980
provided in this chapter. 6981
(2) Such application shall be accompanied by: 6982
(a) Two (2) suitable photographs of the applicant 6983
acceptable to the State Fire Marshal. The State Fire Marshal 6984
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 284 (aa\kr)

shall keep one (1) photograph on file and shall make the other 6985
photograph a part of any license subsequently issued to the 6986
applicant. 6987
(b) Documentation that the applicant meets educational 6988
requirements applicable to the type of license for which he is 6989
applying, as follows: 6990
(i) For a Class B license: a minimum of 6991
Electronic Security Association, Level 2 A and Level 2 B Burglar 6992
Alarm training course or the Electronic Security Association, Fire 6993
Alarm Installation Methods and Advanced Intrusion Systems training 6994
courses, or equivalent training approved by the State Fire 6995
Marshal, and documentation proving residency within a radius of 6996
one hundred fifty (150) miles of the office to which he is 6997
assigned. 6998
(ii) For a Class C license: a minimum of 6999
Electronic Security Association Level 1 Certified Alarm/Security 7000
Technician training course, or equivalent training approved by the 7001
State Fire Marshal. 7002
(iii) For a Class D license: a minimum of 7003
Electronic Security Association, Understanding Electronic Security 7004
Systems training course, or equivalent training approved by the 7005
State Fire Marshal. 7006
(iv) For a Class H license: application by a 7007
Class B or Class C license holder that they will provide direct 7008
supervision of the Class H licensee. 7009
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 285 (aa\kr)

(c) (i) A statement by the applicant that he has not 7010
been convicted of a * * * disqualifying crime as provided in the 7011
Fresh Start Act, received a first-time offender pardon for a * * * 7012
disqualifying crime as provided in the Fresh Start Act, or entered 7013
a plea of guilty or nolo contendere to a * * * disqualifying crime 7014
as provided in the Fresh Start Act. * * * 7015
(ii) A conviction or a plea of guilty or nolo 7016
contendere to a * * * disqualifying crime as provided in the Fresh 7017
Start Act or receipt of a first-time offender pardon shall not 7018
constitute an automatic disqualification as otherwise required 7019
pursuant to subparagraph (i) if ten (10) or more years have 7020
elapsed between the date of application and the successful 7021
completion or service of any sentence, deferred adjudication or 7022
period of probation or parole. 7023
(iii) Subparagraph (ii) shall not apply to any 7024
person convicted of a felony crime of violence or a sex offense as 7025
defined within the Mississippi Criminal Code. 7026
(d) The State Fire Marshal shall have the authority to 7027
conduct criminal history verification on a local, state or 7028
national level. Beginning on July 1, 2014, in order to assist the 7029
Office of the State Fire Marshal in determining an applicant's 7030
suitability for a license under this chapter, an applicant shall 7031
submit a set of fingerprints with the submission of an application 7032
for license. The Office of the State Fire Marshal shall forward 7033
the fingerprints to the Department of Public Safety for the 7034
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 286 (aa\kr)

purpose of conducting a criminal history record check. If no 7035
disqualifying record is identified at the state level, the 7036
fingerprints shall be forwarded by the Department of Public Safety 7037
to the Federal Bureau of Investigation for a national criminal 7038
history record check. Fees related to the criminal history record 7039
check shall be paid by the applicant to the State Fire Marshal and 7040
the monies from such fees shall be deposited in the special fund 7041
in the State Treasury designated as the Electronic Protection 7042
Licensing Fund. 7043
(e) The application fee authorized by this chapter. 7044
(3) The State Fire Marshal shall have the authority to 7045
determine if information submitted by an applicant is in a form 7046
acceptable to him. The State Fire Marshal shall verify or have 7047
another entity verify information submitted by each applicant. 7048
(4) If the State Fire Marshal finds that an applicant has 7049
met the applicable requirements of the alarm licensing law, he 7050
shall issue the appropriate type of license to the applicant upon 7051
payment of the license fee authorized by this chapter. 7052
(5) Each individual license holder shall maintain his 7053
license on his person while engaging in any type of alarm 7054
contracting as applicable. Each such license holder shall present 7055
his license for inspection upon demand by an employee of the 7056
Office of the State Fire Marshal or a law enforcement officer. 7057
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 287 (aa\kr)

(6) Each individual license holder shall notify the State 7058
Fire Marshal, on a form specified and provided by the State Fire 7059
Marshal, within ten (10) days of the following: 7060
(a) Any change in business or home address. 7061
(b) Any separation from an employer or change in 7062
employer. 7063
(c) Any conviction for a * * * disqualifying crime as 7064
provided in the Fresh Start Act. 7065
(7) No individual licensed under this chapter shall contract 7066
for his services as an independent contractor or agent without 7067
applying for and being issued a Class A license per Section 7068
73-69-9. No alarm contracting company shall contract for the 7069
independent services of a holder of an individual license under 7070
this section. 7071
(8) The State Fire Marshal may enter into reciprocal 7072
agreements with other states for mutual recognition of individual 7073
license holders, if the State Fire Marshal has established the 7074
criteria for acceptance of reciprocal agreements by rule or 7075
regulation. The issuance of a license by reciprocity to a 7076
military-trained applicant, military spouse or person who 7077
establishes residence in this state shall be subject to the 7078
provisions of Section 73-50-1 or 73-50-2, as applicable. 7079
(9) If the action by the State Fire Marshal is to nonrenew 7080
or to deny an application for license, the State Fire Marshal 7081
shall notify the applicant or licensee and advise, in writing, the 7082
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 288 (aa\kr)

applicant or licensee of the reason for the denial or nonrenewal 7083
of the applicant's or licensee's license. The applicant or 7084
licensee may make written demand upon the State Fire Marshal 7085
within ten (10) days for a hearing before the State Fire Marshal 7086
to determine the reasonableness of the State Fire Marshal's 7087
action. The hearing shall be held within thirty (30) days. 7088
SECTION 90. Section 75-67-323, Mississippi Code of 1972, is 7089
amended as follows: 7090
75-67-323. (1) To be eligible for a pawnbroker license, an 7091
applicant shall: 7092
(a) Operate lawfully and fairly within the purposes of 7093
this article; 7094
(b) Not have been convicted of a * * * disqualifying 7095
crime as provided in the Fresh Start Act or be active as a 7096
beneficial owner for someone who has been convicted of a * * * 7097
disqualifying crime as provided in the Fresh Start Act; 7098
(c) File with the commissioner a bond with good 7099
security in the penal sum of Ten Thousand Dollars ($10,000.00), 7100
payable to the State of Mississippi for the faithful performance 7101
by the licensee of the duties and obligations pertaining to the 7102
business so licensed and the prompt payment of any judgment which 7103
may be recovered against such licensee on account of damages or 7104
other claim arising directly or collaterally from any violation of 7105
the provisions of this article; such bond shall not be valid until 7106
it is approved by the commissioner; such applicant may file, in 7107
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 289 (aa\kr)

lieu thereof, cash, a certificate of deposit, or government bonds 7108
in the amount of Ten Thousand Dollars ($10,000.00); such deposit 7109
shall be filed with the commissioner and is subject to the same 7110
terms and conditions as are provided for in the surety bond 7111
required herein; any interest or earnings on such deposits are 7112
payable to the depositor; 7113
(d) File with the commissioner an application 7114
accompanied by the initial license fee required in this article; 7115
(e) Submit a set of fingerprints from any local law 7116
enforcement agency. In order to determine the applicant's 7117
suitability for license, the commissioner shall forward the 7118
fingerprints to the Department of Public Safety; and if no 7119
disqualifying record is identified at the state level, the 7120
fingerprints shall be forwarded by the Department of Public Safety 7121
to the FBI for a national criminal history record check. 7122
(2) Every licensee shall post his license in a conspicuous 7123
place at each place of business. 7124
(3) Every licensee shall post and display a sign which 7125
measures at least twenty (20) inches by twenty (20) inches in a 7126
conspicuous place and in easy view of all persons who enter the 7127
place of business. The sign shall display bold, blocked letters, 7128
easily readable, with the following information: "This pawnshop 7129
is licensed and regulated by the Mississippi Department of Banking 7130
and Consumer Finance. If you encounter any unresolved problem 7131
with a transaction at this location, you are entitled to 7132
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 290 (aa\kr)

assistance. Please call or write: Mississippi Department of 7133
Banking and Consumer Finance, Post Office Drawer 23729, Jackson, 7134
MS 39225-3729; Phone 1-800-844-2499." 7135
(4) From and after December 1, 2010, each application for an 7136
initial license shall include evidence of the satisfactory 7137
completion of at least six (6) hours of approved prelicensing 7138
education, and each application for renewal shall include evidence 7139
of the satisfactory completion of at least six (6) hours of 7140
approved continuing education, by the owners or designated 7141
representative in pawnbroker transactions. Two (2) of the six (6) 7142
hours shall consist of instruction on the Mississippi Pawnshop Act 7143
and shall be approved by the department once the course is 7144
approved by the Mississippi Pawnbrokers Association or the 7145
National Pawnbrokers Association. 7146
SECTION 91. Section 75-67-421, Mississippi Code of 1972, is 7147
amended as follows: 7148
75-67-421. (1) To be eligible for a title pledge lender 7149
license, an applicant shall: 7150
(a) Operate lawfully and fairly within the purposes of 7151
this article; 7152
(b) Not have been convicted of a * * * disqualifying 7153
crime as provided in the Fresh Start Act or be active as a 7154
beneficial owner for someone who has been convicted of a * * * 7155
disqualifying crime as provided in the Fresh Start Act; 7156
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 291 (aa\kr)

(c) File with the commissioner a bond with good 7157
security in the penal sum of Fifty Thousand Dollars ($50,000.00) 7158
for each location at which the applicant proposes to engage in the 7159
business of title pledge lending, but in no event shall the 7160
aggregate amount of the bond for all locations per applicant 7161
exceed Two Hundred Fifty Thousand Dollars ($250,000.00) and no 7162
more than Fifty Thousand Dollars ($50,000.00) shall be payable or 7163
recoverable on the bond for each location; the bond shall be 7164
payable to the State of Mississippi for the faithful performance 7165
by the licensee of the duties and obligations pertaining to the 7166
business so licensed and the prompt payment of any judgment which 7167
may be recovered against the licensee on account of damages or 7168
other claim arising directly or collaterally from any violation of 7169
the provisions of this article; the bond shall not be valid until 7170
it is approved by the commissioner; the applicant may file, in 7171
lieu thereof, cash, a certificate of deposit or government bonds 7172
in the amount of Twenty-five Thousand Dollars ($25,000.00) for 7173
each location at which the applicant proposes to engage in the 7174
business of title pledge lending, but in no event shall the 7175
aggregate amount of the cash, certificate of deposit or government 7176
bonds for all locations per applicant exceed Two Hundred Fifty 7177
Thousand Dollars ($250,000.00) and no more than Twenty-five 7178
Thousand Dollars ($25,000.00) shall be payable or recoverable on 7179
the cash, certificate of deposit or government bonds for each 7180
location; the deposit of the cash, certificate of deposit or 7181
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 292 (aa\kr)

government bonds shall be filed with the commissioner and is 7182
subject to the same terms and conditions as are provided for in 7183
the surety bond required herein; any interest or earnings on such 7184
deposits are payable to the depositor * * *; 7185
(d) File with the commissioner an application 7186
accompanied by a set of fingerprints from any local law 7187
enforcement agency, and the initial license fee required in this 7188
article. In order to determine the applicant's suitability for 7189
license, the commissioner shall forward the fingerprints to the 7190
Department of Public Safety; and if no disqualifying record is 7191
identified at the state level, the fingerprints shall be forwarded 7192
by the Department of Public Safety to the FBI for a national 7193
criminal history record check. 7194
(2) Upon the filing of an application in a form prescribed 7195
by the commissioner, accompanied by the fee and documents required 7196
in this article, the department shall investigate to ascertain 7197
whether the qualifications prescribed by this article have been 7198
satisfied. If the commissioner finds that the qualifications have 7199
been satisfied and, if he approves the documents so filed by the 7200
applicant, he shall issue to the applicant a license to engage in 7201
the business of title pledge lending in this state. 7202
(3) Complete and file with the commissioner an annual 7203
renewal application accompanied by the renewal fee required in 7204
this article. 7205
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 293 (aa\kr)

(4) The license shall be kept conspicuously posted in the 7206
place of business of the licensee. 7207
SECTION 92. Section 75-67-509, Mississippi Code of 1972, is 7208
amended as follows: 7209
75-67-509. To be eligible for a check casher license, an 7210
applicant shall: 7211
(a) Operate lawfully and fairly within the purposes of 7212
this article. 7213
(b) Not have been convicted of a * * * disqualifying 7214
crime as provided in the Fresh Start Act or be active as a 7215
beneficial owner for someone who has been convicted of a * * * 7216
disqualifying crime as provided in the Fresh Start Act. 7217
(c) File with the commissioner a bond with good 7218
security in the penal sum of Ten Thousand Dollars ($10,000.00), 7219
payable to the State of Mississippi for the faithful performance 7220
by the licensee of the duties and obligations pertaining to the 7221
business so licensed and the prompt payment of any judgment which 7222
may be recovered against the licensee on account of charges or 7223
other claims arising directly or collectively from any violation 7224
of the provisions of this article. The bond shall not be valid 7225
until it is approved by the commissioner. The applicant may file, 7226
in lieu of the bond, cash, a certificate of deposit or government 7227
bonds in the amount of Ten Thousand Dollars ($10,000.00). Those 7228
deposits shall be filed with the commissioner and are subject to 7229
the same terms and conditions as are provided for in the surety 7230
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 294 (aa\kr)

bond required in this paragraph. Any interest or earnings on 7231
those deposits are payable to the depositor. 7232
(d) File with the commissioner an application for a 7233
license and the initial license fee required in this article. If 7234
applicant's application is approved, a check casher license will 7235
be issued within thirty (30) days. 7236
(e) Submit a set of fingerprints from any local law 7237
enforcement agency. In order to determine the applicant's 7238
suitability for license, the commissioner shall forward the 7239
fingerprints to the Department of Public Safety; and if no 7240
disqualifying record is identified at the state level, the 7241
fingerprints shall be forwarded by the Department of Public Safety 7242
to the FBI for a national criminal history record check. 7243
(f) Complete and file with the commissioner an annual 7244
renewal application for a license accompanied by the renewal fee 7245
required in this article. 7246
SECTION 93. Section 75-67-609, Mississippi Code of 1972, is 7247
amended as follows: 7248
75-67-609. To be eligible for a credit availability license, 7249
an applicant shall: 7250
(a) Operate lawfully and fairly within the purposes of 7251
this article. 7252
(b) Not have been convicted in the last ten (10) years 7253
or be active as a beneficial owner for someone who has been 7254
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 295 (aa\kr)

convicted in the last ten (10) years of a disqualifying 7255
crime * * * as provided in the Fresh Start Act. 7256
(c) File with the commissioner a bond with good 7257
security in the penal sum of Ten Thousand Dollars ($10,000.00), 7258
payable to the State of Mississippi, for the faithful performance 7259
by the licensee of the duties and obligations pertaining to the 7260
business so licensed and the prompt payment of any judgment which 7261
may be recovered against the licensee on account of charges or 7262
other claims arising directly or collectively from any violation 7263
of the provisions of this article. The bond shall not be valid 7264
until the commissioner approves it. The applicant may file, in 7265
lieu of the bond, cash, a certificate of deposit or government 7266
bonds in the amount of Ten Thousand Dollars ($10,000.00). Those 7267
deposits shall be filed with the commissioner and are subject to 7268
the same terms and conditions as are provided for in the surety 7269
bond required in this paragraph. Any interest or earnings on 7270
those deposits are payable to the depositor. Applicants applying 7271
for multiple licenses may submit a single bond for all licenses, 7272
provided that the total value of the bond is equal to Ten Thousand 7273
Dollars ($10,000.00) per license applied for. 7274
(d) File with the commissioner an application for a 7275
license and the initial license fee required in this article. If 7276
applicant's application is approved, a credit availability license 7277
will be issued within thirty (30) days. 7278
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 296 (aa\kr)

(e) File with the commissioner a set of fingerprints 7279
from any local law enforcement agency for each owner of a sole 7280
proprietorship, partners in a partnership or principal owners of a 7281
limited liability company that own at least ten percent (10%) of 7282
the voting shares of the company, shareholders owning ten percent 7283
(10%) or more of the outstanding shares of the corporation, 7284
except * * * publicly traded corporations and their subsidiaries, 7285
and any other executive officer with significant oversight duties 7286
of the business. In order to determine the applicant's 7287
suitability for license, the commissioner shall forward the 7288
fingerprints to the Department of Public Safety; and if no 7289
disqualifying record is identified at the state level, the 7290
Department of Public Safety shall forward the fingerprints to the 7291
FBI for a national criminal history record check. 7292
(f) Complete and file with the commissioner an annual 7293
renewal application for a license accompanied by the renewal fee 7294
required in this article. 7295
SECTION 94. Section 27-115-55, Mississippi Code of 1972, is 7296
amended as follows: 7297
27-115-55. (1) The Legislature hereby recognizes that to 7298
conduct a successful lottery, the corporation must develop and 7299
maintain a statewide network of lottery retailers that will serve 7300
the public convenience and promote the sale of tickets, while 7301
ensuring the integrity of the lottery operations, games and 7302
activities. 7303
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 297 (aa\kr)

(2) To govern the selection of lottery retailers, the board 7304
shall, by administrative rules and regulations, develop a list of 7305
objective criteria upon which the selection of lottery retailers 7306
shall be based. In developing these criteria, the board shall 7307
consider such factors as the applicant's financial responsibility, 7308
location and security of the applicant's place of business or 7309
activity, integrity, and reputation; however, the board shall not 7310
consider political affiliation, activities or monetary 7311
contributions to political organizations or candidates for any 7312
public office. The criteria shall include, but not be limited to, 7313
the following: 7314
(a) The applicant shall be current in payment of all 7315
taxes, interest and penalties owed to any taxing political 7316
subdivision where the lottery retailer will sell lottery tickets. 7317
(b) The applicant shall be current in filing all 7318
applicable tax returns and in payment of all taxes, interest and 7319
penalties owed to the State of Mississippi, excluding items under 7320
formal appeal pursuant to applicable statutes, before a license is 7321
issued and before each renewal. 7322
(c) No person shall be selected as a lottery retailer 7323
for the sale of lottery tickets who: 7324
(i) Has been convicted of a criminal offense 7325
related to the security or integrity of the lottery in this or any 7326
other jurisdiction. 7327
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 298 (aa\kr)

(ii) Has been convicted of any illegal gambling 7328
activity, false statements, false swearing or perjury in this or 7329
any other jurisdiction, or convicted of a * * * disqualifying 7330
crime as provided in the Fresh Start Act. 7331
(iii) Has been found to have violated the 7332
provisions of this chapter or any administrative rules and 7333
regulations adopted under this chapter, unless either ten (10) 7334
years have passed since the violation, or the president and the 7335
board find the violation both minor and unintentional in nature. 7336
(iv) Is a vendor or an employee or agent of any 7337
vendor doing business with the corporation. 7338
(v) Resides in the same household as an officer or 7339
board member of the corporation. 7340
(vi) Has made a statement of material fact to the 7341
corporation, knowing such statement to be false. 7342
SECTION 95. Section 37-13-89, Mississippi Code of 1972, is 7343
amended as follows: 7344
37-13-89. (1) In each school district within the state, 7345
there shall be employed the number of school attendance officers 7346
determined by the Office of Compulsory School Attendance 7347
Enforcement to be necessary to adequately enforce the provisions 7348
of the Mississippi Compulsory School Attendance Law; however, this 7349
number shall not exceed one hundred fifty-three (153) school 7350
attendance officers at any time. From and after July 1, 1998, all 7351
school attendance officers employed pursuant to this section shall 7352
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 299 (aa\kr)

be employees of the State Department of Education. The State 7353
Department of Education shall employ all persons employed as 7354
school attendance officers by district attorneys before July 1, 7355
1998, and shall assign them to school attendance responsibilities 7356
in the school district in which they were employed before July 1, 7357
1998. The first twelve (12) months of employment for each school 7358
attendance officer shall be the probationary period of state 7359
service. 7360
(2) (a) The State Department of Education shall obtain 7361
current criminal records background checks and current child abuse 7362
registry checks on all persons applying for the position of school 7363
attendance officer after July 2, 2002. The criminal records 7364
information and registry checks must be kept on file for any new 7365
hires. In order to determine an applicant's suitability for 7366
employment as a school attendance officer, the applicant must be 7367
fingerprinted. If no disqualifying record is identified at the 7368
state level, the Department of Public Safety shall forward the 7369
fingerprints to the Federal Bureau of Investigation (FBI) for a 7370
national criminal history record check. The applicant shall pay 7371
the fee, not to exceed Fifty Dollars ($50.00), for the 7372
fingerprinting and criminal records background check; however, the 7373
State Department of Education, in its discretion, may pay the fee 7374
for the fingerprinting and criminal records background check on 7375
behalf of any applicant. Under no circumstances may a member of 7376
the State Board of Education, employee of the State Department of 7377
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 300 (aa\kr)

Education or any person other than the subject of the criminal 7378
records background check disseminate information received through 7379
any such checks except insofar as required to fulfill the purposes 7380
of this subsection. 7381
(b) If the fingerprinting or criminal records check 7382
discloses a * * * disqualifying crime as provided in the Fresh 7383
Start Act, the applicant is not eligible to be employed as a 7384
school attendance officer. Any employment of an applicant pending 7385
the results of the fingerprinting and criminal records check is 7386
voidable if the new hire receives a disqualifying criminal records 7387
check. However, the State Board of Education, in its discretion, 7388
may allow an applicant aggrieved by an employment decision under 7389
this subsection to appear before the board, or before a hearing 7390
officer designated for that purpose, to show mitigating 7391
circumstances that may exist and allow the new hire to be employed 7392
as a school attendance officer. The State Board of Education may 7393
grant waivers for mitigating circumstances, which may include, but 7394
are not necessarily limited to: (i) age at which the crime was 7395
committed; (ii) circumstances surrounding the crime; (iii) length 7396
of time since the conviction and criminal history since the 7397
conviction; (iv) work history; (v) current employment and 7398
character references; and (vi) other evidence demonstrating the 7399
ability of the person to perform the responsibilities of a school 7400
attendance officer competently and that the person does not pose a 7401
threat to the health or safety of children. 7402
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 301 (aa\kr)

(c) A member of the State Board of Education or 7403
employee of the State Department of Education may not be held 7404
liable in any employment discrimination suit in which an 7405
allegation of discrimination is made regarding an employment 7406
decision authorized under this section. 7407
(3) Each school attendance officer shall possess a college 7408
degree with a major in a behavioral science or a related field or 7409
shall have no less than three (3) years combined actual experience 7410
as a school teacher, school administrator, law enforcement officer 7411
possessing such degree, and/or social worker; however, these 7412
requirements shall not apply to persons employed as school 7413
attendance officers before January 1, 1987. School attendance 7414
officers also shall satisfy any additional requirements that may 7415
be established by the State Personnel Board for the position of 7416
school attendance officer. 7417
(4) It shall be the duty of each school attendance officer 7418
to: 7419
(a) Cooperate with any public agency to locate and 7420
identify all compulsory-school-age children who are not attending 7421
school; 7422
(b) Cooperate with all courts of competent 7423
jurisdiction; 7424
(c) Investigate all cases of nonattendance and unlawful 7425
absences by compulsory-school-age children not enrolled in a 7426
nonpublic school; 7427
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 302 (aa\kr)

