reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 25 - PHYSICIANS (§§ 73-25-1 — 73-25-127) › OUT-OF-STATE ATHLETIC TEAM PHYSICIANS (§§ 73-25-121 — 73-25-127) › Section 73-25-121 - Legislative purpose and intent

The purpose of Sections
73-25-121
through
73-25-127
is to set forth certain exemptions and stipulations as to the practice of medicine in Mississippi by physicians travelling from out of state with sports teams for sporting events conducted in the state. Further, it is the intent of Sections
73-25-121
through
73-25-127
to set forth the requirements of those physicians to practice medicine in Mississippi temporarily without obtaining Mississippi licensure.
Added by Laws, 2019, ch. 377, HB 977,§ 1, eff. 3/21/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 25 - PHYSICIANS (§§ 73-25-1 — 73-25-127) › OUT-OF-STATE ATHLETIC TEAM PHYSICIANS (§§ 73-25-121 — 73-25-127) › Section 73-25-123 - Definitions

As used in Sections
73-25-121
through
73-25-127
, the following terms shall have the meanings as defined in this section:
(a)
"Athletic team" or "team" means a group of people representing a specific organization or entity engaged in sporting activities, such as baseball or football, which require medical personnel to treat or evaluate injuries sustained in the activity.
(b)
"Staff members" means those individuals directly affiliated with the sports organization or entity whose purpose is to support the players or members of the team during a sporting event. This term includes, but is not limited to, trainers, coaches, equipment personnel, communications staff, band members, cheerleaders and the team mascot. This term does not include parents, boosters or other individuals who are simply present or attending the sporting event.
(c)
"Team physician" means a health care professional who holds an unrestricted medical license in the athletic team's state of origin, who travels with the team to away games or events for the purpose of providing medical treatment and evaluation for players and staff members of the team.
Added by Laws, 2019, ch. 377, HB 977,§ 2, eff. 3/21/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 25 - PHYSICIANS (§§ 73-25-1 — 73-25-127) › OUT-OF-STATE ATHLETIC TEAM PHYSICIANS (§§ 73-25-121 — 73-25-127) › Section 73-25-125 - Athletic team physicians licensed in another state exempt from Mississippi licensure requirements under certain conditions; limitations on extent of medical practice allowed under this section

(1)
A physician licensed in another state, territory or jurisdiction of the United States is exempt from the licensure requirements in Mississippi under the following conditions related to athletic team-based practice:
(a)
The physician is employed or formally designated as the team physician by an athletic team visiting Mississippi for a specific sporting event;
(b)
The physician limits the practice of medicine in Mississippi to medical treatment of the players, coaches and staff members of the sports organization or entity that employs or has designated the physician; and
(c)
The physician is licensed in the state in which the sports organization or entity is based or housed.
(2)
In addition to the authority granted under subsection (1) of this section, physicians authorized to practice under this section may treat players or staff members from the home team in Mississippi if the physician has specialized training or experience beyond that of the home team physician.
(3)
The extent of the medical practice allowed under this section is limited to the following aspects of the game or sporting event:
(a)
Pre-game warm-up and any postgame activities;
(b)
During the actual game or sporting event;
(c)
Travel to and from the sporting event within Mississippi; and
(d)
In-state lodging of the team and staff members.
(4)
It is the responsibility of the team or sports organization or entity employing the team physician to verify that the physician is licensed and in good standing in the appropriate jurisdiction as required under this section.
Added by Laws, 2019, ch. 377, HB 977,§ 4, eff. 3/21/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 25 - PHYSICIANS (§§ 73-25-1 — 73-25-127) › OUT-OF-STATE ATHLETIC TEAM PHYSICIANS (§§ 73-25-121 — 73-25-127) › Section 73-25-127 - Illegal practice of medicine outside circumstances authorized by Sections 73-25-121 through 73-25-127

The practice of medicine outside of the circumstances authorized in Sections
73-25-121
through
73-25-127
constitutes the illegal practice of medicine, in violation of Section
97-23-43
, and violators shall be subject to all fines and penalties described in that section.
Added by Laws, 2019, ch. 377, HB 977,§ 5, eff. 3/21/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 26 - PHYSICIAN ASSISTANTS (§§ 73-26-1 — 73-26-5) › Section 73-26-1 - Definitions

