Miss. Code Ann. § 73-14-7 — MS Code / Title 73 / Chapter 1 / Section 14-7
Miss. Code Ann. § 73-14-7
Status: in_force

(1) The powers and duties of the Mississippi State Board of Health under this chapter are as follows:

(a) To authorize all disbursements necessary to carry out the provisions of this chapter.

(b) To supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a license.

(c) To license persons who apply to the board and who are qualified to practice the fitting, dispensing and selling of hearing aids.

(d) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for license.

(e) To issue and renew licenses.

(f) To suspend or revoke licenses pursuant to this chapter.

(g) To appoint representatives to conduct or supervise the examining of applicants for license.

(h) To designate the time and place for examining applicants for license.

(i) To make and publish rules and regulations not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter, in compliance with the provisions of Section 25-43-1.101 et seq., Mississippi Code of 1972 , which is the Administrative Procedures Law.

(j) To require the periodic inspection and calibration of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who practice the fitting or selling of hearing aids.

(k) To establish minimum requirements of test procedures and test equipment to be used in the fitting of hearing aids pursuant to this chapter, also the retention of all fittings and records of fittings by the dealer.

(2) The Hearing Aid Advisory Council appointed pursuant to Section 73-14-7 is hereby continued and reconstituted as follows:

The council shall consist of seven (7) members, four (4) of whom are licensed hearing aid specialists who do not currently hold any other professional license regulated by the State Board of Health, one (1) of whom is a licensed audiologist, one (1) of whom is a licensed physician, board certified in otolaryngology, and one (1) of whom is a person of the board's own choosing from the state at large, and said person shall be hearing impaired. The person of the board's choosing shall not be a member of nor have personal interest in any organization associated with hearing aid specialists.

No person shall serve more than two (2) full consecutive terms. No more than three (3) members shall be appointed to said council from any one (1) Supreme Court district. The hearing aid specialist appointments may be made from a list of at least three (3) licensed hearing aid specialists furnished by the Mississippi Hearing Aid Dealer Association, or its successor, for each vacancy on the council, who have practiced and resided for three (3) years in the state. The audiologist appointment may be made from a list of at least three (3) licensed audiologists furnished by the Mississippi Speech and Hearing Association, who has practiced and resided for three (3) years in the state. The licensed physician appointment may be made from a list of at least three (3) board certified otolaryngologists furnished by the Mississippi Eye, Ear, Nose and Throat Association, who has practiced and resided for three (3) years in the state. Appointments to the council to fill a vacancy occurring for other than expiration of a term shall only be made for the remainder of the expired term. The council shall promulgate such rules and regulations by which it shall conduct its business. Members of the council shall receive no salary for services performed on the council but may be reimbursed for their reasonable and necessary actual expenses incurred in the performance of the same, from funds provided for such purpose. The council shall assist and advise the board in the development of regulations and standards governing the licensure of hearing aid dealers. Council members may be removed from office if found guilty of any violation of any provision of this chapter. A council member subject to formal disciplinary proceedings shall disqualify himself from any council business until the charge is resolved. A member must also disqualify himself from any council business on which he may not make an objective evaluation and/or decision.
Miss. Code Ann. § 73-3-329 — MS Code / Title 73 / Chapter 2 / Section 3-329
Miss. Code Ann. § 73-3-329
Status: in_force

(1) The entire record of the proceeding of the complaint tribunal shall be filed with the clerk of the court within thirty (30) days after the conclusion of the hearing or within such additional time as the clerk, on motion therefor, may allow.

(2) If no appeal from the judgment of the complaint tribunal is perfected within thirty (30) days from the date of said judgment, the judgment of the complaint tribunal shall be final.

(3) Either the attorney or the Mississippi Bar shall have the right to an appeal to the court, which appeal shall be perfected within thirty (30) days of the date of the judgment of the complaint tribunal by the aggrieved party filing a notice of appeal with the clerk of the court.

(4) The record on appeal shall consist of the formal complaint, all other pleadings, the transcript of the testimony and the written opinion and judgment of the complaint tribunal.

(5) On appeal, the court may review all of the evidence and the law and the findings and conclusions of the complaint tribunal and it may make such findings and conclusions and render such order as it may find to be appropriate based upon the whole record.

(6) The rules of practice and procedure for the filing of briefs and oral arguments governing appeals from the chancery or circuit courts of Mississippi shall apply to and govern appeals from the judgment of the complaint tribunals; provided, however, whenever possible, the court shall advance and expedite the cause on its docket.

(7) Actions taken by the Supreme Court in suspending an attorney from the practice of law 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 the suspension of an attorney from the practice of law 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. § 73-4-1 — MS Code / Title 73 / Chapter 2 / Section 4-1
Miss. Code Ann. § 73-4-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Auctioneers License Act.”
Miss. Code Ann. § 73-13-81 — MS Code / Title 73 / Chapter 1 / Section 13-81
Miss. Code Ann. § 73-13-81
Status: in_force

Examinations shall be required for enrollment as a surveyor intern and licensure as a professional surveyor. The examinations shall be held at such time and place as the board may determine.

The scope of the examinations and the methods and procedures shall be prescribed by the board with special reference to the applicant's ability to exercise direct control and personal supervision of all surveying functions.

The board shall cite applicants to examinations in accordance with its rules and regulations.
Miss. Code Ann. § 73-3-135 — MS Code / Title 73 / Chapter 2 / Section 3-135
Miss. Code Ann. § 73-3-135
Status: in_force

Vacancies in any office, including the office of commissioner, shall be filled by the board of commissioners and any person so elected by the board of commissioners to fill a vacancy shall hold for the balance of the term of his immediate predecessor in office.
Miss. Code Ann. § 73-9-49 — MS Code / Title 73 / Chapter 2 / Section 9-49
Miss. Code Ann. § 73-9-49
Status: in_force

The secretary or executive director of the board shall, at its regular annual meeting, submit a report of its receipts and disbursements for the preceding year, and a report of its actions in general during the preceding year.
Miss. Code Ann. § 73-3-59 — MS Code / Title 73 / Chapter 1 / Section 3-59
Miss. Code Ann. § 73-3-59
Status: in_force

Any attorney at law who shall violate the provisions of the preceding section shall be guilty of a misdemeanor and shall be removed and disbarred from acting as an attorney at law, and any person who shall, before or after suit brought, receive or agree to receive from any attorney at law, compensation for services in seeking out or placing in the hands of an attorney a demand of any kind for suit or a compromise, shall be guilty of a misdemeanor.
Miss. Code Ann. § 73-67-37 — MS Code / Title 73 / Chapter 1 / Section 67-37
Miss. Code Ann. § 73-67-37
Status: in_force

The grace period for licenses to be issued shall be from March 28, 2002, until July 1, 2002. Those meeting the minimum requirements as stated in this chapter, except for obtaining a license, may continue the practice of massage therapy or instruction thereof within the grace period. Massage curriculums that begin before July 1, 2001, may continue with the same curriculum until completion. Anyone not meeting the minimum requirements as stated in this chapter shall not advertise massage therapy or instruction thereof until they meet the minimum requirements of this chapter.
Miss. Code Ann. § 73-34-3 — MS Code / Title 73 / Chapter 1 / Section 34-3
Miss. Code Ann. § 73-34-3
Status: in_force

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

(a) “ Appraisal ” means an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate or identified real property performed in accordance with the Uniform Standards for Professional Appraisal Practice. An appraisal may be classified by the nature of the assignment into either a valuation assignment or an evaluation assignment. The term “ valuation assignment ” means an analysis, opinion or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. The term “ evaluation assignment ” means an analysis, opinion or conclusion prepared by a real estate appraiser that relates to the nature, quality or utility of identified real estate or identified real property.

(b) “ Appraisal report ” means any communication, written or oral, of an appraisal. For the purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions or opinions concerning identified real property is deemed to be an oral appraisal report.

(c) “ Board ” means the Mississippi Real Estate Appraisal Board that is established under the provisions of this chapter.

(d) “ Certified appraisal report ” means an appraisal report given or signed and certified as such by a state certified real estate appraiser. When a state certified real estate appraiser identifies an appraisal report as “certified,” such state certified real estate appraiser must indicate which type of certification he holds. The certification of an appraisal report by a state certified real estate appraiser represents to the public that it meets the appraisal standards established under this chapter.

(e) “ Licensed real estate appraiser ” means a person who holds a current, valid appraisal license issued to him under the provisions of this chapter.

(f) “ Real estate or real property ” means an identified parcel or tract of land, with improvements, and includes easements, rights-of-way, undivided or future interest, or similar rights in a tract of land, but does not include mineral rights, timber rights, growing crops, water rights, or similar interests severable from the land when the transaction does not involve the associated parcel or tract of land.

(g) “ Real estate appraisal activity ” means the act or process of making an appraisal of real estate or real property and preparing an appraisal report.

(h) “ Real estate appraiser ” means a person who engages in real estate appraisal activity for a fee or other valuable consideration.

(i) “ Real property ” means one or more defined interests, benefits or rights inherent in the ownership of real estate.

(j) “ State certified real estate appraiser ” means a person who holds a current, valid license as a real estate appraiser issued to him under the provisions of this chapter for certified real estate appraisers.

(k) “ Appraisal management company ” or “ AMC ” means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party that oversees a network or panel of more than fifteen (15) certified or licensed appraisers in this state or twenty-five (25) or more nationally within a given year, that is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets to:

(i) Recruit, select, and retain appraisers;

(ii) Contract with licensed and certified appraisers to perform appraisal assignments;

(iii) Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or

(iv) Review and verify the work of appraisers.

(l) “ Appraisal review ” means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, except that a quality control examination of an appraisal shall not be an appraisal review.

(m) “ Appraiser ” means an individual who holds a license or certification as an appraiser and is expected to perform valuation services competently and in a manner that is independent, impartial and objective.

(n) “ Appraiser panel ” means a network, list or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC.

(o) “ Controlling person ” means:

(i) An officer or director, or owner of greater than a ten percent (10%) interest, of a corporation, partnership or other business entity, seeking to act as an appraisal management company in this state;

(ii) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of services requiring registration as an appraisal management company and has the authority to enter into agreements with appraisers for the performance of appraisals; or

(iii) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

(p) “ Federal financial institutions regulatory agencies ” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

(q) “ Federally related transaction ” means any real estate-related financial transaction which a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates, and which requires the services of an appraiser.

(r) “ Person ” means an individual, firm, partnership, limited partnership, limited liability company, association, corporation, or other group engaged in joint-business activities, however organized.

(s) “ Quality control examination ” means an examination of an appraisal report for compliance and completeness, including grammatical, mathematical, typographical or other similar errors.

(t) “ Real estate-related financial transaction ” means any transaction involving:

(i) The sale, lease, purchase, auction, investment in or exchange of real property, including interests in property, or the financing thereof;

(ii) The refinancing of real property or interests in real property; and

(iii) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

(u) “ Uniform Standards of Professional Appraisal Practice ” means the current standards of the appraisal profession, developed for appraisers and users of appraisal services by the Appraisal Standards Board of the Appraisal Foundation.

(v) “ USPAP ” means the Uniform Standards of Professional Appraisal Practice.

(w) “ Appraisal Foundation ” means the Appraisal Foundation, as defined by 12 USC Section 3350 , or its successor.

(x) “ Appraisal Standards Board ” means the Appraisal Standards Board of the Appraisal Foundation, or its successor.

(y) “ Appraisal Subcommittee ” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its successor.

(z) “ Appraiser Qualifications Board ” means the Appraiser Qualifications Board of the Appraisal Foundation, or its successor.

(aa) “ Supervisory appraiser ” means a supervisory appraiser as defined by the Appraiser Qualifications Board.

(bb) “ Trainee appraiser ” means a trainee appraiser as defined by the Appraiser Qualifications Board.
Miss. Code Ann. § 73-5-15 — MS Code / Title 73 / Chapter 2 / Section 5-15
Miss. Code Ann. § 73-5-15
Status: in_force

Each applicant for an examination shall:

Make application to the Board of Barber Examiners on blank forms prepared and furnished by the board, such application to contain proof under the applicant's oath for the particular qualifications of the applicant; and,

Furnish to the board, at the time of the filing of such application, two (2) five-inch (5″) x three-inch (3″) signed photographs of the applicant, one (1) to accompany the application, and one (1) to be returned to the applicant to be presented to the board when the applicant appears for examination; and,

Pay to the board the required fee.

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. § 73-3-327 — MS Code / Title 73 / Chapter 1 / Section 3-327
Miss. Code Ann. § 73-3-327
Status: in_force

(1) At the conclusion of the hearing the complaint tribunal, upon the majority vote of the members of such tribunal, shall render a written opinion incorporating a finding of fact and a judgment thereon. The judgment of the complaint tribunal may provide the following:

(a) Exonerate the accused attorney and dismiss the complaint.

(b) Reprimand and admonish the attorney, as provided in Section 73-3-319(b) of this article.

(c) Suspend the attorney from the practice of law for any period of time.

(d) Permanently disbar the attorney.

(2) In cases in which the Clerk of the Supreme Court has received notice from the division that the attorney is out of compliance with an order for support, as defined in Section 93-11-153 , the Supreme Court shall suspend the attorney from the practice of law until such time as the attorney may be reinstated to practice law because of the attorney's compliance with the requirements of Section 93-11-157 or 93-11-163 , as the case may be.
Miss. Code Ann. § 73-4-25 — MS Code / Title 73 / Chapter 1 / 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. § 73-77-9 — MS Code / Title 73 / Chapter 1 / Section 77-9
Miss. Code Ann. § 73-77-9
Status: in_force

(1) Absent applicable state law, an individual with a criminal record may petition a licensing authority at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include details on the individual's criminal record. The licensing authority shall inform the individual of his standing within thirty (30) days of receiving the petition from the applicant. The licensing authority may charge a fee to recoup its costs not to exceed Twenty-five Dollars ($25.00) for each petition.

(2) If a licensing authority denies an individual a license solely or in part because of the individual's prior conviction of a crime, the licensing authority shall notify the individual in writing of the following:

(a) The grounds and reasons for the denial or disqualification;

(b) That the individual has the right to a hearing to challenge the licensing authority's decision;

(c) The earliest date the person may reapply for a license; and

(d) That evidence of rehabilitation may be considered upon reapplication.

(3) If an applicant's criminal history does not require a denial of a license under applicable state law, any written determination by the licensing authority that an applicant's criminal conviction is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the preceding factors under subsection (2) by clear and convincing evidence sufficient for a reviewing court.

(4) In any administrative hearing or civil litigation authorized under this section, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought.

(5) The licensing authority shall adopt necessary rules for the implementation of this section.