(d) Provide appropriate counseling to encourage all 7428
school-age children to attend school until they have completed 7429
high school; 7430
(e) Attempt to secure the provision of social or 7431
welfare services that may be required to enable any child to 7432
attend school; 7433
(f) Contact the home or place of residence of a 7434
compulsory-school-age child and any other place in which the 7435
officer is likely to find any compulsory-school-age child when the 7436
child is absent from school during school hours without a valid 7437
written excuse from school officials, and when the child is found, 7438
the officer shall notify the parents and school officials as to 7439
where the child was physically located; 7440
(g) Contact promptly the home of each 7441
compulsory-school-age child in the school district within the 7442
officer's jurisdiction who is not enrolled in school or is not in 7443
attendance at public school and is without a valid written excuse 7444
from school officials; if no valid reason is found for the 7445
nonenrollment or absence from the school, the school attendance 7446
officer shall give written notice to the parent, guardian or 7447
custodian of the requirement for the child's enrollment or 7448
attendance; 7449
(h) Collect and maintain information concerning 7450
absenteeism, dropouts and other attendance-related problems, as 7451
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 303 (aa\kr)

may be required by law or the Office of Compulsory School 7452
Attendance Enforcement; and 7453
(i) Perform all other duties relating to compulsory 7454
school attendance established by the State Department of Education 7455
or district school attendance supervisor, or both. 7456
(5) While engaged in the performance of his duties, each 7457
school attendance officer shall carry on his person a badge 7458
identifying him as a school attendance officer under the Office of 7459
Compulsory School Attendance Enforcement of the State Department 7460
of Education and an identification card designed by the State 7461
Superintendent of Public Education and issued by the school 7462
attendance officer supervisor. Neither the badge nor the 7463
identification card shall bear the name of any elected public 7464
official. 7465
(6) The State Personnel Board shall develop a salary scale 7466
for school attendance officers as part of the variable 7467
compensation plan. The various pay ranges of the salary scale 7468
shall be based upon factors including, but not limited to, 7469
education, professional certification and licensure, and number of 7470
years of experience. School attendance officers shall be paid in 7471
accordance with this salary scale. The minimum salaries under the 7472
scale shall be no less than the following: 7473
(a) For school attendance officers holding a bachelor's 7474
degree or any other attendance officer who does not hold such a 7475
degree, the annual salary shall be based on years of experience as 7476
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 304 (aa\kr)

a school attendance officer or related field of service or 7477
employment, no less than as follows: 7478
Years of Experience Salary 7479
0 - 4 years $24,528.29 7480
5 - 8 years 26,485.29 7481
9 - 12 years 28,050.89 7482
13 - 16 years 29,616.49 7483
Over 17 years 31,182.09 7484
(b) For school attendance officers holding a license as 7485
a social worker, the annual salary shall be based on years of 7486
experience as a school attendance officer or related field of 7487
service or employment, no less than as follows: 7488
Years of Experience Salary 7489
0 - 4 years $25,558.29 7490
5 - 8 years 27,927.29 7491
9 - 12 years 29,822.49 7492
13 - 16 years 31,717.69 7493
17 - 20 years 33,612.89 7494
Over 21 years 35,415.39 7495
(c) For school attendance officers holding a master's 7496
degree in a behavioral science or a related field, the annual 7497
salary shall be based on years of experience as a school 7498
attendance officer or related field of service or employment, no 7499
less than as follows: 7500
Years of Experience Salary 7501
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 305 (aa\kr)

0 - 4 years $26,382.29 7502
5 - 8 years 29,008.79 7503
9 - 12 years 31,109.99 7504
13 - 16 years 33,211.19 7505
17 - 20 years 35,312.39 7506
Over 21 years 37,413.59 7507
(7) (a) Each school attendance officer employed by a 7508
district attorney on June 30, 1998, who became an employee of the 7509
State Department of Education on July 1, 1998, shall be awarded 7510
credit for personal leave and major medical leave for his 7511
continuous service as a school attendance officer under the 7512
district attorney, and if applicable, the youth or family court or 7513
a state agency. The credit for personal leave shall be in an 7514
amount equal to one-third (1/3) of the maximum personal leave the 7515
school attendance officer could have accumulated had he been 7516
credited with such leave under Section 25-3-93 during his 7517
employment with the district attorney, and if applicable, the 7518
youth or family court or a state agency. The credit for major 7519
medical leave shall be in an amount equal to one-half (1/2) of the 7520
maximum major medical leave the school attendance officer could 7521
have accumulated had he been credited with such leave under 7522
Section 25-3-95 during his employment with the district attorney, 7523
and if applicable, the youth or family court or a state agency. 7524
However, if a district attorney who employed a school attendance 7525
officer on June 30, 1998, certifies, in writing, to the State 7526
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 306 (aa\kr)

Department of Education that the school attendance officer had 7527
accumulated, pursuant to a personal leave policy or major medical 7528
leave policy lawfully adopted by the district attorney, a number 7529
of days of unused personal leave or major medical leave, or both, 7530
which is greater than the number of days to which the school 7531
attendance officer is entitled under this paragraph, the State 7532
Department of Education shall authorize the school attendance 7533
officer to retain the actual unused personal leave or major 7534
medical leave, or both, certified by the district attorney, 7535
subject to the maximum amount of personal leave and major medical 7536
leave the school attendance officer could have accumulated had he 7537
been credited with such leave under Sections 25-3-93 and 25-3-95. 7538
(b) For the purpose of determining the accrual rate for 7539
personal leave under Section 25-3-93 and major medical leave under 7540
Section 25-3-95, the State Department of Education shall give 7541
consideration to all continuous service rendered by a school 7542
attendance officer before July 1, 1998, in addition to the service 7543
rendered by the school attendance officer as an employee of the 7544
department. 7545
(c) In order for a school attendance officer to be 7546
awarded credit for personal leave and major medical leave or to 7547
retain the actual unused personal leave and major medical leave 7548
accumulated by him before July 1, 1998, the district attorney who 7549
employed the school attendance officer must certify, in writing, 7550
to the State Department of Education the hire date of the school 7551
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 307 (aa\kr)

attendance officer. For each school attendance officer employed 7552
by the youth or family court or a state agency before being 7553
designated an employee of the district attorney who has not had a 7554
break in continuous service, the hire date shall be the date that 7555
the school attendance officer was hired by the youth or family 7556
court or state agency. The department shall prescribe the date by 7557
which the certification must be received by the department and 7558
shall provide written notice to all district attorneys of the 7559
certification requirement and the date by which the certification 7560
must be received. 7561
(8) (a) School attendance officers shall maintain regular 7562
office hours on a year-round basis; however, during the school 7563
term, on those days that teachers in all of the school districts 7564
served by a school attendance officer are not required to report 7565
to work, the school attendance officer also shall not be required 7566
to report to work. (For purposes of this subsection, a school 7567
district's school term is that period of time identified as the 7568
school term in contracts entered into by the district with 7569
licensed personnel.) A school attendance officer shall be 7570
required to report to work on any day recognized as an official 7571
state holiday if teachers in any school district served by that 7572
school attendance officer are required to report to work on that 7573
day, regardless of the school attendance officer's status as an 7574
employee of the State Department of Education, and compensatory 7575
leave may not be awarded to the school attendance officer for 7576
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 308 (aa\kr)

working during that day. However, a school attendance officer may 7577
be allowed by the school attendance officer's supervisor to use 7578
earned leave on such days. 7579
(b) The State Department of Education annually shall 7580
designate a period of six (6) consecutive weeks in the summer 7581
between school years during which school attendance officers shall 7582
not be required to report to work. A school attendance officer 7583
who elects to work at any time during that period may not be 7584
awarded compensatory leave for such work and may not opt to be 7585
absent from work at any time other than during the six (6) weeks 7586
designated by the department unless the school attendance officer 7587
uses personal leave or major medical leave accrued under Section 7588
25-3-93 or 25-3-95 for such absence. 7589
(9) The State Department of Education shall provide all 7590
continuing education and training courses that school attendance 7591
officers are required to complete under state law or rules and 7592
regulations of the department. 7593
SECTION 96. Section 37-9-17, Mississippi Code of 1972, is 7594
amended as follows: 7595
37-9-17. (1) On or before April 1 of each year, the 7596
principal of each school shall recommend to the superintendent of 7597
the local school district the licensed employees or 7598
noninstructional employees to be employed for the school involved 7599
except those licensed employees or noninstructional employees who 7600
have been previously employed and who have a contract valid for 7601
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 309 (aa\kr)

the ensuing scholastic year. If such recommendations meet with 7602
the approval of the superintendent, the superintendent shall 7603
recommend the employment of such licensed employees or 7604
noninstructional employees to the local school board, and, unless 7605
good reason to the contrary exists, the board shall elect the 7606
employees so recommended. If, for any reason, the local school 7607
board shall decline to elect any employee so recommended, 7608
additional recommendations for the places to be filled shall be 7609
made by the principal to the superintendent and then by the 7610
superintendent to the local school board as provided above. The 7611
school board of any local school district shall be authorized to 7612
designate a personnel supervisor or another principal employed by 7613
the school district to recommend to the superintendent licensed 7614
employees or noninstructional employees; however, this 7615
authorization shall be restricted to no more than two (2) 7616
positions for each employment period for each school in the local 7617
school district. Any noninstructional employee employed upon the 7618
recommendation of a personnel supervisor or another principal 7619
employed by the local school district must have been employed by 7620
the local school district at the time the superintendent was 7621
elected or appointed to office; a noninstructional employee 7622
employed under this authorization may not be paid compensation in 7623
excess of the statewide average compensation for such 7624
noninstructional position with comparable experience, as 7625
established by the State Department of Education. The school 7626
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 310 (aa\kr)

board of any local school district shall be authorized to 7627
designate a personnel supervisor or another principal employed by 7628
the school district to accept the recommendations of principals or 7629
their designees for licensed employees or noninstructional 7630
employees and to transmit approved recommendations to the local 7631
school board; however, this authorization shall be restricted to 7632
no more than two (2) positions for each employment period for each 7633
school in the local school district. 7634
When the licensed employees have been elected as provided in 7635
the preceding paragraph, the superintendent of the district shall 7636
enter into a contract with such persons in the manner provided in 7637
this chapter. 7638
If, at the commencement of the scholastic year, any licensed 7639
employee shall present to the superintendent a license of a higher 7640
grade than that specified in such individual's contract, such 7641
individual may, if funds are available from the total funding 7642
formula funds of the district as provided for in Sections 7643
37-151-200 through 37-151-215, or from district funds, be paid 7644
from such funds the amount to which such higher grade license 7645
would have entitled the individual, had the license been held at 7646
the time the contract was executed. 7647
(2) Superintendents/directors of schools under the purview 7648
of the State Board of Education, the superintendent of the local 7649
school district and any private firm under contract with the local 7650
public school district to provide substitute teachers to teach 7651
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 311 (aa\kr)

during the absence of a regularly employed schoolteacher shall 7652
require, through the appropriate governmental authority, that 7653
current criminal records background checks and current child abuse 7654
registry checks are obtained, and that such criminal record 7655
information and registry checks are on file for any new hires 7656
applying for employment as a licensed or nonlicensed employee at a 7657
school and not previously employed in such school under the 7658
purview of the State Board of Education or at such local school 7659
district prior to July 1, 2000. In order to determine the 7660
applicant's suitability for employment, the applicant shall be 7661
fingerprinted. If no disqualifying record is identified at the 7662
state level, the fingerprints shall be forwarded by the Department 7663
of Public Safety to the Federal Bureau of Investigation for a 7664
national criminal history record check. The fee for such 7665
fingerprinting and criminal history record check shall be paid by 7666
the applicant, not to exceed Fifty Dollars ($50.00); however, the 7667
State Board of Education, the school board of the local school 7668
district or a private firm under contract with a local school 7669
district to provide substitute teachers to teach during the 7670
temporary absence of the regularly employed schoolteacher, in its 7671
discretion, may elect to pay the fee for the fingerprinting and 7672
criminal history record check on behalf of any applicant. Under 7673
no circumstances shall a member of the State Board of Education, 7674
superintendent/director of schools under the purview of the State 7675
Board of Education, local school district superintendent, local 7676
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 312 (aa\kr)

school board member or any individual other than the subject of 7677
the criminal history record checks disseminate information 7678
received through any such checks except insofar as required to 7679
fulfill the purposes of this section. Any nonpublic school which 7680
is accredited or approved by the State Board of Education may 7681
avail itself of the procedures provided for herein and shall be 7682
responsible for the same fee charged in the case of local public 7683
schools of this state. The determination whether the applicant 7684
has a disqualifying crime, as set forth in subsection (3) of this 7685
section, shall be made by the appropriate governmental authority, 7686
and the appropriate governmental authority shall notify the 7687
private firm whether a disqualifying crime exists. 7688
(3) If such fingerprinting or criminal record checks 7689
disclose a * * * disqualifying crime as provided in the Fresh 7690
Start Act, the new hire shall not be eligible to be employed at 7691
such school. Any employment contract for a new hire executed by 7692
the superintendent of the local school district or any employment 7693
of a new hire by a superintendent/director of a new school under 7694
the purview of the State Board of Education or by a private firm 7695
shall be voidable if the new hire receives a disqualifying 7696
criminal record check. However, the State Board of Education or 7697
the school board may, in its discretion, allow any applicant 7698
aggrieved by the employment decision under this section to appear 7699
before the respective board, or before a hearing officer 7700
designated for such purpose, to show mitigating circumstances 7701
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 313 (aa\kr)

which may exist and allow the new hire to be employed at the 7702
school. The State Board of Education or local school board may 7703
grant waivers for such mitigating circumstances, which shall 7704
include, but not be limited to: (a) age at which the crime was 7705
committed; (b) circumstances surrounding the crime; (c) length of 7706
time since the conviction and criminal history since the 7707
conviction; (d) work history; (e) current employment and character 7708
references; (f) other evidence demonstrating the ability of the 7709
person to perform the employment responsibilities competently and 7710
that the person does not pose a threat to the health or safety of 7711
the children at the school. 7712
(4) No local school district, local school district 7713
employee, member of the State Board of Education or employee of a 7714
school under the purview of the State Board of Education shall be 7715
held liable in any employment discrimination suit in which an 7716
allegation of discrimination is made regarding an employment 7717
decision authorized under this Section 37-9-17. 7718
(5) The provisions of this section shall be fully applicable 7719
to licensed employees of the Mississippi School of the Arts (MSA), 7720
established in Section 37-140-3. 7721
SECTION 97. Section 37-29-232, Mississippi Code of 1972, is 7722
amended as follows: 7723
37-29-232. (1) For the purposes of this section: 7724
(a) "Health care professional/vocational technical 7725
academic program" means an academic program in medicine, nursing, 7726
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 314 (aa\kr)

dentistry, occupational therapy, physical therapy, social 7727
services, nutrition services, speech therapy, or other 7728
allied-health professional whose purpose is to prepare 7729
professionals to render patient care services. 7730
(b) "Health care professional/vocational technical 7731
student" means a student enrolled in a health care 7732
professional/vocational technical academic program. 7733
(2) The dean or director of the health care 7734
professional/vocational technical academic program is authorized 7735
to ensure that criminal history record checks and fingerprinting 7736
are obtained on their students before the students begin any 7737
clinical rotation in a licensed health care entity and that the 7738
criminal history record check information and registry checks are 7739
on file at the academic institution. In order to determine the 7740
student's suitability for the clinical rotation, the student shall 7741
be fingerprinted. If no disqualifying record is identified at the 7742
state level, the fingerprints shall be forwarded by the Department 7743
of Public Safety, the Department of Health, or any other legally 7744
authorized entity to the FBI for a national criminal history 7745
record check. The fee for the fingerprinting and criminal history 7746
record check shall be paid by the applicant, not to exceed Fifty 7747
Dollars ($50.00); however, the academic institution in which the 7748
student is enrolled, in its discretion, may elect to pay the fee 7749
for the fingerprinting and criminal history record check on behalf 7750
of any applicant. Under no circumstances shall the academic 7751
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 315 (aa\kr)

institution representative or any individual other than the 7752
subject of the criminal history record checks disseminate 7753
information received through any such checks except insofar as 7754
required to fulfill the purposes of this section. 7755
(3) If the fingerprinting or criminal history record checks 7756
disclose a * * * disqualifying crime as provided in the Fresh 7757
Start Act, the student shall not be eligible to be admitted to the 7758
health care professional/vocational technical academic program of 7759
study. Any preadmission agreement executed by the health care 7760
professional/vocational technical academic program shall be 7761
voidable if the student receives a disqualifying criminal history 7762
record check. However, the administration of the health care 7763
professional/vocational technical academic program may, in its 7764
discretion, allow any applicant aggrieved by the admissions 7765
decision under this section to appear before an appeals committee 7766
or before a hearing officer designated for that purpose, to show 7767
mitigating circumstances that may exist and allow the student to 7768
be admitted to or continue in the program of study. The health 7769
care professional/vocational technical academic program may grant 7770
waivers for those mitigating circumstances, which shall include, 7771
but not be limited to: (a) age at which the crime was committed; 7772
(b) circumstances surrounding the crime; (c) length of time since 7773
the conviction and criminal history since the conviction; (d) work 7774
history; (e) current employment and character references; (f) 7775
other evidence demonstrating the ability of the student to perform 7776
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 316 (aa\kr)

the clinical responsibilities competently and that the student 7777
does not pose a threat to the health or safety of patients in the 7778
licensed health care entities in which they will be conducting 7779
clinical experiences. The health care professional/vocational 7780
technical academic program shall provide assurance to the licensed 7781
health care entity in which the clinical rotation is planned that 7782
the results of a health care professional/vocational technical 7783
student's criminal history record check would not prohibit the 7784
student from being able to conduct his or her clinical activities 7785
in the facility, institution, or organization. The criminal 7786
history record check shall be valid for the course of academic 7787
study, provided that annual disclosure statements are provided to 7788
the health care professional/vocational technical academic program 7789
regarding any criminal activity that may have occurred during the 7790
student's tenure with the health care professional/vocational 7791
technical academic program. The criminal history record check may 7792
be repeated at the discretion of the health care 7793
professional/vocational technical academic program based on 7794
information obtained during the annual disclosure statements. In 7795
extenuating circumstances, if a criminal history record check is 7796
initiated and the results are not available at the time the 7797
clinical rotation begins, the academic institution in which the 7798
student is enrolled, at its discretion, may require a signed 7799
affidavit from the student assuring compliance with this section. 7800
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 317 (aa\kr)

The affidavit will be considered void within sixty (60) days of 7801
its signature. 7802
(4) Criminal history record checks that are done as part of 7803
the requirements for participation in the health care 7804
professional/vocational technical academic program may not be used 7805
for any other purpose than those activities associated with their 7806
program of study. Students who may be employed as health care 7807
professionals outside of their program of study may be required to 7808
obtain additional criminal history record checks as part of their 7809
employment agreement. 7810
(5) No health care professional/vocational technical 7811
academic program or academic program employee shall be held liable 7812
in any admissions discrimination suit in which an allegation of 7813
discrimination is made regarding an admissions decision authorized 7814
under this section. 7815
SECTION 98. Section 73-3-41, Mississippi Code of 1972, is 7816
amended as follows: 7817
73-3-41. Every person who has been or shall hereafter be 7818
convicted of * * * a disqualifying crime as provided in the Fresh 7819
Start Act in a court of this or any other state or a court of the 7820
United States, manslaughter or a violation of the Internal Revenue 7821
Code excepted, shall be incapable of obtaining a license to 7822
practice law. Any court of the State of Mississippi in which a 7823
licensed attorney shall have been convicted of a * * * 7824
disqualifying crime as provided in the Fresh Start Act, other than 7825
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 318 (aa\kr)

manslaughter or a violation of the Internal Revenue Code, shall 7826
enter an order disbarring the attorney. 7827
SECTION 99. Section 73-4-25, Mississippi Code of 1972, is 7828
amended as follows: 7829
73-4-25. (1) The commission may refuse to issue or renew a 7830
license, place a licensee on probation or administrative 7831
supervision, suspend or revoke any license, or may reprimand or 7832
take any other action in relation to a license, including the 7833
imposition of a fine not to exceed Five Thousand Dollars 7834
($5,000.00) for each violation upon a licensee, or applicant for 7835
licensure, under this chapter for any of the following reasons: 7836
(a) Knowingly filing or causing to be filed a false 7837
application. 7838
(b) Failure to enter into a written contract with a 7839
seller or consignor prior to placing or permitting advertising for 7840
an auction sale to be placed. 7841
(c) Failure by the licensee to give the seller or 7842
consignor a signed receipt for items received for sale at auction, 7843
either by item or lot number at the time the goods are received, 7844
unless the goods are to remain in the possession of the seller or 7845
consignor. 7846
(d) Failure to give the seller or consignor a statement 7847
or lot description, selling price, purchaser's identity and the 7848
net proceeds due to the seller or consignor. 7849
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 319 (aa\kr)

(e) Failure to place funds received from an auction 7850
sale in an escrow or trust account, and failure to make timely 7851
settlement on escrowed funds. Absent a written agreement to the 7852
contrary, five (5) business days shall be deemed timely for 7853
settlement on personal property. 7854
(f) Permitting an unlicensed auctioneer to call for 7855
bids in an auction sale. 7856
(g) Having been convicted of or pled guilty to a * * * 7857
disqualifying crime as provided in the Fresh Start Act in the 7858
courts of this state or any other state, territory or country. 7859
Conviction, as used in this paragraph, shall include a deferred 7860
conviction, deferred prosecution, deferred sentence, finding or 7861
verdict of guilt, an admission of guilt or a plea of nolo 7862
contendere. 7863
(h) Any course of intentional, willful or wanton 7864
conduct by a licensee or such licensee's employees which misleads 7865
or creates a false impression among the seller, buyer, bidders and 7866
the auctioneer in the advertising, conducting and closing of an 7867
auction sale. 7868
(i) A continued and flagrant course of 7869
misrepresentation or making false promises, either by the 7870
licensee, an employee of the licensee, or by someone acting on 7871
behalf of and with the licensee's consent. 7872
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 320 (aa\kr)

(j) Any failure to account for or to pay over within a 7873
reasonable time funds belonging to another which have come into 7874
the licensee's possession through an auction sale. 7875
(k) Any false, misleading or untruthful advertising. 7876
(l) Any act of conduct in connection with a sales 7877
transaction which demonstrates bad faith or dishonesty. 7878
(m) Knowingly using false bidders, cappers or pullers, 7879
or knowingly making a material false statement or representation. 7880
(n) Commingling the funds or property of a client with 7881
the licensee's own or failing to maintain and deposit in a trust 7882
or escrow account in an insured bank or savings and loan 7883
association located in Mississippi funds received for another 7884
person through sale at auction. 7885
(o) Failure to give full cooperation to the commission 7886
and/or its designees, agents or other representatives in the 7887
performance of official duties of the commission. Such failure to 7888
cooperate includes, but is not limited to: 7889
(i) Failure to properly make any disclosures or to 7890
provide documents or information required by this chapter or by 7891
the commission; 7892
(ii) Not furnishing, in writing, a full and 7893
complete explanation covering the matter contained in a complaint 7894
filed with the commission; 7895
(iii) Failure, without good cause, to cooperate 7896
with any request by the board to appear before it; 7897
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 321 (aa\kr)

(iv) Not providing access, as directed by the 7898
commission, for its authorized agents or representatives seeking 7899
to perform reviews, audits or inspections at facilities or places 7900
utilized by the license holder in the auction business; 7901
(v) Failure to provide information within the 7902
specified time allotted and as required by the board and/or its 7903
representatives or designees; 7904
(vi) Failure to cooperate with the board or its 7905
designees or representatives in the investigation of any alleged 7906
misconduct or willfully interfering with a board investigation. 7907
(p) A demonstrated lack of financial responsibility. 7908
(q) Having had a license for the practice of 7909
auctioneering or the auction business suspended or revoked in any 7910
jurisdiction, having voluntarily surrendered a license in any 7911
jurisdiction, having been placed on probation in any jurisdiction, 7912
having been placed under disciplinary order(s) or other 7913
restriction in any manner for auctioneering or the auction 7914
business (a certified copy of the order of suspension, revocation, 7915
probation or disciplinary action shall be prima facie evidence of 7916
such action). 7917
(r) Any violation of this chapter or any violation of a 7918
rule or regulation duly adopted by the commission. 7919
(2) In addition to the acts specified in subsection (1) of 7920
this section, the commission shall be authorized to suspend the 7921
license of any licensee for being out of compliance with an order 7922
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 322 (aa\kr)

for support, as defined in Section 93-11-153. The procedure for 7923
suspension of a license for being out of compliance with an order 7924
for support, and the procedure for the reissuance or reinstatement 7925
of a license suspended for that purpose, and the payment of any 7926
fees for the reissuance or reinstatement of a license suspended 7927
for that purpose, shall be governed by Section 93-11-157 or 7928
93-11-163. If there is any conflict between any provision of 7929
Section 93-11-157 or 93-11-163 and any provision of this chapter, 7930
the provisions of Section 93-11-157 or 93-11-163, as the case may 7931
be, shall control. 7932
SECTION 100. Section 73-6-19, Mississippi Code of 1972, is 7933
amended as follows: 7934
73-6-19. (1) The board shall refuse to grant a certificate 7935
of licensure to any applicant or may cancel, revoke or suspend the 7936
certificate upon the finding of any of the following facts 7937
regarding the applicant or licensed practitioner: 7938
(a) Failure to comply with the rules and regulations 7939
adopted by the State Board of Chiropractic Examiners; 7940
(b) Violation of any of the provisions of this chapter 7941
or any of the rules and regulations of the State Board of Health 7942
pursuant to this chapter with regard to the operation and use of 7943
x-rays; 7944
(c) Fraud or deceit in obtaining a license; 7945
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 323 (aa\kr)