As used in this chapter:
(a)
"Board" means the State Board of Medical Licensure.
(b)
"Physician assistant" means a person who meets the board's criteria for licensure as a physician assistant and is licensed as a physician assistant by the board. Nothing in this chapter authorizes the licensure of anesthesiologist's assistants.
(c)
"Supervising physician" means a doctor of medicine or a doctor of osteopathic medicine who holds an unrestricted license from the board, and who is in the full-time practice of medicine and who has been approved by the board to supervise physician assistants.
(d)
"Supervision" means overseeing and accepting responsibility for the medical services rendered by a physician assistant in a manner approved by the board.
Laws, 2000, ch. 470, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 26 - PHYSICIAN ASSISTANTS (§§ 73-26-1 — 73-26-5) › Section 73-26-5 - Rules and regulations; appointment of task force

(1)
The board shall promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of physician assistants. Those rules shall include, but are not limited to: qualifications for licensure for physician assistants; scope of practice of physician assistants; supervision of physician assistants; identification of physician assistants; grounds for disciplinary actions and discipline of physician assistants, which through June 30, 2025, shall specifically include discipline for violation(s) of the provisions of Sections
41-121-1
through
41-121-9
relating to deceptive advertisement by health care practitioners; and setting and charging reasonable fees for licensure and license renewals for physician assistants. However, nothing in this chapter or in rules adopted by the board shall authorize physician assistants to administer or monitor general inhaled anesthesia, epidural anesthesia, spinal anesthesia or monitored anesthesia as utilized in surgical procedures. In addition, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physician assistants that conflicts with the prohibitions in Section
73-49-3
. The board shall promulgate rules for licensure and license renewals in accordance with Section
33-1-39
.
(2)
If the board appoints a task force or committee to address physician assistant regulation, at least one (1) member of the task force shall be a nurse practitioner who is a member of the Mississippi Board of Nursing or a nurse practitioner appointee selected by the board from a list of three (3) recommendations submitted by the Mississippi Nurses Association, and at least one (1) member shall be a physician assistant selected by the board from a list of three (3) recommendations submitted by the Mississippi Academy of Physician Assistants.
Laws, 2000, ch. 470, § 3; Laws, 2007, ch. 309, § 21; Laws, 2012, ch. 409, § 10, eff. 7/1/2012.
Amended by Laws, 2020, ch. 393, HB 686,§ 12, eff. 7/1/2020.
Amended by Laws, 2016, ch. 419, HB 489, 13, eff. 7/1/2016.
Amended by Laws, 2015, ch. 461, HB 204, 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-1 - Podiatry defined

(1)
The practice of podiatric medicine is that profession concerned with the prevention, examination, diagnosis and medical, surgical and adjuvant treatment of conditions of the human foot. For the purposes of this chapter, "foot" means that part of the human anatomy which consists of the tarsal bones, metatarsal bones and phalanges.
(2)
A podiatrist is a medical care provider who engages in the practice of podiatric medicine.
(3)
A podiatrist may prescribe and administer drugs and tests, excluding general and spinal anesthesia, that are essential to the practice of podiatric medicine when used for or in connection with treatment of disorders of the human foot.
Codes, 1942, § 8894; Laws, 1938, ch. 189; Laws, 1997, ch. 338, § 1; Laws, 2000, ch. 491, § 1, eff. 4/27/2000.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-3 - Board of medical licensure to examine; podiatry advisory committee

