Miss. Code Ann. § 73-3-207 — MS Code / Title 73 / Chapter 1 / Section 3-207
Miss. Code Ann. § 73-3-207
Status: in_force

A law student enrolled in a legal internship program or a clinical legal education course is authorized to engage in limited practice in the state and federal courts of this state with the following conditions and limitations:

(a) The law student will petition the court and take the oath, as prescribed in this article, and be admitted to limited practice by an order of a judge of a circuit or chancery court, as prescribed in this article, in the district in which the student will practice, or by an order of a United States District Judge or United States Magistrate Judge of the United States District Court for the Southern District of Mississippi or the United States District Court for the Northern District of Mississippi.

(b) Upon filing the oath and order in the office of the clerk of that court, the law student will be authorized to engage in limited practice in any state or federal court in the state subject to any controls and limitations ordered by the judge of the court.

(c) The authority for limited practice by a law student will continue during any regular school terms in which the law student is enrolled in a legal internship or clinical legal education course, including the intersessions between terms. The authority may be revoked by the court granting it for good cause.

(d) A law student may not directly represent clients but may only assist the supervising attorney or clinical teacher in representing their clients. All pleadings and entries of record in courts must be signed by the supervising attorney or clinical teacher.

(e) Law students may appear and participate in trials and hearings in courts if the supervising attorney or clinical teacher is present and supervising the student.

(f) Law students assigned as interns to prosecuting attorneys may assist the supervising attorney before grand juries subject to the same prohibitions and penalties as to disclosure and secrecy as are members of the grand jury.

(g) Law students will be subject to the same standards and rules of professional conduct and ethics and the same rules of discipline as are licensed attorneys.

(h) Law students shall receive no compensation for their services but may be reimbursed actual expenses if funds are available for that purpose.
Miss. Code Ann. § 73-3-55 — MS Code / Title 73 / Chapter 1 / Section 3-55
Miss. Code Ann. § 73-3-55
Status: in_force

It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43 . Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.
Miss. Code Ann. § 73-6-31 — MS Code / Title 73 / Chapter 2 / Section 6-31
Miss. Code Ann. § 73-6-31
Status: in_force

No person shall engage in the practice of chiropractic from and after January 1, 1974, unless he has a valid license issued pursuant to this chapter.
Miss. Code Ann. § 73-3-203 — MS Code / Title 73 / Chapter 2 / Section 3-203
Miss. Code Ann. § 73-3-203
Status: in_force

It is in the public interest to encourage the establishment and operation of effective legal internship and clinical legal education programs by law schools in this state and the utilization of services of law students in such programs as a form of legal education.
Miss. Code Ann. § 73-35-14.1 — MS Code / Title 73 / Chapter 1 / Section 35-14.1
Miss. Code Ann. § 73-35-14.1
Status: in_force

(1) Minimum standards for initial and continuing accreditation as a real estate school or prelicense education provider shall include:

(a) Payment of any fees established by the commission. If the school or provider is accredited as a prelicense school or prelicense education provider, fees shall include a biennial fee of Two Thousand Five Hundred Dollars ($2,500.00).

(b) The school or prelicense education provider must maintain an annual average pass rate of at least sixty-five percent (65%) on each of the real estate broker's license examination and the real estate salesperson's license examination. The term annual average pass rate shall be as defined by the commission. If a school or prelicense education provider does not meet the minimum annual average pass rate, the commission shall allow the school or prelicense education provider a minimum of a three-month time period in which to attain the minimum annual average pass rate.

(c) Schools and prelicense education providers must use a method for instructor evaluation by students attending prelicense education classes. The commission may establish minimum standards for instructor evaluation. In the event the provider does not meet those minimum standards, the commission may revoke a provider's authority to offer prelicense education courses. Schools and prelicense education providers must provide the results of such instructor evaluations to the commission in the manner the commission directs.

(2) The commission may establish by rule such other standards for schools, prelicense education providers and post-license education providers as the commission may deem necessary.
Miss. Code Ann. § 73-21-95 — MS Code / Title 73 / Chapter 1 / Section 21-95
Miss. Code Ann. § 73-21-95
Status: in_force

The assistant pharmacist license is hereby abolished after April 30, 1984. The board shall issue a license to practice pharmacy to those persons presently holding an assistant pharmacist license upon their meeting the requirements of Section 73-21-91 .
Miss. Code Ann. § 73-35-7 — MS Code / Title 73 / Chapter 1 / Section 35-7
Miss. Code Ann. § 73-35-7
Status: in_force

Licenses shall be granted only to persons who present, and to corporations, partnerships, companies or associations whose officers, associates or partners present satisfactory proof to the commission that they are trustworthy and competent to transact the business of a real estate broker or real estate salesperson in such manner as to safeguard the interests of the public. Except as otherwise provided in this section, every person who applies for a resident license as a real estate broker: (a) shall be age twenty-one (21) years or over, and have his legal domicile in the State of Mississippi at the time he applies; (b) shall be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof; (c) shall not be an elector in any other state; (d) shall have held a license as an active real estate salesperson for twelve (12) months prior to making application for the broker's examination hereafter specified; (e) shall have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified; (f) shall have successfully completed the real estate broker's examination as hereafter specified; and (g) shall have successfully been cleared for licensure by the commission's background investigation as provided in Section 73-35-10 ; and (h) sign a form under penalty of perjury stating that the applicant will not hire any real estate salespersons for thirty-six (36) months from the date of approval of his or her active real estate salesperson's license. The real estate commission shall create a standard form to comply with the requirements of this section. Upon completion of such restriction provided in this paragraph (h) of this section, the real estate broker is authorized to employ any number of real estate salespersons.

The provisions of paragraph (h) shall not apply to an applicant who seeks to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson's license. Any person who desires to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson's license shall: (a) be age twenty-one (21) years or over, and have his or her legal domicile in the State of Mississippi at the time he or she applies; (b) be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof; (c) not be an elector in any other state; (d) have held a license as an active real estate salesperson for thirty-six (36) months prior to making application for the broker's examination hereafter specified; (e) have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified; (f) have successfully completed the real estate broker's examination as hereafter specified; and (g) have successfully been cleared for licensure by the commission's background investigation as provided in Section 73-35-10 .

An applicant who has not held an active real estate salesperson's license for a period of at least thirty-six (36) months prior to submitting an application shall have successfully completed a minimum of one hundred fifty (150) classroom hours in real estate courses, which courses are acceptable for credit toward a degree at a college or university as approved by the Southern Association of Colleges and Schools.

Every applicant for a resident license as a real estate salesperson shall be age eighteen (18) years or over, shall be a bona fide resident of the State of Mississippi prior to filing his application, shall have successfully completed a minimum of sixty (60) hours in courses in real estate as hereafter specified, and shall have successfully completed the real estate salesperson's examination as hereafter specified.

The residency requirements set forth in this section shall not apply to those licensees of other states who qualify and obtain nonresident licenses in this state.

The commission is authorized to exempt from such prelicensing educational requirements, in whole or in part, a real estate licensee of another state who desires to obtain a license under this chapter, provided that the prelicensing educational requirements in the other state are determined by the commission to be equivalent to prelicensing educational requirements in this state and provided that such state extends this same privilege or exemption to Mississippi real estate licensees. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable.
Miss. Code Ann. § 73-25-9 — MS Code / Title 73 / Chapter 1 / Section 25-9
Miss. Code Ann. § 73-25-9
Status: in_force

Every person who shall apply for license to practice medicine shall, before he will be entitled to be examined, pay a fee to be set by the state board of medical licensure, not to exceed two hundred fifty dollars ($250.00).

In addition to fees for examination as provided for above, the state board of medical licensure is authorized to charge applicants an amount equivalent to the cost to the state board of medical licensure of purchasing and administering any national examinations approved by the federation of state medical boards.
Miss. Code Ann. § 73-57-33 — MS Code / Title 73 / Chapter 1 / Section 57-33
Miss. Code Ann. § 73-57-33
Status: in_force

(1) Upon the filing of a written complaint with the board, charging a person with having committed any of the acts described in Section 73-57-31 , the authorized employee of the board, shall make an investigation. If the board finds reasonable grounds for the complaint, a time and place for a hearing will be set, notice of which shall be served on the licensee, permit holder or applicant at least fifteen (15) calendar days prior thereto. The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.

(2) The board may petition the circuit court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or his counsel, the board shall petition the court to issue subpoenas in behalf of the respondent. The circuit court upon petition may issue such subpoenas as it deems necessary.

(3) At the hearing the board shall administer oaths as may be necessary for the proper conduct of the hearing. The accused shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his or her behalf and to cross-examine witnesses. All hearings before the board shall be conducted by the board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it. A final decision by the board shall include findings of fact and conclusions of law, separately stated, of which the accused shall receive a copy.

(4) If the board determined that probable cause and sufficient legal evidence exist to believe that an applicant does not possess the qualifications required by this chapter or that an accused has violated any of the provisions of Section 73-57-31 of this chapter, the board may refuse to issue a license to the applicant, or revoke, suspend or refuse to renew a license.

(5) The right to appeal from the action of the board in denying, revoking, suspending or refusing to renew any license issued by the board is hereby granted. Such appeal shall be to the circuit court of the county of the residence of the licensee on the record made, including a verbatim transcript of the testimony at the hearing. The appeal must be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license. The appeal is perfected upon filing notice of the appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license be affirmed by the circuit court, the licensee will pay the costs of the appeal and the action in the circuit court. Such bond shall be approved by the president of the board. Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the circuit court. Actions taken by the board in suspending a license or permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license or permit suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 73-10-13 — MS Code / Title 73 / Chapter 1 / Section 10-13
Miss. Code Ann. § 73-10-13
Status: in_force

This chapter shall not be construed to affect or prevent:

(a) A student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics, if such practice constitutes a part of a supervised course of study, and if the student is designated by a title which clearly indicates his or her status as a student or trainee.

(b) Any person fulfilling the experience requirements of Section 73-10-11(3) from engaging in the practice of dietetics under the supervision of a licensed or registered dietician.

(c) A registered dietitian who is serving in the Armed Forces or the Public Health Service of the United States or is employed by the Department of Veterans Affairs from engaging in the practice of dietetics provided such practice is restricted to such service or employment.

(d) Any person providing dietetic services, including but not limited to dietetic technicians, dietetic assistants and dietary managers, from practicing dietetics while working under the direct technical supervision of a licensed dietician.

(e) Persons licensed or registered to practice the health professions from engaging in the practice of dietetics when covered under the scope of practice of his or her profession, except that such persons may not use the title “dietitian” or “nutritionist.”

(f) Persons who perform the activities and services of a nutrition educator in the employ of a federal, state, county or municipal agency, or another political subdivision, or a chartered elementary or secondary school or accredited degree-granting educational institution insofar as such activities and services are part of a salaried position.

(g) Federal, state, county or local government employees involved with programs providing the services of a nutrition educator that help to prevent disease and maintain good nutritional health, including, but not limited to, the Cooperative Extension Service, the Child Nutrition Program, and Project Head Start.

(h) Individuals who do not hold themselves out to be dietitians from marketing or distributing food products including dietary supplements as defined by the Food and Drug Administration or from engaging in the explanation and education of customers regarding the use of such products.

(i) Any person from furnishing general nutrition information as to the use of food, food materials or dietary supplements, nor prevent in any way the free dissemination of literature; provided, however, no such individual may call themselves a dietitian unless they are licensed under this chapter.
Miss. Code Ann. § 73-5-31 — MS Code / Title 73 / Chapter 1 / Section 5-31
Miss. Code Ann. § 73-5-31
Status: in_force

The board is hereby authorized to receive applications for and give examinations to persons who have not become legal residents of the State of Mississippi when such applicants comply with the laws and regulations of said board and are authorized to issue a certificate or license, as the case may be, as fully as if said applicant was a resident of the State of Mississippi. However, the board is authorized to charge a sum of not more than Twenty Dollars ($20.00) in addition to the other fees charged a resident applicant to cover the necessary expenses in making any investigation or obtaining information concerning said applicant. Upon the successful compliance with the laws of this state, such nonresident may be issued a certificate or license as a resident.
Miss. Code Ann. § 73-9-35 — MS Code / Title 73 / Chapter 2 / Section 9-35
Miss. Code Ann. § 73-9-35
Status: in_force

The holder of either of the licenses provided for, shall at all times, upon request, exhibit same to any member of the Board of Dental Examiners, or his authorized agent or to any officer of the law.
Miss. Code Ann. § 73-3-131 — MS Code / Title 73 / Chapter 1 / Section 3-131
Miss. Code Ann. § 73-3-131
Status: in_force

The president shall be a member and the chairman of the board of commissioners. In case he is absent from any meeting of the board, the vice president and president-elect shall preside; and in case the vice president and president-elect is absent from any meeting of the board, some other member of the board shall be selected by the members in attendance to preside at that meeting.
Miss. Code Ann. § 73-9-15 — MS Code / Title 73 / Chapter 1 / Section 9-15
Miss. Code Ann. § 73-9-15
Status: in_force

All board action on rules, regulations and policy matters, such as required to be by vote, shall be by roll call or mail ballot in which the vote of each member shall be recorded whether for, against or otherwise. The dental hygienist member of the board shall only vote on rules, regulations, policy and administrative matters relating to the licensing, qualifications and practice of dental hygiene. The results of the vote shall be a public record except that information pertaining to investigations or examinations shall be confidential unless waived by the persons investigated or examined.
Miss. Code Ann. § 73-21-159 — MS Code / Title 73 / Chapter 1 / Section 21-159
Miss. Code Ann. § 73-21-159
Status: in_force

(1) In lieu of or in addition to making its own financial examination of a pharmacy benefit manager, the board may accept the report of a financial examination of other persons responsible for the pharmacy benefit manager under the laws of another state certified by the applicable official of such other state.

(2) The board shall coordinate financial examinations of a pharmacy benefit manager that provides pharmacy management benefit plans in this state to ensure an appropriate level of regulatory oversight and to avoid any undue duplication of effort or regulation. The pharmacy benefit manager being examined shall pay the cost of the examination. The cost of the examination shall be deposited in a special fund that shall provide all expenses for the licensing, supervision and examination of all pharmacy benefit managers subject to regulation under Sections 73-21-71 through 73-21-129 and Sections 73-21-151 through 73-21-163 .

(3) The board may provide a copy of the financial examination to the person or entity who provides or operates the health insurance plan or to a pharmacist or pharmacy.

(4) The board is authorized to hire independent financial consultants to conduct financial examinations of a pharmacy benefit manager and to expend funds collected under this section to pay the costs of such examinations.
Miss. Code Ann. § 73-3-43 — MS Code / Title 73 / Chapter 1 / Section 3-43
Miss. Code Ann. § 73-3-43
Status: in_force

It shall not be lawful for a clerk of any court of record or the deputy or assistant of any such clerk, or for any sheriff or his deputy, to exercise the profession or employment of an attorney or counselor at law, or to be engaged in the practice of law, or to receive any fee or reward for any such services rendered during his continuance in such position; and any person offending herein shall be guilty of a misdemeanor, and, upon conviction, to be fined in a sum not exceeding Five Hundred Dollars ($500.00) and be removed from office; but this shall not prohibit the clerk of any court of record or the sheriff of any county from practicing in any of the courts so far as to enable them to bring to conclusion civil cases in which such clerk or sheriff are employed and which are actually filed and pending at the time when such clerk or sheriff is appointed or nominated in a party primary and subsequently elected to office.
Miss. Code Ann. § 73-3-351 — MS Code / Title 73 / Chapter 1 / Section 3-351
Miss. Code Ann. § 73-3-351
Status: in_force

Proceedings to determine whether an attorney is personally incapable to practice law shall be instituted and conducted in the same manner and upon the same procedure as disciplinary proceedings, except as otherwise set out in Sections 73-3-347 through 73-3-365 . In addition to, and without exclusion of, any other circumstances, cause to believe that an attorney may be personally incapable to practice law shall exist whenever information is received that such member (a) has interposed successfully a defense of mental incompetence to secure abatement of, or to defeat an adverse determination in, a disciplinary proceeding brought against him in any tribunal in any jurisdiction, (b) has defended, upon like grounds, a suit brought against him in any tribunal in any jurisdiction, (c) has been judicially declared incompetent, or (d) has been legally committed to an institution for the treatment of mental illness.
Miss. Code Ann. § 73-3-333 — MS Code / Title 73 / Chapter 2 / Section 3-333
Miss. Code Ann. § 73-3-333
Status: in_force

At any stage of the disciplinary proceedings an accused attorney who is the subject of investigation may submit his resignation and agree to the entry by the court of a consent order of suspension or dismissal by submitting to the Board of Commissioners an affidavit stating that he desires to resign from the bar and to surrender his privilege to practice law, and that:

(a) His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress; and he is fully aware of the implications of submitting his resignation.