(d) Addiction to the use of alcohol, narcotic drugs, or 7946
anything which would seriously interfere with the competent 7947
performance of his professional duties; 7948
(e) Conviction by a court of competent jurisdiction of 7949
a * * * disqualifying crime as provided in the Fresh Start Act; 7950
(f) Unprofessional and unethical conduct; 7951
(g) Contraction of a contagious disease which may be 7952
carried for a prolonged period; 7953
(h) Failure to report to the Mississippi Department of 7954
Human Services or the county attorney any case wherein there are 7955
reasonable grounds to believe that a child or vulnerable adult has 7956
been abused by its parent or person responsible for such person's 7957
welfare; 7958
(i) Advising a patient to use drugs, prescribing or 7959
providing drugs for a patient, or advising a patient not to use a 7960
drug prescribed by a licensed physician or dentist; 7961
(j) Professional incompetency in the practice of 7962
chiropractic; 7963
(k) Having disciplinary action taken by his peers 7964
within any professional chiropractic association or society; 7965
(l) Offering to accept or accepting payment for 7966
services rendered by assignment from any third-party payor after 7967
offering to accept or accepting whatever the third-party payor 7968
covers as payment in full, if the effect of the offering or 7969
acceptance is to eliminate or give the impression of eliminating 7970
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 324 (aa\kr)

the need for payment by an insured of any required deductions 7971
applicable in the policy of the insured; 7972
(m) Associating his practice with any chiropractor who 7973
does not hold a valid chiropractic license in Mississippi, or 7974
teach chiropractic manipulation to nonqualified persons under 7975
Section 73-6-13; 7976
(n) Failure to make payment on chiropractic student 7977
loans; 7978
(o) Failure to follow record-keeping requirements 7979
prescribed in Section 73-6-18; 7980
(p) If the practitioner is certified to provide animal 7981
chiropractic treatment, failure to follow guidelines approved by 7982
the Mississippi Board of Veterinary Medicine; or 7983
(q) Violation(s) of the provisions of Sections 41-121-1 7984
through 41-121-9 relating to deceptive advertisement by health 7985
care practitioners. 7986
(2) Any holder of such certificate or any applicant therefor 7987
against whom is preferred any of the designated charges shall be 7988
furnished a copy of the complaint and shall receive a formal 7989
hearing in Jackson, Mississippi, before the board, at which time 7990
he may be represented by counsel and examine witnesses. The board 7991
is authorized to administer oaths as may be necessary for the 7992
proper conduct of any such hearing. In addition, the board is 7993
authorized and empowered to issue subpoenas for the attendance of 7994
witnesses and the production of books and papers. The process 7995
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 325 (aa\kr)

issued by the board shall extend to all parts of the state. Where 7996
in any proceeding before the board any witness shall fail or 7997
refuse to attend upon subpoena issued by the board, shall refuse 7998
to testify, or shall refuse to produce any books and papers, the 7999
production of which is called for by the subpoena, the attendance 8000
of such witness and the giving of his testimony and the production 8001
of the books and papers shall be enforced by any court of 8002
competent jurisdiction of this state in the manner provided for 8003
the enforcement of attendance and testimony of witnesses in civil 8004
cases in the courts of this state. 8005
(3) In addition to any other investigators the board 8006
employs, the board shall appoint one or more licensed 8007
chiropractors to act for the board in investigating the conduct 8008
relating to the competency of a chiropractor, whenever 8009
disciplinary action is being considered for professional 8010
incompetence and unprofessional conduct. 8011
(4) Whenever the board finds any person unqualified to 8012
practice chiropractic because of any of the grounds set forth in 8013
subsection (1) of this section, after a hearing has been conducted 8014
as prescribed by this section, the board may enter an order 8015
imposing one or more of the following: 8016
(a) Deny his application for a license or other 8017
authorization to practice chiropractic; 8018
(b) Administer a public or private reprimand; 8019
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 326 (aa\kr)

(c) Suspend, limit or restrict his license or other 8020
authorization to practice chiropractic for up to five (5) years; 8021
(d) Revoke or cancel his license or other authorization 8022
to practice chiropractic; 8023
(e) Require him to submit to care, counseling or 8024
treatment by physicians or chiropractors designated by the board, 8025
as a condition for initial, continued or renewal of licensure or 8026
other authorization to practice chiropractic; 8027
(f) Require him to participate in a program of 8028
education prescribed by the board; or 8029
(g) Require him to practice under the direction of a 8030
chiropractor designated by the board for a specified period of 8031
time. 8032
(5) Any person whose application for a license or whose 8033
license to practice chiropractic has been cancelled, revoked or 8034
suspended by the board within thirty (30) days from the date of 8035
such final decision shall have the right of a de novo appeal to 8036
the circuit court of his county of residence or the Circuit Court 8037
of the First Judicial District of Hinds County, Mississippi. If 8038
there is an appeal, such appeal may, in the discretion of and on 8039
motion to the circuit court, act as a supersedeas. The circuit 8040
court shall dispose of the appeal and enter its decision promptly. 8041
The hearing on the appeal may, in the discretion of the circuit 8042
judge, be tried in vacation. Either party shall have the right of 8043
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 327 (aa\kr)

appeal to the Supreme Court as provided by law from any decision 8044
of the circuit court. 8045
(6) In a proceeding conducted under this section by the 8046
board for the revocation, suspension or cancellation of a license 8047
to practice chiropractic, after a hearing has been conducted as 8048
prescribed by this section, the board shall have the power and 8049
authority for the grounds stated in subsection (1) of this 8050
section, with the exception of paragraph (c) thereof, to assess 8051
and levy upon any person licensed to practice chiropractic in the 8052
state a monetary penalty in lieu of such revocation, suspension or 8053
cancellation, as follows: 8054
(a) For the first violation, a monetary penalty of not 8055
less than Five Hundred Dollars ($500.00) nor more than One 8056
Thousand Dollars ($1,000.00) for each violation. 8057
(b) For the second and each subsequent violation, a 8058
monetary penalty of not less than One Thousand Dollars ($1,000.00) 8059
nor more than Two Thousand Five Hundred Dollars ($2,500.00) for 8060
each violation. 8061
The power and authority of the board to assess and levy such 8062
monetary penalties under this section shall not be affected or 8063
diminished by any other proceeding, civil or criminal, concerning 8064
the same violation or violations. A licensee shall have the right 8065
of appeal from the assessment and levy of a monetary penalty as 8066
provided in this section to the circuit court under the same 8067
conditions as a right of appeal is provided for in this section 8068
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 328 (aa\kr)

for appeals from an adverse ruling, or order, or decision of the 8069
board. Any monetary penalty assessed and levied under this 8070
section shall not take effect until after the time for appeal has 8071
expired, and an appeal of the assessment and levy of such a 8072
monetary penalty shall act as a supersedeas. 8073
(7) In addition to the grounds specified in subsection (1) 8074
of this section, the board shall be authorized to suspend the 8075
license of any licensee for being out of compliance with an order 8076
for support, as defined in Section 93-11-153. The procedure for 8077
suspension of a license for being out of compliance with an order 8078
for support, and the procedure for the reissuance or reinstatement 8079
of a license suspended for that purpose, and the payment of any 8080
fees for the reissuance or reinstatement of a license suspended 8081
for that purpose, shall be governed by Section 93-11-157 or 8082
93-11-163, as the case may be. Actions taken by the board in 8083
suspending a license when required by Section 93-11-157 or 8084
93-11-163 are not actions from which an appeal may be taken under 8085
this section. Any appeal of a license suspension that is required 8086
by Section 93-11-157 or 93-11-163 shall be taken in accordance 8087
with the appeal procedure specified in Section 93-11-157 or 8088
93-11-163, as the case may be, rather than the procedure specified 8089
in this section. If there is any conflict between any provision 8090
of Section 93-11-157 or 93-11-163 and any provision of this 8091
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 8092
case may be, shall control. 8093
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 329 (aa\kr)

SECTION 101. Section 73-7-27, Mississippi Code of 1972, is 8094
amended as follows: 8095
73-7-27. (1) Any complaint may be filed with the board by a 8096
member or agent of the board or by any person charging any 8097
licensee of the board with the commission of any of the offenses 8098
enumerated in subsection (2) of this section. Such complaint 8099
shall be in writing, signed by the accuser or accusers, and 8100
verified under oath, and such complaints shall be investigated as 8101
set forth in Section 73-7-7. After the investigation, the board 8102
may dismiss the complaint if the board, through its administrative 8103
review agents, determines that there is not substantial 8104
justification to believe that the accused licensee has committed 8105
any of the offenses enumerated or, the board may prepare a formal 8106
complaint proceeding against the licensee as hereinafter provided. 8107
When used with reference to any complaint filed against a licensee 8108
herein, the term "not substantial justification" means a complaint 8109
that is frivolous, groundless in fact or law, or vexatious, as 8110
determined by unanimous vote of the board. In the event of a 8111
dismissal, the person filing the accusation and the accused 8112
licensee shall be given written notice of the board's 8113
determination. If the board determines there is reasonable cause 8114
to believe the accused has committed any of those offenses, the 8115
secretary of the board or the executive director shall give 8116
written notice of such determination to the accused licensee and 8117
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 330 (aa\kr)

set a day for a hearing as provided in subsection (3) of this 8118
section. 8119
(2) The board shall have the power to revoke, suspend or 8120
refuse to issue or renew any license or certificate provided for 8121
in this chapter, and to fine, place on probation and/or otherwise 8122
discipline an applicant, student, licensee or holder of a 8123
certificate, upon proof that such person: (a) has not complied 8124
with or has violated any of the rules and regulations promulgated 8125
by the board; (b) has not complied with an order, decision, or 8126
ruling of the board; (c) has committed fraud or dishonest conduct 8127
in the taking of the examination herein provided for; (d) has been 8128
convicted of a * * * disqualifying crime as provided in the Fresh 8129
Start Act; (e) has committed grossly unprofessional or dishonest 8130
conduct; (f) is addicted to the excessive use of intoxicating 8131
liquors or to the use of drugs to such an extent as to render him 8132
or her unfit to practice in any of the practices or occupations 8133
set forth in this chapter; (g) has advertised by means of 8134
knowingly false or deceptive statements; (h) has failed to display 8135
the license or certificate issued to him or her as provided for in 8136
this chapter; or (i) has been convicted of violating any of the 8137
provisions of this chapter. A conviction of violating any of the 8138
provisions of this chapter shall be grounds for automatic 8139
suspension of the license or certificate of such person. 8140
(3) (a) The board shall not revoke, suspend or refuse to 8141
issue or renew any license or certificate, or fine, place on 8142
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 331 (aa\kr)

probation or otherwise discipline any applicant, licensee or 8143
holder of a certificate in a disciplinary matter except after a 8144
hearing of which the applicant or licensee or holder of the 8145
certificate affected shall be given at least twenty (20) days' 8146
notice in writing, specifying the reason or reasons for denying 8147
the applicant a license or certificate of registration, or in the 8148
case of any other disciplinary action, the offense or offenses of 8149
which the licensee or holder of a certificate of registration is 8150
charged. Such notice may be served by mailing a copy thereof by 8151
United States first-class certified mail, postage prepaid, to the 8152
last-known residence or business address of such applicant, 8153
licensee or holder of a certificate. The hearing on such charges 8154
shall be at such time and place as the board may prescribe. The 8155
provisions of this paragraph (a) shall not apply to the board's 8156
collection of a civil penalty or fine imposed by the board under 8157
paragraph (b) of this subsection. 8158
(b) Any civil penalty or fine imposed by the board 8159
under this chapter resulting from an inspection or audit shall 8160
become due and payable when the applicant, licensee or holder of a 8161
certificate incurring the penalty receives a notice in writing 8162
from the board of the penalty. The notice shall be sent by 8163
registered or certified mail or by personal service. The person 8164
to whom the notice is addressed shall have thirty (30) days from 8165
the date of the notice in which to make written application for a 8166
hearing. Any person who makes the application for a hearing shall 8167
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 332 (aa\kr)

be entitled to a hearing. The hearing shall be conducted as a 8168
contested case hearing. When an order assessing a civil penalty 8169
under this section becomes final by operation of law or on appeal, 8170
unless the amount of penalty is paid within thirty (30) days after 8171
the order becomes final, it may be recorded with the circuit clerk 8172
in any county of this state. The clerk shall then record the name 8173
of the person incurring the penalty and the amount of the penalty 8174
in his lien record book. 8175
(c) The board may temporarily suspend a license under 8176
this chapter without any hearing, simultaneously with the 8177
institution of proceedings under this section, if it finds that 8178
the evidence in support of the board's determination is clear, 8179
competent and unequivocal that the licensee's continuation in 8180
practice would constitute an imminent danger to public health and 8181
safety. 8182
(4) At such hearings, all witnesses shall be sworn by a 8183
court reporter, and stenographic notes of the proceedings shall be 8184
taken. Any party to the proceedings, at the request of such 8185
party, shall be furnished with a copy of such stenographic notes 8186
upon payment to the board of such fees as it shall prescribe, not 8187
exceeding, however, the actual costs of transcription. 8188
(5) The board is authorized and empowered to issue 8189
subpoenas for the attendance of witnesses and the production of 8190
books and papers. The process issued by the board shall extend to 8191
all parts of the state and such process shall be served by any 8192
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 333 (aa\kr)

person designated by the board for such service. The person 8193
serving such process shall receive such compensation as may be 8194
allowed by the board, not to exceed the fee prescribed by law for 8195
similar services. All witnesses who shall be subpoenaed, and who 8196
shall appear in any proceedings before the board, shall receive 8197
the same fees and mileage as allowed by law. 8198
(6) Where in any proceeding before the board any witness 8199
shall fail or refuse to attend upon subpoena issued by the board, 8200
shall refuse to testify, or shall refuse to produce any books and 8201
papers, the production of which is called for by the subpoena, the 8202
attendance of such witness and the giving of his testimony and the 8203
production of the books and papers shall be enforced by any court 8204
of competent jurisdiction of this state, in the same manner as are 8205
enforced for the attendance and testimony of witnesses in civil 8206
cases in the courts of this state. 8207
(7) The board shall conduct the hearing in an orderly and 8208
continuous manner, granting continuances only when the ends of 8209
justice may be served. The board shall, within sixty (60) days 8210
after conclusion of the hearing, reduce its decision to writing 8211
and forward an attested true copy thereof to the last-known 8212
residence or business address of such applicant, licensee or 8213
holder of a certificate, by way of United States first-class 8214
certified mail, postage prepaid. 8215
(8) Any and all parties to the hearing shall have the right 8216
of appeal from an adverse ruling, or order, or decision of the 8217
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 334 (aa\kr)

board to the Chancery Court of the First Judicial District of 8218
Hinds County, Mississippi, upon forwarding notice of appeal to the 8219
board within thirty (30) days after the decision of the board is 8220
mailed in the manner here contemplated. The appellant shall, 8221
together with the notice of appeal, first pay the costs for the 8222
transcription of the record of the hearing(s) and proceeding(s) 8223
before the board in which the adverse ruling, order or decision of 8224
the board was made. Any fine imposed by the board under the 8225
provisions of this chapter shall not take effect until after the 8226
time for appeal has expired, and an appeal of the imposition of 8227
such a fine shall act as a supersedeas bond. The appeal shall 8228
thereupon be heard in due course by the court, which shall review 8229
the record and make its determination thereon. 8230
(9) The board, in its discretion, may assess and charge any 8231
part or all of the costs of any disciplinary proceedings conducted 8232
under this section against the accused if the accused is found 8233
guilty of the charges. 8234
(10) Any fine imposed by the board upon a licensee or holder 8235
of a certificate shall be in accordance with the following class 8236
designation of fines: 8237
(a) Class A - No violations or the violations are minor 8238
health and safety violations that are detrimental to public safety 8239
and welfare. Violations under this class shall be set at no less 8240
than Fifty Dollars ($50.00) but no more than Two Hundred Dollars 8241
($200.00); 8242
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 335 (aa\kr)

(b) Class B - Class B violations are major health and 8243
safety concerns that are detrimental to public safety and welfare 8244
and shall be set at no less than Two Hundred Fifty Dollars 8245
($250.00) but no more than Seven Hundred Fifty Dollars ($750.00); 8246
(c) Class C - Class C violations shall be set at no 8247
less than Eight Hundred Dollars ($800.00) but no more than One 8248
Thousand Dollars ($1,000.00) and are violations specific to the 8249
following: 8250
(i) Unlicensed practice or the use of fraudulent 8251
statements to obtain any benefits or privileges under this chapter 8252
or practicing one (1) of the professions regulated by the board 8253
without a license. These violations will be handled in accordance 8254
with the requirements of Section 73-7-27 or Section 73-7-37 when 8255
applicable; and 8256
(ii) Extremely dangerous to the health and safety 8257
of the public. 8258
The power and authority of the board to impose such fines 8259
under this section shall not be affected or diminished by any 8260
other proceeding, civil or criminal, concerning the same violation 8261
or violations. 8262
(11) In addition to the reasons specified in subsection (2) 8263
of this section, the board shall be authorized to suspend the 8264
license of any licensee for being out of compliance with an order 8265
for support, as defined in Section 93-11-153. The procedure for 8266
suspension of a license for being out of compliance with an order 8267
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 336 (aa\kr)

for support, and the procedure for the reissuance or reinstatement 8268
of a license suspended for that purpose, and the payment of any 8269
fees for the reissuance or reinstatement of a license suspended 8270
for that purpose, shall be governed by Section 93-11-157 or 8271
93-11-163, as the case may be. Actions taken by the board in 8272
suspending a license when required by Section 93-11-157 or 8273
93-11-163 are not actions from which an appeal may be taken under 8274
this section. Any appeal of a license suspension that is required 8275
by Section 93-11-157 or 93-11-163 shall be taken in accordance 8276
with the appeal procedure specified in Section 93-11-157 or 8277
93-11-163, as the case may be, rather than the procedure specified 8278
in this section. If there is any conflict between any provision 8279
of Section 93-11-157 or 93-11-163 and any provision of this 8280
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 8281
case may be, shall control. 8282
SECTION 102. Section 73-17-15, Mississippi Code of 1972, is 8283
amended as follows: 8284
73-17-15. (1) (a) The board is authorized to investigate, 8285
either on the basis of complaints filed with it or on its own 8286
initiative, instances of suspected violations of this chapter of 8287
any nature, including, but not limited to: performing the duties 8288
of a nursing home administrator without a license; the providing 8289
of false information to the board either incident to an 8290
application for a license, incident to a hearing, or otherwise; 8291
maladministration; unethical conduct; incompetence; the conviction 8292
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 337 (aa\kr)

of a licensee of a * * * disqualifying crime as provided in the 8293
Fresh Start Act; the misappropriation of funds; or of any other 8294
matter reflecting unfavorably upon the holder of a license under 8295
this chapter or an applicant therefor. On the basis of 8296
information developed during such an investigation, the board may 8297
(i) revoke, suspend, or refuse to renew any license issued by the 8298
board, (ii) deny an application for a license, or (iii) reprimand, 8299
place on probation, and/or take any other action in relation to a 8300
license, as the board may deem proper under the circumstances. 8301
Whenever the results of such an investigation are filed, the 8302
executive director of the board shall set a day for a hearing and 8303
shall notify the licensee that on the day fixed for hearing he or 8304
she may appear and show cause, if any, why his or her license 8305
should not be revoked, suspended, or other action taken in 8306
relation to his or her license. The notice shall be transmitted 8307
to the licensee by certified United States mail to the address of 8308
the licensee appearing of record with the board. 8309
(b) In cases where violations of this chapter have been 8310
substantiated, the board may assess a monetary penalty for those 8311
reasonable costs that are expended by the board in the 8312
investigation and conduct of a proceeding for licensure 8313
revocation, suspension or restriction, including, but not limited 8314
to, the cost of process service, court reporters, expert witnesses 8315
and investigations. 8316
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 338 (aa\kr)

(2) The board, upon finding and determining that any person 8317
represents himself or herself to be a nursing home administrator 8318
or performs any or all of the services, acts or duties of a 8319
nursing home administrator as defined in this chapter without a 8320
license, is authorized to petition the chancery court of the 8321
county in which the unauthorized acts have been, are being or may 8322
be committed, for writ or writs of injunction prohibiting the 8323
unauthorized acts. This provision is supplemental and in addition 8324
to the penal provisions set forth in Section 73-17-13. 8325
(3) Any licensee whose license has been revoked or 8326
suspended, or who has been placed on probation or reprimanded 8327
after a contested hearing, may appeal that action of the board to 8328
the chancery court of the county in which the nursing home 8329
administrator is practicing, which appeal shall not be a de novo 8330
appeal but shall be determined upon an official transcript of the 8331
record of the contested hearing. Appeals to the chancery court 8332
shall be taken within ten (10) days from the date of the board's 8333
order and shall be taken, perfected, heard and determined either 8334
in termtime or in vacation, and the appeals shall be heard and 8335
disposed of promptly by the court. Appeals from the board shall 8336
be taken and perfected by the filing of a bond in the sum of Two 8337
Hundred Fifty Dollars ($250.00) with two (2) sureties, or with a 8338
surety company qualified to do business in Mississippi as surety, 8339
conditioned to pay the costs of the appeal. The bond shall be 8340
payable to the state and shall be approved by the clerk of the 8341
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 339 (aa\kr)

chancery court. The bond may be enforced in its name as other 8342
judicial bonds filed in the chancery court, and judgment may be 8343
entered upon those bonds and process and execution shall issue 8344
upon those judgments as provided by law in other cases. Upon 8345
approval of the bond by the clerk of the chancery court, the clerk 8346
shall give notice to the board of the appeal from the decision of 8347
the board. It thereupon shall be the duty of the board through 8348
its duly authorized representative to promptly transmit to the 8349
clerk of the chancery court in which the appeal is pending a 8350
certified copy of the order of the board and all documents filed 8351
relating to the board's action against the licensee, together with 8352
a transcript of the testimony, both oral and documentary, 8353
introduced for consideration by the board both in support of and 8354
in opposition to the action, which appeal shall be docketed by the 8355
clerk and shall be determined by the court based upon the record. 8356
If there is an appeal, the appeal may, in the discretion of and on 8357
motion to the chancery court, act as a supersedeas. The chancery 8358
court shall dispose of the appeal and enter its decision promptly. 8359
The hearing on the appeal may, in the discretion of the 8360
chancellor, be tried in vacation. 8361
(4) Appeals from the decision of the chancery court may be 8362
taken by either the board or the licensee to the Supreme Court as 8363
in the case of appeals generally from the chancery court to the 8364
Supreme Court. 8365
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 340 (aa\kr)