(1)
The State Board of Medical Licensure shall examine all applicants as hereinafter provided in this chapter.
(2)
There is established the Podiatry Advisory Committee to the State Board of Medical Licensure. The advisory committee shall be composed of three (3) licensed and practicing podiatrists in the State of Mississippi. The members of the advisory committee shall be appointed by the executive director of the board from a list of six (6) podiatrists recommended by the Mississippi Podiatric Medical Association who have practiced in the state for not less than three (3) years immediately before their appointment. The podiatrists appointed to the advisory committee shall serve for terms of three (3) years from the time of their appointment. Any vacancy occurring on the advisory committee before the expiration of a term shall be filled by appointment of the executive director of the board from a list of at least two (2) podiatrists recommended by the Mississippi Podiatric Medical Association who have practiced in the state for not less than three (3) years immediately before their appointment. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term.
(3)
The Podiatry Advisory Committee shall advise and make recommendations to the State Board of Medical Licensure on all podiatry matters that come before the board. The board shall allow the advisory committee sufficient time to adequately prepare any materials or other information that the committee wants to present or deliver to the board on any matter or issue affecting podiatry. The board shall not make any final decision or take any final action on any podiatry matter until the board has reviewed any materials or other information presented or delivered to it by the advisory committee, provided that the information is delivered within the time period prescribed by the board.
Codes, 1942, § 8895; Laws, 1938, ch. 189; Laws, 1980, ch. 458, § 23; Laws, 1998, ch. 389, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-7 - Examinations; when held

All examinations shall be held concurrently with the regular examinations of the state board of medical licensure.
Codes, 1942, § 8897; Laws, 1938, ch. 189; Laws, 1980, ch. 458, § 25, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-9 - Examinations; fees; subjects; minimum requirements for licenses; re-examination

Any person not exempt from examination under Section
73-27-5
, Mississippi Code of 1972, and desiring a license to practice podiatry shall, upon application to the State Board of Medical Licensure and payment of a fee prescribed by the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00), be examined in the following subjects: anatomy, histology, physiology, chemistry, pharmacy, materia medica, therapeutics, bacteriology, pathology, surgery, dermatology, neurology, physical therapy, diagnosis and roentgenology, orthopedics, chiropody and chiropodial surgery, limited in their scope to the treatment of the human foot and leg, and if found qualified shall receive a license. The minimum of requirements for license shall be a general average of seventy-five percent (75%) of all the subjects involved, provided that a grade of not less than sixty percent (60%) be made on any one (1) subject or branch given in the examination held. Applicants examined and being refused a license shall be entitled to reexamination upon payment of an additional fee prescribed by the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00), for each examination.
Codes, 1942, § 8898; Laws, 1938, ch. 189; Laws, 1958, ch. 359, § 2; Laws, 1979, ch. 439, § 3; Laws, 1980, ch. 458, § 26; Laws, 1987, ch. 308, § 2; Laws, 1989, ch. 315, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-11 - License; recorded; displayed

All licenses shall be recorded in the office of the circuit clerk in which the licensee practices within sixty (60) days from date of issuance. All licenses shall be conspicuously displayed at the offices or other places of practice.
Codes, 1942, § 8899; Laws, 1938, ch. 189.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-15 - Practicing without license

It shall be unlawful for any person to profess to be a podiatrist, to practice or assume the duties incident to podiatry without first obtaining from the Mississippi State Board of Medical Licensure a license authorizing the practice of podiatry in this state, except as otherwise provided by this chapter.
Codes, 1942, § 8901; Laws, 1938, ch. 189; Laws, 1980, ch. 458, § 29; Laws, 1997, ch. 338, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-16 - Reinstatement of revoked or suspended licenses

(1)
A person whose license to practice podiatry has been revoked or suspended may petition the Mississippi State Board of Medical Licensure to reinstate this license after a period of not less than one (1) year has elapsed from the date of the revocation or suspension. The procedure for the reinstatement of a license 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.
(2)
The petition shall be accompanied by two (2) or more verified recommendations from podiatrists licensed by the Board of Medical Licensure to which the petition is addressed and by two (2) or more recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed and such facts as may be required by the board.
The petition may be heard at the next regular meeting of the Board of Medical Licensure but not earlier than thirty (30) days after the petition was filed. No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which he is under probation or parole. The hearing may be continued from time to time as the Board of Medical Licensure finds necessary. Any final action by the board on a petition under this section shall be made with the advice of the advisory committee.
(3)
In determining whether the disciplinary penalty should be set aside and the terms and conditions, if any, which should be imposed if the disciplinary penalty is set aside, the Board of Medical Licensure may investigate and consider all activities of the petitioner since the disciplinary action was taken against him, the offense for which he was disciplined, his activity during the time his certificate was in good standing, his general reputation for truth, professional ability and good character; and it may require the petitioner to pass an oral examination.
(4)
The Secretary-Treasurer of the Board of Medical Licensure shall enter into his records of the case all actions of the Board of Medical Licensure in setting aside a disciplinary penalty under this section and he shall certify notices to the proper court clerk. The clerk shall make such changes on his records as may be necessary.
Laws, 1975, ch. 364; Laws, 1980, ch. 458, § 30; Laws, 1996, ch. 507, § 60; Laws, 1998, ch. 389, § 3, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-17 - Penalty