(b) He is aware that there is pending an investigation into allegations that he has been guilty of unprofessional conduct, the nature of which he shall specifically set forth.

(c) He acknowledges that the material facts upon which the complaint is based are true.

(d) He submits his resignation because he knows that if charges were predicated on the misconduct under investigation, he could not defend himself successfully against them.

Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon receipt of said affidavit, the investigation or disciplinary procedure shall terminate, and the Board of Commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the Board of Commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.

Once a complaint has been filed against an attorney, this shall be the exclusive method for resignation pending the investigation and determination of said complaint, and no other resignation procedure will be permitted or recognized by the bar.
Miss. Code Ann. § 73-38-13 — MS Code / Title 73 / Chapter 1 / Section 38-13
Miss. Code Ann. § 73-38-13
Status: in_force

(1) The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice speech-language pathology or a license to practice audiology with the advice of the council.

(2) The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this article.

(3) The board shall adopt such rules and regulations not inconsistent with the laws of this state as may be necessary to effectuate the provisions of this article and may amend or repeal the same as may be necessary for such purposes, with the advice of the council.

(4) The conferral or enumeration of specific powers elsewhere in this article shall not be construed as a limitation of the general functions conferred by this section.
Miss. Code Ann. § 73-3-309 — MS Code / Title 73 / Chapter 2 / Section 3-309
Miss. Code Ann. § 73-3-309
Status: in_force

Complaints, irrespective of source, touching upon the professional conduct or conduct evincing unfitness for the practice of law made against attorneys who are members of the bar of this state or who may be temporarily practicing in this state under any rule of comity or courtesy, that may be received by or that may come to the attention of any judicial officer, the board of commissioners or any members of the Mississippi State Bar, shall be referred to the committee on complaints for preliminary investigation and such disposition or further action as may be appropriate. The complaint must be in writing and signed by the person making the complaint or charge and the complaint must be sworn to or supported by affidavit or the signature of the complaining party witnessed by two (2) persons twenty-one (21) years of age or older. Additionally, the complaint shall contain the street address of the complaining party and each witness.
Miss. Code Ann. § 73-19-101 — MS Code / Title 73 / Chapter 1 / Section 19-101
Miss. Code Ann. § 73-19-101
Status: in_force

No person engaged in the practice of optometry in the State of Mississippi shall use pharmaceutical agents in the practice of optometry unless he has been certified to use diagnostic pharmaceutical agents under the provisions of Sections 73-19-103 through 73-19-109 , or unless he has been certified to use therapeutic pharmaceutical agents under the provisions of Sections 73-19-153 through 73-19-165 .
Miss. Code Ann. § 73-54-11 — MS Code / Title 73 / Chapter 1 / Section 54-11
Miss. Code Ann. § 73-54-11
Status: in_force

(1) The board shall administer and enforce the provisions of this chapter. The board shall from time to time adopt such rules and regulations and such amendments thereof and supplements thereto as it may deem necessary to enable it to perform its duties under, and to carry into effect the provisions of, this chapter. Such rules and regulations shall be adopted in accordance with the Mississippi Administrative Procedures Law ( Section 25-43-1.101 et seq. ).

(2) The board shall examine and pass on the qualifications of all applicants under this chapter, and shall issue a license to each successful applicant therefor, attesting to his or her professional qualifications to be a marriage and family therapist or marriage and family therapy associate.
Miss. Code Ann. § 73-10-3 — MS Code / Title 73 / Chapter 2 / Section 10-3
Miss. Code Ann. § 73-10-3
Status: in_force

(1) For the purposes of this chapter the following terms shall have the meanings set forth herein:

(a) “ Advisory council ” means the Mississippi Council of Advisors in Dietetics established in this chapter.

(b) “ Board ” means the Mississippi State Board of Health.

(c) “ Association ” means the American Dietetic Association (ADA).

(d) “ Mississippi association ” means the Mississippi Dietetic Association, an affiliate of the American Dietetic Association.

(e) “ Commission on Dietetic Registration ” (CDR) means the Commission on Dietetic Registration that is a member of the National Commission for Health Certifying Agencies.

(f) “ Degree ” means a degree received from a college or university that was accredited through the Council on Postsecondary Accreditation and the United States Department of Education at the time the degree was conferred.

(g) “ Registered dietitian ” means a person registered by the Commission on Dietetic Registration.

(h) “ Licensed dietitian ” means a person licensed under this chapter.

(i) “ Provisionally licensed dietitian ” means a person provisionally licensed under this chapter.

(j) “ Dietetics practice ” means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain people's health. Dietetics practice includes, but is not limited to:

(i) Providing medical nutrition therapy.

(ii) Development, administration, evaluation and consultation regarding nutritional care standards of quality in food services and medical nutrition therapy.

(iii) Providing case management services.

(k) “ Medical nutrition therapy ” is a nutritional diagnostic therapy and counseling services for the purpose of disease management. It means the assessment of the nutritional status of patients with a condition, illness or injury that appropriately requires medical nutrition therapy as part of the treatment. The assessment includes review and analysis of medical and diet history, blood chemistry lab values and anthropometric measurements to determine nutritional status and treatment modalities.

Therapy ranges from diet modification and nutrition counseling to administration of specialized nutrition therapies such as intravenous medical nutritional products as determined necessary to manage a condition or treat illness or injury.

(l) “ Diet modification and nutrition counseling ” means intervention and advice in assisting individuals or groups in the development of personal diet plans to achieve appropriate nutritional intake. To develop the diet plan, the dietitian integrates information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

(m) “ Specialized nutrition therapies ” mean medical foods, enteral nutrition delivered via tube, or parenteral nutrition delivered by intravenous infusion.

(n) “ Nutrition educator ” shall mean one who communicates scientific nutrition information to individuals and/or groups and who provides information on food sources of nutrients to meet normal nutrition need based on the most current “Recommended Dietary Allowances” of the Food and Nutrition Board, National Academy of Sciences, National Research Council.

(o) “ Dietitian ” means one engaged in dietetics practice, medical nutrition therapy or nutrition education. The terms dietitian or dietician are used interchangeably in this chapter.

(p) “ Direct, technical supervision ” means the direct, technical supervision by a licensed dietitian, as prescribed in regulations by the board, of the dietetics practice or medical nutrition therapy provided to an individual and/or group by a provisionally licensed dietitian.

(q) “ Department ” means the Mississippi State Department of Health.

(2) All other terms shall have their commonly ascribed definitions unless some other meaning is clearly intended from its context.
Miss. Code Ann. § 73-34-27 — MS Code / Title 73 / Chapter 1 / Section 34-27
Miss. Code Ann. § 73-34-27
Status: in_force

To obtain a renewal of any of the real estate appraisal licenses or a renewal of any registration issued under this chapter, the holder of a current, valid license or registration shall make application and pay the prescribed fee to the board not earlier than one hundred twenty (120) days nor later than the expiration date, as defined in Section 73-34-25, of the license then held. Each application for renewal shall be accompanied by evidence, in the form prescribed by the board, of having completed the continuing education requirements for renewal specified in this chapter.

If a licensed appraiser or licensed certified real estate appraiser under this chapter fails to renew his license, or an appraisal management company fails to renew its registration before its expiration or within any period of extension granted under this chapter, that person or company may obtain a renewal of their license or registration by satisfying all of the requirements for renewal and filing an application for renewal, accompanied by a late renewal fee, within sixty (60) days of the date that the license or registration expired.

From and after January 1, 2015, all applicants for a real estate appraisal license renewal shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database pursuant to the provisions of Section 73-34-14 .
Miss. Code Ann. § 73-67-23 — MS Code / Title 73 / Chapter 1 / Section 67-23
Miss. Code Ann. § 73-67-23
Status: in_force

(1) The purpose of requiring examination is to determine that each applicant for licensure possesses the minimum skills and knowledge to practice competently.

(2) The board shall accept as evidence of competency, in addition to all other requirements as stated in this chapter, the successful completion of any state, nationally or internationally accredited examination approved by the board.

(3) Eligibility requirements to take an examination approved by the board are set by the organization that is responsible for establishing and maintaining the examination.

(4) An applicant for licensure who has been previously licensed may be required to take an examination approved by the board and achieve a passing score before re-licensure under any one (1) of the following circumstances:

(a) The applicant has been unlicensed voluntarily for more than thirty-six (36) calendar months; or

(b) The board may require reexamination in any disciplinary order, based upon the findings and conclusions relative to the competency of a holder of a license to practice massage before issuing an unconditional license.

(5) An applicant for licensure must also successfully complete the Mississippi State Law Examination.
Miss. Code Ann. § 73-6-27 — MS Code / Title 73 / Chapter 2 / Section 6-27
Miss. Code Ann. § 73-6-27
Status: in_force

Any person who has graduated from a college approved by the International Chiropractors Association or American Chiropractic Association and who was engaged in the full-time practice of chiropractic in Mississippi prior to January 1, 1970, or was engaged in the full-time practice of chiropractic in Mississippi for a period of eight (8) years prior to April 16, 1973, shall be entitled to a license hereunder by making application to the State Board of Chiropractic Examiners without being required to take the examination of the State Board of Chiropractic Examiners, provided he applies for such license within ninety (90) days after the appointment of the initial board, submits reasonable evidence to the board establishing his eligibility for such exemption, and pays a Twenty-five Dollar registration fee. All other persons practicing chiropractic within the State of Mississippi on April 16, 1973, shall be eligible to take the approved examination.
Miss. Code Ann. § 73-60-5 — MS Code / Title 73 / Chapter 1 / Section 60-5
Miss. Code Ann. § 73-60-5
Status: in_force

(1) There is hereby created, as an adjunct board to the Mississippi Real Estate Appraisal Board, a board to be known as the Home Inspector Regulatory Board, which shall consist of five (5) members appointed by the Governor, with the advice and consent of the Senate, to include one (1) representative from each congressional district, one (1) from the state at large and all shall be licensed home inspectors. Two (2) members shall be appointed to serve for a term of three (3) years, two (2) members shall be appointed to serve for a term of two (2) years and one (1) member shall be appointed to serve for a term of one (1) year. Thereafter, each member shall be appointed to serve for a term of four (4) years.

(2) The Home Inspector Regulatory Board shall advise the Mississippi Real Estate Appraisal Board or its designee on all matters relating to this chapter. The Home Inspector Regulatory Board shall meet no less than four (4) times annually and shall be reimbursed for expenses on a per diem basis pursuant to state law.
Miss. Code Ann. § 73-13-89 — MS Code / Title 73 / Chapter 1 / Section 13-89
Miss. Code Ann. § 73-13-89
Status: in_force

The powers and duties of the board regarding disciplinary actions against any person, including nonlicensees accused of violating any of the laws of the State of Mississippi regarding the practice of surveying or the rules, regulations, bylaws, or standards of conduct and ethics pertaining thereto as duly promulgated by the board, as well as the procedures for conducting said disciplinary proceedings, the penal sanctions available to the board in the event the charges are established, and the procedures for appeal from such actions of the board shall be the same as those set forth in Sections 73-13-37 and 73-13-39 regarding actions against persons charged with similar violations related to the practice of engineering.
Miss. Code Ann. § 73-5-35 — MS Code / Title 73 / Chapter 1 / Section 5-35
Miss. Code Ann. § 73-5-35
Status: in_force

All barber schools operated in this state shall pay an annual license fee of One Hundred Dollars ($100.00) and the same fee shall be required for renewal of the license to each such school on July 1 of each year. A fee of not more than Twenty-five Dollars ($25.00) shall be required for restoration of an expired license that has been expired for a period of at least thirty (30) days of the renewal date.

The license to operate those schools shall be issued by the Board of Barber Examiners after approval by the board. This license shall not be transferable for any cause and must be renewed annually.

All barber schools operated in this state shall be under the direct supervision of a registered barber instructor at all times.
Miss. Code Ann. § 73-23-43 — MS Code / Title 73 / Chapter 1 / Section 23-43
Miss. Code Ann. § 73-23-43
Status: in_force

(1) The board shall have the following general powers and duties:

(a) To examine and determine the qualifications and fitness of applicants for licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state and prepare or approve and conduct all examinations of applicants for licensure;

(b) To issue, renew, deny, suspend or revoke licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state or otherwise discipline licensed physical therapists and physical therapist assistants;

(c) To investigate alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board;

(d) To establish reasonable fees for application for examination, certificates of licensure and renewal, and other services provided by the board;

(e) To adopt, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board, in accordance with Section 25-43-1.101 et seq. Such rules, when lawfully adopted, shall have the effect of law;

(f) To hire appropriate support personnel to carry out the provisions of this chapter;

(g) To adopt a code of ethics for physical therapists and physical therapist assistants licensed under this chapter which may be the current code of ethics of the American Physical Therapy Association;

(h) To regulate the practice of physical therapy by interpreting and enforcing this chapter;

(i) To provide for the examination of physical therapists and physical therapist assistants;

(j) To establish mechanisms for assessing the continuing professional competence of physical therapists and physical therapist assistants to practice physical therapy;

(k) To set criteria for continuing education;

(l) To establish and collect fees for sustaining the necessary operation and expenses of the board;

(m) To publish, at least annually, final disciplinary action against a licensee;

(n) To report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the board or as required by law;

(o) To share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the board with other state or federal agencies, and with a national disciplinary database recognized by the board or as required by law provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information;

(p) To participate in or conduct performance audits;

(q) To, through its employees and/or representatives, enter and make inspections of any place where physical therapy is practiced and inspect and/or copy any record pertaining to clients or the practice of physical therapy under this chapter;

(r) To issue subpoenas for the attendance and testimony of witnesses and the production of papers, records or other documentary evidence. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any subpoenaed person fails or refuses to attend any proceeding before the board, refuses to testify, refuses to produce any books and papers the production of which is called for by a subpoena, or otherwise fails to comply with any subpoena issued pursuant to this subsection, the attendance of such witness, the giving of his or her testimony, the production of the books and papers or other compliance with the subpoena shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

(s) To conduct a criminal history records check on licensees whose licensure is subject to investigation by the board and on applicants for licensure. In order to determine the applicant's or licensee's suitability for licensing, the applicant or licensee shall be fingerprinted. The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forward to the Federal Bureau of Investigation for a check of the national criminal records. The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination. The board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant or licensee.

Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency; and

(t) Perform the duties prescribed by the Physical Therapy Licensure Compact provided for in Section 73-23-101 . The State Board of Physical Therapy shall be the physical therapy licensing board.

The powers and duties enumerated above are granted for the purpose of enabling the board to safeguard the public health, safety and welfare against unqualified or incompetent practitioners of physical therapy and persons acting as physical therapist assistants, and are to be liberally construed to accomplish this objective.

(2) The board shall maintain a register listing the name of every physical therapist and physical therapist assistant licensed to practice in this state, his last known place of business and last known place of residence, and the date and number of his license. The board shall, at least once a year, compile a list of physical therapists and physical therapist assistants licensed to practice in this state and such a list shall be available to any person upon application to the board and the payment of such charges as may be fixed by it.
Miss. Code Ann. § 73-60-39 — MS Code / Title 73 / Chapter 1 / Section 60-39
Miss. Code Ann. § 73-60-39
Status: in_force

A person already engaged in the business of performing home inspections on July 1, 2001, is allowed ninety (90) days from July 1, 2001, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to take an examination if he or she can document to the satisfaction of the Appraisal Board that he or she has conducted not less than twenty (20) fee-paid home inspections in the previous twelve (12) months or one hundred (100) fee-paid home inspections over his or her career or that he or she has received certification as a home inspector from a nationally recognized education center in a curriculum approved by the United States Department of Housing and Urban Development and the United States Department of Education.
Miss. Code Ann. § 73-3-337 — MS Code / Title 73 / Chapter 1 / Section 3-337
Miss. Code Ann. § 73-3-337
Status: in_force

Upon the termination of the period of suspension, the convicted attorney may be reinstated by the court, pursuant to a petition filed with the court and a copy thereof served upon the Mississippi Bar. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of such petition. The Mississippi Bar shall investigate the matter and report all relevant facts for the consideration of the court.

