reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › MISSISSIPPI PHARMACY PRACTICE ACT (§§ 73-21-69 — 73-21-129) › Section 73-21-129 - [Repealed Effective 7/1/2025] Certain drug manufacturers required to make provision for return of outdated drugs from pharmacies; investigation and discipline of noncompliant manufacturers; exemption; definitions

(1)
Each manufacturer whose products are distributed within the State of Mississippi shall make adequate provision for the return of outdated drugs from pharmacies, both full and partial containers, excluding biological, infused or intravenously injected drugs and drugs that are inhaled during surgery, within six (6) months after the labeled expiration date, for prompt full credit or refund.
(2)
Wholesale distributors and reverse distributors that are required to register with the board and have a permit under Section
73-21-105
shall implement and administer the return policies established by the manufacturer.
(3)
If the board receives information that a manufacturer has failed to comply with this section, the board shall investigate the matter and present any evidence of the manufacturer's failure to comply to a review committee composed of the Dean of the University of Mississippi School of Pharmacy, the Executive Director of the State Board of Pharmacy and the Director of the Pharmacy Bureau of the Division of Medicaid, or the designee of any of those officials. The committee shall review the evidence of the manufacturer's failure to comply with this section and make a recommendation to the board regarding the discipline of the manufacturer for its failure to comply. After the board has received the recommendation of the committee, the board may discipline the manufacturer by providing that the manufacturer's products shall be ineligible for use in product selection in any state drug assistance programs.
(4)
A pharmacist may not dispense a prescription drug or controlled drug unless the pharmacist has satisfactory evidence that the manufacturer of the drug has a procedure for the return of expired drugs.
(5)
Any manufacturer that had a repurchase program in place on January 1, 2008, shall be exempt from the provisions of this section, provided that the repurchase program makes provision for the repurchase of outdated drugs in either full or partial amounts within six (6) months after the labeled expiration date.
(6)
As used in this section, the term "biological drug" or "biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or analogous product, or arsphenamine or derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment or cure of a disease or condition of human beings.
Laws, 2008, ch. 512, § 1; Laws, 2011, ch. 546, § 28, eff. 4/26/2011.
Reenacted by Laws, 2020, ch. 419, HB 688,§ 33, eff. 7/1/2020.
Amended by Laws, 2016, ch. 448, HB 462, 34, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY BENEFIT PROMPT PAY ACT (§§ 73-21-151 — 73-21-163) › Section 73-21-151 - Short title

Sections
73-21-151
through
73-21-163
shall be known as the "Pharmacy Benefit Prompt Pay Act."
Laws, 2006, ch. 533, § 31, eff. 6/30/2006.
Amended by Laws, 2020, ch. 395, HB 708,§ 1, eff. 1/1/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY BENEFIT PROMPT PAY ACT (§§ 73-21-151 — 73-21-163) › Section 73-21-159 - Financial examination of pharmacy benefit manager

(1)
In lieu of or in addition to making its own financial examination of a pharmacy benefit manager, the board may accept the report of a financial examination of other persons responsible for the pharmacy benefit manager under the laws of another state certified by the applicable official of such other state.
(2)
The board shall coordinate financial examinations of a pharmacy benefit manager that provides pharmacy management benefit plans in this state to ensure an appropriate level of regulatory oversight and to avoid any undue duplication of effort or regulation. The pharmacy benefit manager being examined shall pay the cost of the examination. The cost of the examination shall be deposited in a special fund that shall provide all expenses for the licensing, supervision and examination of all pharmacy benefit managers subject to regulation under Sections
73-21-71
through
73-21-129
and Sections
73-21-151
through
73-21-163
.
(3)
The board may provide a copy of the financial examination to the person or entity who provides or operates the health insurance plan or to a pharmacist or pharmacy.
(4)
The board is authorized to hire independent financial consultants to conduct financial examinations of a pharmacy benefit manager and to expend funds collected under this section to pay the costs of such examinations.
Laws, 2006, ch. 533, § 35; Laws, 2011, ch. 546, § 32, eff. 4/26/2011.
Amended by Laws, 2020, ch. 395, HB 708,§ 6, eff. 1/1/2021.
Amended by Laws, 2016, ch. 453, HB 456, 3, eff. 7/1/2016.
Amended by Laws, 2013, ch. 541, HB 777, 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-175 - Short title