(5) In addition to the reasons specified in subsection (1) 8366
of this section, the board shall be authorized to suspend the 8367
license of any licensee for being out of compliance with an order 8368
for support, as defined in Section 93-11-153. The procedure for 8369
suspension of a license for being out of compliance with an order 8370
for support, and the procedure for the reissuance or reinstatement 8371
of a license suspended for that purpose, and the payment of any 8372
fees for the reissuance or reinstatement of a license suspended 8373
for that purpose, shall be governed by Section 93-11-157 or 8374
93-11-163, as the case may be. Actions taken by the board in 8375
revoking a license when required by Section 93-11-157 or 93-11-163 8376
are not actions from which an appeal may be taken under this 8377
section. Any appeal of a license suspension that is required by 8378
Section 93-11-157 or 93-11-163 shall be taken in accordance with 8379
the appeal procedure specified in Section 93-11-157 or 93-11-163, 8380
as the case may be, rather than the procedure specified in this 8381
section. If there is any conflict between any provision of 8382
Section 93-11-157 or 93-11-163 and any provision of this chapter, 8383
the provisions of Section 93-11-157 or 93-11-163, as the case may 8384
be, shall control. 8385
SECTION 103. Section 73-23-59, Mississippi Code of 1972, is 8386
amended as follows: 8387
73-23-59. (1) Licensees subject to this chapter shall 8388
conduct their activities, services and practice in accordance with 8389
this chapter and any rules promulgated pursuant hereto. The 8390
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 341 (aa\kr)

board, upon satisfactory proof and in accordance with the 8391
provisions of this chapter and the regulations of the board, may 8392
suspend, revoke, or refuse to issue or renew any license 8393
hereunder, or revoke or suspend any privilege to practice, 8394
censure or reprimand any licensee, restrict or limit a license, 8395
and take any other action in relation to a license or privilege to 8396
practice as the board may deem proper under the circumstances upon 8397
any of the following grounds: 8398
(a) Negligence in the practice or performance of 8399
professional services or activities; 8400
(b) Engaging in dishonorable, unethical or 8401
unprofessional conduct of a character likely to deceive, defraud 8402
or harm the public in the course of professional services or 8403
activities; 8404
(c) Perpetrating or cooperating in fraud or material 8405
deception in obtaining or renewing a license or attempting the 8406
same or obtaining a privilege to practice; 8407
(d) Being convicted of any crime which has a 8408
substantial relationship to the licensee's activities and services 8409
or an essential element of which is misstatement, fraud or 8410
dishonesty; 8411
(e) Having been convicted of or pled guilty to a * * * 8412
disqualifying crime as provided in the Fresh Start Act in the 8413
courts of this state or any other state, territory or country. 8414
Conviction, as used in this paragraph, shall include a deferred 8415
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 342 (aa\kr)

conviction, deferred prosecution, deferred sentence, finding or 8416
verdict of guilt, an admission of guilty, or a plea of nolo 8417
contendere; 8418
(f) Engaging in or permitting the performance of 8419
unacceptable services personally or by others working under the 8420
licensee's supervision due to the licensee's deliberate or 8421
negligent act or acts or failure to act, regardless of whether 8422
actual damage or damages to the public is established; 8423
(g) Continued practice although the licensee has become 8424
unfit to practice as a physical therapist or physical therapist 8425
assistant due to: (i) failure to keep abreast of current 8426
professional theory or practice; or (ii) physical or mental 8427
disability; the entry of an order or judgment by a court of 8428
competent jurisdiction that a licensee is in need of mental 8429
treatment or is incompetent shall constitute mental disability; or 8430
(iii) addiction or severe dependency upon alcohol or other drugs 8431
which may endanger the public by impairing the licensee's ability 8432
to practice; 8433
(h) Having disciplinary action taken against the 8434
licensee's license in another state; 8435
(i) Making differential, detrimental treatment against 8436
any person because of race, color, creed, sex, religion or 8437
national origin; 8438
(j) Engaging in lewd conduct in connection with 8439
professional services or activities; 8440
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 343 (aa\kr)

(k) Engaging in false or misleading advertising; 8441
(l) Contracting, assisting or permitting unlicensed 8442
persons to perform services for which a license is required under 8443
this chapter or privilege to practice is required under Section 8444
73-23-101; 8445
(m) Violation of any probation requirements placed on a 8446
license or privilege to practice by the board; 8447
(n) Revealing confidential information except as may be 8448
required by law; 8449
(o) Failing to inform clients of the fact that the 8450
client no longer needs the services or professional assistance of 8451
the licensee; 8452
(p) Charging excessive or unreasonable fees or engaging 8453
in unreasonable collection practices; 8454
(q) For treating or attempting to treat ailments or 8455
other health conditions of human beings other than by physical 8456
therapy as authorized by this chapter; 8457
(r) Except as authorized in Section 73-23-35(3) and 8458
(4), for applying or offering to apply physical therapy, exclusive 8459
of initial evaluation or screening and exclusive of education or 8460
consultation for the prevention of physical and mental disability 8461
within the scope of physical therapy, other than upon the referral 8462
from a licensed physician, dentist, osteopath, podiatrist, 8463
chiropractor, physician assistant or nurse practitioner; or for 8464
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 344 (aa\kr)

acting as a physical therapist assistant other than under the 8465
direct, on-site supervision of a licensed physical therapist; 8466
(s) Failing to adhere to the recognized standards of 8467
ethics of the physical therapy profession as established by rules 8468
of the board; 8469
(t) Failing to complete continuing competence 8470
requirements as established by board rule; 8471
(u) Failing to supervise physical therapist assistants 8472
in accordance with this chapter and/or board rules; 8473
(v) Engaging in sexual misconduct. For the purpose of 8474
this paragraph, sexual misconduct includes, but is not necessarily 8475
limited to: 8476
(i) Engaging in or soliciting sexual 8477
relationships, whether consensual or nonconsensual, while a 8478
physical therapist or physical therapist assistant/patient 8479
relationship exists. 8480
(ii) Making sexual advances, requesting sexual 8481
favors or engaging in other verbal conduct or physical contact of 8482
a sexual nature with patients or clients. 8483
(iii) Intentionally viewing a completely or 8484
partially disrobed patient in the course of treatment if the 8485
viewing is not related to patient diagnosis or treatment under 8486
current practice standards; 8487
(w) The erroneous issuance of a license or privilege to 8488
practice to any person; 8489
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 345 (aa\kr)

(x) Violations of any provisions of this chapter, board 8490
rules or regulations or a written order or directive of the board; 8491
(y) Failing to maintain adequate patient records. For 8492
the purposes of this paragraph, "adequate patient records" means 8493
legible records that contain at minimum sufficient information to 8494
identify the patient, an evaluation of objective findings, a 8495
diagnosis, a plan of care, a treatment record and a discharge 8496
plan; 8497
(z) Failing to report to the board any unprofessional, 8498
incompetent or illegal acts that appear to be in violation of this 8499
law or any rules established by the board. 8500
(2) The board may order a licensee to submit to a reasonable 8501
physical or mental examination if the licensee's physical or 8502
mental capacity to practice safely is at issue in a disciplinary 8503
proceeding. 8504
(3) Failure to comply with a board order to submit to a 8505
physical or mental examination shall render a licensee subject to 8506
the summary suspension procedures described in Section 73-23-64. 8507
(4) In addition to the reasons specified in subsection (1) 8508
of this section, the board shall be authorized to suspend the 8509
license or privilege to practice of any licensee for being out of 8510
compliance with an order for support, as defined in Section 8511
93-11-153. The procedure for suspension of a license or privilege 8512
to practice for being out of compliance with an order for support, 8513
and the procedure for the reissuance or reinstatement of a license 8514
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 346 (aa\kr)

or privilege to practice suspended for that purpose, and the 8515
payment of any fees for the reissuance or reinstatement of a 8516
license or privilege to practice suspended for that purpose, shall 8517
be governed by Section 93-11-157 or 93-11-163, as the case may be. 8518
If there is any conflict between any provision of Section 8519
93-11-157 or 93-11-163 and any provision of this chapter, the 8520
provisions of Section 93-11-157 or 93-11-163, as the case may be, 8521
shall control. 8522
SECTION 104. Section 73-30-21, Mississippi Code of 1972, is 8523
amended as follows: 8524
73-30-21. (1) The board may, after notice and opportunity 8525
for a hearing, suspend, revoke or refuse to issue or renew a 8526
license or the privilege to practice or may reprimand the license 8527
holder or holder of the privilege to practice, upon a 8528
determination by the board that such license holder or holder of 8529
the privilege to practice or applicant for licensure or the 8530
privilege to practice has: 8531
(a) Been adjudged by any court to be mentally 8532
incompetent or have had a guardian of person appointed; 8533
(b) Been convicted of a * * * disqualifying crime as 8534
provided in the Fresh Start Act; 8535
(c) Sworn falsely under oath or affirmation; 8536
(d) Obtained a license or certificate or the privilege 8537
to practice by fraud, deceit or other misrepresentation; 8538
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 347 (aa\kr)

(e) Engaged in the conduct of professional counseling 8539
in a grossly negligent or incompetent manner; 8540
(f) Intentionally violated any provision of this 8541
article; 8542
(g) Violated any rules or regulations of the board; or 8543
(h) Aided or assisted another in falsely obtaining a 8544
license or the privilege to practice under this article. 8545
With regard to a refusal to issue a privilege to practice, 8546
such refusal by the board shall be in accordance with the terms of 8547
the Professional Counseling Compact instead of this subsection 8548
(1). 8549
(2) Appeals from disciplinary action are to be brought in 8550
the circuit court in the county of residence of the practitioner. 8551
In the event the practitioner resides out of state the appeal 8552
should be brought in Hinds County Circuit Court. 8553
(3) The board may assess and levy upon any licensee, 8554
practitioner or applicant for licensure or the privilege to 8555
practice the costs incurred or expended by the board in the 8556
investigation and prosecution of any licensure, privilege to 8557
practice or disciplinary action, including, but not limited to, 8558
the costs of process service, court reporters, expert witnesses, 8559
investigators and attorney's fees. 8560
(4) No revoked license or privilege to practice may be 8561
reinstated within twelve (12) months after such revocation. 8562
Reinstatement thereafter shall be upon such conditions as the 8563
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 348 (aa\kr)

board may prescribe, which may include, without being limited to, 8564
successful passing of the examination required by this article. 8565
(5) A license or privilege to practice certificate issued by 8566
the board is the property of the board and must be surrendered on 8567
demand. 8568
(6) The chancery court is hereby vested with the 8569
jurisdiction and power to enjoin the unlawful practice of 8570
counseling and/or the false representation as a licensed counselor 8571
in a proceeding brought by the board or any members thereof or by 8572
any citizen of this state. 8573
(7) In addition to the reasons specified in subsection (1) 8574
of this section, the board shall be authorized to suspend the 8575
license of any licensee for being out of compliance with an order 8576
for support, as defined in Section 93-11-153. The procedure for 8577
suspension of a license for being out of compliance with an order 8578
for support, and the procedure for the reissuance or reinstatement 8579
of a license suspended for that purpose, and the payment of any 8580
fees for the reissuance or reinstatement of a license suspended 8581
for that purpose, shall be governed by Section 93-11-157 or 8582
93-11-163, as the case may be. If there is any conflict between 8583
any provision of Section 93-11-157 or 93-11-163 and any provision 8584
of this article, the provisions of Section 93-11-157 or 93-11-163, 8585
as the case may be, shall control. 8586
SECTION 105. Section 73-38-27, Mississippi Code of 1972, is 8587
amended as follows: 8588
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 349 (aa\kr)

73-38-27. (1) With regard to a refusal to issue a privilege 8589
to practice, such refusal by the board shall be in accordance with 8590
terms of the Audiology and Speech-Language Pathology Interstate 8591
Compact. The board may refuse to issue or renew a license, or may 8592
suspend or revoke a license where the licensee or applicant for a 8593
license has been guilty of unprofessional conduct which has 8594
endangered or is likely to endanger the health, welfare or safety 8595
of the public. Such unprofessional conduct may result from: 8596
(a) Negligence in the practice or performance of 8597
professional services or activities; 8598
(b) Engaging in dishonorable, unethical or 8599
unprofessional conduct of a character likely to deceive, defraud 8600
or harm the public in the course of professional services or 8601
activities; 8602
(c) Perpetrating or cooperating in fraud or material 8603
deception in obtaining or renewing a license or attempting the 8604
same; 8605
(d) Being convicted of any crime which has a 8606
substantial relationship to the licensee's activities and services 8607
or an essential element of which is misstatement, fraud or 8608
dishonesty; 8609
(e) Being convicted of any crime which is a * * * 8610
disqualifying crime as provided in the Fresh Start Act; 8611
(f) Engaging in or permitting the performance of 8612
unacceptable services personally or by others working under the 8613
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 350 (aa\kr)

licensee's supervision due to the licensee's deliberate or 8614
negligent act or acts or failure to act, regardless of whether 8615
actual damage or damages to the public is established; 8616
(g) Continued practice although the licensee has become 8617
unfit to practice as a speech-language pathologist or audiologist 8618
due to: (i) failure to keep abreast of current professional 8619
theory or practice; or (ii) physical or mental disability; the 8620
entry of an order or judgment by a court of competent jurisdiction 8621
that a licensee is in need of mental treatment or is incompetent 8622
shall constitute mental disability; or (iii) addiction or severe 8623
dependency upon alcohol or other drugs which may endanger the 8624
public by impairing the licensee's ability to practice; 8625
(h) Having disciplinary action taken against the 8626
licensee's license in another state; 8627
(i) Making differential, detrimental treatment against 8628
any person because of race, color, creed, sex, religion or 8629
national origin; 8630
(j) Engaging in lewd conduct in connection with 8631
professional services or activities; 8632
(k) Engaging in false or misleading advertising; 8633
(l) Contracting, assisting or permitting unlicensed 8634
persons to perform services for which a license is required under 8635
this article; 8636
(m) Violation of any probation requirements placed on a 8637
license by the board; 8638
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 351 (aa\kr)

(n) Revealing confidential information except as may be 8639
required by law; 8640
(o) Failing to inform clients of the fact that the 8641
client no longer needs the services or professional assistance of 8642
the licensee; 8643
(p) Charging excessive or unreasonable fees or engaging 8644
in unreasonable collection practices; 8645
(q) For treating or attempting to treat ailments or 8646
other health conditions of human beings other than by speech or 8647
audiology therapy as authorized by this article; 8648
(r) For applying or offering to apply speech or 8649
audiology therapy, exclusive of initial evaluation or screening 8650
and exclusive of education or consultation for the prevention of 8651
physical and mental disability within the scope of speech or 8652
audiology therapy, or for acting as a speech-language pathologist 8653
or audiologist, or speech-language pathologist or audiologist aide 8654
other than under the direct, on-site supervision of a licensed 8655
speech-language pathologist or audiologist; 8656
(s) Violations of the current codes of conduct for 8657
speech-language pathologists or audiologists, and speech-language 8658
pathologist or audiologist assistants adopted by the American 8659
Speech-Language-Hearing Association; 8660
(t) Violations of any rules or regulations promulgated 8661
pursuant to this article. 8662
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 352 (aa\kr)

(2) The board may order a licensee to submit to a reasonable 8663
physical or mental examination if the licensee's physical or 8664
mental capacity to practice safely is at issue in a disciplinary 8665
proceeding. 8666
(3) In addition to the reasons specified in subsection (1) 8667
of this section, the board shall be authorized to suspend the 8668
license of any licensee for being out of compliance with an order 8669
for support, as defined in Section 93-11-153. The procedure for 8670
suspension of a license for being out of compliance with an order 8671
for support, and the procedure for the reissuance or reinstatement 8672
of a license suspended for that purpose, and the payment of any 8673
fees for the reissuance or reinstatement of a license suspended 8674
for that purpose, shall be governed by Section 93-11-157 or 8675
93-11-163, as the case may be. If there is any conflict between 8676
any provision of Section 93-11-157 or 93-11-163 and any provision 8677
of this article, the provisions of Section 93-11-157 or 93-11-163, 8678
as the case may be, shall control. 8679
SECTION 106. Section 73-53-17, Mississippi Code of 1972, is 8680
amended as follows: 8681
73-53-17. (1) Individuals licensed by the board shall 8682
conduct their activities, services and practice in accordance with 8683
the laws governing their professional practice and any rules 8684
promulgated by the board. Licensees and applicants may be subject 8685
to the exercise of the sanctions enumerated in Section 73-53-23 if 8686
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 353 (aa\kr)

the board finds that a licensee or applicant has committed any of 8687
the following: 8688
(a) Negligence in the practice or performance of 8689
professional services or activities; 8690
(b) Engaging in dishonorable, unethical or 8691
unprofessional conduct of a character likely to deceive, defraud 8692
or harm the public in the course of professional services or 8693
activities; 8694
(c) Perpetrating or cooperating in fraud or material 8695
deception in obtaining or renewing a license or attempting the 8696
same; 8697
(d) Violating the rules and regulations established by 8698
the board; 8699
(e) Violating the National Association of Social 8700
Workers Code of Ethics or the American Association for Marriage 8701
and Family Therapy Code of Ethics; 8702
(f) Being convicted of any crime which has a 8703
substantial relationship to the licensee's activities and services 8704
or an essential element of which is misstatement, fraud or 8705
dishonesty; 8706
(g) Being convicted of any crime which is a * * * 8707
disqualifying crime as provided in the Fresh Start Act under the 8708
laws of this state or of the United States of America; 8709
(h) Engaging in or permitting the performance of 8710
unacceptable services personally due to the licensee's deliberate 8711
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 354 (aa\kr)

or grossly negligent act or acts or failure to act, regardless of 8712
whether actual damage or damages to the public is established, or 8713
assuming responsibility for another's work by signing documents 8714
without personal knowledge of the work as established by board 8715
rule; 8716
(i) Continued practice although the licensee has become 8717
unfit to practice social work due to: (i) failure to keep abreast 8718
of current professional theory or practice; or (ii) physical or 8719
mental disability; the entry of an order or judgment by a court of 8720
competent jurisdiction that a licensee is in need of mental 8721
treatment or is incompetent shall constitute mental disability; or 8722
(iii) addiction or severe dependency upon alcohol or other drugs 8723
which may endanger the public by impairing the licensee's ability 8724
to practice; 8725
(j) Continued practice although the individual failed 8726
to renew and has a lapsed license; 8727
(k) Having disciplinary action taken against the 8728
licensee's license in another state; 8729
(l) Making differential, detrimental treatment against 8730
any person because of race, color, creed, sex, religion or 8731
national origin; 8732
(m) Engaging in lewd conduct in connection with 8733
professional services or activities; 8734
(n) Engaging in false or misleading advertising; 8735
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 355 (aa\kr)

(o) Contracting, assisting or permitting unlicensed 8736
persons to perform services for which a license is required under 8737
this article; 8738
(p) Violation of any probation requirements placed on a 8739
licensee by the board; 8740
(q) Revealing confidential information except as may be 8741
required by law; 8742
(r) Failing to inform clients of the fact that the 8743
client no longer needs the services or professional assistance of 8744
the licensee; 8745
(s) Charging excessive or unreasonable fees or engaging 8746
in unreasonable collection practices. 8747
(2) The board may order a licensee to submit to a reasonable 8748
physical or mental examination if the licensee's physical or 8749
mental capacity to practice safely is at issue in a disciplinary 8750
proceeding. 8751
(3) Failure to comply with a board order to submit to a 8752
physical or mental examination shall render a licensee subject to 8753
the summary suspension procedures described in Section 73-53-23. 8754
(4) In addition to the reasons specified in subsection (1) 8755
of this section, the board shall be authorized to suspend the 8756
license of any licensee for being out of compliance with an order 8757
for support, as defined in Section 93-11-153. The procedure for 8758
suspension of a license for being out of compliance with an order 8759
for support, and the procedure for the reissuance or reinstatement 8760
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 356 (aa\kr)

of a license suspended for that purpose, and the payment of any 8761
fees for the reissuance or reinstatement of a license suspended 8762
for that purpose, shall be governed by Section 93-11-157 or 8763
93-11-163, as the case may be. If there is any conflict between 8764
any provision of Section 93-11-157 or 93-11-163 and any provision 8765
of this article, the provisions of Section 93-11-157 or 93-11-163, 8766
as the case may be, shall control. 8767
SECTION 107. Section 73-60-31, Mississippi Code of 1972, is 8768
amended as follows: 8769
73-60-31. The Appraisal Board may refuse to issue, renew, or 8770
may revoke or suspend, a license or may place on probation, 8771
censure, reprimand or take other disciplinary action with regard 8772
to any license issued under this chapter, including the issuance 8773
of fines for each violation, for any one (1) or combination of the 8774
following causes: 8775
(a) Violations of this chapter or the Appraisal Board's 8776
rules promulgated pursuant hereto; 8777
(b) Violation of terms of license probation; 8778
(c) Conviction of a * * * disqualifying crime as 8779
provided in the Fresh Start Act or making a plea of guilty or nolo 8780
contendere within five (5) years prior to the date of application; 8781
(d) Operating without adequate insurance coverage 8782
required for licensees; 8783
(e) Fraud in the procurement or performance of a 8784
contract to conduct a home inspection; and 8785
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 357 (aa\kr)

(f) Failure to submit to or pass a background 8786
investigation pursuant to Section 73-60-47. 8787
SECTION 108. Section 73-67-27, Mississippi Code of 1972, is 8788
amended as follows: 8789
73-67-27. (1) The board may refuse to issue or renew or may 8790
deny, suspend or revoke any license held or applied for under this 8791
chapter upon finding that the holder of a license or applicant: 8792
(a) Is guilty of fraud, deceit or misrepresentation in 8793
procuring or attempting to procure any license provided for in 8794
this chapter; 8795
(b) Attempted to use as his own the license of another; 8796
(c) Allowed the use of his license by another; 8797
(d) Has been adjudicated as mentally incompetent by 8798
regularly constituted authorities; 8799
(e) Has been convicted of a crime, or has charges or 8800
disciplinary action pending that directly relates to the practice 8801
of massage therapy or to the ability to practice massage therapy. 8802
Any plea of nolo contendere shall be considered a conviction for 8803
the purposes of this section; 8804
(f) Is guilty of unprofessional or unethical conduct as 8805
defined by the code of ethics; 8806
(g) Is guilty of false, misleading or deceptive 8807
advertising, or is guilty of aiding or assisting in the 8808
advertising or practice of any unlicensed or unpermitted person in 8809
the practice of massage therapy; 8810
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 358 (aa\kr)

(h) Is grossly negligent or incompetent in the practice 8811
of massage therapy; 8812
(i) Has had rights, credentials or one or more 8813
license(s) to practice massage therapy revoked, suspended or 8814
denied in any jurisdiction, territory or possession of the United 8815
States or another country for acts of the licensee similar to acts 8816
described in this section. A certified copy of the record of the 8817
jurisdiction making such a revocation, suspension or denial shall 8818
be conclusive evidence thereof; or 8819
(j) Has been convicted of any * * * disqualifying crime 8820
as provided in the Fresh Start Act. 8821
(2) Investigative proceedings may be implemented by a 8822
complaint by any person, including members of the board. 8823
(3) (a) Any person(s) found guilty of prostitution using as 8824
any advertisement, claim or insignia of being an actual licensed 8825
massage therapist or to be practicing massage therapy by using the 8826
word "massage" or any other description indicating the same, 8827
whether or not the person(s) have one or more license for the 8828
person(s) or establishment(s), shall be guilty of a misdemeanor, 8829
and upon conviction, shall be punished by a fine of not less than 8830
One Thousand Dollars ($1,000.00), nor more than Five Thousand 8831
Dollars ($5,000.00), or imprisonment of up to six (6) months, or 8832
both, per offense, per person. 8833
(b) Any person who knowingly participates in receiving 8834
illegal service(s) of any person found guilty as described in 8835
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 359 (aa\kr)

paragraph (a) of this subsection, upon conviction, shall be 8836
punished by a fine not exceeding Five Hundred Dollars ($500.00), 8837
or imprisonment for up to one (1) month, or both. Persons 8838
officially designated to investigate complaints are exempt. 8839
(c) Any person who violates any provision of this 8840
chapter, other than violation(s) of paragraph (a) of this 8841
subsection, is guilty of a misdemeanor, and upon conviction, shall 8842
be punished by a fine not exceeding Five Hundred Dollars 8843
($500.00), or imprisonment for up to one (1) month in jail, or 8844
both, per offense. 8845
(d) The board, in its discretion, may assess and tax 8846
any part or all of the costs of any disciplinary proceedings 8847
conducted against either the accused, the charging party, or both, 8848
as it may elect. 8849
SECTION 109. Section 73-75-13, Mississippi Code of 1972, is 8850
amended as follows: 8851
73-75-13. To be eligible for licensure by the board as a 8852
behavior analyst or assistant behavior analyst, a person shall: 8853
(a) Submit to the board an application, upon such form 8854
and in such manner as the board shall prescribe, along with the 8855
applicable fee and personal references; 8856
(b) Certify that the applicant has not been convicted 8857
of a * * * disqualifying crime as provided in the Fresh Start Act 8858
as defined by the laws of the State of Mississippi; 8859
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 360 (aa\kr)