Any time after the expiration of three (3) years from and after the date of the final judgment of disbarment, the convicted attorney may petition the court for reinstatement. The petition shall be in writing and verified by the petitioner, and it shall set forth the full name, age, residence and mailing address of the petitioner, the offense or misconduct for which he was disbarred, a concise statement of the facts claimed to justify restoration and that he has made full amends and restitution to all persons, firms or legal entities, naming them, who may have suffered pecuniary loss by reason of the misconduct or offense for which he was disbarred. A copy of said petition shall be served on the Mississippi Bar, and a filing fee of Five Hundred Dollars ($500.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition. Any petition for reinstatement subsequent to the initial petition shall not be filed by the convicted attorney within one (1) year from the date of the adverse determination of any prior petition.

The court shall examine the petition and, if satisfied that it states sufficient grounds, shall set the same for hearing and shall cause the clerk of the court to serve each person named in the petition with a copy thereof by sending the same to them by registered mail. If the court deems it necessary or proper to so do, it may cause an investigation to be made by complaint counsel.

If the court is satisfied that all material allegations of the petition for reinstatement are true and that the ends of justice will be served, the court may reinstate the convicted attorney and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar and may hear any party named in the petition.

The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153 , and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be.
Miss. Code Ann. § 73-29-39 — MS Code / Title 73 / Chapter 1 / Section 29-39
Miss. Code Ann. § 73-29-39
Status: in_force

Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within thirty (30) days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Hinds County, Mississippi, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. Except as otherwise authorized in Section 7-5-39 , the board shall be represented in such appeals by the district or county attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination (1) is not based upon substantial evidence upon the entire record; (2) is arbitrary or capricious; (3) is in violation of statutory requirements; or (4) was made without affording to licensee or applicant due process of law.

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 73-9-37 — MS Code / Title 73 / Chapter 2 / Section 9-37
Miss. Code Ann. § 73-9-37
Status: in_force

If a license to practice dentistry or dental hygiene be issued and be lost or destroyed, the board may issue another in lieu thereof, upon satisfactory proof of such loss or destruction.
Miss. Code Ann. § 73-6-34 — MS Code / Title 73 / Chapter 1 / Section 6-34
Miss. Code Ann. § 73-6-34
Status: in_force

(1) “ Claims review ” and/or “ independent examinations ” are defined as services for third-party entities for the purpose of rendering a decision on chiropractic insurance claims.

(2) Nothing in this section shall prohibit an insurance company or its designees from taking adverse action based upon reviewing a claim if it is determined that the services rendered are not covered under the insurance plan's schedule of benefits or the services are subject to the insurance plan's exclusions and/or limitations. No determination adverse to a chiropractic patient or doctor of chiropractic shall be made on any question relating to the necessity or justification of any form of health care services without prior evaluation and concurrence in the adverse determination by a chiropractor licensed to practice in Mississippi and meeting the following criteria:

(a) Present proof of three hundred (300) classroom hours of study in insurance claim review by a course of study recognized by the Mississippi State Chiropractic Examining Board. Such proof is to be filed with the Executive Secretary of the Mississippi State Board of Chiropractic Examiners.

(b) Present proof to the Executive Secretary of the Mississippi State Board of Chiropractic Examiners ten (10) hours of continuing education each fiscal year in the instruction or developments in claims review, which must be approved by the Mississippi State Board of Chiropractic Examiners.

(c) Those chiropractors active in doing claims review five (5) years prior to the enactment of this law will be exempt from the three hundred (300) classroom hours educational requirements. Those chiropractors qualifying under subsection (c) of this section must show proof of one hundred (100) hours of study in claims reviews or related subjects, and meet all other requirements.

(d) The Mississippi State Board of Chiropractic Examiners shall issue a certificate to those chiropractors qualifying under this law, and may charge a fee of Twenty-five Dollars ($25.00) to each individual whom the board certifies.

(e) Any chiropractor not complying with this section will be subject to disciplinary action by the Mississippi State Board of Chiropractic Examiners.

(3) No chiropractor shall engage in chiropractic claims review or independent examinations on or after March 19, 1999, unless he has met all requirements in this section.
Miss. Code Ann. § 73-33-7 — MS Code / Title 73 / Chapter 1 / Section 33-7
Miss. Code Ann. § 73-33-7
Status: in_force

(1) The Mississippi State Board of Public Accountancy is authorized to charge each applicant a fee for a certified public accountant license, firm permit and other applicable fees. However, no fee shall be required from any individual who has been granted a practice privilege, nor shall any fee be required from any firm that is exempt and does not register a permit as allowed under Section 73-33-1(3)(b) or (c) . All fees shall be in such amounts as to be determined by the board and paid when the application is filed.

(2) Except as provided in Section 33-1-39 , on or before January 1 of each year, each holder of a certified public accountant license issued by the Mississippi State Board of Public Accountancy shall register and pay a reasonable annual registration fee in such amount as to be determined by the board. If any certified public accountant fails to register and pay the annual registration fee on or before January 1, notice of such default shall be sent to the certified public accountant by certified mail to the delinquent registrant's last known address as shown by the records of the board. The license of any certified public accountant who fails to register and pay the annual registration fee within ten (10) days after notice is given shall be automatically cancelled, and the board shall enter the cancellation on its records.

(3) On or before January 1 of each year, each certified public accountant firm holding a permit to practice public accounting under Section 73-33-1 shall register with the board and pay a reasonable annual registration fee as determined by the board. If any firm fails to register on or before January 1, notice of such default shall be sent to the firm by certified mail to the firm's last known address as shown by the records of the board. The permit to practice of any firm that fails to register within ten (10) days after notice is given shall be automatically cancelled, and the board shall enter the cancellation on its records.

(4) Any person who has lost a certified public accountant license or a firm which has lost a permit to practice in this state by failure to register or failure to pay the annual registration fee if so required under this section, or who voluntarily cancels or surrenders such license or permit, may be again licensed or have a firm permit reinstated by the board without reexamination, provided such person or firm shall again comply with the requirements of this chapter and the rules and regulations of the board; file application for registration; and, if required to pay a fee under this section, pay all fees in arrears, late fees and a reinstatement fee as set by the board.

(5) Out of the funds collected under this chapter shall be paid the expenses of the members of the board, including mileage, hotel expenses and per diem compensation as provided in Section 25-3-69 , for the time expended in carrying out the duties of the office; however, no expense incurred by the board shall ever be charged against the funds of the state in excess of amounts collected under this section.
Miss. Code Ann. § 73-4-23 — MS Code / Title 73 / Chapter 2 / Section 4-23
Miss. Code Ann. § 73-4-23
Status: in_force

Any auctioneer who is licensed in a state that (a) has requirements equal to the requirements of this chapter, (b) has requirements that have been approved by the commission, after a review of such state's licensing law, and (c) has entered into a reciprocal licensing agreement with the State of Mississippi through such state's regulatory authority over auctioneering, may apply for and be granted a license without examination. Applicants for a license through reciprocity shall furnish the commission by application the same information as that required of resident applicants. In addition to the biennial license fee, nonresidents shall pay to the commission a fee of Two Hundred Fifty Dollars ($250.00). A nonresident auctioneer shall furnish to the commission a surety bond, obligated to the State of Mississippi, in the amount of Ten Thousand Dollars ($10,000.00) prior to being issued a license. The bond shall be executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state, as surety. The bond shall otherwise be in accordance with the provisions of this chapter.

The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable.
Miss. Code Ann. § 73-3-57 — MS Code / Title 73 / Chapter 1 / Section 3-57
Miss. Code Ann. § 73-3-57
Status: in_force

It shall be unlawful for an attorney at law licensed in this or any other state, either before or after action brought, to promise, or give or offer to promise or give, a valuable consideration to any person as an inducement to placing, or in consideration of having placed in his hands, or in the hands of any partnership of which he is a member, a demand of any kind, for the purpose of bringing suit or making claim against another, or to employ a person to search for and procure clients to be brought to such attorney.
Miss. Code Ann. § 73-3-2 — MS Code / Title 73 / Chapter 2 / Section 3-2
Miss. Code Ann. § 73-3-2
Status: in_force

(1) Power to admit persons to practice. The power to admit persons to practice as attorneys in the courts of this state is vested exclusively in the Supreme Court of Mississippi.

(2) Qualifications.

(a) Each applicant for admission to the bar, in order to be eligible for examination for admission, shall be at least twenty-one (21) years of age, of good moral character, and shall present to the Board of Bar Admissions satisfactory evidence:

(i) That he has successfully completed, or is within sixty (60) days of completion of, a general course of study of law in a law school which is provisionally or fully approved by the section on legal education and admission to the bar of the American Bar Association, and that such applicant has received, or will receive within sixty (60) days, a diploma or certificate from such school evidencing the satisfactory completion of such course, but in no event shall any applicant under this paragraph be admitted to the bar until such applicant actually receives such diploma or certificate. However, an applicant who, as of November 1, 1981, was previously enrolled in a law school in active existence in Mississippi for more than ten (10) years prior to the date of application shall be eligible for examination for admission; provided that such an applicant graduated prior to November 1, 1984;

(ii) That he has notified the Board of Bar Admissions in writing of an intention to pursue a general course of study of law under the supervision of a Mississippi lawyer prior to July 1, 1979, and in fact began study prior to July 1, 1979, and who completed the required course of study prior to November 1, 1984, in accordance with Sections 73-3-13(b) and 73-3-15 as the same exist prior to November 1, 1979; or

(iii) That in addition to complying with either of the above requirements, he has received a bachelor's degree from an accredited college or university or that he has received credit for the requirements of the first three (3) years of college work from a college or university offering an integrated six-year prelaw and law course, and has completed his law course at a college or university offering such an integrated six-year course. However, applicants who have already begun the general course of study of law as of November 1, 1979, either in a law school or under the supervision of a Mississippi lawyer shall submit proof they have successfully completed two (2) full years of college work.

(b) The applicant shall bear the burden of establishing his or her qualifications for admission to the satisfaction of the Board of Bar Admissions. An applicant denied admission for failure to satisfy qualifications for admission shall have the right to appeal from the final order of the board to the Chancery Court of Hinds County, Mississippi, within thirty (30) days of entry of such order of denial.

(3) Creation of Board of Bar Admissions. There is hereby created a board to be known as the “Board of Bar Admissions” which shall be appointed by the Supreme Court of Mississippi. The board shall consist of nine (9) members, who shall be members in good standing of the Mississippi State Bar and shall serve for terms of three (3) years. Three (3) members shall be appointed from each Supreme Court district, one (1) by each Supreme Court Justice from his district, with the original appointments to be as follows: Three (3) to be appointed for a term of one (1) year, three (3) to be appointed for a term of two (2) years, and three (3) to be appointed for a term of three (3) years, one (1) from each district to be appointed each year. No member of the Board of Bar Admissions may be a member of the Legislature. Vacancies during a term shall be filled by the appointing justice or his successor for the remainder of the unexpired term.

The board shall promulgate the necessary rules for the administration of their duties, subject to the approval of the Chief Justice of the Supreme Court.

(4) Written examination as prerequisite to admission. Every person desiring admission to the bar shall be required to take and pass a written bar examination in a manner satisfactory to the Board of Bar Admissions. The Board of Bar Admissions shall conduct not less than two (2) bar examinations each year.

(5) Oath and compensation of board members. The members of the Board of Bar Admissions shall take and subscribe an oath to be administered by one (1) of the judges of the Supreme Court to faithfully and impartially discharge the duties of the office. The members shall receive compensation as established by the Supreme Court for preparing, giving and grading the examination plus all reasonable and necessary travel expenses incurred in the performance of their duties under the provisions of this section.

(6) Procedure for applicants who have failed. Any applicant who fails the examination shall be allowed to take the next scheduled examination. A failing applicant may request in writing from the board, within thirty (30) days after the results of the examination have been made public, copies of his answers and model answers used in grading the examination, at his expense. If a uniform, standardized examination is administered, the board shall only be required to provide the examination grade and such other information concerning the applicant's examination results which are available to the board. Any failing applicant shall have a right to a review of his failure by the board. The board shall enter an order on its minutes, prior to the administration of the next bar examination, either granting or denying the applicant's review, and shall notify the applicant of such order. The applicant shall have the right to appeal from this order to the Chancery Court of Hinds County, Mississippi, within thirty (30) days of entry of such order.

(7) Fees. The board shall set and collect the fees for examination and for admission to the bar. The fees for examination shall be based upon the annual cost of administering the examinations. The fees for admission shall be based upon the cost of conducting an investigation of the applicant and the administrative costs of sustaining the board, which shall include, but shall not be limited to:

(a) Expenses and travel for board members;

(b) Office facilities, supplies and equipment; and

(c) Clerical assistance.

All fees collected by the board shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said board. All such funds shall be expended only in accordance with the provisions of Chapter 496, Laws of 1962, as amended, being Section 27-103-1 et seq., Mississippi Code of 1972 .

(8) The board, upon finding the applicant qualified for admission, shall issue to the applicant a certificate of admission. The applicant shall file the certificate and a petition for admission in the Chancery Court of Hinds County, Mississippi, or in the chancery court in the county of his residence, or, in the case of an applicant who is a nonresident of the State of Mississippi, in the chancery court of a county in which the applicant intends to practice. The chancery court shall, in termtime or in vacation, enter on the minutes of that court an order granting to the applicant license to practice in all courts in this state, upon taking by the applicant in the presence of the court, the oath prescribed by law, Section 73-3-35, Mississippi Code of 1972 .

(9) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972 .
Miss. Code Ann. § 73-53-8 — MS Code / Title 73 / Chapter 1 / Section 53-8
Miss. Code Ann. § 73-53-8
Status: in_force

(1) There is created the Board of Examiners for Social Workers and Marriage and Family Therapists to license and regulate social workers and marriage and family therapists. The board shall be composed of ten (10) members, six (6) of which shall be social workers and four (4) of which shall be marriage and family therapists.

(2) Of the social worker members of the board, two (2) must be licensed social workers, and four (4) must be licensed master social workers or licensed certified social workers or a combination thereof. The marriage and family therapist members of the board must be licensed marriage and family therapists. For at least two (2) years immediately preceding his or her appointment, each marriage and family therapist appointee must have been actively engaged as a marriage and family therapist in rendering professional services in marriage and family therapy, or in the education and training of master's, doctoral or post-doctoral students of marriage and family therapy, or in marriage and family therapy research, and during the two (2) years preceding his or her appointment, must have spent the majority of the time devoted to that activity in this state. The initial marriage and family therapist appointees shall be deemed to be and shall become licensed practicing marriage and family therapists immediately upon their appointment and qualification as members of the board. All subsequent marriage and family therapist appointees to the board must be licensed marriage and family therapists before their appointment.

(3) The Governor shall appoint six (6) members of the board, four (4) of which shall be social workers and two (2) of which shall be marriage and family therapists, and the Lieutenant Governor shall appoint four (4) members of the board, two (2) of which shall be social workers and two (2) of which shall be marriage and family therapists. Social worker members of the board shall be appointed from nominations submitted by the Mississippi Chapter of the National Association of Social Workers, and marriage and family therapist members of the board shall be appointed from nominations submitted by the Mississippi Association for Marriage and Family Therapy. All appointments shall be made with the advice and consent of the Senate.

(4) The initial appointments to the board shall be made as follows: The Governor shall appoint one (1) social worker member for a term that expires on June 30, 1999, one (1) social worker member for a term that expires on June 30, 2001, two (2) social worker members for terms that expire on June 30, 2002, one (1) marriage and family therapist member for a term that expires on June 30, 1998, and one (1) marriage and family therapist member for a term that expires on June 30, 2000. The Lieutenant Governor shall appoint one (1) social worker member for a term that expires on June 30, 1998, one (1) social worker member for a term that expires on June 30, 2000, one (1) marriage and family therapist member for a term that expires on June 30, 1999, and one (1) marriage and family therapist member of the board for a term that expires on June 30, 2001. After the expiration of the initial terms, all subsequent appointments shall be made by the original appointing authorities for terms of four (4) years from the expiration date of the previous term. Upon the expiration of his or her term of office, a board member shall continue to serve until his or her successor has been appointed and has qualified. No person may be appointed more than once to fill an unexpired term or more than two (2) consecutive full terms.

(5) Any vacancy on the board before the expiration of a term shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Appointments to fill vacancies shall be made from nominations submitted by the appropriate organization as specified in subsection (2) of this section for the position being filled.