Sections
73-21-175
through
73-21-189
shall be known as "The Pharmacy Audit Integrity Act."
Laws, 2008, ch. 431, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-177 - Purpose

The purpose of Sections
73-21-175
through
73-21-189
is to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities.
Laws, 2008, ch. 431, § 2, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-179 - Definitions

For purposes of Sections
73-21-175
through
73-21-189
:
(a)
"Entity" means a pharmacy benefit manager, a managed care company, a health plan sponsor, an insurance company, a third-party payor, or any company, group or agent that represents or is engaged by those entities.
(b)
"Health insurance plan" means benefits consisting of prescription drugs, other products and supplies, and pharmacist services provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as prescription drugs, other products and supplies, and pharmacist services under any hospital or medical service policy or certificate, hospital or medical service plan contract, preferred provider organization agreement, or health maintenance organization contract offered by a health insurance issuer.
(c)
"Individual prescription" means the original prescription for a drug signed by the prescriber, and excludes refills referenced on the prescription.
(d)
"Pharmacy benefit manager" means a business that administers the prescription drug/device portion of pharmacy benefit management plans or health insurance plans on behalf of plan sponsors, insurance companies, unions and health maintenance organizations. Pharmacy benefit managers may also provide some, all, but may not be limited to, the following services either directly or through outsourcing or contracts with other entities:
(i)
Adjudicate drug claims or any portion of the transaction.
(ii)
Contract with retail and mail pharmacy networks.
(iii)
Establish payment levels for pharmacies.
(iv)
Develop formulary or drug list of covered therapies.
(v)
Provide benefit design consultation.
(vi)
Manage cost and utilization trends.
(vii)
Contract for manufacturer rebates.
(viii)
Provide fee-based clinical services to improve member care.
(ix)
Third-party administration.
(e)
"Pharmacy benefit management plan" means an arrangement for the delivery of pharmacist's services in which a pharmacy benefit manager undertakes to administer the payment or reimbursement of any of the costs of pharmacist's services for an enrollee on a prepaid or insured basis that (i) contains one or more incentive arrangements intended to influence the cost or level of pharmacist's services between the plan sponsor and one or more pharmacies with respect to the delivery of pharmacist's services; and (ii) requires or creates benefit payment differential incentives for enrollees to use under contract with the pharmacy benefit manager.
(f)
"Pharmacist," "pharmacist services" and "pharmacy" or "pharmacies" shall have the same definitions as provided in Section
73-21-73
.
Laws, 2008, ch. 431, § 3; Laws, 2012, ch. 479, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-181 - Application

Sections
73-21-175
through
73-21-189
shall apply to any audit of the records of a pharmacy conducted by a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, pharmacy benefit manager, a health program administered by a department of the state or any entity that represents those companies, groups, or department.
Laws, 2008, ch. 431, § 4, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-185 - Appeals; dismissal of audit report; mediation of unresolved issues

(1)
Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity.
(2)
If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or that portion without the necessity of any further action.
(3)
If, following the appeal, any of the issues raised in the appeal are not resolved to the satisfaction of either party, that party may ask for mediation of those unresolved issues. A certified mediator shall be chosen by agreement of the parties from the Court Annexed Mediators List maintained by the Mississippi Supreme Court.
Laws, 2008, ch. 431, § 6, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-187 - Use of extrapolation in calculating recoupments or penalties prohibited

Notwithstanding any other provision in Sections
73-21-175
through
73-21-189
, the entity conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. An extrapolation audit means an audit of a sample of prescription drug benefit claims submitted by a pharmacy to the entity conducting the audit that is then used to estimate audit results for a larger batch or group of claims not reviewed by the auditor.
Laws, 2008, ch. 431, § 7, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-189 - Limitation of applicability of Sections 73-21-175 through 73-21-189

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.
Laws, 2008, ch. 431, § 8, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PHARMACY AUDIT INTEGRITY ACT (§§ 73-21-175 — 73-21-191) › Section 73-21-191 - Penalty for noncompliance with Sections 73-21-175 through 73-21-189