(6) The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.
Miss. Code Ann. § 73-3-125 — MS Code / Title 73 / Chapter 1 / Section 3-125
Miss. Code Ann. § 73-3-125
Status: in_force

All lawyers over the age of seventy-five (75) years, and the judges of the Supreme Court, Court of Appeals and circuit, chancery and county judges, United States magistrates, judges of the bankruptcy courts, the judges of the federal courts, and federal administrative law judges are exempt from the payment of enrollment fees. Lawyers over the age of seventy-five (75) years and judges of the classes enumerated in this section shall be active members except that no judge shall be eligible to membership on the Board of Commissioners. Lawyers who have retired from the practice of law because of age, serious illness or permanent disability may be placed on inactive status and shall be exempt from the payment of enrollment fees.
Miss. Code Ann. § 73-54-23 — MS Code / Title 73 / Chapter 1 / Section 54-23
Miss. Code Ann. § 73-54-23
Status: in_force

(1) The board shall issue a license by examination of credentials to any applicant licensed or certified as a marriage and family therapist in another state that has such requirements for the license or certificate that the board is of the opinion that the applicant is competent to engage in the practice of marriage and family therapy in this state, provided that the applicant submits an application on forms prescribed by the board, has passed the national Examination in Marital and Family Therapy, and pays the licensure fee prescribed by Section 73-54-27 . 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.

(2) The board shall issue a temporary license by examination of credentials to any applicant who has been licensed or certified for at least one (1) year as a social worker or marriage and family therapist in another state that has such requirements for the license or certificate for the same scope of practice that the board is of the opinion that the applicant is competent to engage in the same practice in this state, provided that the applicant submits an application on forms prescribed by the board, has passed the applicable national examination for marriage and family therapy or the Association of Social Work Boards (ASWB) examination for social workers and pays the licensure fee prescribed by Section 73-54-27 . The practice setting for the temporary licensee shall be limited to a nonprofit health or family counseling facility. The applicant shall be required to hold his or her license or certificate from the other state in good standing and the applicant shall be subject to a criminal history records check by the board. The temporary license shall be issued within sixty (60) days after receiving the application if the applicant submits credentials affirming that he or she satisfies the provisions of this subsection (2). The applicant may practice under the temporary license until a regular license is granted for a period not to exceed three hundred sixty-five (365) days. Insurers shall provide reimbursement to providers based upon the temporary license held by the applicant while the regular license process is completed, and the insurance company may bill for any reimbursement paid to the provider if the application is denied.
Miss. Code Ann. § 73-11-41 — MS Code / Title 73 / Chapter 1 / Section 11-41
Miss. Code Ann. § 73-11-41
Status: in_force

The following terms shall have the meanings ascribed herein unless the context shall otherwise require:

(a) “ Alternative container ” is an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed wood, composition materials (with or without an outside covering) or like materials.

(b) “ Board ” means the State Board of Funeral Service of the State of Mississippi as created by Section 73-11-43 , or any successor thereof.

(c) “ Branch establishment ” means an auxiliary facility or division of a main funeral establishment licensed under this chapter that is within seventy-five (75) miles of the main facility.

(d) “ Casket ” is defined as a rigid container that is designed for the encasement of human remains and that is usually constructed of wood, metal, fiberglass, plastic or like material and ornamented and lined with fabric which may or may not be combustible.

(e) “ Cremation ” means a two-part procedure whereby a dead human body or body parts shall be reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.

(f) “ Crematory ” is defined as any person, partnership or corporation that performs cremation. A crematory must comply with any applicable public health laws and rules and must contain the equipment and meet all of the standards established by the rules and regulations adopted by the board.

(g) “ Certified crematory operator ” means an individual who has completed the certification program as approved by the board.

(h) “ Crematory operator ” means the legal entity that operates a crematory and performs cremations.

(i) “ Direct cremation ” means a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present.

(j) “ Embalming ” means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.

(k) “ First call ” means the beginning of the relationship between the consumer and the licensed funeral director, funeral service practitioner and/or funeral establishment to take charge of a dead human body and/or have the body prepared for burial or disposition by embalming, cremation or another method.

(l) “ Funeral establishment ” means a fixed place or premise duly licensed by the board that is devoted to or used in the immediate post-death activities of custody, shelter, care, preparation and/or embalming for final disposition of the body; or used for religious services or other rites or ceremonies associated with the final disposition of the human dead; or maintained or held out to the public by advertising or otherwise as such, for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the profession of funeral service and/or funeral directing.

(m) “ Licensee ” means a person or entity who holds a license issued by the board.

(n) “ License for funeral establishment ” means a license issued to a place or premise devoted to or used in the immediate post-death activities of transportation, custody, shelter, care, preparation and/or embalming for final disposition of the body; or used for religious services or other rites or ceremonies associated with the final disposition of human dead; or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the profession of funeral service and/or funeral directing.

(o) “ License for the practice of funeral directing ” means the license given to a person engaging in the “practice of funeral service” who is not engaged in the practice of embalming.

(p) “ License for the practice of funeral service ” means the license given to a person engaging in the “practice of funeral service,” including the practice of embalming.

(q) “ Practice of funeral service ” means:

(i) Providing shelter, care and custody of the human dead;

(ii) Conducting immediate post-death activities;

(iii) Preparing of the human dead by embalming or other methods for burial or other disposition;

(iv) Being responsible for the transportation of the human dead, bereaved relatives and friends;

(v) Making arrangements, financial or otherwise, for the providing of such services;

(vi) The sale of funeral merchandise; or

(vii) The practice or performance of any function of funeral directing and/or embalming as presently known, including those stipulated herein.

This definition shall not include persons or corporations engaging only in the preneed sale of funeral merchandise or service.

(r) “ Mortuary service establishment ” means a place of business where dead human bodies are embalmed or otherwise prepared or held for burial, including the transportation of the bodies.

(s) “ Resident trainee ” means a person who is preparing to become licensed for the practice of funeral service or funeral directing and who is serving under the supervision and instruction of a person duly licensed for the practice of funeral service or funeral directing in this state.

(t) “ Retort ” means an enclosed space within which the cremation process takes place.

(u) “ Trade embalmer ” means an embalmer who does embalming for a licensed funeral establishment.
Miss. Code Ann. § 73-15-3 — MS Code / Title 73 / Chapter 1 / Section 15-3
Miss. Code Ann. § 73-15-3
Status: in_force

In order to safeguard life and health, any person practicing or offering to practice as a registered nurse or a licensed practical nurse in Mississippi for compensation shall hereafter be required to submit evidence of qualifications to practice and shall be licensed or hold the privilege to practice as hereinafter provided. It shall be unlawful for any person not licensed or holding the privilege to practice under the provisions of this article:

(a) To practice or offer to practice as a registered nurse or a licensed practical nurse;

(b) To use a sign, card or device to indicate that such person is a registered nurse or a licensed practical nurse.

Any person offering to practice nursing in Mississippi must be licensed or otherwise authorized to practice as provided in this article.
Miss. Code Ann. § 73-5-9 — MS Code / Title 73 / Chapter 1 / Section 5-9
Miss. Code Ann. § 73-5-9
Status: in_force

(1) No person shall practice or attempt to practice barbering in the State of Mississippi without a certificate of registration as a registered barber issued pursuant to the provisions of this chapter.

(2) No person shall be a barber instructor in the State of Mississippi without a certificate of registration as a barber instructor issued pursuant to the provisions of this chapter.

(3) Any person or persons who violates any provision of this chapter shall be guilty of a misdemeanor, punishable upon conviction in a court of competent jurisdiction as follows:

(a) For the first offense, by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00);

(b) For the second offense, by a fine of not less than Five Hundred One Dollars ($501.00) nor more than One Thousand Dollars ($1,000.00);

(c) For the third and any later offense, by imprisonment for not less than five (5) days nor more than six (6) months in the county jail.
Miss. Code Ann. § 73-15-21 — MS Code / Title 73 / Chapter 1 / Section 15-21
Miss. Code Ann. § 73-15-21
Status: in_force

(1) Licensed practical nurse applicant qualifications. Any applicant for a license to practice practical nursing as a licensed practical nurse shall submit to the board:

(a) An attested written application on a Board of Nursing form;

(b) A diploma from an approved high school or the equivalent thereof, as determined by the appropriate educational agency;

(c) Written official evidence of completion of a practical nursing program approved by the State Department of Education through its Division of Vocational Education, or one approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to this board;

(d) Evidence of competence in English related to nursing, provided the first language is not English;

(e) Any other official records required by the board.

In addition to the requirements specified in paragraphs (a) through (e) of this subsection, in order to qualify for a license to practice practical nursing as a licensed practical nurse, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33 . To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.

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.

The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

The board shall charge and collect from the applicant, 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.

The board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972 , as now or hereafter amended, or any provision of this article.

(2) Licensure by examination. (a) Upon the board being satisfied that an applicant for a license as a practical nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to examine such applicant in such subjects as the board shall, in its discretion, determine. The subjects in which applicants shall be examined shall be in conformity with curricula in schools of practical nursing approved by the State Department of Education.

(b) The applicant shall be required to pass the written examination selected by the board.

(c) Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a licensed practical nurse.

(d) The board may use any part or all of the state board test pool examination for practical nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules. The passing score shall be established by the board in its rules.

(3) Licensure by endorsement. The board may issue a license to practice practical nursing as a licensed practical nurse without examination to an applicant who has been duly licensed as a licensed practical nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state at the time of his or her graduation. The issuance of a license by endorsement 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.

(4) Licensure by equivalent amount of theory and clinical experience. In the discretion of the board, former students of a state-accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.

(5) Requirements for rewriting the examination. The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent writing.

(6) Fee. The applicant applying for a license by examination or by endorsement to practice as a licensed practical nurse shall pay a fee not to exceed Sixty Dollars ($60.00) to the board.

(7) Temporary permit. (a) The board may issue a temporary permit to practice practical nursing to a graduate of an approved school of practical nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or the District of Columbia, pending licensing procedures as provided for elsewhere in this article. The fee shall not exceed Twenty-five Dollars ($25.00).

(b) The board may issue a temporary permit for a period of ninety (90) days to a licensed practical nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement. Such permit is not renewable except by board action. The issuance of a temporary permit 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.

(c) The board may issue a temporary permit to a graduate of an approved practical nursing education program or an equivalent program satisfactory to the board pending the results of the first licensing examination scheduled after application. Such permit is not renewable except by board action.

(d) The board may issue a temporary permit for a period of thirty (30) days to any licensed practical nurse during the time enrolled in a nursing reorientation program. This time period may be extended by board action. The fee shall not exceed Twenty-five Dollars ($25.00).

(e) The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.

(8) Title and abbreviation. Any person who holds a license or holds the privilege to practice as a licensed practical nurse in this state shall have the right to use the title “licensed practical nurse” and the abbreviation “L.P.N.” No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that a person using the same is a licensed practical nurse.

(9) Licensed practical nurses licensed under a previous law. Any person holding a license to practice nursing as a practical nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a practical nurse under the provisions of this article upon payment of the fee prescribed in Section 73-15-27 .

(10) 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. § 73-3-107 — MS Code / Title 73 / Chapter 2 / Section 3-107
Miss. Code Ann. § 73-3-107
Status: in_force

The bar shall be controlled and governed by a Board of Commissioners consisting of as many members as shall be established by the bylaws of the bar or any amendments thereto, adopted at an annual meeting of the bar.
Miss. Code Ann. § 73-3-335 — MS Code / Title 73 / Chapter 1 / Section 3-335
Miss. Code Ann. § 73-3-335
Status: in_force

Any time after the entry of a final judgment of suspension and after the expiration of at least one-fourth ( 1 / 4 ) of the period of the ordered suspension, the convicted attorney may file a petition in the court to modify or terminate said suspension; provided, however, any petition to modify or terminate subsequent to the initial petition shall not be filed within six (6) months from the date of the adverse determination of any prior petition. 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 each petition to modify or terminate. A copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. Modification or termination of suspension shall be granted only upon a showing of good cause and exceptional circumstances.

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. § 73-11-73 — MS Code / Title 73 / Chapter 2 / Section 11-73
Miss. Code Ann. § 73-11-73
Status: in_force

(1) A funeral establishment and its employees, licensees and/or representatives shall not respond to a death call unless properly contacted and requested to so respond. No person or entity subject to regulation under this chapter shall remove or cause to be removed any dead human body from the place of death or take or cause to take custody of a dead human body without the permission of the next of kin or authorized representative, in the order of priority specified in Section 73-11-58, of the deceased.

(2) Dead human bodies may be picked up on first call or removed by a funeral director or funeral service practitioner licensed by the board or under the direction of the licensed funeral director or funeral service practitioner. When a licensed funeral director or funeral service practitioner directs another to make a first call or removal of a dead human body, he accepts, in every manner, full responsibility for all aspects of the first call or removal.

(3) A licensed funeral establishment or other licensee of the board shall not embalm or cremate a dead human body without the prior written or oral consent of the next of kin or authorizing agent or representative of the deceased for each body that is placed under its care and custody. In determining who the proper next of kin is or authorizing agent or representative of the deceased, the order of priority is the same as provided in Section 73-11-58 .

(4) The licensed funeral establishment or licensee responsible for the embalming or cremation of the dead human body shall create a written record of an oral consent given under this section that includes all of the following:

(a) The name of the authorizing agent;

(b) The relation of the authorizing agent to the deceased;

(c) The date and time that consent was given;

(d) The name of the person who obtained the consent; and

(e) Any other information required by the board.
Miss. Code Ann. § 73-35-25 — MS Code / Title 73 / Chapter 1 / Section 35-25
Miss. Code Ann. § 73-35-25
Status: in_force

(1) Any applicant or licensee or person aggrieved shall have the right of appeal from any adverse ruling or order or decision of the commission or administrative hearing officer to the circuit court of the county of residence of the applicant, licensee or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the commission upon the parties in interest.

(2) Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.

(3) Any order, rule or decision of the commission or administrative hearing officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the commission's showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.

(4) Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.

(5) Actions taken by the commission 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. § 73-6-25 — MS Code / Title 73 / Chapter 2 / Section 6-25
Miss. Code Ann. § 73-6-25
Status: in_force

(1) The members of the chiropractic profession, licensed or unlicensed, are hereby prohibited from:

(a) Making use of any public statement of a character tending to mislead the public in regard to the health services of the chiropractic profession or of an individual chiropractor, or use of any other professional designation other than the term “chiropractor,” “doctor of chiropractic,” “D.C.” or “chiropractic physician”; however, the use of the title “chiropractic physician” authorized in this paragraph (a) shall not be construed as conferring upon the holder of a license to practice chiropractic any right or responsibility given to a “physician” by any other Mississippi statute, unless the statute specifically confers the right or responsibility on a “chiropractor” or a “chiropractic physician”;

(b) Offering discounts or inducements to prospective patients by means of coupons or otherwise to perform professional services during any period of time for a lesser or more attractive price without providing a disclaimer to the public indicating the usual price for other services;

(c) Advertising or promising to guarantee any professional service or to perform any operation painlessly;

(d) Violating any of the provisions of this chapter or any of the rules and regulations of the State Board of Health pursuant to this chapter with regard to the operation and use of x-rays.