(6) The appointing authorities shall give due regard to geographic distribution, race and sex in making all appointments to the board.

(7) The board shall select one (1) of its members to serve as chairman during the term of his or her appointment to the board. No person may serve as chairman for more than four (4) years. The board may remove any member of the board or the chairman from his or her position as chairman for (a) malfeasance in office, or (b) conviction of a felony or a crime of moral turpitude while in office, or (c) failure to attend three (3) consecutive board meetings. However, no member may be removed until after a public hearing of the charges against him or her, and at least thirty (30) days' prior written notice to the accused member of the charges against him or her and of the date fixed for such hearing. No board member shall participate in any matter before the board in which he has a pecuniary interest, personal bias or other similar conflict of interest.

(8) Board members shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official board business as provided in Section 25-3-41 .

(9) Four (4) social worker members and three (3) marriage and family therapist members of the board shall constitute a quorum of the board. In making its decisions and taking actions affecting the members of one (1) of the professions regulated by the board, the board shall consider the recommendations of the board members who are members of that profession. If the board is unable to have a quorum present at a regularly scheduled meeting location, the board may allow other members to participate in the meeting by telephone or other electronic means. In the case of an administrative hearing, when recusals from the process are necessary, a quorum may consist of a simple majority of six (6) members.

(10) The principal office of the board shall be in the City of Jackson, but the board may act and exercise all of its powers at any other place. The board shall adopt an official seal, which shall be judicially noticed and which shall be affixed to all licenses issued by the board.

(11) The board is authorized to employ, subject to the approval of the State Personnel Board, an executive director and such attorneys, experts and other employees as it may, from time to time, find necessary for the proper performance of its duties and for which the necessary funds are available, and to set the salary of the executive director, subject to the approval of the State Personnel Board.

(12) The board, by a majority vote, from time to time, may make such provisions as it deems appropriate to authorize the performance by any board member or members, employee or other agent of the board of any function given the board in this chapter or Sections 73-54-1 through 73-54-39 .
Miss. Code Ann. § 73-6-18 — MS Code / Title 73 / Chapter 2 / Section 6-18
Miss. Code Ann. § 73-6-18
Status: in_force

These standards apply to all licensed chiropractors and chiropractic assistants. These standards also apply to those consultations and examinations advertised as a reduced fee or free (no charge) service:

(a) The chiropractor shall maintain records for patients which accurately, legibly and completely reflect the evaluation and treatment of the patient.

(b) All patient records shall include patient history, symptomatology, examination, diagnosis, prognosis and treatment. If abbreviations or symbols are used in daily record keeping, a key must be provided.

(c) In the event that the board takes disciplinary action against a chiropractor for any reason, these minimum record keeping standards will apply. It is understood that these procedures are the accepted standard(s) and anything less than this shall be considered unprofessional conduct in the practice of chiropractic.
Miss. Code Ann. § 73-34-113 — MS Code / Title 73 / Chapter 1 / Section 34-113
Miss. Code Ann. § 73-34-113
Status: in_force

(1) An appraisal management company doing business in this state as an appraisal management company shall not:

(a) Knowingly employ any individual to perform appraisal services, who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked; or

(b) Knowingly enter into any independent contractor arrangement for the performance of appraisal services, in verbal, written, or other form, with any individual who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked.

(2) Before assigning appraisal orders, the appraisal management company shall have a system in place to verify that a person being added to the appraiser panel holds the appropriate appraiser credential in good standing.

(3) Each appraisal management company doing business as an appraisal management company shall certify to the board on an annual basis on a form prescribed by the board that the appraisal management company has systems in place to verify that:

(a) An individual on the appraiser panel has not had a license or certification as an appraiser refused, denied, cancelled, revoked or surrendered in lieu of a pending revocation in the previous twelve (12) months; and

(b) Only licensed or certified appraisers are used to complete appraisal assignments in connection with federally related transactions.
Miss. Code Ann. § 73-57-5 — MS Code / Title 73 / Chapter 1 / Section 57-5
Miss. Code Ann. § 73-57-5
Status: in_force

The following terms shall have the meaning ascribed herein unless the context otherwise requires:

(a) “ Board ” shall mean the Mississippi State Board of Health.

(b) “ Council ” shall mean the Respiratory Care Advisory Council.

(c) “ License ” shall mean the document of licensure issued by the board.

(d) “ Respiratory care ” shall mean the allied health profession responsible for the treatment, management, diagnostic testing, control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system, pursuant to the orders of a physician licensed in the State of Mississippi.

(e) “Practice of respiratory care” shall include, but not be limited to: direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician; transcription and implementation of the written or verbal orders of a physician pertaining to the practice of respiratory care; observing and monitoring signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics; and implementation based on observed abnormalities, of appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a person authorized to practice medicine under the laws of the State of Mississippi; or the initiation of emergency procedures under the regulations of the board or as otherwise permitted in this chapter. The practice of respiratory care may be performed in any clinic, hospital, skilled nursing facility, and private dwelling, or other place deemed appropriate or necessary by the board, in accordance with the prescription or verbal order of a physician.

(f) “ Performance of respiratory care ” means respiratory care in accordance with the prescription of a licensed physician and includes, but is not limited to, the diagnostic and therapeutic use of the following: administration of medical gases (except for the purpose of anesthesia), aerosols and humidification; environmental control mechanisms and hyperbaric therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airway; insertion and maintenance of artificial airways; specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures, flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions, and pulmonary function testing; and hemodynamic and other related physiologist measurements of the cardiopulmonary system.

(g) “ Respiratory care practitioner ” means:

(i) A person employed in the practice of respiratory care who has the knowledge and skill necessary to administer respiratory care as defined in subsections (e) and (f) of this section;

(ii) A person who is capable of serving as a resource to the physician in relation to the technical aspects of respiratory care as to safe and effective methods for administering respiratory care modalities;

(iii) A person who is able to function in situations of unsupervised patient contact requiring great individual judgment; and

(iv) A person capable of supervising, directing and teaching less skilled personnel in the provision of respiratory care services.

(h) Respiratory care includes “inhalation therapy” and “respiratory therapy.”
Miss. Code Ann. § 73-21-77 — MS Code / Title 73 / Chapter 1 / Section 21-77
Miss. Code Ann. § 73-21-77
Status: in_force

(1) Each person appointed as a member of the board shall qualify by taking the oath prescribed by the Constitution for the state officers, and shall file certificate thereof in the Office of the Secretary of State within fifteen (15) days after his appointment.

(2) There shall be a president of the board and such other officers as deemed necessary by the board elected by and from its membership.

(3) The board shall meet at least once each quarter to transact business, and may meet at such additional times as it may deem necessary. Such additional meetings may be called by the president of the board or a majority of the members of the board.

(4) The place for each meeting shall be determined prior to giving notice of such meeting and shall not be changed after such notice is given without adequate subsequent notice.

(5) A majority of the members of the board shall constitute a quorum for the conduct of the meeting and all actions of the board shall be by a majority.

(6) Each member of the board shall receive a per diem as provided in Section 25-3-69 , not to exceed thirty (30) days in any one (1) period of twelve (12) months, for each day actually engaged in meetings of the board, together with necessary traveling and other expenses as provided in Section 25-3-41 .
Miss. Code Ann. § 73-3-145 — MS Code / Title 73 / Chapter 1 / Section 3-145
Miss. Code Ann. § 73-3-145
Status: in_force

(1) It shall be the duty of the Mississippi Bar, by and through its president, to recommend to the State Legislature such legislation relating to the courts, to matters of pleading, practice and procedure, and any other legislation which in its judgment will improve the courts and the law, or render the members of the bar more efficient as ministers of justice and the courts more efficient as instrumentalities for its attainment.

(2) The bar shall have the right to make rules and bylaws not in conflict with any of the terms of this article concerning the selection and tenure of its officers and committees and their powers and duties, and generally for the control and regulation of the business of the board and of the bar.

(3) The bar shall have the authority to hold and conduct educational and social meetings and activities among the members of the bar, to publish journals and generally to do such things as in their judgment may tend to improve the educational and ethical standing of the bench and bar.
Miss. Code Ann. § 73-2-21 — MS Code / Title 73 / Chapter 2 / Section 2-21
Miss. Code Ann. § 73-2-21
Status: in_force

It shall be a misdemeanor for any person to:

(a) Offer to practice or hold himself out as entitled to practice landscape architecture, unless duly certified and registered under this chapter.

(b) Present as his own the certificate of another.

(c) Give false or forged evidence to the board or any member thereof in obtaining a certificate.

(d) Falsely impersonate any other practitioner of like or different name.

(e) Use or attempt to use a certificate that has been revoked.

(f) Otherwise violate any of the provisions of this chapter.

Such misdemeanor shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00), or imprisonment for not more than one (1) year in the county jail, or both.

If any person, firm or corporation violates any of the provisions of this chapter, the secretary of the board shall, upon direction of a majority of the board, in the name of the State of Mississippi, acting through an attorney employed by the board, apply in any chancery court of competent jurisdiction for an injunction or temporary restraining order pursuant to the Mississippi Rules of Civil Procedure enjoining such violation or for an order enforcing compliance with the provisions of this chapter. If at such hearing it is established that such person has violated or is violating this chapter, the court may, in addition to enjoining such violation or enforcing compliance with this chapter, award all cost and expenses, including reasonable attorney's fees, to the board. In case of violation of any decree issued in compliance with this paragraph, the court may try and punish the offender for contempt of court and shall fine such offender a sum of not less than Two Hundred Fifty Dollars ($250.00) per offense. Each day of such violation shall constitute a distinct and separate offense.
Miss. Code Ann. § 73-60-43 — MS Code / Title 73 / Chapter 1 / Section 60-43
Miss. Code Ann. § 73-60-43
Status: in_force

Any condition, stipulation or provision binding any person engaging the services of a home inspector to waive compliance with any provision of this chapter or any rule or order hereunder is void.
Miss. Code Ann. § 73-39-65 — MS Code / Title 73 / Chapter 1 / Section 39-65
Miss. Code Ann. § 73-39-65
Status: in_force

Any person who holds a valid license to practice veterinary medicine in this state on July 1, 2005, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he complies with this chapter.
Miss. Code Ann. § 73-39-75 — MS Code / Title 73 / Chapter 1 / Section 39-75
Miss. Code Ann. § 73-39-75
Status: in_force

(1) All licenses shall expire August 1 of each year but may be renewed by registration with the board and payment of the license renewal fee. At least thirty (30) days in advance, the board shall mail an expiration notice to each licensed veterinarian and include a form for renewal.

(2) The board shall establish the continuing education requirements that must be met for license renewal.

(3) Any person may renew an expired license within five (5) years of the date of its expiration by making written application for renewal, paying the current renewal fee and a reinstatement fee of Five Hundred Dollars ($500.00), plus all delinquent renewal fees and complying with continuing education requirements.

(4) The board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the armed services of the United States.

(5) Any licensed veterinarian who is sixty-five (65) years of age or older and who is employed as a veterinarian on a part-time basis only shall be exempt from payment of such renewal fee.

(6) The payment of the annual license renewal fee shall be optional for all veterinarians seventy (70) years and older.
Miss. Code Ann. § 73-34-115 — MS Code / Title 73 / Chapter 1 / Section 34-115
Miss. Code Ann. § 73-34-115
Status: in_force

Any employee of, or independent contractor to, the appraisal management company that performs a USPAP Standard 3 appraisal review of an appraisal report on property located in this state shall be an appraiser with the proper level of licensure in Mississippi. Quality control examinations are exempt from this requirement, as they are not considered a Standard 3 review.
Miss. Code Ann. § 73-13-23 — MS Code / Title 73 / Chapter 2 / Section 13-23
Miss. Code Ann. § 73-13-23
Status: in_force

(1)(a) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer:

Graduation in an engineering curriculum of four (4) years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein the same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; a specific record of four (4) years of qualifying engineering experience indicating that the applicant is competent to practice engineering (in counting years of experience, the board at its discretion may give credit not in excess of three (3) years for satisfactory graduate study in engineering), and the successful passing of examinations in engineering as prescribed by the board.

(b) In considering the qualifications of applicants, engineering teaching may be construed as engineering experience.

(c) The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be the practice of engineering.

(d) Any person having the necessary qualifications prescribed in Sections 73-13-1 through 73-13-45 to entitle him to licensure shall be eligible for such licensure although he may not be practicing his profession at the time of making his application.

(e) No person shall be eligible for licensure as a professional engineer who is not of good character and reputation, as defined in the board's Code of Professional Conduct, or who presents claims in support of his application which contain major discrepancies.

(2) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for enrollment as an engineer intern:

(a) Graduation in an engineering curriculum of four (4) scholastic years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein that same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; and

(b) Successfully passing a written examination in the fundamental engineering subjects.
Miss. Code Ann. § 73-54-27 — MS Code / Title 73 / Chapter 1 / Section 54-27
Miss. Code Ann. § 73-54-27
Status: in_force

(1) Except as provided in Section 33-1-39 , licenses issued under this chapter shall be valid for two (2) years and must be renewed biennially, with the renewal fee being determined by the board but not to exceed Three Hundred Fifty Dollars ($350.00).

(2) The license of any marriage and family therapist or marriage and family therapy associate who fails to renew biennially by the license expiration date shall lapse; the failure to renew the license shall not deprive the marriage and family therapist or marriage and family therapy associate of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears.

(3) A marriage and family therapist wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure.

(4) The board shall require each licensed marriage and family therapist and marriage and family therapy associate to participate in approved continuing education activities in order to renew a license issued under this chapter.

(5) Any licensed marriage and family therapist who notifies the board, in writing on forms prescribed by the board, may place his or her license on inactive status and shall be excused from the payment of renewal fees until the person notifies the board in writing of the intention to resume active practice. Any licensed marriage and family therapist requesting his or her license to be changed from inactive to active status shall be required to pay the current fee and shall also demonstrate compliance with continuing education requirements as defined by the board. Licensed marriage and family therapy associates are not eligible for inactive status.
Miss. Code Ann. § 73-31-15 — MS Code / Title 73 / Chapter 1 / Section 31-15
Miss. Code Ann. § 73-31-15
Status: in_force

(1) Upon application accompanied by the proper fee, the board may issue a license to any psychologist who furnishes, upon a form and in the manner as the board prescribes, evidence satisfactory to the board that he or she is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or possesses a valid Certificate of Professional Qualification (CPQ) granted by the Association of State and Provincial Psychology Boards; or has at least twenty (20) years of licensure to practice in another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico or Canadian Province when that license was based on a doctoral degree; and

(a) Has had no disciplinary sanction during the entire period of licensure; and

(b) Is not currently under investigation by another licensure board; and

(c) Has demonstrated current qualification by successfully passing the oral examination and jurisprudence examination.

(2) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable.

(3) The board may grant the authority to practice interjurisdictional telepsychology to persons who are licensed in another state or jurisdiction who meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 73-31-51 .
Miss. Code Ann. § 73-3-41 — MS Code / Title 73 / Chapter 2 / Section 3-41
Miss. Code Ann. § 73-3-41
Status: in_force

Every person who has been or shall hereafter be convicted of felony in a court of this or any other state or a court of the United States, manslaughter or a violation of the Internal Revenue Code excepted, shall be incapable of obtaining a license to practice law. Any court of the State of Mississippi in which a licensed attorney shall have been convicted of a felony, other than manslaughter or a violation of the Internal Revenue Code, shall enter an order disbarring the attorney.
Miss. Code Ann. § 73-6-29 — MS Code / Title 73 / Chapter 1 / Section 6-29
Miss. Code Ann. § 73-6-29
Status: in_force

Anyone failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), and/or by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year.

All subsequent offenses shall be separate and distinct offenses, and punishable in like manner.

The State Board of Chiropractic Examiners or the district attorney or county attorney of the county in which the defendant may reside or the Attorney General of Mississippi may institute legal action as provided by law against any person violating the provisions of this chapter, and the chancery court of the county in which any such violation occurred or in which any such person resides or practices shall have jurisdiction to grant injunctive relief against the continuation of any such violation.
Miss. Code Ann. § 73-24-19 — MS Code / Title 73 / Chapter 1 / Section 24-19
Miss. Code Ann. § 73-24-19
Status: in_force

(1) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that he or she meets the following requirements:

(a) Is of good moral character;

(b) Has been awarded a degree from an education program in occupational therapy recognized by the board, with a concentration of instruction in basic human sciences, the human development process, occupational tasks and activities, the health-illness-health continuum, and occupational therapy theory and practice:

(i) For an occupational therapist, such program shall be accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association or the board-recognized accrediting body;

(ii) For an occupational therapy assistant, such a program shall be accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association or the board-recognized accrediting body;

(c) Has successfully completed a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution where he or she met the academic requirements:

(i) For an occupational therapist, the required supervised fieldwork experience shall meet current national standards that are published annually by the board;

(ii) For an occupational therapy assistant, the required supervised fieldwork experience shall meet national standards that are published annually by the board.