(1)
The State Board of Pharmacy may impose a monetary penalty on pharmacy benefit managers for noncompliance with the provisions of the Pharmacy Audit Integrity Act, Sections
73-21-175
through
73-21-189
, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation. The board shall prepare a record entered upon its minutes which states the basic facts upon which the monetary penalty was imposed. Any penalty collected under this subsection (1) shall be deposited into the special fund of the board.
(2)
The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (1) of this section. A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section
73-21-101
, or may be paid sooner if the licensee, registrant or permit holder elects. Money collected by the board under this subsection (2) shall be deposited to the credit of the special fund of the board.
(3)
When payment of a monetary penalty assessed and levied by the board against a licensee, registrant or permit holder in accordance with this section is not paid by the licensee, registrant or permit holder when due under this section, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, registrant or permit holder, or if the licensee, registrant or permit holder is a nonresident of the State of Mississippi, in the Chancery Court of the First Judicial District of Hinds County, Mississippi. When those proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall be heard in due course by the court, which shall review the record and make its determination thereon in accordance with the provisions of Section
73-21-101
. The hearing on the matter may, in the discretion of the chancellor, be tried in vacation.
(4)
The board shall develop and implement a uniform penalty policy that sets the minimum and maximum penalty for any given violation of board regulations and laws governing the practice of pharmacy. The board shall adhere to its uniform penalty policy except in those cases where the board specifically finds, by majority vote, that a penalty in excess of, or less than, the uniform penalty is appropriate. That vote shall be reflected in the minutes of the board and shall not be imposed unless it appears as having been adopted by the board.
Laws, 2012, ch. 479, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PRESCRIPTION DRUGS CONSUMER AFFORDABLE ALTERNATIVE PAYMENT OPTIONS ACT (§§ 73-21-201 — 73-21-205) › Section 73-21-201 - Short title

Sections
73-21-201
through
73-21-205
shall be known as the "Prescription Drugs Consumer Affordable Alternative Payment Options Act."
Added by Laws, 2018, ch. 331, HB 709,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PRESCRIPTION DRUGS CONSUMER AFFORDABLE ALTERNATIVE PAYMENT OPTIONS ACT (§§ 73-21-201 — 73-21-205) › Section 73-21-203 - Definitions

For the purposes of Sections
73-21-201
through
73-21-205
:
(a)
"Board" shall have the same definition as provided in Section
73-21-73
.
(b)
"Pharmacist," "pharmacist services" and "pharmacy" or "pharmacies" shall have the same definitions as provided in Section
73-21-73
.
(c)
"Pharmacy benefit manager" shall have the same definition as provided in Section
73-21-179
.
Added by Laws, 2018, ch. 331, HB 709,§ 2, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 21 - PHARMACISTS (§§ 73-21-1 — 73-21-205) › PRESCRIPTION DRUGS CONSUMER AFFORDABLE ALTERNATIVE PAYMENT OPTIONS ACT (§§ 73-21-201 — 73-21-205) › Section 73-21-205 - Pharmacists authorized to provide additional information to patients to allow them to consider affordable alternative payment options when acquiring prescription medication; provisions of contracts or agreements contrary to Sections 73-21-201 through 73-21-205 are void; compliance with this section does not constitute violation of contract or agreement to which pharmacist is party; protection for pharmacists acting or failing to act under this section

(1)
(a)
Pharmacists may provide additional information to a patient to allow them an opportunity to consider affordable alternative payment options when acquiring their prescription medication.
(b)
Any provision of any contract or agreement contrary to the provisions of Sections
73-21-201
through
73-21-205
shall be considered in violation of public policy and shall be void.
(2)
Compliance with this section shall not constitute a violation of any contract or provision of any agreement to which the pharmacist or pharmacy is a party.
(3)
Neither the board, any pharmacy benefit manager nor any third party shall penalize a pharmacist for acting or failing to act under this section, nor shall a pharmacist or his agents or employees be liable for any act or failure to act under this section.
Added by Laws, 2018, ch. 331, HB 709,§ 3, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 22 - ORTHOTICS AND PROSTHETICS (§§ 73-22-1 — 73-22-3) › Section 73-22-1 - Definitions