(2) Nothing herein shall be construed to prohibit a licensed practitioner of chiropractic from allowing or causing his name, address and telephone number to be inserted in the classified section of a telephone directory under a classification denoting the practitioner's profession. Nothing herein shall be construed to prohibit a licensed practitioner from mailing letters to his clients, but such letters shall otherwise be subject to the provisions of this section.
Miss. Code Ann. § 73-3-319 — MS Code / Title 73 / Chapter 1 / Section 3-319
Miss. Code Ann. § 73-3-319
Status: in_force

Within thirty (30) days of its receipt of complaint counsel's report, the committee on complaints shall take the following action:

(a) If upon review of the record, complaint counsel's report and any written response by the accused attorney, the committee determines that there is not reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, the committee may either re-refer the matter to complaint counsel for further investigation or may dismiss the complaint and retire the file. In the latter event, the person filing the complaint, the accused attorney and the Executive Director of the Mississippi Bar shall be given written notice of the committee's determination.

(b) If upon review of the record, complaint counsel's report and any written response by the accused attorney, the committee determines that there is reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, and is of the further opinion that a reprimand of the accused attorney is all that justice requires and will adequately afford the disciplinary sanctions required by the particular circumstances, the committee may administer a private reprimand, or it may, in its discretion, make public the fact of the reprimand by having the same delivered in open court by the chancery or circuit court of the county of the accused attorney. However, such action shall not be taken except upon proper notice and hearing, such notice and hearing to be upon the same formal requirements and assuring to the accused attorney the same rights and privileges as provided in Section 73-3-321 et seq. for hearings upon complaints which, if proven, would warrant suspension or disbarment. Further, any decision of the complaint tribunal to issue a reprimand shall be appealable in the same manner and to the same extent as provided in Section 73-3-329 . The committee, in its discretion, may require the accused attorney to appear before it for delivery of the reprimand or may forward it to him by registered mail. In any event, written notice of the delivery of such reprimand shall be given to the person filing the complaint, the clerk of the court, the Executive Director of the Mississippi Bar, and to the judges of the circuit and chancery court districts of the accused attorney.

(c) If the committee determines there is reasonable cause to believe the accused attorney is guilty of such conduct, which, if proven, would warrant suspension for a definite or an indefinite period or permanent disbarment, the committee shall direct complaint counsel in writing to prepare and file a formal complaint against the accused attorney. Complaint counsel shall prosecute the case to conclusion, unless the President of the Mississippi Bar, in his sole discretion, shall appoint one or more active members of the Mississippi Bar to either assist complaint counsel or to serve independently as trial attorney or attorneys in the prosecution of the proceeding to conclusion.
Miss. Code Ann. § 73-35-4 — MS Code / Title 73 / Chapter 1 / Section 35-4
Miss. Code Ann. § 73-35-4
Status: in_force

(1) A person licensed under this chapter may prepare a broker's price opinion and charge and collect a fee for such opinion if:

(a) The license of that licensee is active and in good standing; and

(b) The broker's price opinion meets the requirements of subsections (3) and (4) of this section.

(2) Notwithstanding any provision to the contrary, a person licensed under this chapter may prepare a broker's price opinion for:

(a) An existing or potential seller for the purposes of listing and selling a parcel of real property;

(b) An existing or potential buyer of a parcel of real property;

(c) A third party making decisions or performing due diligence related to the potential listing, offering, sale, exchange, option, lease or acquisition price of a parcel of real property; or

(d) An existing or potential lienholder or other third party for any purpose other than as the basis to determine the value of a parcel of real property, for a mortgage loan origination, including first and second mortgages, refinances, or equity lines of credit.

(e) The provisions of this subsection do not preclude the preparation of a broker's price opinion to be used in conjunction with or in addition to an appraisal.

(3) A broker's price opinion prepared under the authority granted in this section shall be in writing and shall conform to the standards and guidelines published by a nationally recognized association of providers of broker price opinions. The Mississippi Real Estate Commission shall promulgate regulations that are consistent with, but not limited to, the standards and guidelines of a nationally recognized association of providers of broker price opinions.

(4) A broker's price opinion shall be in writing and contain the following:

(a) A statement of the intended purpose of the price opinion;

(b) A brief description of the subject property and property interest to be priced;

(c) The basis of reasoning used to reach the conclusion of the price, including the applicable market data and/or capitalization computation;

(d) Any assumptions or limiting conditions;

(e) A disclosure of any existing or contemplated interest of the broker or salesperson issuing the opinion;

(f) The effective date of the price opinion;

(g) The name and signature of the broker or salesperson issuing the price opinion;

(h) The name of the real estate brokerage firm for which the broker or salesperson is acting;

(i) The signature date;

(j) A disclaimer stating that, “This opinion is not an appraisal of the market value of the property, and may not be used in lieu of an appraisal. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained. This opinion may not be used by any party as the primary basis to determine the value of a parcel of real property for a mortgage loan origination, including first and second mortgages, refinances or equity lines of credit.”; and

(k) A certification that the licensee is covered by errors and omissions insurance, to the extent required by state law, for all liability associated with the preparation of the broker's price opinion.

(5) If a broker's price opinion is submitted electronically or on a form supplied by the requesting party:

(a) A signature required by paragraph (g) of subsection (4) may be an electronic signature, as defined in Section 75-12-3 .

(b) A signature required by paragraph (g) of subsection (4) and the disclaimer required by paragraph (j) of subsection (4) may be transmitted in a separate attachment if the electronic format or form supplied by the requesting party does not allow additional comments to be written by the licensee. The electronic format or the form supplied by the requesting party must:

(i) Reference the existence of a separate attachment; and

(ii) Include a statement that the broker's price opinion is not complete without the attachment.

(6) Notwithstanding any provisions to the contrary, a person licensed pursuant to this chapter may not prepare a broker's price opinion for any purpose in lieu of an appraisal when an appraisal is required by federal or state statute. A broker's price opinion which estimates value or worth of a parcel of real estate rather than sales price shall be deemed to be an appraisal and may not be prepared by a licensed broker or sales agent under the authority of their license but may only be prepared by a duly licensed appraiser and must meet the regulations promulgated by the Mississippi Real Estate Appraisal Board. A broker's price opinion may not under any circumstances be referred to as a valuation or appraisal.
Miss. Code Ann. § 73-3-335 — MS Code / Title 73 / Chapter 2 / Section 3-335
Miss. Code Ann. § 73-3-335
Status: in_force

Any time after the entry of a final judgment of suspension and after the expiration of at least one-fourth ( 1 / 4 ) of the period of the ordered suspension, the convicted attorney may file a petition in the court to modify or terminate said suspension; provided, however, any petition to modify or terminate subsequent to the initial petition shall not be filed within six (6) months from the date of the adverse determination of any prior petition. 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 each petition to modify or terminate. A copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. Modification or termination of suspension shall be granted only upon a showing of good cause and exceptional circumstances.

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. § 73-38-19 — MS Code / Title 73 / Chapter 1 / Section 38-19
Miss. Code Ann. § 73-38-19
Status: in_force

(1) A person eligible for licensure under Section 73-38-9 and desirous of licensure shall make application for examination to the board at least thirty (30) days prior to the date of examination upon a form and in such manner as the board shall prescribe.

(2) Any application shall be accompanied by the fee prescribed by Section 73-38-31 , which fee shall in no case be refunded.

(3) A person who fails an examination may make application for reexamination if he again meets the requirements of subsections (1) and (2) of this section.

(4) A person certified by ASHA or licensed under the law of another state, a territory of the United States, or the District of Columbia as a speech-language pathologist or audiologist who has applied for examination under this section may perform speech-language pathology and audiology services in this state prior to a determination by the board that such person has successfully completed examination for licensure.

(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, Mississippi Code of 1972 .
Miss. Code Ann. § 73-3-115 — MS Code / Title 73 / Chapter 1 / Section 3-115
Miss. Code Ann. § 73-3-115
Status: in_force

The secretary shall maintain his office at the seat of government. But the meetings of the Board of Commissioners shall be at such places as the board may select from time to time or as may be designated in calls made as herein authorized. The meetings of the bar shall be held at such places as the bar may from time to time select. The secretary shall attend all meetings of the board and all meetings of the bar.
Miss. Code Ann. § 73-39-59 — MS Code / Title 73 / Chapter 1 / Section 39-59
Miss. Code Ann. § 73-39-59
Status: in_force

(1) No person may practice veterinary medicine in the state who is not a licensed veterinarian or the holder of a valid temporary permit issued by the board unless otherwise exempt under this chapter.

(2) No person may practice veterinary medicine in the state except within the context of a veterinarian-client-patient relationship.

(3) A veterinarian-client-patient relationship cannot be established solely by telephonic or other electronic means.
Miss. Code Ann. § 73-59-11 — MS Code / Title 73 / Chapter 1 / Section 59-11
Miss. Code Ann. § 73-59-11
Status: reserved

The board shall have the following additional duties for the purposes of this chapter:

(a) To conduct thorough investigations of all applicants seeking a license or licensees seeking renewal of their licenses and of all complaints filed with the board concerning the performance of a residential builder.

(b) To obtain information concerning the responsibility of any applicant for a license or of a licensee. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed.

(c) To maintain a list of residential builders and remodelers to whom licenses are issued, refused, revoked or suspended, which list shall be available to any interested person.

(d) To prepare annually a complete roster that shows all the names and places of business of the residential builders and remodelers licensed by the board during the preceding year and to forward a copy of the roster to each municipality and county in the state and to file the roster with the Secretary of State.

(e) To take disciplinary actions pursuant to the provisions of Section 73-59-13 .

(f) To adopt rules and regulations governing disciplinary actions and the conduct of its hearings and to adopt such other rules and regulations as the board finds necessary for the proper administration of this chapter.

(g) The board may require continuing education for any residential builder or remodeler licensed under this chapter; provided, however, that any residential builder or remodeler who has held a valid license under this chapter before July 1, 2015, shall be exempt from any continuing education requirements. No more than two (2) hours of continuing education shall be required by the board per year.

The holder of a valid license shall disclose to the owner or other person with whom the holder is contracting at the signing of a contract or the initial agreement to perform work whether the holder carries general liability insurance. The disclosure shall be written, the structure and composition of which shall be determined by the State Board of Contractors, and shall be placed immediately before the space reserved in the contract for the signature of the purchaser. The disclosure shall be boldfaced and conspicuous type which is larger than the type of the remaining text of the contract.
Miss. Code Ann. § 73-65-9 — MS Code / Title 73 / Chapter 1 / Section 65-9
Miss. Code Ann. § 73-65-9
Status: in_force

(1) Except as provided in Section 33-1-39 , each license holder shall renew the license to practice art therapy biennially by submitting a renewal application on a form provided by the board, paying a license renewal fee, and producing evidence of completion of relevant professional continuing education experience satisfactory to the board, not to exceed forty (40) hours per renewal cycle.

(2) A ninety-day grace period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements.

(3) Any license granted by the board shall be automatically suspended if the holder fails to apply for the license renewal pursuant to this section within a period of three (3) months after the renewal deadline; however, any suspended license may be restored by the board upon payment of a reinstatement fee not to exceed One Hundred Dollars ($100.00), in addition to any unpaid renewal or late fees. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 . Failure to renew a license within three (3) months from the date of suspension as provided in this section shall cause the license to be automatically revoked. Reinstatement of a revoked license shall require the license holder to reapply and meet all current standards for licensure.

(4) A person licensed under the provisions of Section 73-65-7 who intends to retire as a licensed professional art therapist shall notify the board in writing before the expiration of his current licensure. If, within a period of five (5) years from the year of retirement, the license holder wishes to resume practice as a licensed professional art therapist, he shall notify the board in writing, and upon giving proof of completing the required continuing education and the payment of an amount equivalent to elapsed renewal fees, the license shall be restored in full effect.
Miss. Code Ann. § 73-63-39 — MS Code / Title 73 / Chapter 1 / Section 63-39
Miss. Code Ann. § 73-63-39
Status: in_force

(1) The board may sign agreements with boards of registration, licensure or certification in other states, and with other appropriate organizations and agencies, for the purposes of:

(a) Developing uniform standards for registration of professional geologists or enrollment of geologists-in-training;

(b) Accrediting educational programs;

(c) Establishing reciprocity, comity, temporary registration, or mutual recognition of registration or enrollment;

(d) Developing regional or national examinations;

(e) Evaluating applicants; or

(f) Other purposes consistent with this chapter.

(2) Any person holding a valid certificate of registration, licensure or certification for the practice of geology or a recognized specialty of geology, issued under the laws of any state or territory or possession of the United States, or any foreign country, shall be eligible for registration, without examination. The board may issue a certificate of registration to any person who has made application, provided proof of registration, licensure or certification under requirements which the board determines to be substantially similar to those established under this chapter and paid all applicable fees. The issuance of a certificate of registration 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. § 73-53-5 — MS Code / Title 73 / Chapter 1 / Section 53-5
Miss. Code Ann. § 73-53-5
Status: in_force

(1) No provision in this chapter shall be construed to prevent individuals licensed or certified by this state, whose activities overlap with the practice of social work, from carrying out the functions covered by their respective licenses or certificates, or to prevent ministers or individuals engaged in professional counseling who have recognized professional degrees in counseling, guidance or a related counseling field, whose activities overlap with the practice of social work, from carrying out the functions for which they have been trained, provided that such ministers or individuals shall not hold themselves out to the public by any title set out in this chapter.

(2) No provision in this chapter shall be construed to apply to or in any way interfere with any office, officer, agency or employee of the United States of America, while such office, officer, agency or employee is engaging in the performance of official duties within the course and scope of such employment or duties.

(3) No provision of this chapter shall be construed to apply to or in any way interfere with an individual who performs services described by this chapter solely for the benefit of a member of that individual's family without compensation.