Any person who shall violate any of the provisions of this chapter shall, on conviction, of the first offense, be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the county jail not more than three (3) months or both; and such person, upon conviction of the second offense against this chapter, shall be punished by a fine of not less than two hundred dollars ($200.00) or more than five hundred dollars ($500.00) or by imprisonment in the penitentiary not less than one (1) year or more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of five thousand dollars ($5,000.00) or imprisonment for five years.
Codes, 1942, § 8902; Laws, 1938, ch. 189.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 27 - PODIATRISTS (§§ 73-27-1 — 73-27-19) › Section 73-27-19 - Exceptions

This chapter shall not apply to physicians or surgeons licensed to practice medicine or osteopathy in the State of Mississippi, nor to physicians or surgeons of the United States Army, Navy or the United States Public Health Service, when in actual performance of their duties or to legally registered podiatrists of another state taking charge of the practice of a locally registered podiatrist of this state, temporarily during the latter's absence therefrom, by written permission of the Secretary of the State Board of Medical Licensure.
Codes, 1942, § 8903; Laws, 1938, ch. 189; Laws, 1980, ch. 458, § 31; Laws, 1997, ch. 338, § 3, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-1 - Short title

This chapter shall be known, and may be cited, as "the Polygraph Examiners Law."
Codes, 1942, § 8920-61; Laws, 1968, ch. 380, § 1; reenacted, Laws, 1980, ch. 500, § 1; reenacted, Laws, 1993, ch. 351, § 1, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-3 - Definitions

In this chapter, unless the context requires a different definition:
"Board" means the polygraph examiners board;
"Secretary" means that member of the polygraph examiners board selected by the board to act as secretary;
"Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the board at the commencement of such internship;
"Person" means any natural person, firm, association, copartnership, or corporation; and
"Polygraph examiner" means any person who uses any device or instrument to test or question individuals for the purpose of verifying truth of statements.
Codes, 1942, § 8920-62; Laws, 1968, ch. 380, § 2; reenacted, Laws, 1980, ch. 500, § 2; reenacted, Laws, 1993, ch. 351, § 2, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-5 - Use of certain instrument required

Every polygraph examiner shall use an instrument which records visually, permanently, and simultaneously:
(1)
a subject's cardiovascular pattern and
(2)
a subject's respiratory pattern. Patterns of other physiological changes in addition to (1) and (2) may also be recorded.
Codes, 1942, § 8920-63; Laws, 1968, ch. 380, § 3; reenacted, Laws, 1980, ch. 500, § 3; reenacted, Laws, 1993, ch. 351, § 3, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-7 - Polygraph examiners board established; members; term of office; organization

(1)
There is hereby established a Polygraph Examiners Board consisting of three (3) members who shall be citizens of the United States and residents of the state for at least two (2) years prior to appointment and at the time of appointment are active polygraph examiners. No two (2) board members may be employed by the same person or agency. At least one (1) member must be a qualified examiner of a governmental law enforcement agency, and shall be the supervisor of the polygraph section of the Department of Public Safety, and at least one (1) member must be a qualified polygraph examiner in the commercial field. The members shall be appointed by the Governor of the State of Mississippi with the advice and consent of the Senate for a term of six (6) years. The terms of office of members appointed to the initial board are one (1) for two (2) years; one (1) for four (4) years; and one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by appointment of the Governor with the advice and consent of the Senate for the unexpired term.
(2)
The board shall elect a chairman, vice chairman and secretary from among its members.
(3)
The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board.
(4)
The members of the board shall receive Twenty-two Dollars and Fifty Cents ($22.50) per diem for each day spent in the actual discharge of their duties.
(5)
The Department of Public Safety is hereby authorized to provide the board with an appropriate office and such administrative and clerical services as may be necessary to carry out the board's responsibilities, including investigative and testing services, budgetary support and such other services and support deemed appropriate by the Commissioner of Public Safety.
Codes, 1942, § 8920-64; Laws, 1968, ch. 380, § 4; reenacted and amended, Laws, 1980, ch. 500, § 4; reenacted, Laws, 1993, ch. 351, § 4; amended, Laws, 1994, ch. 452, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-9 - Board to issue regulations; proof of members' signatures and qualification to act; fees; annual report