(c) Undergo a fingerprint-based criminal history 8860
records check of the Mississippi central criminal database and the 8861
Federal Bureau of Investigation criminal history database. Each 8862
applicant shall submit a full set of the applicant's fingerprints 8863
in a form and manner prescribed by the board, which shall be 8864
forwarded to the Mississippi Department of Public Safety and the 8865
Federal Bureau of Investigation Identification Division for this 8866
purpose; and 8867
(d) For a behavior analyst: 8868
(i) Possess at least a master's degree, or its 8869
equivalent, from an educational institution recognized by the 8870
board; 8871
(ii) Have current and active certification by the 8872
Behavior Analyst Certification Board as a Board Certified Behavior 8873
Analyst (BCBA) or Board Certified Behavior Analyst-Doctoral 8874
(BCBA-D), verified by the board; and 8875
(iii) Comply with such other requirements of the 8876
board. 8877
(e) For an assistant behavior analyst: 8878
(i) Possess a bachelor's degree, or its 8879
equivalent, from an educational institution recognized by the 8880
board; 8881
(ii) Have current and active certification by the 8882
Behavior Analyst Certification Board as a Board Certified 8883
Assistant Behavior Analyst (BCABA), verified by the board; and 8884
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 361 (aa\kr)

(iii) Provide proof of ongoing supervision by a 8885
licensed behavior analyst. 8886
(f) All licenses issued pursuant to this section shall 8887
be for a term of three (3) years, but shall not exceed the 8888
expiration of the licensee's certification by the Behavior Analyst 8889
Certification Board. 8890
SECTION 110. Section 75-60-19, Mississippi Code of 1972, is 8891
amended as follows: 8892
75-60-19. (1) The Commission on Proprietary School and 8893
College Registration may suspend, revoke or cancel a certificate 8894
of registration for any one (1) or any combination of the 8895
following causes: 8896
(a) Violation of any provision of the sections of this 8897
chapter or any regulation made by the commission; 8898
(b) The furnishing of false, misleading or incomplete 8899
information requested by the commission; 8900
(c) The signing of an application or the holding of a 8901
certificate of registration by a person who has pleaded guilty or 8902
has been found guilty of a * * * disqualifying crime as provided 8903
in the Fresh Start Act or has pleaded guilty or been found guilty 8904
of any other * * * disqualifying crime; 8905
(d) The signing of an application or the holding of a 8906
certificate of registration by a person who is addicted to the use 8907
of any narcotic drug, or who is found to be mentally incompetent; 8908
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 362 (aa\kr)

(e) Violation of any commitment made in an application 8909
for a certificate of registration; 8910
(f) Presentation to prospective students of misleading, 8911
false or fraudulent information relating to the course of 8912
instruction, employment opportunity, or opportunities for 8913
enrollment in accredited institutions of higher education after 8914
entering or completing courses offered by the holder of a 8915
certificate of registration; 8916
(g) Failure to provide or maintain premises or 8917
equipment for offering courses of instruction in a safe and 8918
sanitary condition; 8919
(h) Refusal by an agent to display his agent permit 8920
upon demand of a prospective student or other interested person; 8921
(i) Failure to maintain financial resources adequate 8922
for the satisfactory conduct of courses of study as presented in 8923
the plan of operation or to retain a sufficient number and 8924
qualified staff of instruction; however nothing in this chapter 8925
shall require an instructor to be certificated by the Commission 8926
on Proprietary School and College Registration or to hold any type 8927
of post-high school degree; 8928
(j) Offering training or courses of instruction other 8929
than those presented in the application; however, schools may 8930
offer special courses adapted to the needs of individual students 8931
where the special courses are in the subject field specified in 8932
the application; 8933
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 363 (aa\kr)

(k) Accepting the services of an agent not licensed in 8934
accordance with Sections 75-60-23 through 75-60-37, inclusive; 8935
(l) Conviction or a plea of nolo contendere on the part 8936
of any owner, operator or director of a registered school of 8937
any * * * disqualifying crime as provided in the Fresh Start Act 8938
under Mississippi law or the law of another jurisdiction; 8939
(m) Continued employment of a teacher or instructor who 8940
has been convicted of or entered a plea of nolo contendere to 8941
any * * * disqualifying crime as provided in the Fresh Start Act 8942
under Mississippi law or the law of another jurisdiction; 8943
(n) Incompetence of any owner or operator to operate a 8944
school. 8945
(2) (a) Any person who believes he has been aggrieved by a 8946
violation of this section shall have the right to file a written 8947
complaint within two (2) years of the alleged violation. The 8948
commission shall maintain a written record of each complaint that 8949
is made. The commission shall also send to the complainant a form 8950
acknowledging the complaint and requesting further information if 8951
necessary and shall advise the director of the school that a 8952
complaint has been made and, where appropriate, the nature of the 8953
complaint. 8954
(b) The commission shall within twenty (20) days of 8955
receipt of such written complaint commence an investigation of the 8956
alleged violation and shall, within ninety (90) days of the 8957
receipt of such written complaint, issue a written finding. The 8958
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 364 (aa\kr)

commission shall furnish such findings to the person who filed the 8959
complaint and to the chief operating officer of the school cited 8960
in the complaint. If the commission finds that there has been a 8961
violation of this section, the commission shall take appropriate 8962
action. 8963
(c) Schools shall disclose in writing to all 8964
prospective and current students their right to file a complaint 8965
with the commission. 8966
(d) The existence of an arbitration clause in no way 8967
negates the student's right to file a complaint with the 8968
commission. 8969
(e) The commission may initiate an investigation 8970
without a complaint. 8971
(3) Hearing procedures. (a) Upon a finding that there is 8972
good cause to believe that a school, or an officer, agent, 8973
employee, partner or teacher, has committed a violation of 8974
subsection (1) of this section, the commission shall initiate 8975
proceedings by serving a notice of hearing upon each and every 8976
such party subject to the administrative action. The school or 8977
such party shall be given reasonable notice of hearing, including 8978
the time, place and nature of the hearing and a statement 8979
sufficiently particular to give notice of the transactions or 8980
occurrences intended to be proved, the material elements of each 8981
cause of action and the civil penalties and/or administrative 8982
sanctions sought. 8983
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 365 (aa\kr)

(b) Opportunity shall be afforded to the party to 8984
respond and present evidence and argument on the issues involved 8985
in the hearing including the right of cross-examination. In a 8986
hearing, the school or such party shall be accorded the right to 8987
have its representative appear in person or by or with counsel or 8988
other representative. Disposition may be made in any hearing by 8989
stipulation, agreed settlement, consent order, default or other 8990
informal method. 8991
(c) The commission shall designate an impartial hearing 8992
officer to conduct the hearing, who shall be empowered to: 8993
(i) Administer oaths and affirmations; and 8994
(ii) Regulate the course of the hearings, set the 8995
time and place for continued hearings, and fix the time for filing 8996
of briefs and other documents; and 8997
(iii) Direct the school or such party to appear 8998
and confer to consider the simplification of the issues by 8999
consent; and 9000
(iv) Grant a request for an adjournment of the 9001
hearing only upon good cause shown. 9002
The strict legal rules of evidence shall not apply, but the 9003
decision shall be supported by substantial evidence in the record. 9004
(4) The commission, acting by and through its hearing 9005
officer, is hereby authorized and empowered to issue subpoenas for 9006
the attendance of witnesses and the production of books and papers 9007
at such hearing. Process issued by the commission shall extend to 9008
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 366 (aa\kr)

all parts of the state and shall be served by any person 9009
designated by the commission for such service. Where, in any 9010
proceeding before the hearing officer, any witness fails or 9011
refuses to attend upon a subpoena issued by the commission, 9012
refuses to testify, or refuses to produce any books and papers the 9013
production of which is called for by a subpoena, the attendance of 9014
such witness, the giving of his testimony or the production of the 9015
books and papers shall be enforced by any court of competent 9016
jurisdiction of this state in the manner provided for the 9017
enforcement of attendance and testimony of witnesses in civil 9018
cases in the courts of this state. 9019
(5) Decision after hearing. The hearing officer shall make 9020
written findings of fact and conclusions of law, and shall also 9021
recommend in writing to the commission a final decision, including 9022
penalties. The hearing officer shall mail a copy of his findings 9023
of fact, conclusions of law and recommended penalty to the party 9024
and his attorney, or representative. The commission shall make 9025
the final decision, which shall be based exclusively on evidence 9026
and other materials introduced at the hearing. If it is 9027
determined that a party has committed a violation, the commission 9028
shall issue a final order and shall impose penalties in accordance 9029
with this section. The commission shall send by certified mail, 9030
return receipt requested, a copy of the final order to the party 9031
and his attorney, or representative. The commission shall, at the 9032
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 367 (aa\kr)

request of the school or such party, furnish a copy of the 9033
transcript or any part thereof upon payment of the cost thereof. 9034
(6) Civil penalties and administrative sanctions. (a) A 9035
hearing officer may recommend, and the commission may impose, a 9036
civil penalty not to exceed Two Thousand Five Hundred Dollars 9037
($2,500.00) for any violation of this section. In the case of a 9038
second or further violation committed within the previous five (5) 9039
years, the liability shall be a civil penalty not to exceed Five 9040
Thousand Dollars ($5,000.00) for each such violation. 9041
(b) Notwithstanding the provisions of paragraph (a) of 9042
this subsection, a hearing officer may recommend and the 9043
commission may impose a civil penalty not to exceed Twenty-five 9044
Thousand Dollars ($25,000.00) for any of the following violations: 9045
(i) operation of a school without a registration in violation of 9046
this chapter; (ii) operation of a school knowing that the school's 9047
registration has been suspended or revoked; (iii) use of false, 9048
misleading, deceptive or fraudulent advertising; (iv) employment 9049
of recruiters on the basis of a commission, bonus or quota, except 9050
as authorized by the commission; (v) directing or authorizing 9051
recruiters to offer guarantees of jobs upon completion of a 9052
course; (vi) failure to make a tuition refund when such failure is 9053
part of a pattern of misconduct; or (vii) violation of any other 9054
provision of this chapter, or any rule or regulation promulgated 9055
pursuant thereto, when such violation constitutes part of a 9056
pattern of misconduct which significantly impairs the educational 9057
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 368 (aa\kr)

quality of the program or programs being offered by the school. 9058
For each enumerated offense, a second or further violation 9059
committed within the previous five (5) years shall be subject to a 9060
civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) 9061
for each such violation. 9062
(c) In addition to the penalties authorized in 9063
paragraphs (a) and (b) of this subsection, a hearing officer may 9064
recommend and the commission may impose any of the following 9065
administrative sanctions: (i) a cease and desist order; (ii) a 9066
mandatory direction; (iii) a suspension or revocation of a 9067
certificate of registration; (iv) a probation order; or (v) an 9068
order of restitution. 9069
(d) The commission may suspend a registration upon the 9070
failure of a school to pay any fee, fine or penalty as required by 9071
this chapter unless such failure is determined by the commission 9072
to be for good cause. 9073
(e) All civil penalties, fines and settlements received 9074
shall accrue to the credit of the Commission on Proprietary School 9075
and College Registration. 9076
(7) Any penalty or administrative sanction imposed by the 9077
commission under this section may be appealed by the school, 9078
college or other person affected to the Mississippi Community 9079
College Board as provided in Section 75-60-4(3), which appeal 9080
shall be on the record previously made before the commission's 9081
hearing officer. All appeals from the Mississippi Community 9082
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 369 (aa\kr)

College Board shall be on the record and shall be filed in the 9083
Chancery Court of the First Judicial District of Hinds County, 9084
Mississippi. 9085
SECTION 111. Section 75-76-137, Mississippi Code of 1972, is 9086
amended as follows: 9087
75-76-137. (1) If any gaming employee is convicted of any 9088
violation of this chapter or if in investigating an alleged 9089
violation of this chapter by any licensee the executive director 9090
or the commission finds that a gaming employee employed by the 9091
licensee has been guilty of cheating, the commission shall, after 9092
a hearing as provided in Sections 75-76-103 through 75-76-119, 9093
inclusive, revoke the employee's work permit. 9094
(2) The commission may revoke a work permit if it finds 9095
after a hearing as provided in Sections 75-76-103 through 9096
75-76-119, inclusive, that the gaming employee has failed to 9097
disclose, misstated or otherwise misled the commission with 9098
respect to any fact contained within any application for a work 9099
permit, or subsequent to being issued a work permit: 9100
(a) Committed, attempted or conspired to do any of the 9101
acts prohibited by this chapter; 9102
(b) Knowingly possessed or permitted to remain in or 9103
upon any licensed premises any cards, dice, mechanical device or 9104
any other cheating device whatever the use of which is prohibited 9105
by statute or ordinance; 9106
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 370 (aa\kr)

(c) Concealed or refused to disclose any material fact 9107
in any investigation by the executive director or the commission; 9108
(d) Committed, attempted or conspired to commit larceny 9109
or embezzlement against a gaming licensee or upon the premises of 9110
a licensed gaming establishment; 9111
(e) Been convicted in any jurisdiction other than 9112
Mississippi of any offense involving or relating to gambling; 9113
(f) Accepted employment without prior commission 9114
approval in a position for which he or she could be required to be 9115
licensed under this chapter after having been denied a license for 9116
a reason involving personal unsuitability or after failing to 9117
apply for licensing when requested to do so by the commission or 9118
the executive director; 9119
(g) Been refused the issuance of any license, permit or 9120
approval to engage in or be involved with gaming in any 9121
jurisdiction other than Mississippi, or had any such license, 9122
permit or approval revoked or suspended; 9123
(h) Been prohibited under color of governmental 9124
authority from being present upon the premises of any gaming 9125
establishment for any reason relating to improper gambling 9126
activities or any illegal act; 9127
(i) Contumaciously defied any legislative investigative 9128
committee or other officially constituted bodies acting on behalf 9129
of the United States or any state, county or municipality which 9130
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 371 (aa\kr)

seeks to investigate crimes relating to gaming, corruption of 9131
public officials, or any organized criminal activities; or 9132
(j) Been convicted of any * * * disqualifying crime as 9133
provided in the Fresh Start Act. 9134
(3) A work permit shall not be issued to a person whose work 9135
permit has previously been revoked pursuant to this section or to 9136
whom the issuance or renewal of a work permit has been denied, 9137
except with the unanimous approval of the commission members. 9138
(4) A gaming employee whose work permit has been revoked 9139
pursuant to this section is entitled to judicial review of the 9140
commission's action in the manner prescribed by Sections 75-76-121 9141
through 75-76-127, inclusive. 9142
SECTION 112. Section 77-8-25, Mississippi Code of 1972, is 9143
amended as follows: 9144
77-8-25. (1) Before allowing an individual to accept trip 9145
requests through a transportation network company's digital 9146
platform as a transportation network company driver: 9147
(a) The individual shall submit an application to the 9148
transportation network company, which includes information 9149
regarding his or her address, age, driver's license, motor vehicle 9150
registration, automobile liability insurance, and other 9151
information required by the transportation network company; 9152
(b) The transportation network company shall conduct, 9153
or have a third party conduct, a local and national criminal 9154
background check for each applicant that shall include: 9155
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 372 (aa\kr)

(i) Multistate/multijurisdiction criminal records 9156
locator or other similar commercial nationwide database with 9157
validation (primary source search); and 9158
(ii) United States Department of Justice National 9159
Sex Offender Public Website * * *. 9160
(2) The transportation network company shall review, or have 9161
a third party review, a driving history research report for such 9162
individual. 9163
(3) The transportation network company shall not permit an 9164
individual to act as a transportation network company driver on 9165
its digital platform who: 9166
(a) Has had more than three (3) moving violations in 9167
the prior three-year period, or one (1) of the following major 9168
violations in the prior three-year period: 9169
(i) Attempting to evade the police; 9170
(ii) Reckless driving; or 9171
(iii) Driving on a suspended or revoked license; 9172
(b) Has been convicted, within the past seven (7) 9173
years, of 9174
(i) Any * * * disqualifying crime as provided in 9175
the Fresh Start Act; or 9176
(ii) Misdemeanor driving under the influence, 9177
reckless driving, hit and run, or any other driving-related 9178
offense or any misdemeanor violent offense or sexual offense; 9179
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 373 (aa\kr)

(c) Is a match in the United States Department of 9180
Justice National Sex Offender Public Website; 9181
(d) Does not possess a valid driver's license; 9182
(e) Does not possess proof of registration for the 9183
motor vehicle used to provide prearranged rides; 9184
(f) Does not possess proof of automobile liability 9185
insurance for the motor vehicle used to provide prearranged rides; 9186
or 9187
(g) Is not at least nineteen (19) years of age. 9188
SECTION 113. Section 83-1-191, Mississippi Code of 1972, is 9189
amended as follows: 9190
83-1-191. (1) There is established within the Department of 9191
Insurance a Comprehensive Hurricane Damage Mitigation Program. 9192
This section does not create an entitlement for property owners or 9193
obligate the state in any way to fund the inspection or 9194
retrofitting of residential property or commercial property in 9195
this state. Implementation of this program is subject to the 9196
availability of funds that may be appropriated by the Legislature 9197
for this purpose. The program may develop and implement a 9198
comprehensive and coordinated approach for hurricane damage 9199
mitigation that may include the following: 9200
(a) Cost-benefit study on wind hazard mitigation 9201
construction measures. The performance of a cost-benefit study to 9202
establish the most appropriate wind hazard mitigation construction 9203
measures for both new construction and the retrofitting of 9204
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 374 (aa\kr)

existing construction for both residential and commercial 9205
facilities within the wind-borne debris regions of Mississippi as 9206
defined by the International Building Code. The recommended wind 9207
construction techniques shall be based on both the newly adopted 9208
Mississippi building code sections for wind load design and the 9209
wind-borne debris region. The list of construction measures to be 9210
considered for evaluation in the cost-benefit study shall be based 9211
on scientifically established and sound, but common, construction 9212
techniques that go above and beyond the basic recommendations in 9213
the adopted building codes. This allows residents to utilize 9214
multiple options that will further reduce risk and loss and still 9215
be awarded for their endeavors with appropriate wind insurance 9216
discounts. It is recommended that existing accepted scientific 9217
studies that validate the wind hazard construction techniques 9218
benefits and effects be taken into consideration when establishing 9219
the list of construction techniques that homeowners and business 9220
owners can employ. This will ensure that only established 9221
construction measures that have been studied and modeled as 9222
successful mitigation measures will be considered to reduce the 9223
chance of including risky or unsound data that will cost both the 9224
property owner and state unnecessary losses. The cost-benefit 9225
study shall be based on actual construction cost data collected 9226
for several types of residential construction and commercial 9227
construction materials, building techniques and designs that are 9228
common to the region. The study shall provide as much information 9229
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 375 (aa\kr)

as possible that will enhance the data and options provided to the 9230
public, so that homeowners and business owners can make informed 9231
and educated decisions as to their level of involvement. Based on 9232
the construction data, modeling shall be performed on a variety of 9233
residential and commercial designs, so that a broad enough 9234
representative spectrum of data can be obtained. The data from 9235
the study will be utilized in a report to establish tables 9236
reflecting actuarially appropriate levels of wind insurance 9237
discounts (in percentages) for each mitigation construction 9238
technique/combination of techniques. This report will be utilized 9239
as a guide for the Department of Insurance and the insurance 9240
industry for developing actuarially appropriate discounts, credits 9241
or other rate differentials, or appropriate reductions in 9242
deductibles, for properties on which fixtures or construction 9243
techniques demonstrated to reduce the amount of loss in a 9244
windstorm have been installed or implemented. Additional data 9245
that will enhance the program, such as studies to reflect property 9246
value increases for retrofitting or building to the established 9247
wind hazard mitigation construction techniques and cost comparison 9248
data collected to establish the value of this program against the 9249
investment required to include the mitigation measures, also may 9250
be provided. 9251
(b) Wind certification and hurricane mitigation 9252
inspections. 9253
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 376 (aa\kr)

(i) Home-retrofit inspections of site-built, 9254
residential property, including single-family, two-family, 9255
three-family or four-family residential units, and a set of 9256
representative commercial facilities may be offered to determine 9257
what mitigation measures are needed and what improvements to 9258
existing residential properties are needed to reduce the 9259
property's vulnerability to hurricane damage. A state program may 9260
be established within the Department of Insurance to provide 9261
homeowners and business owners wind certification and hurricane 9262
mitigation inspections. The inspections provided to homeowners 9263
and business owners, at a minimum, must include: 9264
1. A home inspection and report that 9265
summarizes the results and identifies corrective actions a 9266
homeowner may take to mitigate hurricane damage. 9267
2. A range of cost estimates regarding the 9268
mitigation features. 9269
3. Insurer-specific information regarding 9270
premium discounts correlated to recommended mitigation features 9271
identified by the inspection. 9272
4. A hurricane resistance rating scale 9273
specifying the home's current as well as projected wind resistance 9274
capabilities. 9275
This data may be provided by trained and certified inspectors 9276
in standardized reporting formats and forms to ensure all data 9277
collected during inspections is equivalent in style and content 9278
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 377 (aa\kr)

that allows construction data, estimates and discount information 9279
to be easily assimilated into a database. Data pertaining to the 9280
number of inspections and inspection reports may be stored in a 9281
state database for evaluation of the program's success and review 9282
of state goals in reducing wind hazard loss in the state. 9283
(ii) To qualify for selection by the department as 9284
a provider of wind certification and hurricane mitigation 9285
inspections services, the entity shall, at a minimum, and on a 9286
form and in the manner prescribed by the commissioner: 9287
1. Use wind certification and hurricane 9288
mitigation inspectors who: 9289
a. Have prior experience in residential 9290
and/or commercial construction or inspection and have received 9291
specialized training in hurricane mitigation procedures through 9292
the state certified program. In order to qualify for training in 9293
the inspection process, the individual should be either a licensed 9294
building code official, a licensed contractor or inspector in the 9295
State of Mississippi, or a civil engineer. 9296
b. Have undergone drug testing and 9297
background checks. 9298
c. Have been certified through a state 9299
mandated training program, in a manner satisfactory to the 9300
department, to conduct the inspections. 9301
d. Have not been convicted of a * * * 9302
disqualifying crime as provided in the Fresh Start Act; have not 9303
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 378 (aa\kr)

received a first-time offender pardon or nonadjudication order for 9304
a * * * disqualifying crime as provided in the Fresh Start Act; 9305
or have not entered a plea of guilty or nolo contendere to a * * * 9306
disqualifying crime as provided in the Fresh Start Act. 9307
e. Submit a statement authorizing the 9308
Commissioner of Insurance to order fingerprint analysis or any 9309
other analysis or documents deemed necessary by the commissioner 9310
for the purpose of verifying the criminal history of the 9311
individual. The commissioner shall have the authority to conduct 9312
criminal history verification on a local, state or national level, 9313
and shall have the authority to require the individual to pay for 9314
the costs of such criminal history verification. 9315
2. Provide a quality assurance program 9316
including a reinspection component. 9317
3. Have data collection equipment and 9318
computer systems, so that data can be submitted electronically to 9319
the state's database of inspection reports, insurance 9320
certificates, and other industry information related to this 9321
program. It is mandatory that all inspectors provide original 9322
copies to the property owner of any inspection reports, estimates, 9323
etc., pertaining to the inspection and keep a copy of all 9324
inspection materials on hand for state audits. 9325
(c) Financial grants to retrofit properties. Financial 9326
grants may be used to encourage single-family, site-built, 9327
owner-occupied, residential property owners or commercial property 9328
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 379 (aa\kr)

owners to retrofit their properties to make them less vulnerable 9329
to hurricane damage. No financial grant made under this section 9330
shall exceed Ten Thousand Dollars ($10,000.00) per recipient. 9331
(d) Education and consumer awareness. Multimedia 9332
public education, awareness and advertising efforts designed to 9333
specifically address mitigation techniques may be employed, as 9334
well as a component to support ongoing consumer resources and 9335
referral services. In addition, all insurance companies shall 9336
provide notification to their clients regarding the availability 9337
of this program, participation details, and directions to the 9338
state website promoting the program, along with appropriate 9339
contact phone numbers to the state agency administrating the 9340
program. The notification to the clients must be sent by the 9341
insurance company within thirty (30) days after filing their 9342
insurance discount schedules with the Department of Insurance. 9343
(e) Advisory council. There is created an advisory 9344
council to provide advice and assistance to the program 9345
administrator with regard to his or her administration of the 9346
program. The advisory council shall consist of: 9347
(i) An agent, selected by the Independent 9348
Insurance Agents of Mississippi. 9349
(ii) Two (2) representatives of residential 9350
property insurers, selected by the Department of Insurance. 9351
(iii) One (1) representative of homebuilders, 9352
selected by the Home Builders Association of Mississippi. 9353
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 380 (aa\kr)