(4) No provision of this chapter shall be construed to apply to or in any way interfere with the activities and services of a student while pursuing a course of professional education qualifying as education under this chapter if these activities or services constitute a part of such student's supervised course of study and such activities are supervised by a licensee under this chapter.
Miss. Code Ann. § 73-6-5 — MS Code / Title 73 / Chapter 1 / Section 6-5
Miss. Code Ann. § 73-6-5
Status: in_force

(1) The State Board of Chiropractic Examiners shall select by election from its membership a chairman and vice chairman who shall hold their respective offices for a period of one (1) year. A majority of the members of the board may select an executive secretary; and may hire such other employees, including an attorney, needed to implement the provisions of this chapter. The board shall hold regular meetings for examination beginning on the second week of January and July of each year; and may hold additional meetings at such times and places as it deems necessary, but not to exceed twelve (12) times during its initial calendar year and at least four (4) times during any subsequent calendar year but may hold meetings at such times and places as it deems necessary. The July meeting shall be held in the Jackson Metropolitan area. A majority of the board shall constitute a quorum, and the concurrence of a majority of the members of the board shall be required to grant or revoke a license. The board shall make such rules and regulations as is necessary to carry out the provisions of this chapter; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of chiropractors that conflicts with the prohibitions in Section 73-49-3 . A copy of these rules and regulations as well as all changes thereto shall, upon passage, be sent to all practitioners licensed under this chapter.

(2) The State Board of Chiropractic Examiners shall be authorized to certify to the State Department of Health those chiropractic assistants who are exempt from registration under Section 41-58-3(7)(d) as having completed continuing education requirements and charge a fee of not more than Fifty Dollars ($50.00) annually to each individual whom the board certifies, as required under Section 41-58-5(4) and (6) . The board shall be authorized to establish educational qualifications and continuing education requirements for chiropractic assistants that participate in direct patient care. This section does not prohibit a chiropractic assistant from rendering ancillary services or procedures used in chiropractic practice, other than the adjustments or manipulative techniques, if those services are rendered under the supervision and control of a licensed chiropractor as long as the chiropractic assistant has successfully completed a training program recognized by the board. “Supervision and control” may not be construed as requiring the personal presence of the supervising and controlling chiropractor at the place where those services are rendered, unless physical presence is necessary to provide patient care of the same quality as provided by the chiropractor. This section does not prohibit a chiropractor from delegating to a chiropractic assistant certain activities relating to patient care and treatment when those activities are under supervision or direct order of the chiropractor. The chiropractor delegating those activities to an employee, to a program graduate, or to a participant in an approved training program is legally liable for those activities performed by such a chiropractic assistant and that chiropractic assistant is considered to be the chiropractor's agent. The board shall charge a fee not to exceed Fifty Dollars ($50.00) annually for this certification and annual renewal. Likewise, a late fee of One Hundred Dollars ($100.00) shall be charged on all chiropractic assistants and chiropractic radiological technologists not renewing on or before July 1 of each year. Chiropractic radiological technologists are not exempt from these continuing education requirements.
Miss. Code Ann. § 73-19-15 — MS Code / Title 73 / Chapter 1 / Section 19-15
Miss. Code Ann. § 73-19-15
Status: in_force

The state board of optometry shall have an official seal and shall keep a record of its proceedings, a register of persons registered as optometrists and register licenses by it revoked.

Its records shall be open to public inspection, and it shall keep on file all examination papers for a period of ninety (90) days after each examination. A transcript of an entry in such records certified by the secretary under the seal of the board, shall be evidence of the facts therein stated. The board shall annually, on or before January 1 make a report to the governor of all its official acts during the preceding year, and of its receipts and disbursements, and a full and complete report of the conditions of optometry in this state.
Miss. Code Ann. § 73-14-25 — MS Code / Title 73 / Chapter 1 / Section 14-25
Miss. Code Ann. § 73-14-25
Status: in_force

The department may license as a hearing aid specialist, and furnish a certificate of licensure, to any applicant who presents evidence, satisfactory to the department of having passed an examination before a similar lawfully authorized examining agency or board of hearing aid specialists of another state or the District of Columbia, if the standards for registration of hearing aid specialists or for licensure as a hearing aid specialist in such state or district are determined by the department to be as high as those of this state, and if that jurisdiction affords licensees of this state reciprocity.

Any person making application for licensure under the provisions of this section may, at the discretion of the board, be required to pass an examination selected by the board.

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. § 73-7-71 — MS Code / Title 73 / Chapter 2 / Section 7-71
Miss. Code Ann. § 73-7-71
Status: in_force

(1) For the purpose of this section, the term “ hair braiding ” means the use of techniques that result in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

(2) No person shall engage in hair braiding for compensation in the State of Mississippi without first registering with the State Department of Health. The department may charge each registrant a fee of not more than Twenty-five Dollars ($25.00) to cover the department's costs in registering the person and providing the person with the brochure prepared under subsection (3) of this section, which fee shall be uniform for all registrants. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 . The purpose of this registration is only to maintain a listing of those persons who engage in hair braiding for compensation in the state, and does not authorize the department to license or regulate the practice of hair braiding in the state, except as provided in subsection (4) of this section.

(3) The State Department of Health shall develop and prepare a brochure containing information about infection control techniques that are appropriate for hair braiding in or outside of a salon/barber shop setting. The brochure shall be made available through the department's website or by mail, upon request, for a fee to cover the department's mailing costs. The brochure shall contain a self-test with questions on the information contained in the brochure. For a person engaged in hair braiding to be exempt from the cosmetology and barbering licensure law, Section 73-7-1 et seq. , the person shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding.

(4) Representatives of the department may visit any facility or premises in which hair braiding is performed at any time during business hours to determine if the brochure and completed self-test are available at the facility or premises.

(5) This section does not apply to cosmetologists, or barbers licensed to practice in Mississippi in their respective fields.
Miss. Code Ann. § 73-38-27 — MS Code / Title 73 / Chapter 1 / Section 38-27
Miss. Code Ann. § 73-38-27
Status: in_force

(1) With regard to a refusal to issue a privilege to practice, such refusal by the board shall be in accordance with terms of the Audiology and Speech-Language Pathology Interstate Compact. The board may refuse to issue or renew a license, or may suspend or revoke a license where the licensee or applicant for a license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such unprofessional conduct may result from:

(a) Negligence in the practice or performance of professional services or activities;

(b) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities;

(c) Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same;

(d) Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud or dishonesty;

(e) Being convicted of any crime which is a felony under the laws of this state or the United States;

(f) Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established;

(g) Continued practice although the licensee has become unfit to practice as a speech-language pathologist or audiologist due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice;

(h) Having disciplinary action taken against the licensee's license in another state;

(i) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;

(j) Engaging in lewd conduct in connection with professional services or activities;

(k) Engaging in false or misleading advertising;

(l) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this article;

(m) Violation of any probation requirements placed on a license by the board;

(n) Revealing confidential information except as may be required by law;

(o) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;

(p) Charging excessive or unreasonable fees or engaging in unreasonable collection practices;

(q) For treating or attempting to treat ailments or other health conditions of human beings other than by speech or audiology therapy as authorized by this article;

(r) For applying or offering to apply speech or audiology therapy, exclusive of initial evaluation or screening and exclusive of education or consultation for the prevention of physical and mental disability within the scope of speech or audiology therapy, or for acting as a speech-language pathologist or audiologist, or speech-language pathologist or audiologist aide other than under the direct, on-site supervision of a licensed speech-language pathologist or audiologist;

(s) Violations of the current codes of conduct for speech-language pathologists or audiologists, and speech-language pathologist or audiologist assistants adopted by the American Speech-Language-Hearing Association;

(t) Violations of any rules or regulations promulgated pursuant to this article.

(2) The board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.

(3) 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 . 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control.
Miss. Code Ann. § 73-54-31 — MS Code / Title 73 / Chapter 1 / Section 54-31
Miss. Code Ann. § 73-54-31
Status: in_force

(1) The board shall conduct its hearings and disciplinary proceedings in accordance with the provisions of Sections 73-53-17 through 73-53-27 , this section and rules and regulations adopted by the board. Any person may be heard by the board in person or by attorney. Every vote and official act of the board shall be entered of record. Executive sessions may be used when discussing individual applicants or for any other purposes allowed by Section 25-41-7 . All other hearings and rule-making proceedings shall be open to the public as provided in the Open Meetings Act ( Section 25-41-1 et seq. ). A record shall be made of every hearing before the board.

(2) For the purposes of Sections 73-53-17 through 73-53-27 and this section, the board shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers and documents relating to any matter under investigation. Subpoenas shall be issued by the board upon application by any party to a proceeding before the board and a showing of general relevance and reasonable scope. For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and testify and produce books, papers or documents if so ordered. Failure to obey such order of the court may be punished by the court as contempt.
Miss. Code Ann. § 73-7-12 — MS Code / Title 73 / Chapter 1 / Section 7-12
Miss. Code Ann. § 73-7-12
Status: in_force

The board shall conduct examinations for cosmetologists, barbers, estheticians, nail technicians and instructors at such times and locations as determined by the board. The members of the board shall not personally administer or monitor the examinations, but the board shall contract for administrators of the examinations. A member of the board shall not receive any per diem compensation for any day that the member is present at the location(s) where the examinations are being administered.
Miss. Code Ann. § 73-7-13 — MS Code / Title 73 / Chapter 1 / Section 7-13
Miss. Code Ann. § 73-7-13
Status: in_force

(1) The board shall admit to examination for a cosmetology 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 has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in a licensed school of cosmetology or no less than three thousand (3,000) hours in an apprenticeship program certified by the board, and has a high school education or its equivalent or has been successfully enrolled in a community college. Apprenticeships provided for in this subsection shall be monitored or mentored by a licensed cosmetology instructor only. Only one (1) apprentice may be mentored by any person at the same time.

(2) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.

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

(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 .

(6) Any licensed cosmetologist, barber, esthetician, or nail technician who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal of an active license, may apply for registration as inactive status. Such “inactive” status list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last-known professional or residential address. Only the cosmetologists, barbers, estheticians and nail technicians registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. No cosmetologist, barber, nail technician or esthetician shall be registered on the “inactive” list until the person has furnished a statement of intent to take such action to the board. Any licensed cosmetologist, barber, nail technician or esthetician, who is registered on the “inactive” status list shall not be eligible for active licensure status until either of the following conditions have been satisfied:

(a) Written application shall be submitted to the board stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or

(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and

(c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to board rules.
Miss. Code Ann. § 73-4-19 — MS Code / Title 73 / Chapter 2 / Section 4-19
Miss. Code Ann. § 73-4-19
Status: in_force

(1) The commission may, upon its own motion or upon the complaint in writing of any person, provided the complaint and any evidence presented with it establishes a prima facie case, hold a hearing and investigate the actions of any auctioneer or auction firm, or any person who holds himself out as an auctioneer or auction firm.

(2) Any person desiring to make a complaint against a licensee shall submit a complaint to the commission in verified form as prescribed by the commission. Upon receipt of a properly verified complaint, the commission shall send a copy of the complaint to the affected licensee by certified mail, and the licensee shall make answer to the complaint in writing within twenty (20) days after receipt of the complaint. The licensee shall mail a copy of his response to the commission and the complainant. Upon receipt of the licensee's response or lapse of twenty (20) days, the commission shall make investigation of the underlying allegations of the complaint, and upon a finding of probable cause that a violation of this chapter has occurred, the commission shall order a hearing for the licensee to appear and show cause why he should not be disciplined for a violation of this chapter.

(3)(a) All hearings held pursuant to this chapter shall be held at the offices of the commission. The commission, for good cause shown, may order that a hearing be held in another location convenient to all parties.

(b) The commission shall give the complainant and the affected licensee twenty (20) days' notice of any hearing upon a complaint. Such notice shall be by United States certified mail.

(c) Any party appearing before the commission may be accompanied by counsel.

(d) The commission or its executive director shall have the right to subpoena witnesses and documents as they deem necessary for the proper conduct of the hearing. The commission shall not entertain a motion for a continuance for failure of a witness to appear unless such witness shall have been duly subpoenaed.

(e)(i) Before commencing a hearing, the chairman of the commission shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear and be heard.

(ii) Upon the chairman's determination that all parties are ready to proceed, the chairman shall call the hearing to order and the complainant and the licensee may give opening statements. At the request of any party, the chairman shall order the sequestration of nonparty witnesses. The complainant shall then present his complaint through sworn testimony and the production of physical evidence. The licensee, any counsel and any member of the commission may ask questions of witnesses.

(iii) The licensee shall then present his case in rebuttal with equal right of cross-examination of the parties. At the completion of the evidence, all parties may give closing statements.

(iv) At the conclusion of testimony and argument, the commission may go into closed session for deliberation.

(v) At the conclusion of deliberations, the commission may announce the commission's decision in an open session, and shall notify the parties of its decision by mail within ten (10) days after the commission reaches its decision.

(4) Service of notice to the party shall be considered to have been given if the notice was personally served on the licensee, applicant or complainant or if the notice was sent by certified United States mail to the licensee, applicant or complainant to that party's last known address of record with the board.

(5) No person whose license has been revoked hereunder may apply for a new license for a period of at least five (5) years. A person whose license has been denied, suspended or revoked may not apply in that person's name or in any other manner within the period during which the order of denial, suspension or revocation is in effect, and no firm, partnership or corporation in which any person whose license has been denied, suspended or revoked has a substantial interest or exercises management responsibility or control may be licensed during the period. The procedure for the reissuance of a license that is for being out of compliance with an order for support, as defined in Section 93-11-153 , shall be governed by Section 93-11-157 or 93-11-163 , as the case may be.

(6) Any civil or monetary penalty, fine or other costs imposed by the commission under this chapter shall become due and payable within the time allowed by the commission for payment thereof. Failure of the licensee or party to pay all penalties or fines so assessed as ordered by the commission shall, unless an appeal is taken and perfected within the time and in the manner provided in this chapter, result in an automatic revocation of such licensee's license. In addition, if any amounts assessed against a party by final order of the commission become otherwise uncollectible or payment is in default, and if all the right to appeal has passed, the order of the commission containing the amount of money assessed by the commission may be filed with the appropriate clerk of the court in the county in which the licensee or party is located. The order shall constitute a judgment and the filing of such final order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record.

(7) The commission may also assess and levy upon any licensee or applicant for licensure the costs incurred or expended by the commission in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the cost of process service, court reports, expert witness, investigators and attorney fees.

(8) The commission may, upon its own motion, summarily suspend a license when the interest, health, safety or welfare of the public is at risk, such as in the event of a potential loss of consigned items or potential loss of funds. If the commission suspends summarily a license under the provisions of this subsection, a hearing must begin within twenty (20) days after such suspension begins, unless continued at the request of the licensee.