(1)
The board shall issue regulations consistent with the provisions of this chapter for the administration and enforcement of this chapter and shall prescribe forms which shall be issued in connection therewith.
(2)
An order or a certified copy thereof, over the board seal and purporting to be signed by the board members, shall be prima facie proof that the signatures are the genuine signatures of the board members, and that the board members are fully qualified to act.
(3)
All fees collected under the provisions of this chapter shall be paid to the Treasurer of the State of Mississippi. Funds necessary for the enforcement of this chapter and the administration of its provisions shall be appropriated by the Legislature to the Department Public Safety, but the funds so appropriated for a fiscal year shall not exceed the total amount of the fees which it is anticipated will be collected hereunder during such fiscal year, plus the amount of funds which were unexpended by the board for the next preceding fiscal year.
(4)
The board shall, prior to November 1 of each year, submit to the Attorney General of Mississippi and the Legislature, a detailed, written report on all the activities of the board and all expenditures made by it during the preceding fiscal year ending June 30.
Codes, 1942, § 8920-65; Laws, 1968, ch. 380, § 5; Laws, 1970, ch. 472; reenacted and amended, Laws, 1980, ch. 500, § 5; reenacted, Laws, 1993, ch. 351, § 5; amended, Laws, 1994, ch. 452, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-11 - Unlicensed person not to administer polygraph examinations

It shall be unlawful for any person, including a city, county or state employee, to administer polygraph examinations or attempt to hold himself out as a polygraph examiner without a license approved by the board and issued by the board.
Codes, 1942, § 8920-66; Laws, 1968, ch. 380, § 6; reenacted, Laws, 1980, ch. 500, § 6; reenacted, Laws, 1993, ch. 351, § 6, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-13 - Qualifications for license; surety bond

A person is qualified to receive a license as an examiner:
(1)
Who is at least twenty-one (21) years of age;
(2)
Who is a citizen of the United States;
(3)
Who establishes that he is a person of honesty, truthfulness, integrity, and moral fitness;
(4)
Who has not been convicted of a felony or a misdemeanor involving moral turpitude;
(5)
Who holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or, in lieu thereof, has five (5) consecutive years of active investigative experience immediately preceding his application;
(6)
Who is a graduate of a polygraph examiners course approved by the board and has satisfactorily completed not less than six (6) months of internship training, provided that if the applicant is not a graduate of an approved polygraph examiners course, satisfactory completion of not less than twelve (12) months of internship training may satisfy this subdivision; and
(7)
Prior to the issuance of a license, the applicant must furnish to the board evidence of a surety bond or insurance policy. Said surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000.00) and shall be conditioned that the obligor therein will pay to the extent of the face amount of such surety bond or insurance policy all judgments which may be recovered against the licensee by reason of any wrongful or illegal acts committed by him in the course of his examinations.
Codes, 1942, § 8920-67; Laws, 1968, ch. 380, § 7; reenacted, Laws, 1980, ch. 500, § 7; reenacted, Laws, 1993, ch. 351, § 7, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-15 - Original applications for licenses

Applications for original licenses shall be made to the secretary of the board in writing under oath on forms prescribed by the board, to which forms must be affixed the applicant's fingerprints and a recent photograph, and shall be accompanied by the required fee which is not refundable. Any such application shall require such information as in the judgment of the board will enable it to pass on the qualifications of the applicant for a license.
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.
Codes, 1942, § 8920-69; Laws, 1968, ch. 380, § 9; reenacted, Laws, 1980, ch. 500, § 8; reenacted, Laws, 1993, ch. 351, § 8; Laws, 1997, ch. 588, § 54, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-17 - Nonresident applicants; qualifications; requirements as to service of process