(iv) The Chairman of the House Insurance 9354
Committee, or his designee. 9355
(v) The Chairman of the Senate Insurance 9356
Committee, or his designee. 9357
(vi) The Executive Director of the Mississippi 9358
Windstorm Underwriting Association, or his designee. 9359
(vii) The Director of the Mississippi Emergency 9360
Management Agency, or his designee. 9361
Members appointed under subparagraphs (i) and (ii) shall 9362
serve at the pleasure of the Department of Insurance. All other 9363
members shall serve as voting ex officio members. Members of the 9364
advisory council who are not legislators, state officials or state 9365
employees shall be compensated at the per diem rate authorized by 9366
Section 25-3-69, and shall be reimbursed in accordance with 9367
Section 25-3-41, for mileage and actual expenses incurred in the 9368
performance of their duties. Legislative members of the advisory 9369
council shall be paid from the contingent expense funds of their 9370
respective houses in the same manner as provided for committee 9371
meetings when the Legislature is not in session; however, no per 9372
diem or expense for attending meetings of the advisory council may 9373
be paid while the Legislature is in session. No advisory council 9374
member may incur per diem, travel or other expenses unless 9375
previously authorized by vote, at a meeting of the council, which 9376
action shall be recorded in the official minutes of the meeting. 9377
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 381 (aa\kr)

Nonlegislative members shall be paid from any funds made available 9378
to the advisory council for that purpose. 9379
(f) Rules and regulations. The Department of Insurance 9380
may adopt rules and regulations governing the Comprehensive 9381
Hurricane Damage Mitigation Program. The department also may 9382
adopt rules and regulations establishing priorities for grants 9383
provided under this section based on objective criteria that gives 9384
priority to reducing the state's probable maximum loss from 9385
hurricanes. However, pursuant to this overall goal, the 9386
department may further establish priorities based on the insured 9387
value of the dwelling, whether or not the dwelling is insured by 9388
the Mississippi Windstorm Underwriting Association and whether or 9389
not the area under consideration has sufficient resources and the 9390
ability to perform the retrofitting required. 9391
(2) Nothing in this section shall prohibit the Department of 9392
Insurance from entering into an agreement with any other 9393
appropriate state agency to assist with or perform any of the 9394
duties set forth hereunder. 9395
(3) The Department of Insurance shall issue a request for 9396
proposals to contract with a third party for the administration of 9397
the Comprehensive Hurricane Damage Mitigation Program. The 9398
contract for the third-party administrator shall be funded from 9399
monies in the Comprehensive Hurricane Damage Mitigation Program 9400
Fund created in subsection (4) of this section, and that amount 9401
shall not exceed one percent (1%) of the funds appropriated to the 9402
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 382 (aa\kr)

Department of Insurance for the program. If the third-party 9403
administrator selected through the request for proposals is 9404
replaced or is otherwise changed, the Department of Insurance 9405
shall notify the Chairs of the House and Senate Appropriations and 9406
Insurance Committees. 9407
(4) There is created a special fund in the State Treasury to 9408
be known as the Comprehensive Hurricane Damage Mitigation Program 9409
Fund. The fund shall consist of any monies from any source that 9410
are designated or made available for deposit into the fund. The 9411
Department of Insurance may apply for any federal or private 9412
grants to provide additional funds for the special fund. Monies 9413
in the fund shall be expended by the Department of Insurance, upon 9414
appropriation by the Legislature, for the purposes as provided in 9415
this section. Unexpended amounts remaining in the fund at the end 9416
of a fiscal year shall not lapse into the State General Fund, and 9417
any interest earned or investment earnings on amounts in the fund 9418
shall be deposited into such fund. 9419
(5) This section shall stand repealed from and after July 1, 9420
2028. 9421
SECTION 114. Section 83-17-71, Mississippi Code of 1972, is 9422
amended as follows: 9423
83-17-71. (1) The commissioner may place on probation, 9424
suspend, revoke or refuse to issue or renew an insurance 9425
producer's license or may levy a civil penalty in an amount not to 9426
exceed One Thousand Dollars ($1,000.00) per violation and such 9427
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 383 (aa\kr)

penalty shall be deposited into the special fund of the State 9428
Treasury designated as the "Insurance Department Fund" for any one 9429
or more of the following causes: 9430
(a) Providing incorrect, misleading, incomplete or 9431
materially untrue information in the license application; 9432
(b) Violating any insurance laws, or violating any 9433
regulation, subpoena or order of the commissioner or of another 9434
state's commissioner; 9435
(c) Obtaining or attempting to obtain a license through 9436
misrepresentation or fraud; 9437
(d) Improperly withholding, misappropriating or 9438
converting any monies or properties received in the course of 9439
doing insurance business; 9440
(e) Intentionally misrepresenting the terms of an 9441
actual or proposed insurance contract or application for 9442
insurance; 9443
(f) Having been convicted of a * * * disqualifying 9444
crime as provided in the Fresh Start Act; 9445
(g) Having admitted or been found to have committed any 9446
insurance unfair trade practice or fraud; 9447
(h) Using fraudulent, coercive or dishonest practices 9448
or demonstrating incompetence, untrustworthiness or financial 9449
irresponsibility in the conduct of business in this state or 9450
elsewhere; 9451
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 384 (aa\kr)

(i) Having an insurance producer license, or its 9452
equivalent, denied, suspended or revoked in any other state, 9453
province, district or territory; 9454
(j) Forging another's name to an application for 9455
insurance or to any document related to an insurance transaction; 9456
(k) Improperly using notes or any other reference 9457
material to complete an examination for an insurance license; 9458
(l) Knowingly accepting insurance business from an 9459
individual who is not licensed; 9460
(m) Failing to comply with an administrative or court 9461
order imposing a child support obligation; or 9462
(n) Failing to pay state income tax or comply with any 9463
administrative or court order directing payment of state income 9464
tax. 9465
(2) If the action by the commissioner is to nonrenew or to 9466
deny an application for a license, the commissioner shall notify 9467
the applicant or licensee and advise, in writing, the applicant or 9468
licensee of the reason for the denial or nonrenewal of the 9469
applicant's or licensee's license. The applicant or licensee may 9470
make written demand upon the commissioner within ten (10) days for 9471
a hearing before the commissioner to determine the reasonableness 9472
of the commissioner's action. The hearing shall be held within 9473
thirty (30) days. 9474
(3) The license of a business entity may be suspended, 9475
revoked or refused if the commissioner finds, after hearing, that 9476
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 385 (aa\kr)

an individual licensee's violation was known or should have been 9477
known by one or more of the partners, officers or managers acting 9478
on behalf of the partnership or corporation and the violation was 9479
neither reported to the commissioner nor corrective action taken. 9480
(4) In addition to, or in lieu of, any applicable denial, 9481
suspension or revocation of a license, a person may, after 9482
hearing, be subject to a civil fine not to exceed One Thousand 9483
Dollars ($1,000.00) per violation and such fine shall be deposited 9484
into the special fund in the State Treasury designated as the 9485
"Insurance Department Fund." 9486
(5) The commissioner shall retain the authority to enforce 9487
the provisions of and impose any penalty or remedy authorized by 9488
this article and Title 83, Mississippi Code of 1972, against any 9489
person who is under investigation for or charged with a violation 9490
of this article or Title 83, Mississippi Code of 1972, even if the 9491
person's license or registration has been surrendered or has 9492
lapsed by operation of law. 9493
(6) No licensee whose license has been revoked hereunder 9494
shall be entitled to file another application for a license as a 9495
producer within one (1) year from the effective date of such 9496
revocation or, if judicial review of such revocation is sought, 9497
within one (1) year from the date of final court order or decree 9498
affirming such revocation. Such application, when filed, may be 9499
refused by the commissioner unless the applicant shows good cause 9500
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 386 (aa\kr)

why the revocation of his license shall not be deemed a bar to the 9501
issuance of a new license. 9502
(7) Notwithstanding any other provision of this article to 9503
the contrary, a person licensed in this state as a nonresident 9504
producer whose license is denied, suspended or revoked in his or 9505
her home state shall also have his or her nonresident license 9506
denied, suspended or revoked in this state without prior notice or 9507
hearing. 9508
(8) From and after July 1, 2016, the expenses of this agency 9509
shall be defrayed by appropriation from the State General Fund and 9510
all user charges and fees authorized under this section shall be 9511
deposited into the State General Fund as authorized by law. 9512
(9) From and after July 1, 2016, no state agency shall 9513
charge another state agency a fee, assessment, rent or other 9514
charge for services or resources received by authority of this 9515
section. 9516
SECTION 115. Section 83-17-421, Mississippi Code of 1972, is 9517
amended as follows: 9518
83-17-421. (1) A license may be refused, or a license duly 9519
issued may be suspended or revoked or the renewal thereof refused 9520
by the commissioner if, after notice and hearing as hereinafter 9521
provided, he or she finds that the applicant for, or holder of, 9522
such license: 9523
(a) Has * * * willfully violated any provision of the 9524
insurance laws of this state; or 9525
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 387 (aa\kr)

(b) Has intentionally made a material misstatement in 9526
the application for such license; or 9527
(c) Has obtained, or attempted to obtain, such license 9528
by fraud or misrepresentation; or 9529
(d) Has misappropriated or converted to his or her own 9530
use or illegally withheld money belonging to an insurer or 9531
beneficiary; or 9532
(e) Has otherwise demonstrated lack of trustworthiness 9533
or competence to act as an adjuster; or 9534
(f) Has been guilty of fraudulent or dishonest 9535
practices or has been convicted of a * * * disqualifying crime as 9536
provided in the Fresh Act; or 9537
(g) Has materially misrepresented the terms and 9538
conditions of insurance policies or contracts; or * * * willfully 9539
exaggerated prospective returns on investment features of policies 9540
or fails to identify himself or herself as an adjuster and in so 9541
doing receives a compensation for his or her participation in the 9542
sale of insurance; or 9543
(h) Has made or issued, or caused to be made or issued, 9544
any statement misrepresenting or making incomplete comparisons 9545
regarding the terms or conditions of any insurance or annuity 9546
contract legally issued by any insurer, for the purpose of 9547
inducing or attempting to induce the owner of such contract to 9548
forfeit or surrender such contract or allow it to lapse for the 9549
purpose of replacing such contract with another; or 9550
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 388 (aa\kr)

(i) Has obtained or attempted to obtain such license, 9551
not for the purpose of holding himself or herself out to the 9552
general public as an adjuster, but primarily for the purpose of 9553
soliciting, negotiating or procuring insurance or annuity 9554
contracts covering himself or herself or members of his or her 9555
family. 9556
(2) Before any license shall be refused (except for failure 9557
to pass a required written examination) or suspended or revoked or 9558
the renewal thereof refused hereunder, the commissioner shall give 9559
notice of his or her intention so to do, by registered mail, to 9560
the applicant for or holder of such license and the insurer whom 9561
he or she represents or who desires that he or she be licensed, 9562
and shall set a date not less than twenty (20) days from the date 9563
of mailing such notice when the applicant or licensee and a duly 9564
authorized representative of the insurer may appear to be heard 9565
and produce evidence. Such notice shall constitute automatic 9566
suspension of license if the person involved is a licensed 9567
adjuster. In the conduct of such hearing, the commissioner or any 9568
regular salaried employee specially designated by him or her for 9569
such purpose shall have power to administer oaths, to require the 9570
appearance of and examine any person under oath and to require the 9571
production of books, records or papers relevant to the inquiry 9572
upon his or her own initiative or upon the request of the 9573
applicant or licensee. Upon the termination of such hearing, 9574
findings shall be reduced to writing and, upon approval by the 9575
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 389 (aa\kr)

commissioner, shall be filed in his or her office; and notice of 9576
the findings shall be sent by registered mail to the applicant or 9577
licensee and the insurer concerned. 9578
(3) Where the grounds set out in subsection (1)(d) or (1)(g) 9579
are the grounds for any hearing, the commissioner may, in his or 9580
her discretion in lieu of the hearing provided for in subsection 9581
(2) of this section, file a petition to suspend or revoke any 9582
license authorized hereunder in a court of competent jurisdiction 9583
of the county or district in which the alleged offense occurred. 9584
In such cases, subpoenas may be issued for witnesses, and mileage 9585
and witness fees paid as in other cases. All costs of such cause 9586
shall be paid by the defendant, if found guilty, and if costs 9587
cannot be made and collected from the defendant, such costs shall 9588
be assessed against the company issuing the contract involved in 9589
such cause. 9590
(4) No licensee whose license has been revoked hereunder 9591
shall be entitled to file another application for a license as an 9592
adjuster within one (1) year from the effective date of such 9593
revocation or, if judicial review of such revocation is sought, 9594
within one (1) year from the date of final court order or decree 9595
affirming such revocation. Such application, when filed, may be 9596
refused by the commissioner unless the applicant shows good cause 9597
why the revocation of his or her license shall not be deemed a bar 9598
to the issuance of a new license. 9599
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 390 (aa\kr)

SECTION 116. Section 83-17-519, Mississippi Code of 1972, is 9600
amended as follows: 9601
83-17-519. (1) A license may be refused, or a license duly 9602
issued may be suspended or revoked or the renewal thereof refused 9603
by the commissioner, or the commissioner may levy a civil penalty 9604
in an amount not to exceed Five Thousand Dollars ($5,000.00) per 9605
violation, or both, and any such penalty shall be deposited into 9606
the special fund of the State Treasury designated as the 9607
"Insurance Department Fund," if, after notice and hearing as 9608
hereinafter provided, he finds that the applicant for, or holder 9609
of, such license: 9610
(a) Has intentionally made a material misstatement in 9611
the application for such license; or 9612
(b) Has obtained, or attempted to obtain, such license 9613
by fraud or misrepresentation; or 9614
(c) Has misappropriated or converted to his own use or 9615
illegally withheld money belonging to another person or entity; or 9616
(d) Has otherwise demonstrated lack of trustworthiness 9617
or competence to act as a public adjuster; or 9618
(e) Has been guilty of fraudulent or dishonest 9619
practices or has been convicted of a * * * disqualifying crime as 9620
provided in the Fresh Start Act; or 9621
(f) Has materially misrepresented the terms and 9622
conditions of insurance policies or contracts or failed to 9623
identify himself as a public adjuster; or 9624
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 391 (aa\kr)

(g) Has obtained or attempted to obtain such license 9625
for a purpose other than holding himself out to the general public 9626
as a public adjuster; or 9627
(h) Has violated any insurance laws, or any regulation, 9628
subpoena or order of the commissioner or of another state's 9629
commissioner of insurance. 9630
(2) Before any license shall be refused (except for failure 9631
to pass a required written examination) or suspended or revoked or 9632
the renewal thereof refused hereunder, the commissioner shall give 9633
notice of his intention so to do, by certified mail, return 9634
receipt requested, to the applicant for or holder of such license, 9635
and shall set a date not less than twenty (20) days from the date 9636
of mailing such notice when the applicant or licensee may appear 9637
to be heard and produce evidence in opposition to such refusal, 9638
suspension or revocation. Such notice shall constitute automatic 9639
suspension of license if the person involved is a licensed public 9640
adjuster. In the conduct of such hearing, the commissioner or any 9641
regular salaried employee of the department specially designated 9642
by him for such purpose shall have the power to administer oaths, 9643
to require the appearance of and examine any person under oath, 9644
and to require the production of books, records or papers relevant 9645
to the inquiry upon his own initiative or upon the request of the 9646
applicant or licensee. Upon the termination of such hearing, 9647
findings shall be reduced to writing and, upon approval by the 9648
commissioner, shall be filed in his office; and notice of the 9649
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 392 (aa\kr)

findings shall be sent by certified mail, return receipt 9650
requested, to the applicant or licensee. 9651
(3) Where the grounds set out in subsection (1)(c) or (1)(f) 9652
of this section are the grounds for any hearing, the commissioner 9653
may, in his discretion in lieu of the hearing provided for in 9654
subsection (2) of this section, file a petition requesting the 9655
court to suspend or revoke any license authorized hereunder in a 9656
court of competent jurisdiction of the county or district in which 9657
the alleged offense occurred. In such cases, subpoenas may be 9658
issued for witnesses, and mileage and witness fees paid as in 9659
other cases. All costs of such cause shall be paid by the 9660
defendant, if the finding of the court be against him. 9661
(4) No licensee whose license has been revoked hereunder 9662
shall be entitled to file another application for a license as a 9663
public adjuster within one (1) year from the effective date of 9664
such revocation or, if judicial review of such revocation is 9665
sought, within one (1) year from the date of final court order or 9666
decree affirming such revocation. An application filed after such 9667
one-year period shall be refused by the commissioner unless the 9668
applicant shows good cause why the revocation of his license shall 9669
not be deemed a bar to the issuance of a new license. 9670
(5) From and after July 1, 2016, the expenses of this agency 9671
shall be defrayed by appropriation from the State General Fund and 9672
all user charges and fees authorized under this section shall be 9673
deposited into the State General Fund as authorized by law. 9674
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 393 (aa\kr)

(6) From and after July 1, 2016, no state agency shall 9675
charge another state agency a fee, assessment, rent or other 9676
charge for services or resources received by authority of this 9677
section. 9678
SECTION 117. Section 83-21-19, Mississippi Code of 1972, is 9679
amended as follows: 9680
83-21-19. (1) Surplus lines insurance may be placed by a 9681
surplus lines insurance producer if: 9682
(a) Each insurer is an eligible surplus lines insurer; 9683
(b) Each insurer is authorized to write the line of 9684
insurance in its domiciliary jurisdiction; and 9685
(c) All other requirements as set forth by law are met. 9686
(2) The Commissioner of Insurance, upon the biennial payment 9687
of a fee of One Hundred Dollars ($100.00) and submission of a 9688
completed license application on a form approved by the 9689
commissioner, may issue a surplus lines insurance producer license 9690
to a qualified holder of an insurance producer license with a 9691
property, casualty and/or personal lines line of authority, who is 9692
regularly commissioned to represent a fire and casualty insurance 9693
company licensed to do business in the state. 9694
(3) The privilege license shall continue from the date of 9695
issuance until the last day of the month of the licensee's 9696
birthday in the second year following issuance or renewal of the 9697
license, with a minimum term of twelve (12) months. 9698
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 394 (aa\kr)

(4) A nonresident person shall receive a surplus lines 9699
insurance producer license if: 9700
(a) The person is currently licensed as a surplus lines 9701
insurance producer or equivalent and in good standing in his or 9702
her home state; 9703
(b) The person has submitted the proper request for 9704
licensure and has paid the biennial fee of One Hundred Dollars 9705
($100.00); and 9706
(c) The person's home state awards nonresident surplus 9707
lines licenses to residents of this state on the same basis. 9708
(5) The commissioner may verify a person's licensing status 9709
through the National Producer Database maintained by the National 9710
Association of Insurance Commissioners, its affiliates or 9711
subsidiaries. 9712
(6) A nonresident surplus lines insurance producer licensee 9713
who moves from one (1) state to another state, or a resident 9714
surplus lines licensee who moves from this state to another state, 9715
shall file a change of address and provide certification from the 9716
new resident state within thirty (30) days of the change of legal 9717
residence. No fee or license application is required. 9718
(7) The commissioner may deny, suspend, revoke or refuse the 9719
license of a surplus lines insurance producer licensee and/or levy 9720
a civil penalty in an amount not to exceed Two Thousand Five 9721
Hundred Dollars ($2,500.00) per violation, after notice and 9722
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 395 (aa\kr)

hearing as provided hereunder, for one or more of the following 9723
grounds: 9724
(a) Providing incorrect, misleading, incomplete or 9725
materially untrue information in the license application; 9726
(b) Violating any insurance laws, or violating any 9727
regulation, subpoena or order of the commissioner or of another 9728
state's commissioner; 9729
(c) Obtaining or attempting to obtain a license through 9730
misrepresentation or fraud; 9731
(d) Improperly withholding, misappropriating or 9732
converting any monies or properties received in the course of 9733
doing the business of insurance; 9734
(e) Intentionally misrepresenting the terms of an 9735
actual or proposed insurance contract or application for 9736
insurance; 9737
(f) Having been convicted of a * * * disqualifying 9738
crime as provided in the Fresh Start Act; 9739
(g) Having admitted or been found to have committed any 9740
insurance unfair trade practice or fraud; 9741
(h) Using fraudulent, coercive or dishonest practices 9742
or demonstrating incompetence, untrustworthiness or financial 9743
irresponsibility in the conduct of business in this state or 9744
elsewhere; 9745
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 396 (aa\kr)

(i) Having an insurance producer license, or its 9746
equivalent, denied, suspended or revoked in any other state, 9747
province, district or territory; 9748
(j) Forging another's name to an application for 9749
insurance or to any document related to an insurance transaction; 9750
(k) Improperly using notes or any other reference 9751
material to complete an examination for an insurance license; 9752
(l) Knowingly accepting insurance business from an 9753
individual who is not licensed; 9754
(m) Failing to comply with an administrative or court 9755
order imposing a child support obligation; or 9756
(n) Failing to pay state income tax or comply with any 9757
administrative or court order directing payment of state income 9758
tax. 9759
(8) If the action by the commissioner is to nonrenew, 9760
suspend, revoke or to deny an application for a license, the 9761
commissioner shall notify the applicant or licensee and advise, in 9762
writing, the applicant or licensee of the reason for the denial or 9763
nonrenewal of the applicant's or licensee's license. The 9764
applicant or licensee may make written demand upon the 9765
commissioner within ten (10) days for a hearing before the 9766
commissioner to determine the reasonableness of the commissioner's 9767
action. The hearing shall be held within thirty (30) days. 9768
(9) Every surplus lines insurance contract procured and 9769
delivered according to Sections 83-21-17 through 83-21-31 shall 9770
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 397 (aa\kr)

have stamped upon it in bold ten-point type, and bear the name of 9771
the surplus lines insurance producer who procured it, the 9772
following: "NOTE: This insurance policy is issued pursuant to 9773
Mississippi law covering surplus lines insurance. The company 9774
issuing the policy is not licensed by the State of Mississippi, 9775
but is authorized to do business in Mississippi as a nonadmitted 9776
company. The policy is not protected by the Mississippi Insurance 9777
Guaranty Association in the event of the insurer's insolvency." 9778
No diminution of the license fee herein provided shall occur as to 9779
any license effective after January 1 of any year. 9780
SECTION 118. Section 83-49-11, Mississippi Code of 1972, is 9781
amended as follows: 9782
83-49-11. The commissioner may revoke or suspend or refuse 9783
to renew the license of any sponsor or representative of such 9784
sponsor when and if after investigation the commissioner finds 9785
that: 9786
(a) Any license issued to such sponsor or 9787
representative of such sponsor was obtained by fraud; 9788
(b) There was any misrepresentation in the application 9789
for the license; 9790
(c) The sponsor or representative of such sponsor has 9791
otherwise shown itself untrustworthy or incompetent to act as a 9792
sponsor or representative of such sponsor; 9793
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 398 (aa\kr)