(9) Any person aggrieved by an action of the commission may file an appeal of such action in the Circuit Court of Hinds County. Any appeal must be accompanied by an attested copy of the record of the hearing before the commission. An appeal must, however, be filed with the Circuit Court of the First Judicial District of Hinds County, Mississippi, within thirty (30) days immediately following the date of the commission's decision, unless the court, for good cause shown, extends the time. Appeals may be taken to the Mississippi Supreme Court as provided by law from any final judgment of the circuit court. If the board appeals from any judgment of the circuit court, no bond shall be required of it in order to perfect its appeal. Any actions taken by the commission 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.

(10) If any licensee is indicted in this or any other state for forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other offense, and a certified copy of the indictment is filed with the commission or other proper evidence is given to it, the commission may, in its discretion, suspend the license issued to the licensee pending trial of the charges.

(11) If the revocation or suspension of a license issued to any member of a partnership, or to any officer of an association, corporation or organization to whom an auction license has been issued, the license issued to the partnership, association, corporation or organization shall be revoked by the commission unless, within a time fixed by the commission, the connection of the member of the partnership is severed and his interest in the partnership and his share in its activities brought to an end, or the officer of the association, corporation or organization is discharged and has no further participation in its activities.

(12) Nothing in this section shall be deemed as an exclusive remedy or prevent or proscribe any person's right to petition a court of law or equity for redress of a grievance against a licensee or any other entity.
Miss. Code Ann. § 73-5-8 — MS Code / Title 73 / Chapter 2 / Section 5-8
Miss. Code Ann. § 73-5-8
Status: in_force

Any person is qualified to receive a certificate of registration as a barber instructor who:

(a) Is eighteen (18) years of age or older;

(b) Is of good moral and temperate habits;

(c) Is able to read, write and speak English;

(d) Possesses a high school education or its equivalent;

(e) Has successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the State Board of Barber Examiners and holds a valid certificate of registration to practice barbering;

(f) Has (i) not less than two (2) years of active experience as a registered barber and has successfully completed not less than six hundred (600) hours of barber instructor training at a school approved by the board, or (ii) less than two (2) years of active experience as a registered barber and has successfully completed not less than one thousand (1,000) hours of barber instructor training at a school approved by the board; and

(g) Has passed a satisfactory examination conducted by the board to determine his fitness to practice as a barber instructor.

All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.

The board will implement an active and inactive instructor license. In order to renew an active license, instructors holding an active license shall be required to submit proof of twelve (12) hours of continuing education each year to the Board of Barber Examiners. That education shall be acquired in classes or trade shows teaching materials that are approved by the board. Instructors holding an inactive license shall be required to submit proof of twelve (12) hours continuing education before upgrading to an active status.
Miss. Code Ann. § 73-2-19 — MS Code / Title 73 / Chapter 2 / Section 2-19
Miss. Code Ann. § 73-2-19
Status: in_force

This chapter shall not require licensing in the following cases:

(a) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who, in either event, does not assume responsible charge of design or supervision.

(b) The practice of landscape architecture by employees of the United States government while engaged within this state in the practice of landscape architecture for said government.

(c) The practice of planning as customarily done by regional and urban planners.

(d) The practice of arborists, foresters, gardeners, home builders, floriculturists and ornamental horticulturists performing their respective trades or professions.

(e) The practice of any nurseryman or landscape contractor to practice planting design, planting, and location and arrangement of plant materials.

(f) The practice of architecture or engineering as defined by the laws of the State of Mississippi including, but not limited to, such planting as might be incidental to such practice.

(g) The work or practice of a regular employee of a public service company or public utility, by rendering to such company landscape architectural service in connection with its facilities which are subject to regulation, supervision and control in order to safeguard life, health and property by the Public Service Commission of this state shall be exempt so long as such person is thus actually and exclusively employed.

(h) Any person, firm or corporation performing landscape architecture and working on his own land or property.

(i) Golf course architects engaged in the preparation of drawings and specifications for a golf course, in accordance with accepted professional standards of public health and safety.
Miss. Code Ann. § 73-3-345 — MS Code / Title 73 / Chapter 2 / Section 3-345
Miss. Code Ann. § 73-3-345
Status: in_force

All complaints filed pursuant hereto shall be absolutely privileged, and no lawsuit predicated thereon may be instituted, and each person, firm, association or legal entity filing such a complaint shall be immune from any civil suit predicated thereon. The board of commissioners, the committee on complaints, the executive director, the complaint counsel, the complaint tribunals, and their assistants, staff and employees shall be immune from civil suit for any conduct arising out of the performance of their official duties. Every person shall be immune from civil suit for all of his sworn or written statements made or given in the course of any investigation, investigatory hearing, formal hearing or review proceedings held and conducted under these disciplinary rules.
Miss. Code Ann. § 73-1-33 — MS Code / Title 73 / Chapter 1 / Section 1-33
Miss. Code Ann. § 73-1-33
Status: in_force

The board, for reasons it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been suspended or revoked, providing three (3) or more members of the board vote in favor of such reissuance. The procedure for the reissuance of a certificate that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153 , shall be governed by Section 93-11-157 or 93-11-163 , as the case may be.
Miss. Code Ann. § 73-11-51 — MS Code / Title 73 / Chapter 2 / Section 11-51
Miss. Code Ann. § 73-11-51
Status: in_force

(1) No person shall engage in the business or practice of funeral service, including embalming, and/or funeral directing or hold himself out as transacting or practicing or being entitled to transact or practice funeral service, including embalming, and/or funeral directing in this state unless duly licensed under the provisions of this chapter.

(2) The board is authorized and empowered to examine applicants for licenses for the practice of funeral service and funeral directing and shall issue the proper license to those persons who successfully pass the applicable examination and otherwise comply with the provisions of this chapter.

(3) To be licensed for the practice of funeral directing under this chapter, a person must furnish satisfactory evidence to the board that he or she:

(a) Is at least eighteen (18) years of age;

(b) Has a high school diploma or the equivalent thereof;

(c) Has served as a resident trainee for not less than twelve (12) months under the supervision of a person licensed for the practice of funeral service or funeral directing in this state;

(d) Has successfully passed a written and/or oral examination as prepared or approved by the board; and

(e) Is of good moral character.

(4) To be licensed for the practice of funeral service under this chapter, a person must furnish satisfactory evidence to the board that he or she:

(a) Is at least eighteen (18) years of age;

(b) Has a high school diploma or the equivalent thereof;

(c) Has successfully completed twelve (12) months or more of academic and professional instruction from an institution accredited by the United States Department of Education for funeral service education and have a certificate of completion from an institution accredited by the American Board of Funeral Service Education or any other successor recognized by the United States Department of Education for funeral service education;

(d) Has served as a resident trainee for not less than twelve (12) months, either before or after graduation from an accredited institution mentioned above, under the supervision of a person licensed for the practice of funeral service in this state and in an establishment licensed in this state;

(e) Has successfully passed the National Conference of Funeral Examiners examination and/or such other examination as approved by the board; and

(f) Is of good moral character.

(5) All applications for examination and license for the practice of funeral service or funeral directing shall be upon forms furnished by the board and shall be accompanied by an examination fee, a licensing fee and a nonrefundable application fee in amounts fixed by the board in accordance with Section 73-11-56 . The fee for an initial license, however, may be prorated in proportion to the period of time from the date of issuance to the date of biennial license renewal prescribed in subsection (8) of this section. All applications for examination shall be filed with the board office at least sixty (60) days before the date of examination. A candidate shall be deemed to have abandoned the application for examination if he does not appear on the scheduled date of examination unless such failure to appear has been approved by the board.

(6) The practice of funeral service or funeral directing must be engaged in at a licensed funeral establishment, at least one (1) of which is listed as the licensee's place of business; and no person, partnership, corporation, association or other organization shall open or maintain a funeral establishment at which to engage in or conduct or hold himself or itself out as engaging in the practice of funeral service or funeral directing until such establishment has complied with the licensing requirements of this chapter. A license for the practice of funeral service or funeral directing shall be used only at licensed funeral establishments; however, this provision shall not prevent a person licensed for the practice of funeral service or funeral directing from conducting a funeral service at a church, a residence, public hall, lodge room or cemetery chapel, if such person maintains a fixed licensed funeral establishment of his own or is in the employ of or an agent of a licensed funeral establishment.

(7) Any person holding a valid, unrevoked and unexpired nonreciprocal license in another state or territory having requirements greater than or equal to those of this state as determined by the board may apply for a license to practice in this state by filing with the board a certified statement from the secretary of the licensing board of the state or territory in which the applicant holds his license certifying to his qualifications and good standing with that board. He/she must also successfully pass a written and/or oral examination on the Mississippi Funeral Service licensing law and rules and regulations as prepared or approved by the board, and must pay a nonrefundable application fee set by the board. If the board finds that the applicant has fulfilled aforesaid requirements and has fulfilled substantially similar requirements of those required for a Mississippi licensee, the board shall grant such license upon receipt of a fee in an amount equal to the renewal fee set by the board for a license for the practice of funeral service or funeral directing, as the case may be, in this state. The board may issue a temporary funeral service or funeral directing work permit before a license is granted, before the next regular meeting of the board, if the applicant for a reciprocal license has complied with all requirements, rules and regulations of the board. The temporary permit will expire at the next regular meeting of the board. The issuance of a license or temporary permit 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.

(8)(a) Except as provided in Section 33-1-39 , any person holding a license for the practice of funeral service or funeral directing may have the same renewed for a period of two (2) years by making and filing with the board an application on or before the due date. Payment of the renewal fee shall be in an amount set by the board in accordance with Section 73-11-56 . The board shall mail the notice of renewal and the due date for the payment of the renewal fee to the last-known address of each licensee at least thirty (30) days before that date. It is the responsibility of the licensee to notify the board in writing of any change of address. An application will be considered late if the application and proper fees are not in the board's office or postmarked by the due date. Failure of a license holder to receive the notice of renewal shall not exempt or excuse a license holder from the requirement of renewing the license on or before the license expiration date.

(b) If the renewal fee is not paid on or postmarked by the due date, the license of such person shall by operation of law automatically expire and become void without further action of the board. The board may reinstate such license if application for licensure is made within a period of five (5) years, upon payment of the renewal fee for the current year, all renewal fees in arrears, and a reinstatement fee. After a period of five (5) years, the licensee must make application, pay the current renewal fee, all fees in arrears, and pass a written and/or oral examination as prepared or approved by the board.

(9) No license shall be assignable or valid for any person other than the original licensee.

(10) The board may, in its discretion, if there is a major disaster or emergency where human death is likely to occur, temporarily authorize the practice of funeral directing and funeral service by persons licensed to practice in another state but not licensed to practice in this state. Only persons licensed in this state, however, may sign death certificates.

(11) Any funeral service technology or mortuary science program accredited by the American Board of Funeral Service Education in the State of Mississippi, as well as students enrolled in such a program, shall be exempt from licensing under this chapter when embalming or otherwise preparing a deceased human body for disposition as part of a student practicum experience, when the student is directly supervised by an instructor or preceptor who holds a current funeral service license. This exemption shall apply to practicum experiences performed at an accredited institution of funeral service technology or mortuary science program or at a duly licensed funeral establishment or commercial mortuary service. Nothing in this subsection shall be construed to allow any funeral service technology or mortuary science program, or those students enrolled in such a program, to engage in practicum experiences for remuneration.

(12) 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. § 73-27-5 — MS Code / Title 73 / Chapter 1 / Section 27-5
Miss. Code Ann. § 73-27-5
Status: in_force

All applicants for license shall have attained the age of twenty-one (21) years, and shall be of good moral character; they shall have had at least four (4) years high school and be graduates of same; they shall have at least one (1) year prepodiatry college education and be graduates of some college of podiatry recognized as being in good standing by the State Board of Medical Licensure. No college of podiatry or chiropody shall be accredited by the board as a college of good standing that does not require for graduation a course of study of at least four (4) years (eight and one-half (8- 1 / 2 ) months each) and be recognized by the Council on Education of the American Podiatry Association. However, all podiatrists actively engaged in the practice of podiatry in the State of Mississippi, prior to January 1, 1938, whether graduates or not, shall, upon furnishing proof thereof by displaying their state privilege tax license to the Secretary of the State Board of Medical Licensure, and upon payment of fee of Ten Dollars and Twenty-five Cents ($10.25), be entitled to a license without an examination, and applications for the license shall be filed not later than sixty (60) days after February 17, 1938. Upon payment of a fee prescribed by the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00), a license without examination may be issued to podiatrists of other states maintaining equal statutory requirements for the practice of podiatry and extending the same reciprocal privileges to this state. The State Board of Medical Licensure may affiliate with the National Board of Chiropody or Podiatry Licensure in granting licenses to practice podiatry in Mississippi, provided the written examination covers at least two-thirds ( 2 / 3 ) of the subjects set forth in Section 73-27-9 . 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.

To qualify for a Mississippi podiatry license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-27-13 . To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.

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.

The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

The board shall charge and collect from the applicant, 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.

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. § 73-35-17 — MS Code / Title 73 / Chapter 1 / Section 35-17
Miss. Code Ann. § 73-35-17
Status: repealed

(1) A fee not to exceed One Hundred Dollars ($100.00) shall accompany an application for a real estate broker's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the fee associated with administering the test shall be collected by the testing provider and the application fee for any real estate license shall be collected by the commission.

(2) For each license as a real estate broker issued to a member of a partnership, association or officer of a corporation other than the member or officer named in the license issued to such partnership, association or corporation, a fee not to exceed Seventy-five Dollars ($75.00) shall be charged.

(3) A fee not to exceed One Hundred Dollars ($100.00) shall accompany an application for a real estate salesperson's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the fee associated with administering the test shall be collected by the testing provider and the application fee for any real estate license shall be collected by the commission.

(4) Except as provided in Section 33-1-39 , it shall be the duty of all persons, partnerships, associations, companies or corporations licensed to practice as a real estate broker or salesperson to register with the commission annually or biennially, in the discretion of the commission, according to rules promulgated by it and to pay the proper registration fee. An application for renewal of license shall be made to the commission annually no later than December 31 of each year, or biennially on a date set by the commission. A licensee failing to pay his renewal fee after the same becomes due and after two (2) months' written notice of his delinquency mailed to him by United States certified mail addressed to his address of record with the commission shall thereby have his license automatically cancelled. Any licensee renewing in this grace period shall pay a penalty in the amount of one hundred percent (100%) of the renewal fee. The renewal fee shall not exceed Seventy-five Dollars ($75.00) per year for real estate brokers, partnerships, associations and corporations. The renewal fee for a real estate salesperson's license shall not exceed Sixty Dollars ($60.00) per year.

(5) For each additional office or place of business, an annual fee not to exceed Fifty Dollars ($50.00) shall be charged.

(6) For each change of office or place of business, a fee not to exceed Fifty Dollars ($50.00) shall be charged.