(2) The board shall approve an examination for occupational therapists and an examination for occupational therapy assistants that will be used as the examination for licensure.

(3) Any person applying for licensure shall, in addition to demonstrating his or her eligibility in accordance with the requirements of this section, make application to the board for review of proof of his or her eligibility for certification by the National Board for Certification in Occupational Therapy, Inc. (NBCOT), or its successor organization, on a form and in such a manner as the board shall prescribe. The application shall be accompanied by the fee fixed in accordance with the provisions of Section 73-24-29 . The board shall establish standards for acceptable performance on the examination. A person who fails an examination may apply for reexamination upon payment of the prescribed fee.

(4) Applicants for licensure shall be examined at a time and place and under such supervision as the board may require. The board shall give reasonable public notice of these examinations in accordance with its rules and regulations.

(5) An applicant may be licensed as an occupational therapist if he or she: (a) has practiced as an occupational therapy assistant for four (4) years, (b) has completed the requirements of a period of six (6) months of supervised fieldwork experience at a recognized educational institution or a training program approved by a recognized accredited educational institution before January 1, 1988, and (c) has passed the examination for occupational therapists.

(6) An applicant applying for a compact privilege to practice as an occupational therapist or as an occupational therapy assistant must meet the requirements set out in the Occupational Therapy Licensure Compact provided for in Section 73-24-51 .

(7) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 .
Miss. Code Ann. § 73-4-25 — MS Code / Title 73 / Chapter 2 / Section 4-25
Miss. Code Ann. § 73-4-25
Status: in_force

(1) The commission may refuse to issue or renew a license, place a licensee on probation or administrative supervision, suspend or revoke any license, or may reprimand or take any other action in relation to a license, including the imposition of a fine not to exceed Five Thousand Dollars ($5,000.00) for each violation upon a licensee, or applicant for licensure, under this chapter for any of the following reasons:

(a) Knowingly filing or causing to be filed a false application.

(b) Failure to enter into a written contract with a seller or consignor prior to placing or permitting advertising for an auction sale to be placed.

(c) Failure by the licensee to give the seller or consignor a signed receipt for items received for sale at auction, either by item or lot number at the time the goods are received, unless the goods are to remain in the possession of the seller or consignor.

(d) Failure to give the seller or consignor a statement or lot description, selling price, purchaser's identity and the net proceeds due to the seller or consignor.

(e) Failure to place funds received from an auction sale in an escrow or trust account, and failure to make timely settlement on escrowed funds. Absent a written agreement to the contrary, five (5) business days shall be deemed timely for settlement on personal property.

(f) Permitting an unlicensed auctioneer to call for bids in an auction sale.

(g) Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.

(h) Any course of intentional, willful or wanton conduct by a licensee or such licensee's employees which misleads or creates a false impression among the seller, buyer, bidders and the auctioneer in the advertising, conducting and closing of an auction sale.

(i) A continued and flagrant course of misrepresentation or making false promises, either by the licensee, an employee of the licensee, or by someone acting on behalf of and with the licensee's consent.

(j) Any failure to account for or to pay over within a reasonable time funds belonging to another which have come into the licensee's possession through an auction sale.

(k) Any false, misleading or untruthful advertising.

(l) Any act of conduct in connection with a sales transaction which demonstrates bad faith or dishonesty.

(m) Knowingly using false bidders, cappers or pullers, or knowingly making a material false statement or representation.

(n) Commingling the funds or property of a client with the licensee's own or failing to maintain and deposit in a trust or escrow account in an insured bank or savings and loan association located in Mississippi funds received for another person through sale at auction.

(o) Failure to give full cooperation to the commission and/or its designees, agents or other representatives in the performance of official duties of the commission. Such failure to cooperate includes, but is not limited to:

(i) Failure to properly make any disclosures or to provide documents or information required by this chapter or by the commission;

(ii) Not furnishing, in writing, a full and complete explanation covering the matter contained in a complaint filed with the commission;

(iii) Failure, without good cause, to cooperate with any request by the board to appear before it;

(iv) Not providing access, as directed by the commission, for its authorized agents or representatives seeking to perform reviews, audits or inspections at facilities or places utilized by the license holder in the auction business;

(v) Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees;

(vi) Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or willfully interfering with a board investigation.

(p) A demonstrated lack of financial responsibility.

(q) Having had a license for the practice of auctioneering or the auction business suspended or revoked in any jurisdiction, having voluntarily surrendered a license in any jurisdiction, having been placed on probation in any jurisdiction, having been placed under disciplinary order(s) or other restriction in any manner for auctioneering or the auction business (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action).

(r) Any violation of this chapter or any violation of a rule or regulation duly adopted by the commission.

(2) In addition to the acts specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 . The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 . If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control.
Miss. Code Ann. § 73-11-55 — MS Code / Title 73 / Chapter 1 / Section 11-55
Miss. Code Ann. § 73-11-55
Status: in_force

(1) No person or party shall conduct, maintain, manage or operate a funeral establishment or branch thereof unless a license for each such establishment has been issued by the board and is conspicuously displayed in such funeral establishment. In case of funeral services held in any private residence, church, cemetery, cemetery chapel, cemetery facility, or lodge hall, no license shall be required.

(2) There shall be four (4) funeral establishment license classifications:

(a) Full-service funeral establishment;

(b) Branch establishment;

(c) Mortuary service establishment; and

(d) Crematory establishment.

(3) To be licensed as a funeral establishment, a place or premise must be at a fixed and specified address or location and must be used for immediate post-death activities, whether used for the custody, shelter, care, preparation and/or embalming of the human dead. Every funeral establishment shall be under the charge and personal supervision of a Mississippi funeral director licensee or a Mississippi funeral service licensee. The licensee in charge and the licensee with personal supervisory responsibilities need not be the same licensee. Each licensed funeral establishment shall be inspected at least once during each licensing period. Such inspections may be unannounced. After inspection of a funeral establishment, if the board cites the funeral establishment for failure to comply with any provision of this chapter or a rule or regulation of the board, the funeral establishment shall resolve the violation to the satisfaction of the board and be in full compliance with this chapter and board rules and regulations not later than thirty (30) days after the board files the inspection report.

(4)(a) A funeral establishment where embalming is conducted must contain an embalming room with a sanitary floor, walls and ceiling, adequate sanitary drainage and disposal facilities, including running water and exhaust fans. A full-service funeral establishment must also have an adequate casket and/or vault selection room, holding facilities and proper room or rooms in which rites and ceremonies may be held. A funeral establishment shall be subject to an inspection at least once during a two-year license period. Each new establishment must be inspected before the opening. All portions of each facility licensed under this section shall be kept in a clean and sanitary condition.

(b)(i) A branch establishment must contain an office and/or an arrangement room, and a room for viewing and/or a chapel or proper place for ceremonies. A branch establishment need not meet all requirements specified in paragraph (a) of this subsection and need not be under the personal supervision of a Mississippi funeral director licensee or a Mississippi funeral service licensee.

(ii) If the branch meets all requirements of a funeral establishment as specified in paragraph (a) of this subsection, such establishment must be under the charge and personal supervision of a Mississippi funeral director licensee or a Mississippi funeral service licensee.

(c) A commercial mortuary service is a funeral establishment that embalms and transports for licensed funeral establishments and does not sell any services or merchandise directly or at retail to the public. A mortuary service establishment shall not arrange or conduct a funeral or direct burial. A mortuary service establishment may arrange for and transport dead human bodies for direct cremation purposes only under the following circumstances:

(i) On behalf of a full-service funeral establishment;

(ii) On behalf of a branch funeral establishment; or

(iii) At the direction of a public administrator, medical examiner, coroner or any other public official charged with arranging the final disposition of dead human bodies.

(d) A crematory establishment shall have the authority to cremate dead human bodies and to transport dead human bodies to and from the establishment and shall meet the requirements of Section 73-11-69 . An establishment licensed only as a crematory establishment is prohibited from the care and preparation of dead human bodies other than by cremating and shall also be prohibited from embalming, making funeral arrangements or cremation arrangements with any person or party that is not licensed by the board, conducting visitations and funeral ceremonies, and furnishing any funeral service in connection with the disposition of dead human bodies or selling funeral merchandise.

(5) Applications for funeral establishment licenses, branch establishment licenses or commercial mortuary service licenses shall be made on blanks furnished by the board and shall be accompanied by a fee in an amount fixed by the board under Section 73-11-56 . All establishment licenses shall be issued for a period of two (2) years, except initial licenses may be prorated from the date of issuance to the next renewal date.

Renewal funeral establishment and branch establishment license applications and license fees shall be due and payable to the board on or before the expiration date of the license. The board shall mail the notice of renewal and the due date for payment of the renewal fee at least thirty (30) days before that date. Failure of the license holder to receive the notice of renewal shall not exempt or excuse the holder from the requirement of renewing the license on or before the license expiration date.

(6) If the renewal fee is not paid on or postmarked by the due date, the license shall by operation of law automatically expire and become void without further action of the board. All establishments whose licenses have expired under this section may be reinstated by filing with the board an application for reinstatement, submitting to an inspection during which time the licensee in charge of such establishment shall be interviewed by the board or its designee and by paying all renewal fees, a reinstatement fee, and other applicable fees.

(7) No license shall be assignable or transferable or valid for any establishment other than the original licensee. License fees and application fees are nonrefundable.

(8) A license for each new establishment shall not be issued until an inspection has been made, license and inspection fees have been paid, and the licensee in charge and/or owners of such establishment has been interviewed by the board or its designee.

(9) The board is authorized to establish rules and regulations for the issuance of a special funeral establishment work permit.
Miss. Code Ann. § 73-73-1 — MS Code / Title 73 / Chapter 1 / Section 73-1
Miss. Code Ann. § 73-73-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Certified Interior Designer Act.”
Miss. Code Ann. § 73-59-17 — MS Code / Title 73 / Chapter 1 / Section 59-17
Miss. Code Ann. § 73-59-17
Status: in_force

The building official, or other authority charged with the duty of issuing building or similar permits, of any municipality or county, shall refuse to issue a permit for any undertaking which would classify the applicant as a residential builder or remodeler under this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, shall also report to the board the name and address of any person who, in his opinion, has violated this chapter by accepting, or contracting to accomplish, work which would classify the person as a residential builder or remodeler under this chapter without a license or acknowledgement.
Miss. Code Ann. § 73-35-105 — MS Code / Title 73 / Chapter 1 / Section 35-105
Miss. Code Ann. § 73-35-105
Status: in_force

(1) The IREBEA program shall be a voluntary program based upon willing participation by real estate brokers, whether proprietorships, partnerships or professional corporations.

(2) IREBEA shall apply to all clients or customers of the participating brokers whose funds on deposit are either nominal in amount or to be held for a short period of time.

(3) The following principles shall apply to clients' or customers' funds which are held by brokers who elect to participate in IREBEA:

(a) No earnings on the IREBEA accounts may be made available to or utilized by a broker.

(b) Upon the request of the client or customer, earnings may be made available to the client whenever possible upon deposited funds which are neither nominal in amount nor to be held for a short period of time; however, traditional broker-client or broker-customer relationships do not compel brokers either to invest clients' or customers' funds or to advise clients or customers to make their funds productive.

(c) Clients' or customers' funds which are nominal in amount or to be held for a short period of time shall be retained in an interest-bearing checking or savings trust account with the interest, less any service charge or fees, made payable at least quarterly to any chair of real estate, local affiliate of Habitat for Humanity International, Inc., or local affiliate of Fuller Center for Housing, Inc. A separate accounting shall be made annually for all funds received.

(d) The broker shall select in writing that the chair of real estate, local affiliate of Habitat for Humanity International, Inc., or local affiliate of Fuller Center for Housing, Inc., shall be the beneficiary of such funds for the interest earnings on such funds. The interest earnings shall not be divided between one or more beneficiaries.

(e) The determination of whether clients' or customers' funds are nominal in amount or to be held for a short period of time rests in the sound judgment of each broker, and no charge of ethical impropriety or other breach of professional conduct shall attend a broker's exercise of judgment in that regard.

(f) Notification to clients or customers whose funds are nominal in amount or to be held for a short period of time is unnecessary for those brokers who choose to participate in the program. Participation in the IREBEA program is accomplished by the broker's written notification to an authorized financial institution. That communication shall contain an expression of the broker's desire to participate in the program and, if the institution has not already received appropriate notification, advice regarding the Internal Revenue Service's approval of the taxability of earned interest or dividends to a chair of real estate, or a local affiliate of Habitat for Humanity International, Inc., or local affiliate of Fuller Center for Housing, Inc.

(4) The following principles shall apply to those clients' or customers' funds held in trust accounts by brokers who elect not to participate in IREBEA:

(a) No earnings from the funds may be made available to any broker.

(b) Upon the request of a client or customer, earnings may be made available to the client or customer whenever possible upon deposited funds which are neither nominal in amount nor to be held for a short period of time; however, traditional broker-client or broker-customer relationships do not compel brokers either to invest clients' or customers' funds or to advise clients or customers to make their funds productive.

(c) Clients' or customers' funds which are nominal in amount or to be held for short periods of time, and for which individual income generation allocation is not arranged with a financial institution, shall be retained in a noninterest-bearing demand trust account.

(d) The determination of whether clients' or customers' funds are nominal in amount or to be held for a short period of time rests in the sound judgment of each broker, and no charge of ethical impropriety or other breach of professional conduct shall attend a broker's exercise of judgment in that regard.

(5) The Mississippi Real Estate Commission shall adopt appropriate and necessary rules in compliance with the provisions of Sections 73-35-101 through 73-35-105 .
Miss. Code Ann. § 73-34-19 — MS Code / Title 73 / Chapter 1 / Section 34-19
Miss. Code Ann. § 73-34-19
Status: in_force

The following shall be the two (2) classes for licensed certified real estate appraisers:

(a) Licensed certified residential real estate appraiser. The licensed certified residential real estate appraiser classification shall consist of those persons who meet the requirements that relate to the appraisal of residential real property of one (1) to four (4) units without regard to transaction value or complexity. In addition, when nonfederally related transactions are involved, the licensed certified residential real estate appraiser shall enjoy the same privileges as set forth for the licensed real estate appraiser.

(b) Licensed certified general real estate appraiser. The licensed certified general real estate appraiser classification shall consist of those persons who meet the requirements relating to the appraisal of all types of real estate.

Each application for licensing as a licensed certified real estate appraiser, or for the renewal of a license, and each application to take an examination, shall specify the classification of licensing being applied for and, if applicable, the class of license previously granted. Each applicant shall be trustworthy and competent to transact the business of real estate appraising and comply with such other requirements as may be prescribed by the board.
Miss. Code Ann. § 73-35-14.5 — MS Code / Title 73 / Chapter 1 / Section 35-14.5
Miss. Code Ann. § 73-35-14.5
Status: in_force

(1) Upon passing the Mississippi broker's or salesperson's examination and complying with all other conditions for licensure, a temporary license shall be issued to the applicant. The fee for the temporary license shall also be the same for the permanent license as provided in Section 73-35-17 . A temporary license shall be valid for a period of one (1) year following the first day of the month after its issuance.

(2) All Mississippi residents who apply for and receive a nonresident Mississippi broker's or salesperson's license shall be subject to the requirements under this section, including temporary licensure and completion of a thirty-hour post-license course.

(3) The holder of a temporary license shall not be issued a permanent license until he has satisfactorily completed a thirty-hour post-license course prescribed by the commission and offered by providers specifically certified by the commission to offer this mandated post-license education. The holder of a temporary license shall complete the entire thirty-hour course within twelve (12) months of issuance of his temporary license; otherwise this temporary license shall automatically be placed on inactive status by the Mississippi Real Estate Commission. If the holder of the temporary license does not complete the course and have his permanent license issued within one (1) year following the first day of the month after its issuance, the temporary license shall automatically expire and lapse. A temporary license is not subject to renewal procedures in this chapter and may not be renewed.