(d) Such sponsor or representative of such sponsor has 9794
violated any of the provisions of this chapter or of the rules and 9795
regulations of the commissioner; 9796
(e) The sponsor or representative of such sponsor has 9797
misappropriated, converted, illegally withheld, or refused to pay 9798
over upon proper demand any monies entrusted to the sponsor or 9799
representative of such sponsor in its fiduciary capacity belonging 9800
to an insurer or insured; 9801
(f) The sponsor or representative of such sponsor is 9802
found to be in an unsound condition or in such condition as to 9803
render the future transaction of business in this state hazardous 9804
to the public; or 9805
(g) The sponsor or representative of such sponsor is 9806
found guilty of fraudulent, deceptive, unfair or dishonest 9807
practices as defined in Section 83-5-35 or 83-5-45, Mississippi 9808
Code of 1972, or has been convicted of a * * * disqualifying crime 9809
as provided in the Fresh Start Act. 9810
Before any license shall be refused, suspended, revoked or 9811
the renewal thereof refused hereunder, the commissioner shall give 9812
notice of his intention so to do, by certified mail, return 9813
receipt requested, to the applicant for or holder of such license 9814
and to any sponsor whom such representative represents or who 9815
desires that he be licensed, and shall set a date not less than 9816
twenty (20) days from the date of mailing such notice when the 9817
applicant or licensee and a duly authorized representative of the 9818
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 399 (aa\kr)

sponsor may appear to be heard and produce evidence. In the 9819
conduct of such hearing, the commissioner or any regular salaried 9820
employee specially designated by him for such purposes shall have 9821
power to administer oaths, to require the appearance of and 9822
examine any person under oath, and to require the production of 9823
books, records or papers relevant to the inquiry upon his own 9824
initiative or upon the request of the applicant or licensee. Upon 9825
the termination of such hearing, findings shall be reduced to 9826
writing and, upon approval by the commissioner, shall be filed in 9827
his office; and notice of the findings shall be sent by certified 9828
mail to the applicant or licensee and the sponsor concerned. 9829
No licensee whose license has been revoked hereunder shall be 9830
entitled to file another application for a license as a sponsor or 9831
a representative of any sponsor within one (1) year from the 9832
effective date of such revocation. Such application, when filed, 9833
may be refused by the commissioner unless the applicant shows good 9834
cause why the revocation of his license shall not be deemed a bar 9835
to the issuance of a new license. 9836
In lieu of revoking, suspending or refusing to renew the 9837
license for any of the causes enumerated in this section, after 9838
hearing as herein provided, the commissioner may place the sponsor 9839
on probation for a period of time not to exceed one (1) year, or 9840
may fine such sponsor not more than One Thousand Dollars 9841
($1,000.00) for each offense, or both, when in his judgment he 9842
finds that the public interest would not be harmed by the 9843
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 400 (aa\kr)

continued operation of the sponsor. The amount of any such 9844
penalty shall be paid by such sponsor to the commissioner for the 9845
use of the state. At any hearing provided by this section, the 9846
commissioner shall have authority to administer oaths to 9847
witnesses. Anyone testifying falsely, after having been 9848
administered such oath, shall be subject to the penalty of 9849
perjury. 9850
Any action of the commissioner taken pursuant to the 9851
provisions of this section shall be subject to review as may be 9852
provided in Section 83-17-125. 9853
SECTION 119. Section 97-33-315, Mississippi Code of 1972, is 9854
amended as follows: 9855
97-33-315. (1) The executive director shall make 9856
appropriate investigations: 9857
(a) To determine whether there has been any violation 9858
of Sections 97-33-301 through 97-33-317 or of any regulations 9859
adopted thereunder. 9860
(b) To determine any facts, conditions, practices or 9861
matters which it may deem necessary or proper to aid in the 9862
enforcement of any such law or regulation. 9863
(c) To aid in adopting regulations. 9864
(d) To secure information as a basis for recommending 9865
legislation relating to Sections 97-33-301 through 97-33-317. 9866
(e) To determine annual compliance with Sections 9867
97-33-301 through 97-33-317. 9868
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 401 (aa\kr)

(2) If after any investigation the executive director is 9869
satisfied that a license should be limited, conditioned, suspended 9870
or revoked, he shall initiate a hearing by filing a complaint with 9871
the commission and transmit therewith a summary of evidence in his 9872
possession bearing on the matter and the transcript of testimony 9873
at any investigative hearing conducted by or on behalf of the 9874
executive director to the licensee. 9875
(3) Upon receipt of the complaint of the executive director, 9876
the commission shall review all matter presented in support 9877
thereof and shall appoint a hearing examiner to conduct further 9878
proceedings. 9879
(4) After proceedings required by Sections 97-33-301 through 9880
97-33-317, the hearing examiner may recommend that the commission 9881
take any or all of the following actions: 9882
(a) As to operations at a licensed gaming establishment 9883
under Section 97-33-307(5): 9884
(i) Limit, condition, suspend or revoke the 9885
license of any licensed gaming establishment or the individual 9886
license of any licensee without affecting the license of the 9887
establishment; and 9888
(ii) Order an operator to exclude an individual 9889
licensee from the operation of the registered business or not to 9890
pay the licensee any remuneration for services or any profits, 9891
income or accruals on his investment in the licensed gaming 9892
establishment; 9893
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 402 (aa\kr)

(b) Limit, condition, suspend or revoke any license 9894
granted to any applicant by the commission; 9895
(c) Fine each licensee for any act or transaction for 9896
which commission approval was required or permitted, as provided 9897
in Section 97-33-309. 9898
(5) The hearing examiner shall prepare a written decision 9899
containing his recommendation to the commission and shall serve it 9900
on all parties. Any party disagreeing with the hearing examiner's 9901
recommendation may ask the commission to review the recommendation 9902
within ten (10) days of service of the recommendation. The 9903
commission may hold a hearing to consider the recommendation 9904
whether there has been a request to review the recommendation or 9905
not. 9906
(6) If the commission decides to review the recommendation, 9907
it shall give notice of that fact to all parties within thirty 9908
(30) days of the recommendation and shall schedule a hearing to 9909
review the recommendation. The commission's review shall be de 9910
novo but shall be based upon the evidence presented before the 9911
hearing examiner. The commission may remand the case to the 9912
hearing examiner for the presentation of additional evidence upon 9913
a showing of good cause why the evidence could not have been 9914
presented at the previous hearing. 9915
(7) If the commission does not decide to review the 9916
recommendation within thirty (30) days, the recommendation becomes 9917
the final order of the commission. 9918
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 403 (aa\kr)

(8) If the commission limits, conditions, suspends or 9919
revokes any license, or imposes a fine, it shall issue its written 9920
order therefor after causing to be prepared and filed the hearing 9921
examiner's written decision upon which the order is based. 9922
(9) Any limitation, condition, revocation, suspension or 9923
fine is effective until reversed upon judicial review, except that 9924
the commission may stay its order pending a rehearing or judicial 9925
review upon such terms and conditions as it deems proper. 9926
(10) Judicial review of an order or decision of the 9927
commission may be had to the Chancery Court of the First Judicial 9928
District of Hinds County, Mississippi, as a case in equity. 9929
(11) A license * * * may be revoked if the individual is 9930
convicted of a * * * disqualifying crime as provided in the Fresh 9931
Start Act. An appeal from the conviction shall not act as a 9932
supersedeas to the revocation required by this subsection. 9933
SECTION 120. Section 73-66-17, Mississippi Code of 1972, is 9934
amended as follows: 9935
73-66-17. (1) The board may sanction a licensee for any of 9936
the following acts: 9937
(a) Ineligibility for licensure, including, but not 9938
limited to, falsification of information submitted for licensure 9939
or failure to maintain status as a board-certified music 9940
therapist; 9941
(b) Failure to pay fees when due; 9942
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 404 (aa\kr)

(c) Failure to provide requested information in a 9943
timely manner; 9944
(d) Conviction of a * * * disqualifying crime as 9945
provided in the Fresh Start Act; 9946
(e) Conviction of any crime that reflects an inability 9947
to practice music therapy with due regard for the health and 9948
safety of clients and patients, or with due regard for the truth 9949
in filing claims with Medicare, Medicaid or any third-party payor; 9950
(f) Inability or failure to practice music therapy with 9951
reasonable skill and consistent with the welfare of clients and 9952
patients, including, but not limited to, negligence in the 9953
practice of music therapy; intoxication; incapacity; and abuse of 9954
or engaging in sexual contact with a client or patient; and 9955
(g) Disciplinary action by another jurisdiction. 9956
(2) The department is authorized to conduct investigations 9957
into allegations of conduct described in subsection (1) of this 9958
section. 9959
(3) The board may impose one or more of the following 9960
sanctions upon a licensee for a violation of this chapter: 9961
(a) Suspension of a license; 9962
(b) Revocation of a license; 9963
(c) Denial of a license; 9964
(d) Refusal to renew a license; 9965
(e) Probation with conditions; 9966
(f) Reprimand; or 9967
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 405 (aa\kr)

(g) A fine of not less than One Hundred Dollars 9968
($100.00) or more than One Thousand Dollars ($1,000.00) for each 9969
violation. 9970
SECTION 121. Section 73-15-201, Mississippi Code of 1972, is 9971
brought forward as follows: 9972
73-15-201. The Nurse Licensure Compact is enacted into law 9973
and entered into by this state with any and all states legally 9974
joining in the compact in accordance with its term, in the form 9975
substantially as follows: 9976
ARTICLE I. 9977
Findings and declaration of purpose. 9978
(a) The party states find that: 9979
1. The health and safety of the public are 9980
affected by the degree of compliance with and the effectiveness of 9981
enforcement activities related to state nurse licensure laws; 9982
2. Violations of nurse licensure and other laws 9983
regulating the practice of nursing may result in injury or harm to 9984
the public; 9985
3. The expanded mobility of nurses and the use of 9986
advanced communication technologies as part of our nation's health 9987
care delivery system require greater coordination and cooperation 9988
among states in the areas of nurse licensure and regulation; 9989
4. New practice modalities and technology make 9990
compliance with individual state nurse licensure laws difficult 9991
and complex; 9992
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 406 (aa\kr)

5. The current system of duplicative licensure for 9993
nurses practicing in multiple states is cumbersome and redundant 9994
for both nurses and states; and 9995
6. Uniformity of nurse licensure requirements 9996
throughout the states promotes public safety and public health 9997
benefits. 9998
(b) The general purposes of this compact are to: 9999
1. Facilitate the states' responsibility to 10000
protect the public's health and safety; 10001
2. Ensure and encourage the cooperation of party 10002
states in the areas of nurse licensure and regulation; 10003
3. Facilitate the exchange of information between 10004
party states in the areas of nurse regulation, investigation and 10005
adverse actions; 10006
4. Promote compliance with the laws governing the 10007
practice of nursing in each jurisdiction; 10008
5. Invest all party states with the authority to 10009
hold a nurse accountable for meeting all state practice laws in 10010
the state in which the patient is located at the time care is 10011
rendered through the mutual recognition of party state licenses; 10012
6. Decrease redundancies in the consideration and 10013
issuance of nurse licenses; and 10014
7. Provide opportunities for interstate practice 10015
by nurses who meet uniform licensure requirements. 10016
ARTICLE II. 10017
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 407 (aa\kr)

Definitions. 10018
As used in this compact: 10019
(a) "Adverse action" means any administrative, civil, 10020
equitable or criminal action permitted by a state's laws which is 10021
imposed by a licensing board or other authority against a 10022
nurse, including actions against an individual's license or 10023
multistate licensure privilege such as revocation, suspension, 10024
probation, monitoring of the licensee, limitation on the 10025
licensee's practice, or any other encumbrance on licensure 10026
affecting a nurse's authorization to practice, including issuance 10027
of a cease and desist action. 10028
(b) "Alternative program" means a nondisciplinary 10029
monitoring program approved by a licensing board. 10030
(c) "Coordinated licensure information system" means an 10031
integrated process for collecting, storing and sharing information 10032
on nurse licensure and enforcement activities related to nurse 10033
licensure laws that is administered by a nonprofit organization 10034
composed of and controlled by licensing boards. 10035
(d) "Current significant investigative information" 10036
means: 10037
1. Investigative information that a licensing 10038
board, after a preliminary inquiry that includes notification and 10039
an opportunity for the nurse to respond, if required by state law, 10040
has reason to believe is not groundless and, if proved true, would 10041
indicate more than a minor infraction; or 10042
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 408 (aa\kr)

2. Investigative information that indicates that 10043
the nurse represents an immediate threat to public health and 10044
safety regardless of whether the nurse has been notified and had 10045
an opportunity to respond. 10046
(e) "Encumbrance" means a revocation or suspension of, 10047
or any limitation on, the full and unrestricted practice of 10048
nursing imposed by a licensing board. 10049
(f) "Home state" means the party state which is the 10050
nurse's primary state of residence. 10051
(g) "Licensing board" means a party state's regulatory 10052
body responsible for issuing nurse licenses. 10053
(h) "Multistate license" means a license to practice as 10054
a registered or a licensed practical/vocational nurse (LPN/VN) 10055
issued by a home state licensing board that authorizes the 10056
licensed nurse to practice in all party states under a multistate 10057
licensure privilege. 10058
(i) "Multistate licensure privilege" means a legal 10059
authorization associated with a multistate license permitting the 10060
practice of nursing as either a registered nurse (RN) or LPN/VN in 10061
a remote state. 10062
(j) "Nurse" means RN or LPN/VN, as those terms are 10063
defined by each party state's practice laws. 10064
(k) "Party state" means any state that has adopted this 10065
compact. 10066
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 409 (aa\kr)

(l) "Remote state" means a party state, other than the 10067
home state. 10068
(m) "Single-state license" means a nurse license issued 10069
by a party state that authorizes practice only within the issuing 10070
state and does not include a multistate licensure privilege to 10071
practice in any other party state. 10072
(n) "State" means a state, territory or possession of 10073
the United States and the District of Columbia. 10074
(o) "State practice laws" means a party state's laws, 10075
rules and regulations that govern the practice of nursing, define 10076
the scope of nursing practice, and create the methods and grounds 10077
for imposing discipline. "State practice laws" do not include 10078
requirements necessary to obtain and retain a license, except for 10079
qualifications or requirements of the home state. 10080
ARTICLE III. 10081
General provisions and jurisdiction. 10082
(a) A multistate license to practice registered or 10083
licensed practical/vocational nursing issued by a home state to a 10084
resident in that state will be recognized by each party state as 10085
authorizing a nurse to practice as a registered nurse (RN) or as a 10086
licensed practical/vocational nurse (LPN/VN), under a multistate 10087
licensure privilege, in each party state. 10088
(b) A state must implement procedures for considering 10089
the criminal history records of applicants for initial multistate 10090
license or licensure by endorsement. Such procedures shall 10091
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 410 (aa\kr)

include the submission of fingerprints or other biometric-based 10092
information by applicants for the purpose of obtaining an 10093
applicant's criminal history record information from the Federal 10094
Bureau of Investigation and the agency responsible for retaining 10095
that state's criminal records. 10096
(c) Each party state shall require the following for an 10097
applicant to obtain or retain a multistate license in the home 10098
state: 10099
1. Meets the home state's qualifications for 10100
licensure or renewal of licensure, as well as, all other 10101
applicable state laws; 10102
2. (i) Has graduated or is eligible to graduate 10103
from a licensing board-approved RN or LPN/VN prelicensure 10104
education program; or 10105
(ii) Has graduated from a foreign RN or 10106
LPN/VN prelicensure education program that (a) has been approved 10107
by the authorized accrediting body in the applicable country and 10108
(b) has been verified by an independent credentials review agency 10109
to be comparable to a licensing board-approved prelicensure 10110
education program; 10111
3. Has, if a graduate of a foreign prelicensure 10112
education program not taught in English or if English is not the 10113
individual's native language, successfully passed an English 10114
proficiency examination that includes the components of reading, 10115
speaking, writing and listening; 10116
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 411 (aa\kr)

4. Has successfully passed a National Council 10117
Licensure Examination-Registered Nurse (NCLEX-RN®) or National 10118
Council Licensure Examination-Practical Nurse (NCLEX-PN®) 10119
Examination or recognized predecessor, as applicable; 10120
5. Is eligible for or holds an active, 10121
unencumbered license; 10122
6. Has submitted, in connection with an 10123
application for initial licensure or licensure by endorsement, 10124
fingerprints or other biometric data for the purpose of obtaining 10125
criminal history record information from the Federal Bureau of 10126
Investigation and the agency responsible for retaining that 10127
state's criminal records; 10128
7. Has not been convicted or found guilty, or has 10129
entered into an agreed disposition, of a felony offense under 10130
applicable state or federal criminal law; 10131
8. Has not been convicted or found guilty, or has 10132
entered into an agreed disposition, of a misdemeanor offense 10133
related to the practice of nursing as determined on a case-by-case 10134
basis; 10135
9. Is not currently enrolled in an alternative 10136
program; 10137
10. Is subject to self-disclosure requirements 10138
regarding current participation in an alternative program; and 10139
11. Has a valid United States social security 10140
number. 10141
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 412 (aa\kr)

(d) All party states shall be authorized, in accordance 10142
with existing state due process law, to take adverse action 10143
against a nurse's multistate licensure privilege such as 10144
revocation, suspension, probation or any other action that affects 10145
a nurse's authorization to practice under a multistate licensure 10146
privilege, including cease and desist actions. If a party state 10147
takes such action, it shall promptly notify the administrator of 10148
the coordinated licensure information system. The administrator 10149
of the coordinated licensure information system shall promptly 10150
notify the home state of any such actions by remote states. 10151
(e) A nurse practicing in a party state must comply 10152
with the state practice laws of the state in which the client is 10153
located at the time service is provided. The practice of nursing 10154
is not limited to patient care, but shall include all nursing 10155
practice as defined by the state practice laws of the party state 10156
in which the client is located. The practice of nursing in a 10157
party state under a multistate licensure privilege will subject a 10158
nurse to the jurisdiction of the licensing board, the courts and 10159
the laws of the party state in which the client is located at the 10160
time service is provided. 10161
(f) Individuals not residing in a party state shall 10162
continue to be able to apply for a party state's single-state 10163
license as provided under the laws of each party state. However, 10164
the single-state license granted to these individuals will not be 10165
recognized as granting the privilege to practice nursing in any 10166
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 413 (aa\kr)

other party state. Nothing in this compact shall affect the 10167
requirements established by a party state for the issuance of a 10168
single-state license. 10169
(g) Any nurse holding a home state multistate license, 10170
on the effective date of this compact, may retain and renew the 10171
multistate license issued by the nurse's then-current home state, 10172
provided that: 10173
1. A nurse, who changes primary state of residence 10174
after this compact's effective date, must meet all applicable 10175
Article III(c) requirements to obtain a multistate license from a 10176
new home state. 10177
2. A nurse who fails to satisfy the multistate 10178
licensure requirements in subsection (c) of this article due to a 10179
disqualifying event occurring after this compact's effective date 10180
shall be ineligible to retain or renew a multistate license, and 10181
the nurse's multistate license shall be revoked or deactivated in 10182
accordance with applicable rules adopted by the Interstate 10183
Commission of Nurse Licensure Compact Administrators 10184
("commission"). 10185
ARTICLE IV. 10186
Applications for licensure in a party state. 10187
(a) Upon application for a multistate license, the 10188
licensing board in the issuing party state shall ascertain, 10189
through the coordinated licensure information system, whether the 10190
applicant has ever held, or is the holder of, a license issued by 10191
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 414 (aa\kr)

any other state, whether there are any encumbrances on any license 10192
or multistate licensure privilege held by the applicant, whether 10193
any adverse action has been taken against any license or 10194
multistate licensure privilege held by the applicant and whether 10195
the applicant is currently participating in an alternative 10196
program. 10197
(b) A nurse may hold a multistate license, issued by 10198
the home state, in only one (1) party state at a time. 10199
(c) If a nurse changes primary state of residence by 10200
moving between two (2) party states, the nurse must apply for 10201
licensure in the new home state, and the multistate license issued 10202
by the prior home state will be deactivated in accordance with 10203
applicable rules adopted by the commission. 10204
1. The nurse may apply for licensure in advance of 10205
a change in primary state of residence. 10206
2. A multistate license shall not be issued by the 10207
new home state until the nurse provides satisfactory evidence of a 10208
change in primary state of residence to the new home state and 10209
satisfies all applicable requirements to obtain a multistate 10210
license from the new home state. 10211
(d) If a nurse changes primary state of residence by 10212
moving from a party state to a nonparty state, the multistate 10213
license issued by the prior home state will convert to a 10214
single-state license, valid only in the former home state. 10215
ARTICLE V. 10216
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 415 (aa\kr)

Additional authorities invested in party state licensing boards. 10217
(a) In addition to the other powers conferred by state 10218
law, a licensing board shall have the authority to: 10219
1. Take adverse action against a nurse's 10220
multistate licensure privilege to practice within that party 10221
state. 10222
(i) Only the home state shall have the power 10223
to take adverse action against a nurse's license issued by the 10224
home state. 10225
(ii) For purposes of taking adverse action, 10226
the home state licensing board shall give the same priority and 10227
effect to reported conduct received from a remote state as it 10228
would if such conduct had occurred within the home state. 10229
In so doing, the home state shall apply its own state laws to 10230
determine appropriate action. 10231
2. Issue cease and desist orders or impose an 10232
encumbrance on a nurse's authority to practice within that party 10233
state. 10234
3. Complete any pending investigations of a nurse 10235
who changes primary state of residence during the course of such 10236
investigations. The licensing board shall also have the authority 10237
to take appropriate action(s) and shall promptly report the 10238
conclusions of such investigations to the administrator of the 10239
coordinated licensure information system. The administrator of 10240
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 416 (aa\kr)

the coordinated licensure information system shall promptly notify 10241
the new home state of any such actions. 10242
4. Issue subpoenas for both hearings and 10243
investigations that require the attendance and testimony of 10244
witnesses, as well as, the production of evidence. 10245
Subpoenas issued by a licensing board in a party state for 10246
the attendance and testimony of witnesses or the production of 10247
evidence from another party state shall be enforced in the latter 10248
state by any court of competent jurisdiction, according to the 10249
practice and procedure of that court applicable to subpoenas 10250
issued in proceedings pending before it. The issuing authority 10251
shall pay any witness fees, travel expenses, mileage and other 10252
fees required by the service statutes of the state in which the 10253
witnesses or evidence are located. 10254
5. Obtain and submit, for each nurse licensure 10255
applicant, fingerprint or other biometric-based information to the 10256
Federal Bureau of Investigation for criminal background checks, 10257
receive the results of the Federal Bureau of Investigation record 10258
search on criminal background checks and use the results in making 10259
licensure decisions. 10260
6. If otherwise permitted by state law, recover 10261
from the affected nurse the costs of investigations and 10262
disposition of cases resulting from any adverse action taken 10263
against that nurse. 10264
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 417 (aa\kr)