(7) For each duplicate or transfer of salesperson's license, a fee not to exceed Fifty Dollars ($50.00) shall be charged.

(8) For each duplicate license, where the original license is lost or destroyed, and affidavit made thereof, a fee not to exceed Fifty Dollars ($50.00) shall be charged.

(9) To change status as a licensee from active to inactive status, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged. To change status as a licensee from inactive to active status, a fee not to exceed Fifty Dollars ($50.00) shall be charged.

(10) For each bad check received by the commission, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(11) A fee not to exceed Five Dollars ($5.00) per hour of instruction may be charged to allay costs of seminars for educational purposes provided by the commission.

(12) A fee not to exceed Twenty-five Dollars ($25.00) may be charged for furnishing any person a copy of a real estate license, a notarized certificate of licensure or other official record of the commission.

(13) A fee not to exceed One Hundred Dollars ($100.00) shall be charged to review and process the application and instructional materials for each curriculum seeking acceptance as a real estate continuing education course developed to satisfy the mandatory continuing education requirements for this chapter, with the period of approval expiring after one (1) year. A fee not to exceed Fifty Dollars ($50.00) shall be charged for each renewal of a previously approved course, with the period of renewal expiring after one (1) year.

(14) Fees, up to the limits specified herein, shall be established by the Mississippi Real Estate Commission.

(15) The fees in subsections (1) and (2) of this section shall stand repealed from and after July 1, 2025.
Miss. Code Ann. § 73-60-11 — MS Code / Title 73 / Chapter 1 / Section 60-11
Miss. Code Ann. § 73-60-11
Status: in_force

(1) An application for an original license shall be made in writing to the Appraisal Board on forms as the Appraisal Board may prescribe and shall be accompanied by the required fee and proof of liability insurance and errors and omissions insurance.

(2) To qualify for a license under this chapter, a person shall:

(a) Have successfully completed high school or its equivalent;

(b) Be at least twenty-one (21) years of age;

(c) Have successfully completed an approved course of study of at least sixty (60) hours that may include field work as prescribed by the Appraisal Board;

(d) Have passed an examination as prescribed by the Appraisal Board;

(e) Provide a certificate of insurance for errors and omissions and general liability insurance (in the required amounts) pursuant to Section 73-60-15 ; and

(f) Have passed a background investigation pursuant to Section 73-60-47 .

(3) The Appraisal Board must review each application for a license submitted to it and must notify each applicant that the application is either accepted or rejected. The Appraisal Board must send notification of acceptance or rejections to the applicant at the address provided by the applicant in the application within thirty (30) days of receiving the application. If the application is rejected, the notice sent to the applicant must state the reasons for the rejection.
Miss. Code Ann. § 73-19-19 — MS Code / Title 73 / Chapter 1 / Section 19-19
Miss. Code Ann. § 73-19-19
Status: in_force

Every person desiring to be licensed as in this chapter provided, shall file with the secretary an application, verified by oath, setting forth the facts which entitle the applicant to examination and licensure under the provisions of this chapter. The said board shall hold at least two (2) examinations each year. In case of failure at any examination the applicant, after the expiration of six (6) months and within two (2) years, shall have the privilege of a second examination by the board without the payment of an additional fee. In the case of any applicant who shall fail the examination twice, said applicant shall not be permitted to again take the examination until he has completed a further course of study outlined by the board and paid the examination fee therefor. Every applicant who shall pass the examination, and who shall otherwise comply with the provisions of this chapter, shall receive from the said board under its seal a certificate of licensure entitling him to practice optometry in this state, which certificate shall be duly registered in a record book to be properly kept by the secretary of the board for that purpose, which shall be open to public inspection, and a duly certified copy of said record shall be received as evidence in all courts of this state in the trial of any case.

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. § 73-13-9 — MS Code / Title 73 / Chapter 1 / Section 13-9
Miss. Code Ann. § 73-13-9
Status: in_force

Each member of the board shall receive per diem in accordance with Section 25-3-69 when actually attending to the work of the board or any of its committees, and shall be reimbursed for traveling expenses in accordance with Section 25-3-41 in carrying out the provisions of Sections 73-13-1 through 73-13-105 .
Miss. Code Ann. § 73-4-31 — MS Code / Title 73 / Chapter 1 / Section 4-31
Miss. Code Ann. § 73-4-31
Status: in_force

(1) The State of Mississippi shall be the obligee under any bond under this chapter.

(2) Such bond shall be:

(a) Executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state as a surety;

(b) In such form and containing such terms and conditions as the commission prescribes;

(c) Conditioned upon the faithful performance of all obligations of a licensee under this chapter and the rules and regulations promulgated hereunder, including the obligation to account for and pay over monies and proceeds to persons who are entitled to them; and

(d) Effective from the date of its filing with the commission, such bond shall not be affected by the expiration of the license period and shall continue in full force and effect until cancelled, provided that the total and aggregate liability of the surety on a bond shall be limited to the amount specified in the bond and the continuous nature of the bond shall in no way be construed as allowing the liability of the surety under a bond to accumulate for each successive license period during which the bond is in force.

(3)(a) A licensee may not cancel a bond without the prior written approval of the commission and its approval of a substitute bond so as to provide continuous bonding of the licensee's activities.

(b) The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail, return receipt requested, to the commission and to the principal of the bond.

(c) Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the licensee shall give written notice to the commission that a new bond has been obtained so as to provide continuous coverage of the licensee's activities.
Miss. Code Ann. § 73-19-191 — MS Code / Title 73 / Chapter 1 / Section 19-191
Miss. Code Ann. § 73-19-191
Status: in_force

An optometrist may be licensed in Mississippi to perform authorized ophthalmic YAG laser posterior capsulotomy procedures if he/she:

(a) Provides proof of holding a Mississippi license to practice therapeutic optometry and is in good standing;

(b) Provides proof of satisfactory completion of a course of instruction as approved by the board. Those graduating from an accredited school or college of optometry within five (5) years after July 1, 2021, may be excluded from course completion requirement, provided that the candidate has successfully passed appropriate coursework to fulfill requirements as determined by the board. The board-approved course of instruction shall be:

(i) Provided by an accredited optometry, osteopathy or medical school;

(ii) A minimum of thirty-two (32) clock hours in length; and

(iii) Sponsored by an organization approved by the board;

(c) Satisfactorily completes a written test approved by the board on aspects pertaining to authorized ophthalmic YAG laser posterior capsulotomy procedures;

(d) Passes a clinical skills assessment approved by the board;

(e) Participates in eight (8) additional hours of working under a preceptor who is either an ophthalmologist or licensed credentialed optometrist. The preceptor must be licensed to perform the ophthalmic YAG laser posterior capsulotomy procedures, and the training shall occur within the state in which the preceptor is licensed to perform such procedures; and

(f) Such other requirements as may be directed by the board.
Miss. Code Ann. § 73-9-29 — MS Code / Title 73 / Chapter 1 / Section 9-29
Miss. Code Ann. § 73-9-29
Status: in_force

Any dentist of this state licensed by the Mississippi State Board of Dental Examiners, who has complied with the requirements specified by the Council on Dental Education of the American Dental Association, or its successor council or commission, in a specialty branch of dentistry or who has otherwise met the requirements of the rules and regulations promulgated by the board may apply for a certificate as a specialist. The application shall be accompanied by the payment of a fee not to exceed the fee provided for in Section 73-9-43 and the application must be on file for at least sixty (60) days before the regular meeting of the board, and if the application is accepted the applicant may be notified to appear for examination before the board and a committee of that particular specialty, if available, appointed by the board. Examinations may be oral, written, or both, and the applicant may be required to demonstrate his or her knowledge and proficiency in the specialty in which he or she desires to be certified. The board is authorized to certify specialists in all specialty areas approved by the American Dental Association.

Any dentist not licensed by the Mississippi State Board of Dental Examiners but who is eligible to take the Mississippi State Board examination, and is further eligible for specialty examination, may take both examinations at the discretion of the board.

No licensed dentist shall hold himself or herself out to the public as a specialist, or publicly announce as being specially qualified in any particular branch of dentistry, or publicly announce as giving special attention to any branch of dentistry, until he or she has been issued a certificate by the board authorizing him or her to do so. Failure to comply shall be cause for his or her dental license to be revoked or suspended.

Only the following shall be eligible to announce as specialists:

(a) A diplomate of a specialty board approved by the American Dental Association;

(b) A dentist who has complied with requirements as specified by the Council on Dental Education of the American Dental Association, or its successor council or commission, for graduate training in the specialty sought to be announced, the training to meet the educational or training requirement for diplomate status;

(c) A dentist who has announced a specialized practice in one (1) of the special areas of dental practice within the State of Mississippi for at least five (5) years before January 1, 1970, and who meets the requirements elsewhere in this section may be granted a specialist certificate upon application and payment only of an initial specialty registration fee.

A dentist specialist's certificate shall be revoked or voided upon the revocation or voiding of the holder's license to practice dentistry in Mississippi.
Miss. Code Ann. § 73-13-75 — MS Code / Title 73 / Chapter 1 / Section 13-75
Miss. Code Ann. § 73-13-75
Status: in_force

The Mississippi Board of Licensure for Professional Engineers and Surveyors is hereby authorized and empowered to examine applicants for registration to practice surveying; to license and issue certificates of licensure to all applicants whom it deems qualified to practice surveying in accordance with Sections 73-13-71 through 73-13-105 ; and to revoke certificates of licensure for just cause as provided for in Sections 73-13-71 through 73-13-105 .
Miss. Code Ann. § 73-19-39 — MS Code / Title 73 / Chapter 1 / Section 19-39
Miss. Code Ann. § 73-19-39
Status: in_force

After completion of his investigation, the board investigator shall make a report of his findings and recommendations to the member of the board designated to investigate the matter. After receipt of the investigator's report, the board member shall take the following action:

(a) If upon review of the complaint, board investigator's report and any written response by the accused optometrist, the board member determines that there is not reasonable ground to believe that the accused optometrist has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of optometry, the board member shall present his findings and recommendations to the board at the next regular board meeting. The board may dismiss the complaint or may prepare a formal complaint against the licensee as provided in Section 73-19-41, Mississippi Code of 1972 . In the event of dismissal, the person filing the complaint and the accused optometrist shall be given written notice of the board's determination.

(b) If the board member determines there is reasonable cause to believe the accused optometrist is guilty of such conduct, which, if proven, would warrant suspension for a definite or an indefinite period or license revocation, the board member shall request the board to prepare and file a formal complaint against the accused optometrist. The board may dismiss the complaint or may prepare a formal complaint against the licensee as provided in Section 73-19-41, Mississippi Code of 1972 . In the event of a dismissal, the person filing the complaint and the accused optometrist shall be given written notice of the board's determination.
Miss. Code Ann. § 73-5-35 — MS Code / Title 73 / Chapter 2 / 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. § 73-57-27 — MS Code / Title 73 / Chapter 1 / Section 57-27
Miss. Code Ann. § 73-57-27
Status: in_force

(1) A license shall be renewed biennially beginning with the first renewal term after the issuance of the license, except as herein provided. The board shall provide notice of renewal at least thirty (30) calendar days prior to expiration for renewal of license to every person to whom a license was issued or renewed during the preceding renewal period. The notice of renewal shall indicate the renewal process and required fees required to be completed before the date of expiration.

(2) Upon receipt of the notice of renewal and the renewal fee, the board shall verify its contents and shall issue the licensee a license for the current renewal period, which shall be valid for the period stated thereon. The board, with the advice of the council, shall establish continuing education requirements for biennial renewal of the license, which shall include proof of completion of at least fifteen (15) clock hours approved by the board for continuing education credit. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 .

(3) A licensee who allows his license to lapse by failing to renew it may be reinstated by the board upon payment of the renewal fee and the reinstatement fee, provided that such request for reinstatement is made within two (2) years of the end of the renewal period. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 .

(4) A respiratory care practitioner who does not engage in the practice of respiratory care during the succeeding renewal period is not required to pay the renewal fee as long as he remains inactive. If he desires to resume the practice of respiratory care, he shall notify the board of his intent and shall satisfy the current requirements of the board in addition to remitting the renewal fee for the current renewal period and the reinstatement fee.

(5) The board is authorized to establish fees for replacement and duplicate licenses, and any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 73-35-8 — MS Code / Title 73 / Chapter 1 / Section 35-8
Miss. Code Ann. § 73-35-8
Status: in_force

(1) A nonresident may apply for a nonresident's license in Mississippi provided the individual is (a) a licensed broker in another state, or (b) is a broker/salesperson or salesperson affiliated with a resident or nonresident Mississippi broker, or (c) is a nonresident who applies for a broker's license and who will maintain an office in Mississippi. The nonresident broker need not maintain a place of business within Mississippi provided he is regularly actively engaged in the real estate business and maintains a place of business in the other state. The nonresident licensee or applicant shall be subject to all the provisions of this chapter, except for the residency requirement and approved equivalent prelicensing education.

(2) Every nonresident applicant shall file a statement of irrevocable consent with the Real Estate Commission that legal actions may be commenced against him in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state, by the Secretary of State of Mississippi, or by any member of the commission or chief executive officer thereof, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged. Every nonresident licensee shall consent to have any hearings conducted by the commission pursuant to Section 73-35-23, Mississippi Code of 1972 , at a place designated by the commission.

(3) Any service of process or pleading shall be served on the executive officer of the commission by filing duplicate copies, one (1) of which shall be filed in the office of the commission and the other forwarded by certified mail to the last-known principal address of the nonresident licensee against whom such process or pleading is directed. No default in any such action shall be taken except upon an affidavit of certification of the commission or the executive officer thereof that a copy of the process or pleading was mailed to the defendant as herein provided, and no default judgment shall be taken in any such action or proceeding until thirty (30) days after the mailing of process or pleading to the defendant.

(4) An applicant shall sign an agreement to cooperate with any investigation of the applicant's real estate brokerage activities which the commission may undertake.

(5) Each applicant for a nonresident license must qualify in all respects, including education, background investigation, examination and fees, as an applicant who is a resident of Mississippi with the exception of the residency requirement and approved equivalent prelicensing education.

(6) A certification from the Executive Officer of the Real Estate Commission in the state in which the nonresident maintains his principal place of business shall be required. An applicant shall disclose all states in which he has held a real estate license and furnish a certification of licensure from that state or states.

(7) The applicant/broker shall obtain an appropriate Mississippi license for the firm through which he intends to operate as a broker.

(8) Any nonresident broker, broker-salesperson and salesperson shall meet Mississippi continuing education requirements after becoming licensed just as any resident licensee.