(a)
Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against said applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two (2) copies thereof with the secretary. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The secretary of the board shall send forthwith one (1) copy of the process to the applicant at the address shown on the records of the board by registered or certified mail.
(b)
Nonresident applicants must satisfy the requirements of Section
73-29-13
, and furnish also a recent photograph and fingerprints.
Codes, 1942, § 8920-70; Laws, 1968, ch. 380, § 10; reenacted, Laws, 1980, ch. 500, § 9; reenacted, Laws, 1993, ch. 351, § 9, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-19 - Licensing of examiners licensed under laws of other states

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license upon payment of a fee of Fifty Dollars ($50.00) and the production of satisfactory proof that:
(1)
He is at least twenty-one (21) years of age;
(2)
He is a citizen of the United States;
(3)
He is of good moral character;
(4)
The requirements for the licensing of polygraph examiners in such particular state or territory of the United States were, at the date of the applicant's licensing therein, substantially equivalent to the requirements now in force in this state;
(5)
The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two (2) years prior to his application for license hereunder;
(6)
Such other state or territory grants similar reciprocity to license holders of this state; and
(7)
He has complied with Section
73-29-17
.
The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Codes, 1942, § 8920-71; Laws, 1968, ch. 380, § 11; reenacted, Laws, 1980, ch. 500, § 10; reenacted, Laws, 1993, ch. 351, § 10, eff. 3/12/1993.
Amended by Laws, 2021, ch. 398, HB 1263,§ 24, eff. 7/1/2021.
Amended by Laws, 2013, ch. 350, SB 2419, 27, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-21 - Internship license

(a)
Upon approval by the board, the secretary shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten (10) days prior to the commencement of his internship. The application shall contain such information as may be required by the board.
(b)
An internship license shall be valid for the term of twelve (12) months from the date of issue. Such license may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the board.
(c)
A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and six-month extension if such extension is granted by the board until twelve (12) months after the date of expiration of the last internship license held by said trainee.
(d)
If a polygraph examiner is not available to personally supervise a trainee in the internship program, then a member of the board shall supervise and sponsor the trainee.
Codes, 1942, § 8920-72; Laws, 1968, ch. 380, § 12; reenacted and amended, Laws, 1980, ch. 500, § 11; reenacted, Laws, 1993, ch. 351, § 11, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-23 - Fees

The fee to be paid for an original polygraph examiner's license is fifty dollars ($50.00).
The fee to be paid for an internship license is thirty dollars ($30.00).
The fee to be paid for the issuance of a duplicate polygraph examiner's license is ten dollars ($10.00).
The fee to be paid for a polygraph examiner's renewal license is fifty dollars ($50.00).
The fee to be paid for the extension or renewal of an internship license is twenty-five dollars ($25.00).
The fee to be paid for a duplicate internship license is ten dollars ($10.00).
The fees required by this chapter may be paid by the governmental agency employing the examiner.
Codes, 1942, § 8920-73; Laws, 1968, ch. 380, § 13; reenacted and amended, Laws, 1980, ch. 500, § 12; reenacted, Laws, 1993, ch. 351, § 12, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-25 - License; issuance; display

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the board members and shall be issued under the seal of the board.
Codes, 1942, § 8920-74; Laws, 1968, ch. 380, § 14; reenacted, Laws, 1980, ch. 500, § 13; reenacted, Laws, 1993, ch. 351, § 13, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-27 - Examiner to give notice of change of business address

Notice in writing shall be given to the secretary by the licensed polygraph examiner of any change of principal business location within thirty (30) days of the time he changes the location. A change of business location without notification to the secretary shall automatically suspend the license theretofore issued.
Codes, 1942, § 8920-75; Laws, 1968, ch. 380, § 15; reenacted, Laws, 1980, ch. 500, § 14; reenacted, Laws, 1993, ch. 351, § 14, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-29 - Term of license; renewal