(4) The thirty-hour post-license course shall be offered by providers certified and approved by the commission, and an annual certification fee of One Thousand Dollars ($1,000.00) shall be charged to providers. The thirty-hour post-license coursework shall be offered in no less than fifteen-hour increments of classroom instruction. No more than eight (8) hours may be earned in a single day. The commission shall determine standards for approval of post-license courses and course providers, and shall require certification of such coursework of the applicant. There shall be different content criteria for post-license education for salesperson licensees and for broker licensees. In the post-license course for salesperson licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects: agency relationships, contracts, earnest money, antitrust, fair housing, ethics and property condition disclosure. The remaining six (6) hours shall be in subjects intended to enhance the competency of salesperson licensees in representing consumers, and may include the following subjects: pricing property, environmental issues, home inspections, leases and property management, and mortgage processes. In the post-license course for broker licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects: managing escrow accounts, intraoffice confidentiality, broker responsibilities to licensees, office policies and procedures (including agency office policies), broker agreements with licensees and assistants and Mississippi Real Estate Commission required forms and any other subject as the commission may, by rule, require to be included in such course. The remaining six (6) hours shall be in subjects intended to enhance the competency of brokers, including, without limitation, managing agents, recruiting, retention, budgeting and financial planning.

(5) The holder of an active license who has satisfactorily completed the post-license course and whose permanent license has been issued shall not be subject to the sixteen-hour continuing education requirement in this chapter for the first renewal of his permanent license.
Miss. Code Ann. § 73-25-53 — MS Code / Title 73 / Chapter 1 / Section 25-53
Miss. Code Ann. § 73-25-53
Status: in_force

The license of any physician to practice medicine in this state shall be subject to restriction, suspension or revocation, as hereinafter provided, in case of inability of the licensee to practice medicine with reasonable skill or safety to patients by reason of one or more of the following:

(a) Mental illness;

(b) Physical illness, including but not limited to deterioration through the aging process, or loss of motor skill;

(c) Excessive use or abuse of drugs, including alcohol.
Miss. Code Ann. § 73-2-1 — MS Code / Title 73 / Chapter 2 / Section 2-1
Miss. Code Ann. § 73-2-1
Status: in_force

This chapter shall be known and may be cited as the “Landscape Architectural Practice Law.”
Miss. Code Ann. § 73-7-13.1 — MS Code / Title 73 / Chapter 1 / Section 7-13.1
Miss. Code Ann. § 73-7-13.1
Status: in_force

(1) The board shall admit to examination for a barbering license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who (a) has successfully completed no less than fifteen hundred (1500) hours at a barbering school approved by the board or three thousand (3,000) hours of board-approved apprenticeship training, and (b) has a high school education or its equivalent or has been successfully enrolled in a community college. Apprenticeships shall only be monitored and mentored by those with an instructor license, and there shall be only one (1) apprentice per mentor.

(2) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship training and paid the required fee a temporary permit to practice barbering until the next examination is given but not exceeding six (6) months. In no event shall a person be allowed to practice barbering on a temporary permit beyond the date the next examination is given, except because of personal illness.

(3) Applicants for the barbering license, after having satisfactorily passed the prescribed examination, shall be issued a barbering license which shall be valid for two (2) years, and the license shall be subject to renewal. No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

(4) Any cosmetologist who has successfully completed no less than fifteen hundred (1500) hours in a licensed cosmetology school and who holds a current valid certificate of licensure to practice cosmetology is eligible to take the barbering examination to secure a barber license upon successfully completing six hundred (600) hours in a licensed school of barbering. All fees for application, examination, licensure, and renewal thereof shall be the same as provided for barbers.

(5) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 .
Miss. Code Ann. § 73-3-367 — MS Code / Title 73 / Chapter 2 / Section 3-367
Miss. Code Ann. § 73-3-367
Status: in_force

All disciplinary agencies of the court are hereby authorized to incur reasonable and necessary expenses in connection with the investigation and disposition of charges and complaints.
Miss. Code Ann. § 73-3-55 — MS Code / Title 73 / Chapter 2 / Section 3-55
Miss. Code Ann. § 73-3-55
Status: in_force

It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43 . Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.
Miss. Code Ann. § 73-47-11 — MS Code / Title 73 / Chapter 1 / Section 47-11
Miss. Code Ann. § 73-47-11
Status: in_force

This chapter shall not apply to occupational licensing boards that are not controlled by active market participants.
Miss. Code Ann. § 73-13-35 — MS Code / Title 73 / Chapter 2 / Section 13-35
Miss. Code Ann. § 73-13-35
Status: in_force

The board may, upon application therefor and the payment of a fee in accordance with Section 73-13-25 , issue a certificate of licensure as a professional engineer to any person who holds a certificate of qualification or licensure issued to him by proper authority of any state or territory or possession of the United States, or of any country, provided that the applicant's qualifications meet the requirements of Sections 73-13-1 through 73-13-45 and the rules established by the board. The issuance of a certificate of licensure by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable.
Miss. Code Ann. § 73-10-17 — MS Code / Title 73 / Chapter 1 / Section 10-17
Miss. Code Ann. § 73-10-17
Status: in_force

(1) There is established the Mississippi Council of Advisors in Dietetics under the jurisdiction of the Mississippi State Board of Health.

(2) The council shall be comprised of seven (7) members of whom five (5) shall be dietitians who have been engaged in the practice of dietetics for at least three (3) years immediately preceding their appointment. Members of the council shall be licensed to practice dietetics. The following areas of practice shall be represented by council members: administrative dietetics, clinical dietetics, dietetic education, community nutrition and consultation and private practice. The remaining two (2) members shall be a licensed member of the health professions and a member of the public with an interest in the rights of the consumers of health services.

(3) A person is eligible for appointment as a public member if the person or the person's spouse:

(a) Is not employed by and does not participate in the management of an agency or business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment; and

(b) Does not own, control or have a direct or indirect interest in more than ten percent (10%) of a business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment.

(4) Appointments to the advisory council shall be made without regard to race, creed, sex, religion or national origin of the appointees.

(5) The board shall, within sixty (60) days after passage of this chapter, appoint two (2) advisory council members for a term of one (1) year, two (2) for a term of two (2) years, and three (3) for a term of three (3) years. Appointments made thereafter shall be for three-year terms, but no person shall be appointed to serve more than two (2) consecutive terms.

(6) Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed before commencing the terms prescribed by this section.

(7) Not less than sixty (60) days before the end of each calendar year, the Mississippi Dietetic Association shall submit the names of at least two (2) persons for each dietitian vacancy and each of the health professional and public member appointments.

(8) In the event of a vacancy, the board shall, as soon as possible, appoint a person who shall fill the unexpired term.

(9) The council shall meet during the first month of each calendar year to select a chairman and for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year. Further meetings may be convened at the call of the chairman or the written request of a majority of the council members, or at the request of the board.

(10) A majority of the members of the council shall constitute a quorum for all purposes.
Miss. Code Ann. § 73-42-27 — MS Code / Title 73 / Chapter 1 / Section 42-27
Miss. Code Ann. § 73-42-27
Status: in_force

(1) An athlete agent may not engage in any of the following activities, within this state or otherwise, with the intent to induce a student-athlete to enter into an agency contract:

(a) Give any materially false or misleading information or make a materially false promise or representation;

(b) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or

(c) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

(2) An athlete agent may not intentionally:

(a) Initiate contact with a student-athlete unless registered under this chapter;

(b) Refuse or willfully fail to retain or permit inspection of the records required by Section 73-42-25 or fail to provide the Secretary of State with any statements, documents, records or testimony required by the secretary under Section 73-42-5(3) and (4) ;

(c) Violate Section 73-42-7 by failing to register;

(d) Provide materially false or misleading information in an application for registration or renewal of registration;

(e) Predate or postdate an agency contract; or

(f) Fail to notify a student-athlete prior to the student-athlete's signing an agency contract for a particular sport that the signing by the student-athlete may make the student-athlete ineligible to participate as a student-athlete in that sport.
Miss. Code Ann. § 73-29-21 — MS Code / Title 73 / Chapter 1 / Section 29-21
Miss. Code Ann. § 73-29-21
Status: in_force

(a) Upon approval by the board, the secretary shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten (10) days prior to the commencement of his internship. The application shall contain such information as may be required by the board.

(b) An internship license shall be valid for the term of twelve (12) months from the date of issue. Such license may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the board.

(c) A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and six-month extension if such extension is granted by the board until twelve (12) months after the date of expiration of the last internship license held by said trainee.

(d) If a polygraph examiner is not available to personally supervise a trainee in the internship program, then a member of the board shall supervise and sponsor the trainee.
Miss. Code Ann. § 73-3-371 — MS Code / Title 73 / Chapter 2 / Section 3-371
Miss. Code Ann. § 73-3-371
Status: in_force

At any stage of the disciplinary proceedings, the board of commissioners may, in the exercise of its sole discretion, accept a plea of nolo contendere from the accused attorney and agree to the entry by the court of a consent order of suspension or disbarment of the accused attorney.

Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon the acceptance of a plea of nolo contendere the investigation or disciplinary procedure shall terminate, and the board of commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the board of commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.

For the purpose of determining the discipline to be imposed on the accused attorney, the board of commissioners shall consider a plea of nolo contendere as tantamount to proof of guilt of the offense or unprofessional conduct or personal disability to practice law on which said disciplinary proceeding was grounded.
Miss. Code Ann. § 73-4-13 — MS Code / Title 73 / Chapter 1 / Section 4-13
Miss. Code Ann. § 73-4-13
Status: in_force

The commission is empowered to:

(a) Administer and enforce the provisions of this chapter.

(b) Promulgate such rules and regulations and prescribe such forms as are necessary for the administration and the effective and efficient enforcement of this chapter.

(c) Issue, suspend and revoke licenses in accordance with this chapter.

(d) Provide for the filing and approval of surety bonds as required by this chapter.

(e) Investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this chapter or the rules and regulations promulgated as authorized by this chapter and to take appropriate action to address such complaints.

(f) Commence actions, in the name of the State of Mississippi, in an appropriate circuit court in order to force compliance with this chapter or rules and regulations promulgated hereunder by restraining order or injunction.

(g) Hold public hearings on any matters for which a hearing is required under this chapter and to have all powers granted by law for such hearings.

(h) Adopt a seal and, through its secretary, certify copies.

(i) Appoint an executive director and employ all necessary employees and consultants to administer and enforce this chapter.
Miss. Code Ann. § 73-19-161 — MS Code / Title 73 / Chapter 1 / Section 19-161
Miss. Code Ann. § 73-19-161
Status: in_force

If a patient of any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents is not responding to the prescribed treatment within the normal response time for the condition being treated, in the optometrist's professional judgment, the optometrist shall immediately refer such patient to a licensed physician for such additional treatment as may be needed.
Miss. Code Ann. § 73-3-117 — MS Code / Title 73 / Chapter 2 / Section 3-117
Miss. Code Ann. § 73-3-117
Status: in_force

The secretary shall receive a salary in such amount and payable in such manner as the Board of Commissioners may prescribe from time to time. No other officer shall be paid a salary. But the traveling expenses of members of the board attending meetings of the board and such expenses of committees making trips on business of the bar shall be paid.
Miss. Code Ann. § 73-15-18 — MS Code / Title 73 / Chapter 1 / Section 15-18
Miss. Code Ann. § 73-15-18
Status: in_force

(1) The Mississippi Board of Nursing is designated as the state agency responsible for the administration and supervision of the Nursing Workforce Program as an educational curriculum in the State of Mississippi. It is the intent of the Legislature to develop a nursing workforce able to carry out the scope of service and leadership tasks required of the profession by promoting a strong educational infrastructure between nursing practice and nursing education.

(2) The Mississippi Board of Nursing is authorized to establish an Office of Nursing Workforce within the administrative framework of the board for the purpose of providing coordination and consultation to nursing education and practice. The Nursing Workforce Program shall encompass five (5) interdependent components:

(a) Develop and facilitate implementation of a state educational program directed toward nursing educators regarding health care delivery system changes and the impact these changes will have on curriculum and on the service needs of nurses.

(b) Determine the continuing education needs of the nursing workforce and facilitate such continuing education coursework through the university/college schools of nursing in the state and the community/junior college nursing programs in the state.

(c) Promote and coordinate through the schools of nursing opportunities for nurses prepared at the associate degree and bachelor degree levels to obtain higher degrees.

(d) Apply for and administer grants from public and private sources for the development of the Nursing Workforce Program prescribed in this section.

(e) Establish systems to ensure an adequate supply of nurses to meet the health care needs of the citizens of Mississippi. This will include, but is not limited to, gathering and quantifying dependable data on current nursing workforce capacities and forecasting future requirements. The Office of Nursing Workforce will report its findings annually to the Mississippi Legislature.

(3) Pursuant to the provisions of subsections (1) and (2), the Board of Nursing is authorized to provide for the services of an Office of Nursing Workforce Director and such other professional and nonprofessional staff as may be needed and as funds are available to the Board of Nursing to implement the Nursing Workforce Program prescribed in this section. It shall be the responsibility of such professional staff to coordinate efforts of the bachelor degree schools of nursing, the associate degree schools of nursing and other appropriate agencies in the State of Mississippi to implement the Nursing Workforce Program.

(4) The Board of Nursing shall appoint a Nursing Workforce Advisory Committee composed of health care professionals, health agency administrators, nursing educators and other appropriate individuals to provide technical advice to the Office of Nursing Workforce created in this section. The members of the committee shall be appointed by the Board of Nursing from a list of nominees submitted by appropriate nursing and health care organizations in the State of Mississippi. The members of the committee shall receive no compensation for their services, but may be reimbursed for actual travel expenses and mileage authorized by law for necessary committee business.

(5) All funds made available to the Board of Nursing for the purpose of nursing workforce shall be administered by the board office for that purpose. The Board of Nursing is authorized to enter into contract with any private person, organization or entity capable of contracting for the purpose of administering this section.

(6) The Nursing Workforce Program and the Office of Nursing Workforce provided for in this section will be established and implemented only if sufficient funds are appropriated to or otherwise available to the Board of Nursing for that purpose.
Miss. Code Ann. § 73-7-13.1 — MS Code / Title 73 / Chapter 2 / Section 7-13.1
Miss. Code Ann. § 73-7-13.1
Status: in_force

(1) The board shall admit to examination for a barbering license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who (a) has successfully completed no less than fifteen hundred (1500) hours at a barbering school approved by the board or three thousand (3,000) hours of board-approved apprenticeship training, and (b) has a high school education or its equivalent or has been successfully enrolled in a community college. Apprenticeships shall only be monitored and mentored by those with an instructor license, and there shall be only one (1) apprentice per mentor.

(2) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship training and paid the required fee a temporary permit to practice barbering until the next examination is given but not exceeding six (6) months. In no event shall a person be allowed to practice barbering on a temporary permit beyond the date the next examination is given, except because of personal illness.

(3) Applicants for the barbering license, after having satisfactorily passed the prescribed examination, shall be issued a barbering license which shall be valid for two (2) years, and the license shall be subject to renewal. No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

(4) Any cosmetologist who has successfully completed no less than fifteen hundred (1500) hours in a licensed cosmetology school and who holds a current valid certificate of licensure to practice cosmetology is eligible to take the barbering examination to secure a barber license upon successfully completing six hundred (600) hours in a licensed school of barbering. All fees for application, examination, licensure, and renewal thereof shall be the same as provided for barbers.

(5) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 .
Miss. Code Ann. § 73-36-5 — MS Code / Title 73 / Chapter 1 / Section 36-5
Miss. Code Ann. § 73-36-5
Status: in_force

In order to benefit and protect the public and the forest resources, no person in either public or private capacity shall practice or offer to practice forestry, unless he shall first have submitted evidence that he is qualified so to practice and shall be registered by the board or unless he is specifically exempted from registration under this chapter. It is unlawful for any person to practice or offer to practice forestry in this state, as defined by this chapter, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a forester, unless the person has been duly registered or is exempt from registration under this chapter.

This chapter shall not be construed to prevent or to affect:

(a) The conduct of business and support services including: tree planting, timber stand improvement, pesticide application, pest control, site preparation, heavy equipment operation, prescribed fire application, timber buying, logging contracting, timber cruising, timber marking and the application of best management practices.

(b) The application of forestry principles and procedures on any timberlands, woodlands or forest in which the person, firm, partnership or corporation owns the timberlands, woodlands or forest; or persons, firms, partnerships and corporations having the right to manage and administer forestlands in any legal manner.