(9) A broker or salesperson licensed in this state, on inactive status in good standing and no longer a resident of this state, may, after meeting other requirements for nonresident licensees, make application for a nonresident license without being required to meet current prelicensing educational requirements at the time of application or having to sit for the examination in order to obtain the equivalent nonresident license.

(10) A nonresident licensee in good standing who changes his legal domicile to the State of Mississippi may obtain a resident license equivalent to his nonresident license without meeting the current educational requirements or sitting for the examination, provided other requirements set forth for residents of the state are met.

(11) A nonresident licensee may utilize the inactive status for his license under the same requirements as a resident licensee, including, but not limited to, continuing education requirements and ceasing active status under a licensed nonresident broker.
Miss. Code Ann. § 73-25-23 — MS Code / Title 73 / Chapter 1 / Section 25-23
Miss. Code Ann. § 73-25-23
Status: in_force

The State Board of Medical Licensure is hereby authorized and empowered to grant limited institutional license for the practice of medicine in state institutions to graduates of foreign medical colleges approved by the National Educational Council for Foreign Medical Graduates or its successor, subject to the conditions as set out herein.

Any graduate of a foreign medical college approved by the organizations specified in the foregoing paragraph who is employed or is being considered for employment to practice medicine in one or more Mississippi state-supported institution(s) located in the same county shall make application for license to the State Board of Medical Licensure. The application shall be made on a form prescribed by the Board of Medical Licensure as required by laws of the State of Mississippi. The application shall also state the institution or institutions in which the applicant has assurance of employment. The State Board of Medical Licensure is hereby authorized to establish minimum standards of qualifications including moral, experience and proficiency for such applicants. The application and the board's recommendation shall be forwarded to the board of trustees and director of the institution(s) in which the applicant wishes to practice.

Upon receipt of such approved application from the State Board of Medical Licensure, the board of trustees or the governing authority and director of the institution or health center shall submit the application for review to the local medical society, the member of the Board of Trustees of the State Medical Association of that district and the member of the State Board of Medical Licensure of the district in which the institution is located. A formal recommendation from each of these, along with that of the board of trustees and director of the institution, shall become a part of the application, and shall then be returned to the State Board of Medical Licensure. If a majority of the recommendations are in favor of the applicant, the State Board of Medical Licensure may, in its discretion, issue a limited license to practice medicine. The holder of such a license shall be subject to all the laws of the State of Mississippi governing the practice of medicine.

Such license shall be for one (1) year and shall be in such form as the State Board of Medical Licensure shall prescribe, and shall be issued for practice in a particular institution and shall not be endorsable to another state. The license must be renewed annually, after such review as the State Board of Medical Licensure considers necessary. A graduate of a foreign medical school so licensed may hold such limited institutional license no longer than five (5) years. However, any graduate of a foreign medical school so licensed and employed by any state institution on January 1, 1981, shall not be subject to the five-year limitation created hereby. In addition, the State Board of Medical Licensure, in its discretion, may waive the five-year limitation on limited institutional licenses for any graduate of a foreign medical school who holds such license.

It is the intent of this section to enable Mississippi institutions to utilize the services of qualified graduates of foreign medical colleges during the period necessary for them to secure citizenship papers, and to meet other requirements for a regular license, including Educational Council for Foreign Medical Graduates certification. The State Board of Medical Licensure is hereby authorized, in its discretion, to refuse to renew, or to revoke such limited license if the holder of such license has failed to avail himself of the opportunity to take the examination for regular licensure after becoming eligible for such examination.

The State Board of Medical Licensure may establish reasonable and uniform license fees and shall make such rules and regulations as it considers necessary to carry out the purposes of this section.

The State Board of Medical Licensure is hereby authorized and directed to grant a full license for the practice of medicine to a graduate of a foreign medical school who has previously been granted an institutional license in one or more Mississippi state-supported institutions for a twenty-nine-year period of time and who on July 1, 2001, was serving as director of a Mississippi state-supported hospital and who has passed the clinical competency part of the Flex Examination for the State of Mississippi.
Miss. Code Ann. § 73-25-33 — MS Code / Title 73 / Chapter 1 / Section 25-33
Miss. Code Ann. § 73-25-33
Status: in_force

(1) The practice of medicine shall mean to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound or fracture or other bodily injury or deformity, or the practice of obstetrics or midwifery, after having received, or with the intent of receiving therefor, either directly or indirectly, any bonus, gift, profit or compensation; provided, that nothing in this section shall apply to females engaged solely in the practice of midwifery.

(2) The practice of medicine shall not mean to provide gender transition procedures for any person under eighteen (18) years of age; or

(3) For purposes of this section, “gender transition procedures” means the same as defined in Section 2 of this act.
Miss. Code Ann. § 73-57-13 — MS Code / Title 73 / Chapter 1 / Section 57-13
Miss. Code Ann. § 73-57-13
Status: in_force

The board, with the advice of the council, may:

(a) Adopt such rules and regulations not inconsistent with the law as may be necessary to carry into effect the provisions of this chapter. Rules and regulations shall be adopted in accordance with the Administrative Procedures Law of the State of Mississippi.

(b) Employ such personnel as necessary to perform the functions of the board.

(c) Establish licensure requirements and procedures as deemed appropriate.

(d) Secure the services of resource consultants as deemed necessary by the board. Resource consultants shall receive travel and other necessary expenses, consistent with state laws and policies, incurred while engaged in consultative service to the board.

(e) Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading and/or reporting the results of licensing examinations. Such groups shall be capable of meeting the standards of the National Commission for Health Certifying Agencies, or its equivalent. The licensing examinations shall be validated and nationally recognized as testing respiratory care competencies.
Miss. Code Ann. § 73-24-23 — MS Code / Title 73 / Chapter 1 / Section 24-23
Miss. Code Ann. § 73-24-23
Status: in_force

(1) The board shall issue a license or a compact privilege to any person who meets the requirements of this article and upon payment of the license fee.

(2) The board shall issue a limited permit to persons who have completed the education and experience requirements of this article upon payment of the limited permit fee. This permit shall allow the person to practice occupational therapy or assist in the practice of occupational therapy, as the case may be, under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the date on which the results of the next qualifying examination have been made public. The limited permit can be renewed one (1) time if the applicant has failed the examination.

(3) Any person who is issued a license as an occupational therapist under this article may use the words “licensed occupational therapist,” “occupational therapist licensed,” “occupational therapist,” or he or she may use the letters “L.O.T.,” “O.T.L.” or “O.T.” in connection with his or her name or place of business to denote licensure under this article.

(4) Any person who is issued a license as an occupational therapy assistant under this article may use the words “occupational therapy assistant,” “licensed occupational therapy assistant” or “occupational therapy assistant licensed,” or may use the letters “O.T.A.,” “L.O.T.A.” or “O.T.A.L.,” in connection with his or her name or place of business to denote licensure under this article.
Miss. Code Ann. § 73-55-5 — MS Code / Title 73 / Chapter 1 / Section 55-5
Miss. Code Ann. § 73-55-5
Status: in_force

No person shall engage in athletic training or use the titles “athletic trainer,” “certified athletic trainer” or “licensed athletic trainer” or use the letters “LAT,” or “AT” or any other facsimile thereof, whether or not compensation is received or expected, unless he or she is licensed as an athletic trainer in this state as provided in this chapter.
Miss. Code Ann. § 73-63-31 — MS Code / Title 73 / Chapter 1 / Section 63-31
Miss. Code Ann. § 73-63-31
Status: in_force

The board may adopt, in part or in whole, examinations prepared, administered or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for registration as a professional geologist, in general or in a specialty of geology, or enrollment as a geologist-in-training. In adopting any examination, the board shall require that the examination questions and correct answers and any individual applicant's completed examination, be available to the board. The board shall retain the authority to determine a passing grade for purposes of registration or enrollment in this state.
Miss. Code Ann. § 73-33-12 — MS Code / Title 73 / Chapter 1 / Section 33-12
Miss. Code Ann. § 73-33-12
Status: in_force

(1) The following words and phrases as used in this section shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) “ Firm ” means a sole proprietorship, a corporation or a partnership.

(b) “ Quality review ” means a study, appraisal or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy, including a quality assurance or peer review, or any internal review or inspection that is required by professional standards relating to quality control policies and procedures; provided, however, such term does not include a positive enforcement program of a state accountancy board.

(c) “ Review committee ” means any person or persons carrying out, administering or overseeing quality review.

(2)(a) The proceedings, records and work papers of a review committee shall be privileged and shall not be subject to discovery, subpoena or other means of legal process or introduction into evidence in any civil action, arbitration, administrative proceeding or Mississippi State Board of Public Accountancy proceeding and no member of the review committee or person who was involved in the quality review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding or Mississippi State Board of Public Accountancy proceeding as to any matters produced, presented, disclosed or discussed during or in connection with the quality review process, or as to any findings, recommendations, evaluations, opinions or other actions of such committees, or any members thereof; provided, however, that information, documents or records that are publicly available are not to be construed as immune from discovery or use in any civil action, arbitration, administrative proceeding or Mississippi State Board of Public Accountancy proceeding merely because they were presented or considered in connection with the quality review process.

(b) Notwithstanding any provisions to the contrary in this chapter, the Mississippi State Board of Public Accountancy shall have access to reports of quality review results, including related letters of acceptance with recommendations and conditions, for use in a proceeding or trial board hearing involving the firm that is the subject of the quality or peer review.

(3) The privilege created by this section shall not apply to materials prepared in connection with a particular engagement merely because such materials happen to subsequently be presented or considered as part of the quality review process; nor does it apply to disputes between review committees and persons or firms subject to a quality review arising from the performance of the quality review.
Miss. Code Ann. § 73-9-53 — MS Code / Title 73 / Chapter 1 / Section 9-53
Miss. Code Ann. § 73-9-53
Status: in_force

Legally licensed pharmacists of this state are hereby authorized to fill prescriptions of legally licensed and registered dentists of this state for any drugs to be used in the practice of dentistry.
Miss. Code Ann. § 73-21-91 — MS Code / Title 73 / Chapter 1 / Section 21-91
Miss. Code Ann. § 73-21-91
Status: in_force

(1) Every pharmacist shall renew his license annually. To renew his license, a pharmacist shall:

(a) Submit an application for renewal on the form prescribed by the board;

(b) Submit satisfactory evidence of the completion in the last licensure period of such continuing education units as shall be required by the board, but in no case less than one (1) continuing education unit in the last licensure period;

(c)(i) Pay any renewal fees as required by the board, not to exceed One Hundred Dollars ($100.00) for each annual licensing period, provided that the board may add a surcharge of not more than Five Dollars ($5.00) to a license renewal fee to fund a program to aid impaired pharmacists or pharmacy students. Any pharmacist license renewal received postmarked after December 31 of the renewal period will be returned and a Fifty Dollar ($50.00) late renewal fee will be assessed before renewal.

(ii) The license fee for a pharmacy benefit manager shall be set by the board, but shall not exceed Five Hundred Dollars ($500.00). Any license renewal received postmarked after December 31 of the renewal period will be returned and a Five Hundred Dollar ($500.00) late renewal fee will be assessed before renewal.

(2) Any pharmacist who has defaulted in license renewal may be reinstated within two (2) years upon payment of renewal fees in arrears and presentation of evidence of the required continuing education. Any pharmacist defaulting in license renewal for a period in excess of two (2) years shall be required to successfully complete the examination given by the board pursuant to Section 73-21-85 before being eligible for reinstatement as a pharmacist in Mississippi, or shall be required to appear before the board to be examined for his competence and knowledge of the practice of pharmacy, and may be required to submit evidence of continuing education. If the person is found fit by the board to practice pharmacy in this state, the board may reinstate his license to practice pharmacy upon payment of all renewal fees in arrears.

(3) 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. § 73-63-47 — MS Code / Title 73 / Chapter 1 / Section 63-47
Miss. Code Ann. § 73-63-47
Status: in_force

In lieu of, or in addition to, the penalty provided in Section 73-63-43 , the board may begin and maintain in the name of the state any proceedings necessary or appropriate to enforce this chapter, any rule or regulation or written order of the board or any condition of registration. The proceedings may be filed and heard in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The board may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment, it shall not be necessary that the state plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or board order has first been issued for the alleged violation.
Miss. Code Ann. § 73-9-27 — MS Code / Title 73 / Chapter 1 / Section 9-27
Miss. Code Ann. § 73-9-27
Status: in_force

Each license issued by the board shall bear a serial number, the full name and residence of licensee, the date of issuance, the seal of the board, and shall be attested by the signatures of all the board members. Certified copies of the license may be issued by the president, secretary or executive director under their signature and seal, for which the secretary or executive director shall collect a fee as elsewhere provided in this chapter.
Miss. Code Ann. § 73-5-3 — MS Code / Title 73 / Chapter 1 / Section 5-3
Miss. Code Ann. § 73-5-3
Status: in_force

The board shall elect a president and secretary and shall adopt and use a common seal for the authentication of its records and orders. The secretary shall keep a record of all proceedings and acts of the board and an accurate account of all funds received and disbursed, which shall be considered as public records.

The secretary shall execute and file with the Secretary of State a bond in the sum of Ten Thousand Dollars ($10,000.00) conditioned according to law, the bond to be made in a surety company authorized to do business in this state and approved by the Governor. The premium for the bond shall be paid out of the funds in the board's special fund in the State Treasury.

A majority of the board shall constitute a quorum, and it is authorized to perform the requirements of this chapter at any regular or special meeting called for that purpose.

Each member of the board shall receive per diem in accordance with Section 25-3-69 when actually attending to the work of the board or any of its committees, and shall be reimbursed for traveling expenses in accordance with Section 25-3-41 in carrying out the provisions of this chapter. The board shall employ an executive director with compensation to be established by the State Personnel Board, and the executive director shall devote his or her full time to oversee all day-to-day operations of the board. The board may employ four (4) inspectors, one (1) to be appointed from each of the four (4) congressional districts, to make periodic inspections of all barbershops throughout the state and one (1) chief inspector to be appointed from the state at large to supervise inspections and investigations statewide. The board shall employ the necessary personnel to carry out the provisions of this chapter, and maintain and pay the expenses of an office to be located in the City of Jackson. All per diem, salaries and expenses shall be paid exclusively from the funds in the board's special fund, and salaries and expenses of personnel may be disbursed monthly.

The board shall require such of its employees as it may consider necessary to make bond and file same with the Secretary of State in such sums as it may consider necessary to protect the interests of the barbers of the State of Mississippi and require the faithful performance of their duties.
Miss. Code Ann. § 73-7-15 — MS Code / Title 73 / Chapter 1 / Section 7-15
Miss. Code Ann. § 73-7-15
Status: in_force

(1) The board shall admit to examination for a cosmetology instructor’s license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is a graduate of a licensed cosmetology school;

(b) Has a high school education or its equivalent;

(c) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school of cosmetology;

(d) Has successfully completed six (6) semester hours in college courses approved by the board; and

(e) Holds a current, valid Mississippi cosmetology license.