As used in this chapter:
(a)
"Appropriately trained" means the satisfactory completion of a course of study that covers fitting and patient management of therapeutic diabetic shoes and inserts that is approved by the National Commission for Orthotic and Prosthetic Education (N.C.O.P.E.), or a course of study offered by a manufacturer.
(b)
"Orthotic device" means a brace or support, but does not include fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches, cervical collars, dental appliances or other similar devices carried in stock and sold by drug stores, department stores, corset shops or surgical supply facilities.
(c)
"Orthotics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing orthotic devices for the support, correction or alleviation of musculoskeletal diseases, injuries, disabilities or deformities as permitted by prescriptions from a licensed doctor of medicine.
(d)
"Orthotist" means a person who is certified by the American Board for Certification in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification as a certified orthotist.
(e)
"Person" means any individual, corporation, partnership, association or other organization.
(f)
"Prosthetic device" means any artificial device that is not surgically implanted and that is used to replace a missing limb, appendage or any other external human body part, including devices such as artificial limbs, hands, fingers, feet, toes, but excluding artificial eyes or appliances for the eyes, dental plates, and largely cosmetic devices such as wigs, artificial breasts, eyelashes, ears and noses or other devices which could not by their use have a significantly detrimental impact upon the musculoskeletal functions of the body.
(g)
"Prosthetics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing prosthetic devices as permitted by prescriptions from a licensed doctor of medicine.
(h)
"Prosthetist" means a person who is certified by the American Board for Certification in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification as a certified prosthetist.
Laws, 1991, ch. 401, § 1; Laws, 2011, ch. 542, § 3; Laws, 2012, ch. 340, § 2, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-1 - through 73-23-25 - [Repealed]

Repealed by Laws of 1980, ch. 543, § 18, eff. 7/25/1980.
§ 73-23-1. [Codes, 1942, § 8877-31; Laws, 1966, ch. 484, § 1] § 73-23-3. [Codes, 1942, § 8877-32; Laws, 1966, ch. 484, § 2] § 73-23-5. [Codes, 1942, § 8877-33; Laws, 1966, ch. 484, § 3] § 73-23-7. [Codes, 1942, § 8877-34; Laws, 1966, ch. 484, § 4] § 73-23-9. [Codes, 1942, § 8877-35; Laws, 1966, ch. 484, § 5] § 73-23-11. [Codes, 1942, § 8877-36; Laws, 1966, ch. 484, § 6] § 73-23-13. [Codes, 1942, § 8877-37; Laws, 1966, ch. 484, § 7; Laws, 1971, ch. 300, § 1; Laws, 1972, ch. 426, § 1] § 73-23-15. [Codes, 1942, § 8877-38; Laws, 1966, ch. 484, § 8] § 73-23-17. [Codes, 1942, §§ 8877-36, 8877-39; Laws, 1966, ch. 484, §§ 6, 9] § 73-23-19. [Codes, 1942, § 8877-40; Laws, 1966, ch. 484, § 10] § 73-23-21. [Codes, 1942, § 8877-41; Laws, 1966, ch. 484, § 11] § 73-23-23. [Codes, 1942, § 8877-42; Laws, 1966, ch. 484, § 12] § 73-23-25. [Codes, 1942, § 8877-43; Laws, 1966, ch. 484, § 13]
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-27 - [Repealed]

Repealed by Laws of 1988, ch. 331, § 18, eff. 7/1/1988.
Laws, 1979, ch. 301, § 38; Laws, 1980, ch. 543, § 20.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-31 - Short title

This chapter shall be known and may be cited as the "Mississippi Physical Therapy Practice Law."
Laws, 1980, ch. 543, § 1; reenacted, Laws, 1988, ch. 331, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-37 - Acts and services not prohibited

Nothing in this chapter shall prohibit:
(a)
Any persons licensed or registered in this state, under another law, from carrying out the therapy or practice for which they are duly licensed or registered;
(b)
Schools, YMCA's, athletic clubs and similar organizations from furnishing services to their players and members, provided that they do not represent themselves as physical therapists, as physical therapist assistants, or as providing physical therapy services;
(c)
The performance by any person of simple mechanical or machine-assisted acts in the physical care of a patient, not requiring the knowledge and skill of a physical therapist under the order or direction of a licensed doctor of medicine or dentistry or of a physical therapist assistant under the direct, on-site supervision of a licensed physical therapist.
Laws, 1980, ch 543, § 4; reenacted, Laws, 1988, ch. 331, § 4; Laws, 1989, ch. 528, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-39 - Persons permitted to practice without license; terms