(c) The work of an employee or a subordinate of any forester holding a license under this chapter; if that work is done under the direction, supervision and responsibility of a person holding a license under this chapter.

(d) The practice of forestry by officers and employees of the United States government on federally-owned lands.

(e) The practice of forestry by officers and employees of the State of Mississippi on state-owned lands.

(f) Employees of the federal government, state government and educational institutions of the State of Mississippi who, in the exercise of their assigned duties, conduct forestry education programs.

(g) Persons who hold valid licenses prior to July 1, 1989.
Miss. Code Ann. § 73-47-5 — MS Code / Title 73 / Chapter 1 / Section 47-5
Miss. Code Ann. § 73-47-5
Status: in_force

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Active market participant ” means an individual who is:

(i) Licensed by an occupational licensing board;

(ii) Provides any service subject to the regulatory authority of an occupational licensing board; or

(iii) Is subject to the jurisdiction of an occupational licensing board;

(b) “ Active supervision ” means the Occupational Licensing Review Commission:

(i) Shall review the substance of an occupational regulation proposed by any occupational licensing board and approve, disapprove, disapprove with suggested amendment, or allow the occupational licensing board to withdraw for revision such occupational regulation to ensure compliance with state policy; or

(ii) May review, upon its own motion, the substance of an existing occupational regulation promulgated by an occupational licensing board and, if the commission determines the regulation does not comply with the provisions of this chapter, it may, in its discretion: 1. declare that the noncomplying regulation will become invalid sixty (60) days after the date of review, at which time the regulation will cease to have any force of law; or 2. allow the occupational licensing board opportunity to amend the noncomplying regulation to conform with state policy;

(c) “ Commission ” means the Occupational Licensing Review Commission created in Section 73-47-9 ;

(d) “ State policy ” means the policy provided in Section 73-47-7 ;

(e) “ Occupational licensing board ” means any state executive branch board, commission, department or other agency that is:

(i) Established for the primary purpose of regulating the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation;

(ii) Authorized to issue and revoke occupational licenses; and

(iii) Controlled by active market participants;

(f) “ Occupational regulation ” means a rule, regulation, restraint, practice or policy that allows an individual to use an occupational title or work in a lawful occupation. “Occupational regulation” includes registrations, certifications and occupational licenses, and does not include a business license, facility license, building permit or zoning and land use regulation except to the extent those state laws regulate an individual's personal qualifications to perform a lawful occupation;

(g) “ Personal qualifications ” means the criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history and completion of continuing education;

(h) “ Registration ” means a requirement to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides. “Registration” does not include personal qualifications, but may require a bond or insurance. Upon the government's receipt of notice, the individual may use “registered” as a designated title. A nonregistered individual may not perform the occupation for compensation or use “registered” as a designated title. Registration is not transferable;

(i) “ Certifications ” mean a voluntary program in which a private organization or the state grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or the state. Upon approval, the individual may use “certified” as a designated title. A noncertified individual may also perform the occupation for compensation but may not use the title “certified”;

(j) “ Occupational license ” means a nontransferable authorization in law for an individual to exclusively perform a lawful occupation for compensation based on meeting certain personal qualifications. In an occupation for which a license is required, it is illegal for an individual who does not possess a valid occupational license to perform the occupation for compensation; and

(k) “ Least restrictive regulation ” means, from least to most restrictive:

(i) Market competition;

(ii) Third-party or consumer-created ratings and reviews;

(iii) Private certification;

(iv) Specific private civil cause of action to remedy consumer harm under a deceptive trade practice act;

(v) Regulation of the process of providing the specific goods or services to consumers;

(vi) Inspection;

(vii) Bonding or insurance;

(viii) Registration;

(ix) Government certification; and

(x) Occupational license.
Miss. Code Ann. § 73-67-15 — MS Code / Title 73 / Chapter 1 / Section 67-15
Miss. Code Ann. § 73-67-15
Status: in_force

(1) The board shall:

(a) Adopt an official seal and keep a record of its proceedings, persons licensed as massage therapists, and a record of the licenses that have been revoked or suspended;

(b) Keep on file all appropriate records pertaining to each license;

(c) Annually, on or before February 15, make a report to the Governor and Legislature of all of its official acts during the preceding year, its total receipts and disbursements, and a full and complete report of relevant statistical and significantly notable conditions of massage therapists in this state as uniformly stipulated by the board;

(d) Evaluate the qualifications of applicants for licensure under this chapter, and advise applicants as to the acceptance or denial of licensure with any reasons for denial within forty-five (45) days;

(e) Issue licenses to applicants who meet the requirements of this chapter;

(f) Inspect, or have inspected, when required, the business premises of any licensed massage therapist during their operating hours, so long as that inspection does not infringe on the reasonable privacy of any therapist's clients;

(g) Establish minimum training and educational standards for obtaining a license under this chapter, provided that requirements do not decrease;

(h) Establish a procedure for approval of educational standards required by this chapter;

(i) Investigate persons suspected of engaging in practices that may violate provisions of this chapter;

(j) Revoke, suspend or deny a license in accordance with the provisions of this chapter;

(k) Adopt an annual budget;

(l) Establish policies with respect to continuing education;

(m) Adopt rules:

(i) Specifying standards and procedures for issuance of a provisional permit;

(ii) Specifying licensure procedures for practitioners desiring to be licensed in this state who hold an active license or credentials from another state board;

(iii) Prescribing renewal procedures, requirements, dates and fees for massage therapy licenses issued by the board and shall include provisions for inactive and lapsed licenses; those rules shall be in accordance with Section 33-1-39 ;

(n) Make available all forms necessary for carrying out all provisions of this chapter and any and all necessary business of the board;

(o) Establish written duties of the executive director;

(p) Establish a set of reasonable and customary fines and penalties for violations of this chapter, and fees, including refund policies, which shall be standardized and not exceeded unless amended with at least thirty (30) days' notice to those who are licensed;

(q) Establish, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board. Affected practitioners shall be sent relevant changes no less than once per licensure renewal;

(r) Maintain a current register listing the name of every massage therapist licensed to practice in this state, his/her last known place of business and last known place of residence, and the date and number of his/her license;

(s) Set up guidelines for the operation of schools of massage therapy, and it is charged with that regulation in this state. The board may prescribe reasonable rules and regulations governing schools of massage therapy for the guidance of persons licensed under this chapter in the operation of schools of massage therapy and in the practice of massage therapy. When the board has reasons to believe that any of the provisions of this chapter or the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging those violations or upon the board's own initiative, the board or any of its authorized agents shall investigate same and may enter upon the premises of a school of massage therapy at any time during regular business hours of that school to conduct the investigation. The investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or school owner(s) and/or students of the school, and reviewing records of the school pertinent to the complaint and related to an area subject to the authority of the board;

(t) Set up guidelines for the registration of establishments where massage services are performed and maintain a current registry of their location, owner contact information, local business permit information and names of licensees who perform massage services at their establishments;

(u) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the board with other state or federal agencies and with a national disciplinary database recognized by the board or as required by law, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;

(v) Report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the board or as required by law.

(2) Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of the member's office. Board members shall be immune from civil liability pertaining to any legal functions involving the carrying out of the activities and responsibilities of this chapter.
Miss. Code Ann. § 73-21-101 — MS Code / Title 73 / Chapter 1 / Section 21-101
Miss. Code Ann. § 73-21-101
Status: in_force

(1) The right to appeal from the action of the board in denying, revoking, suspending or refusing to renew any license, registration or permit issued by the board, or fining or otherwise disciplining any person is hereby granted. Such appeal shall be to the chancery court of the county of the residence of the licensee or permit holder on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license or permit, or fining or otherwise disciplining the person. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license or permit, or fining or otherwise disciplining the person, be affirmed by the chancery court, the licensee or permit holder will pay the costs of the appeal and the action in the chancery court.

(2) If there is an appeal, such appeal shall act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. The scope of review of the chancery court shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was (a) not supported by substantial evidence, (b) arbitrary or capricious, (c) beyond the power of the board to make, or (d) in violation of some statutory or constitutional right of the appellant. The decision of the chancery court may be appealed to the Supreme Court in the manner provided by law.

(3) Actions taken by the board in suspending a license, registration or permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a license, registration or permit that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 73-4-3 — MS Code / Title 73 / Chapter 2 / Section 4-3
Miss. Code Ann. § 73-4-3
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context otherwise requires:

(a) “ Auction ” means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of his audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.

(b) “ Auction firm ” means any business establishment or other location owned by any entity where goods are sold or advertised to be sold at auction or on any recurring basis.

(c) “ Auctioneer ” means an individual who is engaged in, or who by advertising or otherwise holds himself out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods or real estate at an auction.

(d) “ Commission ” means the Mississippi Auctioneer Commission.

(e) “ Goods ” means any tangible personal property that can be lawfully offered for sale, real estate, property sold pursuant to any will or settlement of any estate, property sold pursuant to any legal foreclosure, automobiles or farm or other heavy equipment.

(f) “ Licensee ” means any person licensed under this chapter, and, in the case of an auction firm, includes the person required to obtain a license for such auction firm.

(g) “ Organization ” means a corporation, partnership, trust (specifically a business trust), firm, association, or any other form of business enterprise which is owned by two (2) or more individuals.

(h) “ Person ” means an organization or an individual.
Miss. Code Ann. § 73-5-19 — MS Code / Title 73 / Chapter 2 / Section 5-19
Miss. Code Ann. § 73-5-19
Status: in_force

Whenever the applicable provisions of this chapter have been complied with, the Board of Barber Examiners shall issue a certificate of registration as a registered barber or barber instructor, as the case may be.
Miss. Code Ann. § 73-5-29 — MS Code / Title 73 / Chapter 2 / Section 5-29
Miss. Code Ann. § 73-5-29
Status: in_force

The fee for taking an examination as a registered barber shall be in the sum of not more than Fifty-five Dollars ($55.00), and the further sum of not more than Forty-five Dollars ($45.00) shall be required for the issuance of a certificate for the registered barber. The fee for taking an examination as a registered barber instructor shall be in the sum of not more than Fifty-five Dollars ($55.00), and the further sum of not more than Fifty Dollars ($50.00) shall be required for the issuance of a certificate of registration for the registered barber instructor. A fee of not more than One Hundred Fifty Dollars ($150.00) shall be required for the issuance of a certificate of registration to a practicing barber of another state as authorized by Section 73-5-21 . Likewise, an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber of not more than Forty-five Dollars ($45.00) shall be charged for the issuance of the renewal of the certificate; an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber instructor of not more than Fifty Dollars ($50.00) shall be charged for the issuance of the renewal of the certificate; however, the renewal fee for a registered barber and barber instructor who is sixty-five (65) years of age or older shall be not more than Thirty Dollars ($30.00). No renewal fee shall be charged for registered barbers and barber instructors who are at least seventy-two (72) years of age. A fee of Ten Dollars ($10.00) for each year or any portion thereof in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of expired certificates of registration issued pursuant to this chapter. Additionally, in order to restore any certificate of registration issued under this chapter that has been expired for a period of five (5) years or longer, the holder thereof must retake and pass the appropriate examination. A penalty of Ten Dollars ($10.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have expired for a period of thirty (30) to sixty (60) days. A penalty of Twenty-five Dollars ($25.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have been expired for a period greater than sixty (60) days.

The board may adopt and spread upon its minutes the rules and regulations for the issuance of a duplicate certificate for which a fee of not more than Ten Dollars ($10.00) may be charged. However, each duplicate certificate issued shall have stamped across its face the word “duplicate” and shall bear the number of the original certificate in lieu of which it is issued.
Miss. Code Ann. § 73-3-209 — MS Code / Title 73 / Chapter 2 / Section 3-209
Miss. Code Ann. § 73-3-209
Status: in_force

A law student who meets the qualifications set forth in this article may petition a circuit court, chancery court, the United States District Court for the Southern District of Mississippi or the United States District Court for the Northern District of Mississippi and present the oath in the following form:

“PETITION AND OATH FOR ADMISSION TO LIMITED PRACTICE

The undersigned, ․․․, does state and affirm that I am a law student who has the qualifications for admission to limited practice under the Law Student Limited Practice Act, Section 73-3-201 et seq., Mississippi Code of 1972 , and seek the authority of this court to engage in limited practice under that act.

I do, upon my oath, solemnly swear (or affirm) that when granted that authority I will demean myself in accord with the conditions and limitations of the Law Student Limited Practice Act according to the best of my learning and ability and with all good fidelity as well to the court as to the client; that I will use no falsehood nor delay any person's cause for lucre or malice, and that I will support the Constitution of the United States and of the State of Mississippi so long as I continue a citizen thereof.

It is therefore prayed that this court order my admission to limited practice pursuant to said act.”

The filing of the petition signed by the law student will constitute a sworn statement by the student under oath.
Miss. Code Ann. § 73-67-3 — MS Code / Title 73 / Chapter 1 / Section 67-3
Miss. Code Ann. § 73-67-3
Status: in_force

The Legislature finds that in the profession and practice of massage therapy there is a necessity to preserve and protect individual life and health, promote the public interest and welfare by providing for the licensure of massage therapists and assuring public safety.
Miss. Code Ann. § 73-3-101 — MS Code / Title 73 / Chapter 1 / Section 3-101
Miss. Code Ann. § 73-3-101
Status: in_force

The resident lawyers now authorized to practice law in the State of Mississippi are hereby and herewith constituted an association which shall be known as the Mississippi Bar.
Miss. Code Ann. § 73-3-201 — MS Code / Title 73 / Chapter 1 / Section 3-201
Miss. Code Ann. § 73-3-201
Status: in_force

This article shall be known as “The Law Student Limited Practice Act.”
Miss. Code Ann. § 73-67-9 — MS Code / Title 73 / Chapter 1 / Section 67-9
Miss. Code Ann. § 73-67-9
Status: in_force

(1) There is created the State Board of Massage Therapy.

(2) The board shall consist of five (5) members appointed by the Governor, with the advice and consent of the Senate. At least three (3) members shall be appointed from a list submitted by state representatives of one or more nationally recognized professional massage therapy association(s), all of whom must be residents of Mississippi and must have engaged in the practice of massage therapy within the state for at least three (3) years, one (1) member shall be a licensed health professional in a health field other than massage therapy and one (1) member shall be a consumer at large who is not associated with or financially interested in the practice or business of massage therapy. No member of the board may be an owner or partner of a massage therapy school. The initial members of the board shall be appointed for staggered terms, as follows: one (1) member shall be appointed for a term that ends on June 30, 2002; one (1) member shall be appointed for a term that ends on June 30, 2003; one (1) member shall be appointed for a term that ends on June 30, 2004; and two (2) members shall be appointed for terms that end on June 30, 2005. Appointments shall be made within ninety (90) days from July 1, 2001.

(3) All subsequent appointments to the board shall be appointed by the Governor for terms of four (4) years from the expiration date of the previous term. No person shall be appointed for more than two (2) consecutive terms. By approval of the majority of the board, the service of a member may be extended at the completion of a four-year term until a new member is appointed or the current member is reappointed. The board shall elect one (1) of the appointed massage therapists as the chairman of the board.

(4) A majority of the board may appoint an executive director and other such individuals, including an attorney, as may be necessary to implement the provisions of this chapter. The board may hold additional meetings at such times and places as it deems necessary. A majority of the board shall constitute a quorum and a majority of the board shall be required to grant or revoke a license.
Miss. Code Ann. § 73-21-203 — MS Code / Title 73 / Chapter 1 / Section 21-203
Miss. Code Ann. § 73-21-203
Status: in_force

For the purposes of Sections 73-21-201 through 73-21-205 :

(a) “ Board ” shall have the same definition as provided in Section 73-21-73 .

(b) “ Pharmacist ,” “ pharmacist services ” and “ pharmacy ” or “ pharmacies ” shall have the same definitions as provided in Section 73-21-73 .