(2) The board shall admit to examination for a barbering instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is a graduate of a licensed barbering school;

(b) Has a high school education or its equivalent;

(c) Has (i) not less than two (2) years of active experience as a licensed barber and has successfully completed not less than six hundred (600) hours of instructor training in a licensed school of barbering or (ii) less than two (2) years of active experience as a licensed barber and has successfully completed one thousand (1,000) hours of instructor training in a licensed school of barbering;

(d) Has successfully completed six (6) semester hours in college courses approved by the board; and

(e) Holds a current, valid Mississippi barbering license.

(3) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Has a high school education or its equivalent;

(b) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of esthetics is taught;

(c) Has successfully completed six (6) semester hours in college courses approved by the board; and

(d) Holds a current, valid Mississippi esthetician's license.

(4) The board shall admit to examination for a nail technician instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Has a high school education or its equivalent;

(b) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of nail technology is taught;

(c) Has successfully completed six (6) semester hours in college courses approved by the board; and

(d) Holds a current, valid Mississippi nail technician's license.

(5) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, the period of which shall not exceed ninety (90) days. Such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent passport-style photographs of the applicant.

(6) Renewal Requirements:

(a) All cosmetology, barbering, nail technology, and/or esthetics instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology, barbering, esthetics or nail technology, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall neither be allowed to instruct nor to enroll students under his or her license until such continuing education requirement has been met. The board may issue an inactive instructor license to such instructors, and an inactive license may be converted into an active license only after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction is submitted.

(b) All persons who have received a license as a barbering instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.

(c) 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.

(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. § 73-19-35 — MS Code / Title 73 / Chapter 1 / Section 19-35
Miss. Code Ann. § 73-19-35
Status: in_force

When any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of optometry against any optometrist subject to discipline hereunder is referred to a member of the board for investigation, the board member shall take the following action:

(a) Cause the complaint or charge to be filed and docketed with the secretary of the board; and

(b) Refer the complaint to the board investigator for further investigation and report.
Miss. Code Ann. § 73-11-57.2 — MS Code / Title 73 / Chapter 2 / Section 11-57.2
Miss. Code Ann. § 73-11-57.2
Status: in_force

(1) No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.

(2) A person may not be, act as, or advertise or hold himself or herself out to be a funeral service, a funeral director, or a certified crematory operator unless he or she is currently licensed by the board.

(3) When the board has reasonable cause to believe that any person or entity not licensed under this chapter has violated any provision of this chapter or any rule adopted under this chapter, the board may issue an administrative complaint to such person or entity, alleging violation of this chapter and providing notice therein of intent by the board to order such person to cease and desist from the alleged violation of this chapter, to take corrective action, including payment of restitution to persons adversely affected by the violation, to pay the board's reasonable costs of investigation and prosecution, or to impose a fine of up to Five Thousand Dollars ($5,000.00) upon such person for each violation of this chapter alleged in the administrative complaint. When issuing an administrative complaint to such person or entity, the board shall order a hearing for the subject individual or entity to appear and show cause why he/she should not be disciplined for a violation of this chapter. Any party appearing before the board may be accompanied by counsel. The board is vested with full power and authority to hold and conduct such hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer oaths, examine witnesses, and do all things necessary to properly conduct such hearings.

(4) Where the board determines that an emergency exists regarding any violation of this chapter by any unlicensed person or entity, the board may issue and serve an emergency order upon such unlicensed person or entity. Such an emergency order may impose such prohibitions and requirements as are reasonably necessary to protect the public health, safety and welfare. Such emergency order shall be effective on the date of service on the unlicensed person or entity.

(a) For the purpose of enforcing such an emergency order, the board may file in circuit court for an injunction or other order seeking enforcement of the emergency order. The court shall issue its injunction or other order enforcing the emergency order pending administrative resolution of the matter under subsection (3) of this section, unless the court determines that such action would work a manifest injustice under the circumstances. Venue for judicial actions under this section shall be, at the election of the board, in the Circuit Court of Rankin County or in a circuit court of a county where the respondent resides or has a place of business.

(b) After serving an emergency order on any person or entity, the board shall within ten (10) days issue and serve upon the same person or entity an administrative complaint as set forth in subsection (3) of this section, except that, absent order of a court to the contrary, the emergency order will be effective throughout the pendency of proceedings under subsection (3) of this section.

(5) For the purpose of this section, the violation of this chapter by a person who is not licensed under this chapter or by any person who aids and abets the unlicensed activity shall be presumed to be irreparable harm to the public health, safety, or welfare.

(6) Any administrative complaint or emergency order under this section may be served in person by a board employee or by certified mail, return receipt requested, to the subject's place of residence or business, or by other means authorized by law.

(7) An aggrieved party shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
Miss. Code Ann. § 73-21-189 — MS Code / Title 73 / Chapter 1 / Section 21-189
Miss. Code Ann. § 73-21-189
Status: in_force

Sections 73-21-175 through 73-21-189 do not apply to any audit, review or investigation that involves alleged fraud, willful misrepresentation or abuse.
Miss. Code Ann. § 73-9-9 — MS Code / Title 73 / Chapter 1 / Section 9-9
Miss. Code Ann. § 73-9-9
Status: in_force

The Governor may remove any member of the board on proof of inefficiency, incompetency, immorality, unprofessional conduct, or continued absence from the state, for failure to perform duties, or for other sufficient cause. Any member who does not attend two (2) consecutive meetings of the board, without just cause, shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings. No removal shall be made without first giving the accused an opportunity to be heard in refutation of the charges made against him or her, and he or she shall be entitled to receive a copy of the charges at the time of filing.
Miss. Code Ann. § 73-53-7 — MS Code / Title 73 / Chapter 1 / Section 53-7
Miss. Code Ann. § 73-53-7
Status: in_force

(1) A person, corporation, association or business entity shall not use, cause to be used or advertise in connection with that person's or party's name or the name or activity of the business the words, “social worker,” “licensed social worker,” “licensed master's social worker,” “licensed certified social worker,” “licensed clinical social worker,” the letters “SW,” “LSW,” “LMSW,” “LCSW” and/or any words, combination of words, abbreviations, or insignia indicating or implying directly or indirectly that social work services are provided or supplied unless those services are provided by a person holding a valid and current license issued under this chapter or under the supervision (as provided by board rule) of a licensed certified social worker with a valid and current license issued under this chapter.

A person who does not hold a valid and current license issued by the board shall not practice social work, nor advertise the performance of that practice.

A person or party who engages in or attempts to engage in the conduct described by this section is considered to be engaged in the practice of social work.

(2) Any person not licensed under this chapter on July 1, 1993, who is actively engaged in the practice of social work before July 1, 1994, as an employee of the State of Mississippi or any agency, political subdivision or municipality thereof or any community action agency or Head Start agency, and who is not eligible to be issued a license under subsection (3) of this section, shall be issued a provisional license as a licensed social worker by the board, if the person applies for such provisional license before July 1, 1994, and, at the time that the application is made, the person is so actively engaged. The license shall be issued by the board upon application therefor, the submission of proof satisfactory to the board of the applicant's employment in the practice of social work as provided in this subsection, and the payment of the appropriate fee. Such license shall be valid for a maximum period of two (2) years, but not to extend past June 30, 1995, during which time the provisional licensee must pass the ASWB social work examination at the basic level.

(3) From and after July 1, 2001, any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed Five Hundred Dollars ($500.00) for his first violation, One Thousand Dollars ($1,000.00) for the second violation, and Five Thousand Dollars ($5,000.00) for the third and each subsequent violation.
Miss. Code Ann. § 73-5-29 — MS Code / Title 73 / Chapter 1 / 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. § 73-63-15 — MS Code / Title 73 / Chapter 1 / Section 63-15
Miss. Code Ann. § 73-63-15
Status: in_force

(1) The board shall meet within sixty (60) days after appointment of its members. The board shall hold at least two (2) regular meetings each year. Special meetings may be held at any time as provided in the rules and regulations of the board. The board shall provide notice of its meetings.

(2) The board shall elect annually from its membership a president and vice president. The president or vice president shall not hold that office for more than two (2) consecutive annual terms.

(3) A majority of the board shall constitute a quorum.

(4) The board shall keep a record of its proceedings.
Miss. Code Ann. § 73-1-39 — MS Code / Title 73 / Chapter 1 / Section 1-39
Miss. Code Ann. § 73-1-39
Status: in_force

A certificate of registration as registered architect, heretofore duly issued under the laws of this state, shall serve the same purpose as, and is hereby declared to be the license required by this chapter.

This chapter shall not apply to:

(a) The practice of architecture solely as an officer or employee of the United States, but persons so engaged or employed shall not engage in the private practice of architecture in this state without first having a registration certificate as herein provided;

(b) Any person, firm or corporation that prepares plans and specifications for the erection of any buildings owned by the State of Mississippi, or any of its political subdivisions, containing less than ten thousand (10,000) square feet of ground floor area, and not exceeding two (2) stories in height; or any person, firm or corporation that supervises the erection of any such buildings; or to any person, firm or corporation that prepares plans and specifications for, or that supervises repairs, alterations or additions to such existing buildings; provided further that such person, firm or corporation does not in any manner represent himself or itself to be an architect, architectural designer, or employ some other title of profession or business using some form of the word architect;

(c) Contractors, superintendents, inspectors, foremen or building trades craftsmen while performing their customary duties;

(d) Professional engineers licensed by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors practicing in compliance with the laws of this state;

(e) Professional landscape architects who are engaged in the preparation of drawings for and the supervision of planting, grading, walks, paving and appurtenances related to such work;

(f) City and regional planners or professional planners while advising, consulting, administering or performing professional work or planning services;

(g) Golf course architects who are engaged in the preparation of drawings and specifications and responsible supervision, including related consultation, investigation, reconnaissance, research and design, where the dominant purpose of such services is the design of a golf course, in accordance with accepted professional standards of public health and safety;

(h) Any person who prepares plans and specifications for, or supervises the erection, enlargement or alteration of:

(i) Any building on any farm for the use by any farmer;

(ii) Any one-family or two-family residence buildings, regardless of cost;

(iii) Any domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; or

(iv) Any other type building which contains less than five thousand (5,000) square feet and is less than three (3) stories in height.
Miss. Code Ann. § 73-3-119 — MS Code / Title 73 / Chapter 2 / Section 3-119
Miss. Code Ann. § 73-3-119
Status: in_force

Enrollment on the list of members of the bar and the payment of annual enrollment fees as required hereby shall be prerequisites to the continued practice by any lawyer already admitted and to the engaging in the practice by persons hereafter admitted. The date on which the provisions of this section shall become operative will be determined in the manner hereinafter provided.
Miss. Code Ann. § 73-10-1 — MS Code / Title 73 / Chapter 2 / Section 10-1
Miss. Code Ann. § 73-10-1
Status: in_force

This chapter shall be known and may be cited as the Mississippi Dietetics Practice Act of 1986.
Miss. Code Ann. § 73-9-51 — MS Code / Title 73 / Chapter 1 / Section 9-51
Miss. Code Ann. § 73-9-51
Status: in_force

No member of the board shall during the term of his office or thereafter, be required to defend any action for damages in any of the courts of this state where it is shown that said damage followed or resulted from any of the official acts of said board in the performance of its powers, duties or authority as set forth in this chapter. Any such action filed shall upon motion be dismissed, at the cost of the plaintiff, with prejudice.
Miss. Code Ann. § 73-38-15 — MS Code / Title 73 / Chapter 1 / Section 38-15
Miss. Code Ann. § 73-38-15
Status: in_force

(1) The administration of the provisions of this article shall be financed from income accruing from fees, licenses and other charges assessed and collected by the board and from such other funds available to the board.

(2) The board shall receive and account for all funds received and shall keep such funds in a separate fund. Funds collected under the provisions of this article shall be used solely for the compensation and expenses of the council and the board and to administer the provisions of this article, which may include full or partial financing of continuing education programs promulgated by the council under Section 73-38-33 . Such funds shall be subject to audit by the Auditor of the State of Mississippi.

(3) Members of the council shall receive no compensation for their services, but shall receive travel and other expenses necessarily incurred in the discharge of official duties.
Miss. Code Ann. § 73-5-45 — MS Code / Title 73 / Chapter 1 / Section 5-45
Miss. Code Ann. § 73-5-45
Status: repealed

Sections 73-5-1 through 73-5-43, Mississippi Code of 1972 , which create the State Board of Barber Examiners and prescribe its duties and powers, shall stand repealed as of July 1, 2025.
Miss. Code Ann. § 73-30-29 — MS Code / Title 73 / Chapter 1 / Section 30-29
Miss. Code Ann. § 73-30-29
Status: in_force

(1) Except as provided in Section 33-1-39 , the renewal of license fee or privilege to practice fee for licensed professional counselors under this article shall be Two Hundred Twenty Dollars ($220.00) per biennial licensing renewal period, and the renewal of license fee for provisional licensed professional counselors under this article shall be Fifty Dollars ($50.00) per annual licensing renewal period.

(2) Provisional licensed professional counselor licenses will be renewed annually on or before June 30. The evidence of the following must be received in the office of the board on or before June 30 of the year of renewal by every license holder who intends to continue to practice: Each active provisional licensed professional counselor licensee must accrue six (6) continuing education hours during the preceding license period, two (2) of which must involve topics in professional ethics or legal issues in the delivery of counseling services.

(3) Licensed professional counselor licenses will be renewed biennially on or before June 30 of the applicable year. The evidence of the following must be received in the office of the board on or before June 30 of the year of renewal by every license holder who intends to continue to practice: Each active licensed professional counselor licensee must accrue twenty-four (24) continuing education hours during the preceding license period, six (6) of which must involve topics in professional ethics or legal issues in the delivery of counseling services.
Miss. Code Ann. § 73-21-123 — MS Code / Title 73 / Chapter 1 / Section 21-123
Miss. Code Ann. § 73-21-123
Status: in_force

Nothing in this chapter shall be construed to prevent, or in any manner interfere with, or to require a permit for the sale of nonnarcotic nonprescription drugs which may be lawfully sold under the United States Food, Drug and Cosmetic Act ( 21 USCS 301 et seq. as now or hereafter amended) without a prescription, nor shall any rule or regulation be adopted by the board under the provisions of this chapter which shall require the sale of nonprescription drugs by a licensed pharmacist in a pharmacy or otherwise apply to or interfere with the sale or distribution of such drugs.