Except as provided in Section
33-1-39
, each polygraph examiner's license shall be issued for the term of one (1) year and shall, unless suspended or revoked, be renewed annually as prescribed by the board; provided, however, that licenses issued from and after July 1, 1994, shall be issued for terms of two (2) years and shall, unless suspended or revoked, be renewed as prescribed by the board. No license shall be renewed unless the board receives satisfactory proof of such continuing education as it by regulation requires.
Codes, 1942, § 8920-76; Laws, 1968, ch. 380, § 16; reenacted, Laws, 1980, ch. 500, § 15; reenacted, Laws, 1993, ch. 351, § 15; Laws, 1994, ch. 452, § 3; Laws, 2007, ch. 309, § 23, eff. 3/8/2007.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-33 - Effect of unlawful act of employee examiner or trainee on employer of such examiner or trainee

Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the board that the polygraph examiner-employer has wilfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
Codes, 1942, § 8920-78; Laws, 1968, ch. 380, § 18; reenacted, Laws, 1980, ch. 500, § 17; reenacted, Laws, 1993, ch. 351, § 17, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-35 - Examiner to register with secretary of state and circuit clerks

Each polygraph examiner shall register with the secretary of state of the State of Mississippi and with the circuit clerk in the county wherein he maintains a business address. The circuit clerk of each county shall maintain a list of all polygraph examiners registered in his county.
Codes, 1942, § 8920-79; Laws, 1968, ch. 380, § 19; reenacted, Laws, 1980, ch. 500, § 18; reenacted, Laws, 1993, ch. 351, § 18, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-37 - Proceedings for suspension or revocation of license

(a)
When there is cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the board shall, not less than thirty (30) days before refusal, suspension, or revocation action is taken, notify such person in writing, in person, or by certified mail at the last address supplied to the board by such person, of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board. If, within twenty (20) days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the board for this administrative hearing, the board is authorized to suspend or revoke the polygraph examiner's license of such person without a hearing. Upon receipt by the board of such written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten (10) days after written notification thereof, including a copy of the charges, shall have been given the person by personal service or by certified mail sent to the last address supplied to the board by the applicant or licensee. The administrative hearing in such cases shall be before the board.
(b)
The board shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
Codes, 1942, § 8920-80; Laws, 1968, ch. 380, § 20; reenacted, Laws, 1980, ch. 500, § 19; reenacted, Laws, 1993, ch. 351, § 19, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-39 - Judicial review of board's action

Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within thirty (30) days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Hinds County, Mississippi, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. Except as otherwise authorized in Section
7-5-39
, the board shall be represented in such appeals by the district or county attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination (1) is not based upon substantial evidence upon the entire record; (2) is arbitrary or capricious; (3) is in violation of statutory requirements; or (4) was made without affording to licensee or applicant due process of law.
Actions taken by the board in suspending a license when required by Section
93-11-157
or
93-11-163
are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section
93-11-157
or
93-11-163
shall be taken in accordance with the appeal procedure specified in Section
93-11-157
or
93-11-163
, as the case may be, rather than the procedure specified in this section.
Codes, 1942, § 8920-81; Laws, 1968, ch. 380, § 21; reenacted, Laws, 1980, ch. 500, § 20; reenacted, Laws, 1993, ch. 351, § 20; Laws, 1996, ch. 507, § 62; Laws, 2012, ch. 546, § 36, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-41 - Surrender of revoked or suspended license

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the secretary; failure of a licensee to do so shall be a violation of this chapter and upon conviction, shall be subject to the penalties hereinafter set forth. At any time after the suspension or revocation of any license, the secretary shall restore it to the former licensee, upon the written recommendations of the board.
Codes, 1942, § 8920-82; Laws, 1968, ch. 380, § 22; reenacted, Laws, 1980, ch. 500, § 21; reenacted, Laws, 1993, ch. 351, § 21, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-43 - Procedure for enjoining violations of chapter