7. Take adverse action based on the factual 10265
findings of the remote state, provided that the licensing board 10266
follows its own procedures for taking such adverse action. 10267
(b) If adverse action is taken by the home state 10268
against a nurse's multistate license, the nurse's multistate 10269
licensure privilege to practice in all other party states shall be 10270
deactivated until all encumbrances have been removed from the 10271
multistate license. All home state disciplinary orders that 10272
impose adverse action against a nurse's multistate license shall 10273
include a statement that the nurse's multistate licensure 10274
privilege is deactivated in all party states during the pendency 10275
of the order. 10276
(c) Nothing in this compact shall override a party 10277
state's decision that participation in an alternative program may 10278
be used in lieu of adverse action. The home state licensing board 10279
shall deactivate the multistate licensure privilege under the 10280
multistate license of any nurse for the duration of the nurse's 10281
participation in an alternative program. 10282
ARTICLE VI. 10283
Coordinated licensure information system and exchange of 10284
information. 10285
(a) All party states shall participate in a coordinated 10286
licensure information system of all licensed registered nurses 10287
(RNs) and licensed practical/vocational nurses (LPNs/VNs). This 10288
system will include information on the licensure and disciplinary 10289
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 418 (aa\kr)

history of each nurse, as submitted by party states, to assist in 10290
the coordination of nurse licensure and enforcement efforts. 10291
(b) The commission, in consultation with the 10292
administrator of the coordinated licensure information system, 10293
shall formulate necessary and proper procedures for the 10294
identification, collection and exchange of information under this 10295
compact. 10296
(c) All licensing boards shall promptly report to the 10297
coordinated licensure information system any adverse action, any 10298
current significant investigative information, denials of 10299
applications (with the reasons for such denials) and nurse 10300
participation in alternative programs known to the licensing board 10301
regardless of whether such participation is deemed nonpublic or 10302
confidential under state law. 10303
(d) Current significant investigative information and 10304
participation in nonpublic or confidential alternative programs 10305
shall be transmitted through the coordinated licensure information 10306
system only to party state licensing boards. 10307
(e) Notwithstanding any other provision of law, all 10308
party state licensing boards contributing information to the 10309
coordinated licensure information system may designate information 10310
that may not be shared with nonparty states or disclosed to other 10311
entities or individuals without the express permission of the 10312
contributing state. 10313
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 419 (aa\kr)

(f) Any personally identifiable information obtained 10314
from the coordinated licensure information system by a party state 10315
licensing board shall not be shared with nonparty states or 10316
disclosed to other entities or individuals except to the extent 10317
permitted by the laws of the party state contributing the 10318
information. 10319
(g) Any information contributed to the coordinated 10320
licensure information system that is subsequently required to be 10321
expunged by the laws of the party state contributing that 10322
information shall also be expunged from the coordinated licensure 10323
information system. 10324
(h) The compact administrator of each party state shall 10325
furnish a uniform data set to the compact administrator of each 10326
other party state, which shall include, at a minimum: 10327
1. Identifying information; 10328
2. Licensure data; 10329
3. Information related to alternative program 10330
participation; and 10331
4. Other information that may facilitate the 10332
administration of this compact, as determined by commission rules. 10333
(i) The compact administrator of a party state shall 10334
provide all investigative documents and information requested by 10335
another party state. 10336
ARTICLE VII. 10337
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 420 (aa\kr)

Establishment of the Interstate Commission of Nurse Licensure 10338
Compact administrators. 10339
(a) The party states hereby create and establish a 10340
joint public entity known as the Interstate Commission of Nurse 10341
Licensure Compact Administrators. 10342
1. The commission is an instrumentality of the 10343
party states. 10344
2. Venue is proper, and judicial proceedings by or 10345
against the commission shall be brought solely and exclusively, in 10346
a court of competent jurisdiction where the principal office of 10347
the commission is located. The commission may waive venue and 10348
jurisdictional defenses to the extent it adopts or consents to 10349
participate in alternative dispute resolution proceedings. 10350
3. Nothing in this compact shall be construed to 10351
be a waiver of sovereign immunity. 10352
(b) Membership, voting and meetings. 10353
1. Each party state shall have and be limited to 10354
one (1) administrator. The head of the state licensing board or 10355
designee shall be the administrator of this compact for each party 10356
state. Any administrator may be removed or suspended from office 10357
as provided by the law of the state from which the administrator 10358
is appointed. Any vacancy occurring in the commission shall be 10359
filled in accordance with the laws of the party state in which the 10360
vacancy exists. 10361
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 421 (aa\kr)

2. Each administrator shall be entitled to one (1) 10362
vote with regard to the promulgation of rules and creation of 10363
bylaws and shall otherwise have an opportunity to participate in 10364
the business and affairs of the commission. An administrator 10365
shall vote in person or by such other means as provided in the 10366
bylaws. The bylaws may provide for an administrator's 10367
participation in meetings by telephone or other means of 10368
communication. 10369
3. The commission shall meet at least once during 10370
each calendar year. 10371
Additional meetings shall be held as set forth in the bylaws 10372
or rules of the commission. 10373
4. All meetings shall be open to the public, and 10374
public notice of meetings shall be given in the same manner as 10375
required under the rulemaking provisions in Article VIII. 10376
5. The commission may convene in a closed, 10377
nonpublic meeting if the commission must discuss: 10378
(i) Noncompliance of a party state with its 10379
obligations under this compact; 10380
(ii) The employment, compensation, discipline 10381
or other personnel matters, practices or procedures related to 10382
specific employees or other matters related to the commission's 10383
internal personnel practices and procedures; 10384
(iii) Current, threatened or reasonably 10385
anticipated litigation; 10386
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 422 (aa\kr)

(iv) Negotiation of contracts for the 10387
purchase or sale of goods, services or real estate; 10388
(v) Accusing any person of a crime or 10389
formally censuring any person; 10390
(vi) Disclosure of trade secrets or 10391
commercial or financial information that is privileged or 10392
confidential; 10393
(vii) Disclosure of information of a personal 10394
nature where disclosure would constitute a clearly unwarranted 10395
invasion of personal privacy; 10396
(viii) Disclosure of investigatory records 10397
compiled for law enforcement purposes; 10398
(ix) Disclosure of information related to any 10399
reports prepared by or on behalf of the commission for the purpose 10400
of investigation of compliance with this compact; or 10401
(x) Matters specifically exempted from 10402
disclosure by federal or state statute. 10403
6. If a meeting, or portion of a meeting, is 10404
closed pursuant to this provision, the commission's legal counsel 10405
or designee shall certify that the meeting may be closed and shall 10406
reference each relevant exempting provision. The commission shall 10407
keep minutes that fully and clearly describe all matters discussed 10408
in a meeting and shall provide a full and accurate summary of 10409
actions taken, and the reasons therefor, including a description 10410
of the views expressed. All documents considered in connection 10411
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 423 (aa\kr)

with an action shall be identified in such minutes. All minutes 10412
and documents of a closed meeting shall remain under seal, subject 10413
to release by a majority vote of the commission or order of a 10414
court of competent jurisdiction. 10415
(c) The commission shall, by a majority vote of the 10416
administrators, prescribe bylaws or rules to govern its conduct as 10417
may be necessary or appropriate to carry out the purposes and 10418
exercise the powers of this compact, including, but not limited 10419
to: 10420
1. Establishing the fiscal year of the commission; 10421
2. Providing reasonable standards and procedures: 10422
(i) For the establishment and meetings of 10423
other committees; and 10424
(ii) Governing any general or specific 10425
delegation of any authority or function of the commission; 10426
3. Providing reasonable procedures for calling and 10427
conducting meetings of the commission, ensuring reasonable advance 10428
notice of all meetings and providing an opportunity for attendance 10429
of such meetings by interested parties, with enumerated exceptions 10430
designed to protect the public's interest, the privacy of 10431
individuals, and proprietary information, including trade secrets. 10432
The commission may meet in closed session only after a majority of 10433
the administrators vote to close a meeting in whole or in part. 10434
As soon as practicable, the commission must make public a copy of 10435
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 424 (aa\kr)

the vote to close the meeting revealing the vote of each 10436
administrator, with no proxy votes allowed; 10437
4. Establishing the titles, duties and authority 10438
and reasonable procedures for the election of the officers of the 10439
commission; 10440
5. Providing reasonable standards and procedures 10441
for the establishment of the personnel policies and programs of 10442
the commission. Notwithstanding any civil service or other 10443
similar laws of any party state, the bylaws shall exclusively 10444
govern the personnel policies and programs of the commission; and 10445
6. Providing a mechanism for winding up the 10446
operations of the commission and the equitable disposition of any 10447
surplus funds that may exist after the termination of this compact 10448
after the payment or reserving of all of its debts and 10449
obligations; 10450
(d) The commission shall publish its bylaws and rules, 10451
and any amendments thereto, in a convenient form on the website of 10452
the commission. 10453
(e) The commission shall maintain its financial records 10454
in accordance with the bylaws. 10455
(f) The commission shall meet and take such actions as 10456
are consistent with the provisions of this compact and the bylaws. 10457
(g) The commission shall have the following powers: 10458
1. To promulgate uniform rules to facilitate and 10459
coordinate implementation and administration of this compact. The 10460
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 425 (aa\kr)

rules shall have the force and effect of law and shall be binding 10461
in all party states; 10462
2. To bring and prosecute legal proceedings or 10463
actions in the name of the commission, provided that the standing 10464
of any licensing board to sue or be sued under applicable law 10465
shall not be affected; 10466
3. To purchase and maintain insurance and bonds; 10467
4. To borrow, accept or contract for services of 10468
personnel, including, but not limited to, employees of a party 10469
state or nonprofit organizations; 10470
5. To cooperate with other organizations that 10471
administer state compacts related to the regulation of nursing, 10472
including, but not limited to, sharing administrative or staff 10473
expenses, office space or other resources; 10474
6. To hire employees, elect or appoint officers, 10475
fix compensation, define duties, grant such individuals 10476
appropriate authority to carry out the purposes of this compact, 10477
and to establish the commission's personnel policies and programs 10478
relating to conflicts of interest, qualifications of personnel and 10479
other related personnel matters; 10480
7. To accept any and all appropriate donations, 10481
grants and gifts of money, equipment, supplies, materials and 10482
services, and to receive, utilize and dispose of the same; 10483
provided that at all times the commission shall avoid any 10484
appearance of impropriety or conflict of interest; 10485
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 426 (aa\kr)

8. To lease, purchase, accept appropriate gifts or 10486
donations of, or otherwise to own, hold, improve or use, any 10487
property, whether real, personal or mixed; provided that at all 10488
times the commission shall avoid any appearance of impropriety; 10489
9. To sell, convey, mortgage, pledge, lease, 10490
exchange, abandon or otherwise dispose of any property, whether 10491
real, personal or mixed; 10492
10. To establish a budget and make expenditures; 10493
11. To borrow money; 10494
12. To appoint committees, including advisory 10495
committees comprised of administrators, state nursing regulators, 10496
state legislators or their representatives, and consumer 10497
representatives, and other such interested persons; 10498
13. To provide and receive information from, and 10499
to cooperate with, law enforcement agencies; 10500
14. To adopt and use an official seal; and 10501
15. To perform such other functions as may be 10502
necessary or appropriate to achieve the purposes of this compact 10503
consistent with the state regulation of nurse licensure and 10504
practice. 10505
(h) Financing of the commission. 10506
1. The commission shall pay, or provide for the 10507
payment of, the reasonable expenses of its establishment, 10508
organization and ongoing activities. 10509
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 427 (aa\kr)

2. The commission may also levy on and collect an 10510
annual assessment from each party state to cover the cost of its 10511
operations, activities and staff in its annual budget as approved 10512
each year. The aggregate annual assessment amount, if any, shall 10513
be allocated based upon a formula to be determined by the 10514
commission, which shall promulgate a rule that is binding upon all 10515
party states. 10516
3. The commission shall not incur obligations of 10517
any kind prior to securing the funds adequate to meet the same; 10518
nor shall the commission pledge the credit of any of the party 10519
states, except by, and with the authority of, such party state. 10520
4. The commission shall keep accurate accounts of 10521
all receipts and disbursements. The receipts and disbursements of 10522
the commission shall be subject to the audit and accounting 10523
procedures established under its bylaws. However, all receipts 10524
and disbursements of funds handled by the commission shall be 10525
audited yearly by a certified or licensed public accountant, and 10526
the report of the audit shall be included in and become part of 10527
the annual report of the commission. 10528
(i) Qualified immunity, defense and indemnification. 10529
1. The administrators, officers, executive 10530
director, employees and representatives of the commission shall be 10531
immune from suit and liability, either personally or in their 10532
official capacity, for any claim for damage to or loss of property 10533
or personal injury or other civil liability caused by or arising 10534
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 428 (aa\kr)

out of any actual or alleged act, error or omission that occurred, 10535
or that the person against whom the claim is made had a reasonable 10536
basis for believing occurred, within the scope of commission 10537
employment, duties or responsibilities; provided that nothing in 10538
this paragraph shall be construed to protect any such person from 10539
suit or liability for any damage, loss, injury or liability caused 10540
by the intentional, willful or wanton misconduct of that person. 10541
2. The commission shall defend any administrator, 10542
officer, executive director, employee or representative of the 10543
commission in any civil action seeking to impose liability arising 10544
out of any actual or alleged act, error or omission that occurred 10545
within the scope of commission employment, duties or 10546
responsibilities, or that the person against whom the claim is 10547
made had a reasonable basis for believing occurred within the 10548
scope of commission employment, duties or responsibilities; 10549
provided that nothing herein shall be construed to prohibit that 10550
person from retaining his or her own counsel; and provided further 10551
that the actual or alleged act, error or omission did not result 10552
from that person's intentional, willful or wanton misconduct. 10553
3. The commission shall indemnify and hold 10554
harmless any administrator, officer, executive director, employee 10555
or representative of the commission for the amount of any 10556
settlement or judgment obtained against that person arising out of 10557
any actual or alleged act, error or omission that occurred within 10558
the scope of commission employment, duties or responsibilities, or 10559
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 429 (aa\kr)

that such person had a reasonable basis for believing occurred 10560
within the scope of commission employment, duties or 10561
responsibilities, provided that the actual or alleged act, error 10562
or omission did not result from the intentional, willful or wanton 10563
misconduct of that person. 10564
ARTICLE VIII. 10565
Rulemaking. 10566
(a) The commission shall exercise its rulemaking powers 10567
pursuant to the criteria set forth in this article and the rules 10568
adopted thereunder. Rules and amendments shall become binding as 10569
of the date specified in each rule or amendment and shall have the 10570
same force and effect as provisions of this compact. 10571
(b) Rules or amendments to the rules shall be adopted 10572
at a regular or special meeting of the commission. 10573
(c) Prior to promulgation and adoption of a final rule 10574
or rules by the commission, and at least sixty (60) days in 10575
advance of the meeting at which the rule will be considered and 10576
voted upon, the commission shall file a notice of proposed 10577
rulemaking: 10578
1. On the website of the commission; and 10579
2. On the website of each licensing board or the 10580
publication in which each state would otherwise publish proposed 10581
rules. 10582
(d) The notice of proposed rulemaking shall include: 10583
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 430 (aa\kr)

1. The proposed time, date and location of the 10584
meeting in which the rule will be considered and voted upon; 10585
2. The text of the proposed rule or amendment, and 10586
the reason for the proposed rule; 10587
3. A request for comments on the proposed rule 10588
from any interested person; and 10589
4. The manner in which interested persons may 10590
submit notice to the commission of their intention to attend the 10591
public hearing and any written comments. 10592
(e) Prior to adoption of a proposed rule, the 10593
commission shall allow persons to submit written data, facts, 10594
opinions and arguments, which shall be made available to the 10595
public. 10596
(f) The commission shall grant an opportunity for a 10597
public hearing before it adopts a rule or amendment. 10598
(g) The commission shall publish the place, time and 10599
date of the scheduled public hearing. 10600
1. Hearings shall be conducted in a manner 10601
providing each person who wishes to comment a fair and reasonable 10602
opportunity to comment orally or in writing. 10603
All hearings will be recorded, and a copy will be made 10604
available upon request. 10605
2. Nothing in this section shall be construed as 10606
requiring a separate hearing on each rule. Rules may be grouped 10607
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 431 (aa\kr)

for the convenience of the commission at hearings required by this 10608
section. 10609
(h) If no one appears at the public hearing, the 10610
commission may proceed with promulgation of the proposed rule. 10611
(i) Following the scheduled hearing date, or by the 10612
close of business on the scheduled hearing date if the hearing was 10613
not held, the commission shall consider all written and oral 10614
comments received. 10615
(j) The commission shall, by majority vote of all 10616
administrators, take final action on the proposed rule and shall 10617
determine the effective date of the rule, if any, based on the 10618
rulemaking record and the full text of the rule. 10619
(k) Upon determination that an emergency exists, the 10620
commission may consider and adopt an emergency rule without prior 10621
notice, opportunity for comment or hearing, provided that the 10622
usual rulemaking procedures provided in this compact and in this 10623
section shall be retroactively applied to the rule as soon as 10624
reasonably possible, in no event later than ninety (90) days after 10625
the effective date of the rule. For the purposes of this 10626
provision, an emergency rule is one that must be adopted 10627
immediately in order to: 10628
1. Meet an imminent threat to public health, 10629
safety or welfare; 10630
2. Prevent a loss of commission or party state 10631
funds; or 10632
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 432 (aa\kr)

3. Meet a deadline for the promulgation of an 10633
administrative rule that is required by federal law or rule. 10634
(l) The commission may direct revisions to a previously 10635
adopted rule or amendment for purposes of correcting typographical 10636
errors, errors in format, errors in consistency or grammatical 10637
errors. Public notice of any revisions shall be posted on the 10638
website of the commission. The revision shall be subject to 10639
challenge by any person for a period of thirty (30) days after 10640
posting. The revision may be challenged only on grounds that the 10641
revision results in a material change to a rule. A challenge 10642
shall be made in writing, and delivered to the commission, prior 10643
to the end of the notice period. If no challenge is made, the 10644
revision will take effect without further action. If the revision 10645
is challenged, the revision may not take effect without the 10646
approval of the commission. 10647
ARTICLE IX. 10648
Oversight, dispute resolution and enforcement. 10649
(a) Oversight: 10650
1. Each party state shall enforce this compact and 10651
take all actions necessary and appropriate to effectuate this 10652
compact's purposes and intent. 10653
2. The commission shall be entitled to receive 10654
service of process in any proceeding that may affect the powers, 10655
responsibilities or actions of the commission, and shall have 10656
standing to intervene in such a proceeding for all purposes. 10657
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 433 (aa\kr)

Failure to provide service of process in such proceeding to the 10658
commission shall render a judgment or order void as to the 10659
commission, this compact or promulgated rules. 10660
(b) Default, technical assistance and termination: 10661
1. If the commission determines that a party state 10662
has defaulted in the performance of its obligations or 10663
responsibilities under this compact or the promulgated rules, the 10664
commission shall: 10665
(i) Provide written notice to the defaulting 10666
state and other party states of the nature of the default, the 10667
proposed means of curing the default or any other action to be 10668
taken by the commission; and 10669
(ii) Provide remedial training and specific 10670
technical assistance regarding the default. 10671
2. If a state in default fails to cure the 10672
default, the defaulting state's membership in this compact may be 10673
terminated upon an affirmative vote of a majority of the 10674
administrators, and all rights, privileges and benefits conferred 10675
by this compact may be terminated on the effective date of 10676
termination. A cure of the default does not relieve the offending 10677
state of obligations or liabilities incurred during the period of 10678
default. 10679
3. Termination of membership in this compact shall 10680
be imposed only after all other means of securing compliance have 10681
been exhausted. Notice of intent to suspend or terminate shall be 10682
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 434 (aa\kr)

given by the commission to the Governor of the defaulting state 10683
and to the executive officer of the defaulting state's licensing 10684
board and each of the party states. 10685
4. A state whose membership in this compact has 10686
been terminated is responsible for all assessments, obligations 10687
and liabilities incurred through the effective date of 10688
termination, including obligations that extend beyond the 10689
effective date of termination. 10690
5. The commission shall not bear any costs related 10691
to a state that is found to be in default or whose membership in 10692
this compact has been terminated unless agreed upon in writing 10693
between the commission and the defaulting state. 10694
6. The defaulting state may appeal the action of 10695
the commission by petitioning the United States District Court for 10696
the District of Columbia or the federal district in which the 10697
commission has its principal offices. The prevailing party shall 10698
be awarded all costs of such litigation, including reasonable 10699
attorneys' fees. 10700
(c) Dispute resolution: 10701
1. Upon request by a party state, the commission 10702
shall attempt to resolve disputes related to the compact that 10703
arise among party states and between party and nonparty states. 10704
2. The commission shall promulgate a rule 10705
providing for both mediation and binding dispute resolution for 10706
disputes, as appropriate. 10707
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 435 (aa\kr)

3. In the event the commission cannot resolve 10708
disputes among party states arising under this compact: 10709
(i) The party states may submit the issues in 10710
dispute to an arbitration panel, which will be comprised of 10711
individuals appointed by the compact administrator in each of the 10712
affected party states and an individual mutually agreed upon by 10713
the compact administrators of all the party states involved in the 10714
dispute. 10715
(ii) The decision of a majority of the 10716
arbitrators shall be final and binding. 10717
(d) Enforcement: 10718
1. The commission, in the reasonable exercise of 10719
its discretion, shall enforce the provisions and rules of this 10720
compact. 10721
2. By majority vote, the commission may initiate 10722
legal action in the United States District Court for the District 10723
of Columbia or the federal district in which the commission has 10724
its principal offices against a party state that is in default to 10725
enforce compliance with the provisions of this compact and its 10726
promulgated rules and bylaws. 10727
The relief sought may include both injunctive relief and 10728
damages. In the event judicial enforcement is necessary, the 10729
prevailing party shall be awarded all costs of such litigation, 10730
including reasonable attorneys' fees. 10731
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 436 (aa\kr)

3. The remedies herein shall not be the exclusive 10732
remedies of the commission. The commission may pursue any other 10733
remedies available under federal or state law. 10734
ARTICLE X. 10735
Effective date, withdrawal and amendment. 10736
(a) This compact shall become effective and binding on 10737
the earlier of the date of legislative enactment of this compact 10738
into law by no less than twenty-six (26) states or December 31, 10739
2018. All party states to this compact, that also were parties to 10740
the prior Nurse Licensure Compact, superseded by this compact, 10741
("prior compact"), shall be deemed to have withdrawn from the 10742
prior compact within six (6) months after the effective date of 10743
this compact. 10744
(b) Each party state to this compact shall continue to 10745
recognize a nurse's multistate licensure privilege to practice in 10746
that party state issued under the prior compact until such party 10747
state has withdrawn from the prior compact. 10748
(c) Any party state may withdraw from this compact by 10749
enacting a statute repealing the same. A party state's withdrawal 10750
shall not take effect until six (6) months after enactment of the 10751
repealing statute. 10752
(d) A party state's withdrawal or termination shall not 10753
affect the continuing requirement of the withdrawing or terminated 10754
state's licensing board to report adverse actions and significant 10755
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 437 (aa\kr)

investigations occurring prior to the effective date of such 10756
withdrawal or termination. 10757
(e) Nothing contained in this compact shall be 10758
construed to invalidate or prevent any nurse licensure agreement 10759
or other cooperative arrangement between a party state and a 10760
nonparty state that is made in accordance with the other 10761
provisions of this compact. 10762
(f) This compact may be amended by the party states. 10763
No amendment to this compact shall become effective and binding 10764
upon the party states unless and until it is enacted into the laws 10765
of all party states. 10766
(g) Representatives of nonparty states to this compact 10767
shall be invited to participate in the activities of the 10768
commission, on a nonvoting basis, prior to the adoption of this 10769
compact by all states. 10770
ARTICLE XI. 10771
Construction and severability. 10772
This compact shall be liberally construed so as to effectuate 10773
the purposes thereof. 10774
The provisions of this compact shall be severable, and if any 10775
phrase, clause, sentence or provision of this compact is declared 10776
to be contrary to the Constitution of any party state or of the 10777
United States, or if the applicability thereof to any government, 10778
agency, person or circumstance is held invalid, the validity of 10779
the remainder of this compact and the applicability thereof to any 10780
S. B. No. 2771 *SS26/R1039* ~ OFFICIAL ~
26/SS26/R1039
PAGE 438 (aa\kr)
ST: Fresh Start Act; revise.
government, agency, person or circumstance shall not be affected 10781
thereby. If this compact shall be held to be contrary to the 10782
Constitution of any party state, this compact shall remain in full 10783
force and effect as to the remaining party states and in full 10784
force and effect as to the party state affected as to all 10785
severable matters. 10786
SECTION 122. This act shall take effect and be in force from 10787
and after July 1, 2025. 10788