(c) “ Pharmacy benefit manager ” shall have the same definition as provided in Section 73-21-179 .
Miss. Code Ann. § 73-3-140 — MS Code / Title 73 / Chapter 1 / Section 3-140
Miss. Code Ann. § 73-3-140
Status: in_force

The Board of Commissioners, any officer or the Executive Director of the Mississippi Bar shall not be authorized to lease any office space for the use of the Mississippi Bar if such space is being leased for an annual amount in excess of the annual amount paid by the State Supreme Court for its office space. The lease of any office space by the Board of Commissioners, an officer or the Executive Director of the Mississippi Bar for the use of the Mississippi Bar must be approved by the Department of Finance and Administration. The bylaws of the bar shall not be in conflict with the provisions of this section. The provisions of this section shall not apply to any lease existing as of July 1, 1991.
Miss. Code Ann. § 73-19-163 — MS Code / Title 73 / Chapter 1 / Section 19-163
Miss. Code Ann. § 73-19-163
Status: in_force

Any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents shall be provided by the State Board of Optometry a certificate reflecting such certification, and such certification shall be prominently displayed in the optometrist's office.
Miss. Code Ann. § 73-5-17 — MS Code / Title 73 / Chapter 1 / Section 5-17
Miss. Code Ann. § 73-5-17
Status: in_force

The Board of Barber Examiners shall conduct examinations of applicants for certificates of registration to practice as registered barbers not less than three (3) times a year, which examination shall be had in some town or city selected by the examining board. Examinations of applicants for certificates of registration as barber instructors shall be conducted at a time and place selected by the examining board.

The examination of applicants for certificates of registration as registered barbers shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually practiced in a duly licensed shop of Mississippi under the direct and personal supervision of a registered barber. The examination of applicants for certificates of registration as barber instructors shall include such subjects as the board deems necessary to determine the applicant's fitness to practice as a barber instructor.
Miss. Code Ann. § 73-21-107 — MS Code / Title 73 / Chapter 1 / Section 21-107
Miss. Code Ann. § 73-21-107
Status: in_force

(1) The board or its representative may enter and inspect, during reasonable hours, a facility which has obtained or applied for a permit under Section 73-21-105 relative to the following:

(a) Drug storage and security;

(b) Equipment;

(c) Sanitary conditions; or

(d) Records, reports, or other documents required to be kept or made under this chapter or the Uniform Controlled Substances Law ( Section 41-29-101 et seq. ) or rules and regulations adopted under such laws.

(2) Prior to an entry and inspection, the board representative shall state his purpose and present appropriate credentials to the owner, pharmacist or agent in charge of a facility.

(3) The board representative may:

(a) Inspect and copy records, reports, and other documents required to be kept or made under this chapter, the Uniform Controlled Substances Law, or rules and regulations adopted under such laws;

(b) Inspect, within reasonable limits and in a reasonable manner, a facility's storage, equipment, security, records, or prescription drugs or devices; or

(c) Inventory any stock of any prescription drugs or devices in the facility.

(4) Unless the owner, pharmacist, or agent in charge of the facility consents in writing, an inspection authorized by this section may not extend to:

(a) Financial data;

(b) Sales data other than shipment data; or

(c) Pricing data.
Miss. Code Ann. § 73-13-83 — MS Code / Title 73 / Chapter 1 / Section 13-83
Miss. Code Ann. § 73-13-83
Status: in_force

The board shall issue a certificate, upon payment of the required fee, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements therefor. In the case of licensed professional surveyors, the certificate shall authorize the “practice of surveying.” In the case of a surveyor intern, the certificate shall state that the applicant has successfully passed the examination in fundamental land surveying subjects required by the board and has been enrolled as a “surveyor intern.” Certificates shall show the full name of the professional surveyor or surveyor intern, shall have a serial number and shall be signed by the president and the secretary of the board under seal of the board.

The issuance of a certificate of licensure by this board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a licensed professional surveyor, while the said certificate remains unrevoked or unexpired.

Each person licensed as a professional surveyor after June 30, 1991, but prior to July 1, 2004, shall, upon licensure, obtain a seal of the design authorized by the board, bearing the licensee's name and the legend “Registered Professional Land Surveyor.” Each person licensed as a professional land surveyor after June 30, 1991, but prior to July 1, 2004, who is also licensed as a professional engineer in accordance with Sections 73-13-1 through 73-13-45 may also obtain one (1) seal bearing the licensee's name and the legend “Registered Professional Engineer and Professional Land Surveyor.” Any person who, before July 1, 1991, but prior to July 1, 2004, was licensed under this chapter as a land surveyor or as both a professional engineer and a land surveyor may continue to use the seal or seals that he obtained and that were authorized by the board to be used by such person before July 1, 1991. From and after July 1, 2004, each person licensed as a professional surveyor shall, upon licensure, obtain a seal of the design and authorized by the board, bearing the licensee's name and the legend “Professional Surveyor.” From and after July 1, 2004, each person licensed as a professional surveyor, who is also licensed as a professional engineer, may also obtain a seal bearing the licensee's name and the legend “Professional Engineer and Professional Surveyor.”

Plats, maps and reports prepared by a licensee shall be stamped with the seal during the life of the licensee's certificate, but it shall be unlawful for anyone to stamp or seal any documents with the seal after the certificate of the licensee named thereon has expired or been revoked or suspended. It shall be unlawful for anyone other than the licensee to whom the seal has been issued to stamp or seal any documents utilizing such seal.
Miss. Code Ann. § 73-59-1 — MS Code / Title 73 / Chapter 1 / Section 59-1
Miss. Code Ann. § 73-59-1
Status: in_force

For the purposes of this chapter, the following words shall have the meanings ascribed herein:

(a) “ Board ” means the State Board of Contractors created in Section 31-3-3, Mississippi Code of 1972 .

(b) “ Residential builder ” means any corporation, partnership or individual who constructs a building or structure for sale for use by another as a residence or who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not more than three (3) floors in height, to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00).

(c) “ Remodeler ” means any corporation, partnership or individual who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00).

(d) “ Residential construction ” means any undertaking described in paragraph (b) of this section performed by a residential builder.

(e) “ Residential improvement ” means any undertaking described in paragraph (c) of this section performed by a remodeler.

(f) “ Active licensee ” means any builder or remodeler licensed under this chapter and engaged in building and remodeling.

(g) “ Inactive licensee ” means any builder or remodeler licensed under this chapter and not engaged in building or remodeling.

(h) “ Construction manager ” means any person or entity, other than a residential builder, remodeler or owner, who has a contract or agreement with the owner of the property for residential construction or residential improvement, no matter if that owner himself is the general contractor or a holder of a building permit.

(i) “ Residential solar contractor ” means any person or entity who installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems.
Miss. Code Ann. § 73-36-33 — MS Code / Title 73 / Chapter 1 / Section 36-33
Miss. Code Ann. § 73-36-33
Status: in_force

(1) The board shall have the power, after notice and hearing, to suspend or revoke the license of any registrant who (a) is found guilty by the board of fraud or gross negligence in the practice of professional forestry; (b) fails to comply with board rules and regulations; (c) is found guilty by the board of unprofessional or unethical conduct; or (d) has had his license suspended or revoked for cause in another jurisdiction.

(2) Any person may prefer charges of fraud or gross negligence in connection with any forestry practice against any registrant. Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the secretary of the board. All charges shall be heard by the board pursuant to its rules and regulations without undue delay.

(3) Any applicant whose license is suspended or revoked by the board may apply for a review of the proceedings with reference to such suspension or revocation by appealing to the Chancery Court of the First Judicial District of Hinds County, Mississippi, provided a notice of appeal is filed by such applicant with the clerk of said court within sixty (60) days from entry of an order by the board suspending or revoking his license, provided said applicant files with said notice of appeal a bond to be approved by the court assuring the prompt payment of any and all costs of said appeal, said amount to be fixed by the court. Upon the filing of such notice of appeal and posting of such bond, the clerk of the said court shall notify the secretary of the board thereof and the record of the proceedings involved shall be prepared by the secretary and forwarded to the court within a period of sixty (60) days from such notice by the clerk. The court shall thereupon review the proceedings on the record presented and may hear such additional testimony as to the court may appear material and dispose of the appeal in termtime or in vacation, and the court may sustain or dismiss the appeal, or modify or vacate the order complained of, but in case the order is modified or vacated, the court may also, in its discretion, remand the matter to the board for such further proceedings not inconsistent with the court's order as, in the opinion of the court, justice may require. The decision of the chancery court may be appealed as other cases to the Supreme Court.

(4) The board is authorized to secure, by contract, the services of an investigator when deemed necessary by the board to properly consider any charge then before it. The board may, at its discretion, establish a program of routine inspections.

(5) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 , or for failure of the licensee to satisfy a judgment against such licensee, and/or the company or business for which the licensee provided services, provided that such judgement was rendered in connection to the practice of forestry. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control.
Miss. Code Ann. § 73-9-17 — MS Code / Title 73 / Chapter 1 / Section 9-17
Miss. Code Ann. § 73-9-17
Status: in_force

The board is authorized to prescribe and enforce regulations and to perform those acts compatible with and authorized by, either directly or by implication, the laws of the state for the purpose of implementing the provisions of this chapter.
Miss. Code Ann. § 73-1-27 — MS Code / Title 73 / Chapter 1 / Section 1-27
Miss. Code Ann. § 73-1-27
Status: in_force

Except as provided in Section 33-1-39 , every registered architect who resides in this state and desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee not to exceed Four Hundred Dollars ($400.00) and every registered architect residing out of this state who desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee not to exceed Four Hundred Dollars ($400.00), and the secretary shall thereupon issue to such registered architect a certificate of renewal of his registration for a term of two (2) years. Upon failure to have his certificate renewed during the month of November as provided by this section, the holder thereof shall have his certificate revoked, but the failure to renew said registration in ample time shall not deprive him of the right to renewal upon payment of said fee, provided his application for reinstatement is made within two (2) years after the expiration of his certificate. On all applications for reinstatement made after January 1 of the year immediately succeeding the year in which the fee is due, there shall be a late charge of Five Dollars ($5.00) per month charged for the processing of such application.
Miss. Code Ann. § 73-29-9 — MS Code / Title 73 / Chapter 1 / Section 29-9
Miss. Code Ann. § 73-29-9
Status: in_force

(1) The board shall issue regulations consistent with the provisions of this chapter for the administration and enforcement of this chapter and shall prescribe forms which shall be issued in connection therewith.

(2) An order or a certified copy thereof, over the board seal and purporting to be signed by the board members, shall be prima facie proof that the signatures are the genuine signatures of the board members, and that the board members are fully qualified to act.

(3) All fees collected under the provisions of this chapter shall be paid to the Treasurer of the State of Mississippi. Funds necessary for the enforcement of this chapter and the administration of its provisions shall be appropriated by the Legislature to the Department Public Safety, but the funds so appropriated for a fiscal year shall not exceed the total amount of the fees which it is anticipated will be collected hereunder during such fiscal year, plus the amount of funds which were unexpended by the board for the next preceding fiscal year.

(4) The board shall, prior to November 1 of each year, submit to the Attorney General of Mississippi and the Legislature, a detailed, written report on all the activities of the board and all expenditures made by it during the preceding fiscal year ending June 30.
Miss. Code Ann. § 73-5-7 — MS Code / Title 73 / Chapter 2 / Section 5-7
Miss. Code Ann. § 73-5-7
Status: in_force

(1) The Board of Barber Examiners shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. Provided, however, that any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. The Board of Barber Examiners shall adopt regulations for the guidance of registered barbers in the operation of a shop and in the practice of barbering except, however, it shall be optional with the individual barber as to whether he or she uses a mug. Any member or designee of the Board of Barber Examiners shall have the authority to enter upon and inspect any barbershop or barber school at anytime during business hours. A copy of the rules and regulations of the State Board of Barber Examiners shall be furnished to the owner or manager of each shop and barber school affected by this chapter, and such copy shall be posted in a conspicuous place in such barbershop or barber school.

(2) The board shall have authority to establish rules and regulations governing schools of barbering in this state except those schools operated by a state institution of higher learning or by a public community or junior college. The board shall have further authority to establish curriculum for such regulated schools of barbering in this state.

Each regulated school of barbering shall submit the following to the board before enrolling students:

(a) The address of proposed school, and the type and size of building in which the school is to be located;

(b) The names and addresses of owners and officers of such school, and the names, addresses and instructor license number of managers, supervisors and instructors of such school;

(c) A list of equipment and teaching aids; and

(d) A copy of the contract to be used between the school and the student.

All regulated schools of barbering in the State of Mississippi shall be required to maintain a surety bond in the amount of Twenty-five Thousand Dollars ($25,000.00) to ensure that in the event a school ceases operation, that all unused tuition fees will be refunded to the students concerned. This bond shall remain in effect for the duration of the school's operation.

(3) The Board of Barber Examiners shall adopt rules and regulations establishing a procedure for the processing and investigation of complaints filed with the board. The board shall keep records of all complaints, and such records shall indicate the action taken on the complaints.

(4) The Board of Barber Examiners shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates of registration. The record shall also contain the name, place of business and the residence of each registered barber, and the date and number of his certificate of registration. The record shall be open to public inspection at all reasonable times.
Miss. Code Ann. § 73-33-9 — MS Code / Title 73 / Chapter 1 / Section 33-9
Miss. Code Ann. § 73-33-9
Status: in_force

The Mississippi State Board of Public Accountancy may, in its discretion, issue a reciprocal certified public accountant license to practice to any holder of any certified public accountant's certificate or license issued under the law of another state, which shall entitle the holder to use the abbreviation, “CPA,” in this state provided that the state issuing the original certificate or license grants similar privileges to the certified public accountants of this state. The fee for a license shall be in such reasonable amount as determined by the board. Such license shall not allow the holder thereof to engage in the practice of public accounting as a certified public accountant unless the holder meets the requirements of the Mississippi State Board of Public Accountancy. This section shall apply only to a person who wishes to obtain a license issued by the State of Mississippi and shall not apply to those persons practicing in this state under Section 73-33-17 . The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable.
Miss. Code Ann. § 73-34-49 — MS Code / Title 73 / Chapter 1 / Section 34-49
Miss. Code Ann. § 73-34-49
Status: in_force

The board shall prepare and issue at least once each calendar year a roster showing the name and place of business of each real estate appraiser currently licensed and appraisal management company registered under the provisions of this chapter. A copy of the roster shall be made available to the public, upon application to the board, at a reasonable price per copy as may be fixed by the board. The board shall send a copy of this list to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its designated agent.
Miss. Code Ann. § 73-57-31 — MS Code / Title 73 / Chapter 1 / Section 57-31
Miss. Code Ann. § 73-57-31
Status: in_force

(1) The board may revoke, suspend or refuse to renew any license or permit, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that person:

(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care.

(b) Is unfit or incompetent by reason of negligence, habits or other causes of incompetency.

(c) Is habitually intemperate in the use of alcoholic beverages.

(d) Is addicted to, or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics.

(e) Is guilty of dishonest or unethical conduct.

(f) Has practiced respiratory care after his license or permit has expired or has been suspended.

(g) Has practiced respiratory care under cover of any permit or license illegally or fraudulently obtained or issued.

(h) Has violated or aided or abetted others in violation of any provision of this chapter.

(2) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or permit of any licensee or permit holder for being out of compliance with an order for support, as defined in Section 93-11-153 . The procedure for suspension of a license or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control.
Miss. Code Ann. § 73-38-35 — MS Code / Title 73 / Chapter 1 / Section 38-35
Miss. Code Ann. § 73-38-35
Status: in_force

Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a period not exceeding six (6) months, or both.
Miss. Code Ann. § 73-9-47 — MS Code / Title 73 / Chapter 2 / Section 9-47
Miss. Code Ann. § 73-9-47
Status: in_force

The board shall, as far as practicable, provide by rule for the conduct of its business by mail, but all examinations shall be conducted in person by the board, or by a quorum thereof as provided herein.

Any official action or vote taken by mail shall be preserved by the secretary or executive director in the same manner as the minutes of regular meetings.
Miss. Code Ann. § 73-13-93 — MS Code / Title 73 / Chapter 2 / Section 13-93
Miss. Code Ann. § 73-13-93
Status: in_force

Any person who may feel aggrieved by an action of the board denying or revoking his certificate of licensure or relicensure as a professional surveyor or enrollment as surveyor intern may appeal therefrom to the chancery court of the county of residence of such person and, after full hearing, the court shall make such order sustaining or reversing the action of the board as to it may seem just and proper. However, in case of a nonresident licensee or applicant, such appeal shall be taken or made to the Chancery Court of the First Judicial District of Hinds County, Mississippi.

Actions taken by the board in suspending a certificate of licensure when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 73-34-107 — MS Code / Title 73 / Chapter 1 / Section 34-107
Miss. Code Ann. § 73-34-107
Status: in_force

Each person applying for a registration as an appraisal management company that is not domiciled in this state shall complete an irrevocable uniform consent to service of process.