If any person violates any provisions of this chapter, the secretary shall, upon direction of a majority of the board, in the name of the State of Mississippi, through the Attorney General of the State of Mississippi, except as otherwise authorized in Section
7-5-39
, apply in any chancery court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this chapter. Upon the filing of a verified petition in the court, the court, or any judge thereof, if satisfied by affidavit or otherwise that the person has violated this chapter, may issue a temporary injunction, without notice or bond, enjoining such continued violation and if it is established that the person has violated or is violating this chapter, the court, or any judge thereof, may enter a decree perpetually enjoining the violation or enforcing compliance with this chapter. In case of violation of any order or decree issued under the provisions of this section, the court, or any judge thereof, may try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.
Codes, 1942, § 8920-83; Laws, 1968, ch. 380, § 23; reenacted, Laws, 1980, ch. 500, § 22; reenacted, Laws, 1993, ch. 351, § 22; Laws, 2012, ch. 546, § 37, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-45 - Penalties

Any person who violates any provision of this chapter or any person who falsely states or represents that he has been or is a polygraph examiner or trainee shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term of not to exceed six (6) months, or both.
Codes, 1942, § 8920-84; Laws, 1968, ch. 380, § 24; reenacted, Laws, 1980, ch. 500, § 23; reenacted, Laws, 1993, ch. 351, § 23, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-47 - Admission of polygraphs in evidence

Nothing in this chapter shall be construed as permitting the results of truth examinations or polygraph examinations to be introduced or admitted as evidence in a court of law.
Codes, 1942, § 8920-85; Laws, 1968, ch. 380, § 25; reenacted and amended, Laws, 1980, ch. 500, § 24; reenacted, Laws, 1993, ch. 351, § 24, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 29 - POLYGRAPH EXAMINERS (§§ 73-29-1 — 73-29-49) › Section 73-29-49 - [Repealed]

Repealed by Laws of 1993, ch. 351, § 25, eff. 3/12/1993.
Laws, 1979, ch. 301, § 39; Laws, 1980, ch. 500, § 25; Laws, 1988, ch. 514.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 30 - LICENSED PROFESSIONAL COUNSELORS (§§ 73-30-1 — 73-30-51) › Article 1 - LICENSED PROFESSIONAL COUNSELORS (§§ 73-30-1 — 73-30-29) › Section 73-30-1 - Declaration of policy and legislative intent

It is declared to be the policy of this state that the activities of those persons who render services to the public as licensed professional counselors and use the title "Provisional Licensed Professional Counselor" (P-LPC) or "Licensed Professional Counselor" be regulated to ensure the protection of the public health, safety and welfare.
It is the intent of the Legislature to provide for the regulation of the practice of counseling as well as the use of the title "Provisional Licensed Professional Counselor" or "Licensed Professional Counselor" for those who offer services to the public for a fee, monetary or otherwise.
Laws, 1985, ch. 354, § 1, eff. 7/1/1985.
Amended by Laws, 2018, ch. 390, HB 708,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 30 - LICENSED PROFESSIONAL COUNSELORS (§§ 73-30-1 — 73-30-51) › Article 1 - LICENSED PROFESSIONAL COUNSELORS (§§ 73-30-1 — 73-30-29) › Section 73-30-11 - Denial of license; resubmission of application; appeal

Following a decision by the board not to license, the applicant may request a hearing at the next regularly scheduled meeting of the board. The applicant will be notified of the decision of the majority of the board members within sixty (60) days of the hearing. Upon a final decision by the board not to license, the applicant may (after waiting a period of at least one (1) year) resubmit the application accompanied by new evidence and a nonrefundable application fee of One Hundred Dollars ($100.00) for reconsideration for licensure.
The applicant may appeal the decision of the board to the circuit court of the county of the applicant's residence. If an applicant does not reside in Mississippi, the applicant may appeal the decision of the board to the Hinds County Circuit Court. Any appeal to the circuit court must be taken within thirty (30) days of the date of the board's decision. An appeal of the decision of the circuit court may be taken to the Mississippi Supreme Court not later than sixty (60) days from the date of the decision by the circuit court.
Laws, 1985, ch. 354, § 6, eff. 7/1/1985.
Amended by Laws, 2018, ch. 390, HB 708,§ 5, eff. 7/1/2018.