The following persons shall be permitted to practice physical therapy in this state without obtaining a license under this chapter, upon the terms and conditions specified herein:
(a)
Students enrolled in accredited physical therapist or physical therapist assistant educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under the direct, on-site supervision of a licensed physical therapist;
(b)
Physical therapists licensed in other jurisdictions while enrolled in graduate educational programs in this state that include the evaluation and treatment of patients as part of their experience required for credit, so long as the student is not at the same time gainfully employed in this state as a physical therapist;
(c)
Practitioners of physical therapy or persons acting as physical therapist assistants who are employed in the United States armed services, United States Public Health Service, Veterans Administration or other federal agency; however, if such individual engages in the practice of physical therapy or acts as a physical therapist assistant outside of the scope of official duty, he must be licensed as herein provided;
(d)
Physical therapists licensed in other jurisdictions who are teaching or participating in physical therapy education projects, demonstrations or courses in this state, or providing physical therapy services to visiting established athletic organizations, performing arts companies or volunteering to provide services to competitors in events such as the Olympics or dance competitions in which their participation in the evaluation and treatment of patients is minimal.
(e)
Physical therapist assistants licensed in other jurisdictions who are teaching or participating in physical therapy education projects, demonstrations or courses in this state, or providing physical therapy services to visiting established athletic organizations, performing arts companies or volunteering to provide services to competitors in events such as the Olympics or dance competitions in which their participation in the treatment of patients is minimal.
(f)
Licensees who exercise the privilege to practice under the terms and provisions of the Physical Therapy Licensure Compact provided for in Section
73-23-101
.
Laws, 1980, ch. 543, § 5; reenacted, Laws, 1988, ch. 331, § 5; Laws, 1989, ch. 528, § 4; Laws, 2008, ch. 448, § 3, eff. 7/1/2008.
Amended by Laws, 2017, ch. 326, HB 309, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-45 - Fees and monies received by board paid into Physical Therapy Fund; expenditures and disbursements from fund; audit of financial records

All fees and other monies collected or received by the board shall be paid into and credited to a special fund that is created in the State Treasury, which shall be known as the "Physical Therapy Fund." Any interest earned on the special fund shall be credited to the special fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. Monies in the special fund shall be expended, upon appropriation by the Legislature, exclusively for the purposes of implementing the provisions of this chapter. Disbursement of monies in the special fund shall be made only upon warrants issued by the State Fiscal Officer upon requisitions of the board or its designee. The financial records of the board shall be audited annually by the State Auditor.
Laws, 1980, ch 543, § 8; reenacted, Laws, 1988, ch. 331, § 8; Laws, 1990, ch. 501, § 6; Laws, 2002, ch. 449, § 5; Laws, 2008, ch. 448, § 6, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-47 - Licensing requirements; licensing examination for physical therapists and physical therapist assistants

(1)
Any person who desires to be licensed under this chapter must:
(a)
be of good moral character;
(b)
have graduated from a physical therapy or physical therapist assistant program, as the case may be, accredited by an agency recognized by the United States Department of Education, Office on Postsecondary Education; and
(c)
pay a nonrefundable examination fee as set by the board;
(d)
pay an application fee, no part of which shall be refunded;
(e)
be examined for licensure by the board; and meet the requirements established by the rules of the board. The licensure examination for physical therapists and for physical therapist assistants shall be selected by the board and may also include an oral examination or practical examination or both at the discretion of the board.
(2)
Any person who desires to exercise the privilege to practice under the Physical Therapy Licensure Compact must complete the terms and provisions of the compact as prescribed in Section
73-23-101
.
(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
.
Laws, 1980, ch. 543, § 9; reenacted, Laws, 1988, ch. 331, § 9; Laws, 1989, ch. 528, § 6; Laws, 1990, ch. 501, § 7; Laws, 1992, ch. 376, § 1; Laws, 1997, ch. 588, § 50; Laws, 2002, ch. 449, § 6; Laws, 2008, ch. 448, § 7, eff. 7/1/2008.
Amended by Laws, 2017, ch. 326, HB 309, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-49 - Application for license; fee schedule; additional fee if national testing service used

(1)
Any person who desires to be licensed as a physical therapist or as a physical therapist assistant shall apply to the board in writing on a form furnished by the board. He shall provide such documents as required by the application forms provided by the board. He shall pay the board at the time of filing an application fee fixed annually by the board, no part of which shall be refunded. In addition thereto, the board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to:
(a)
Application fee;
(b)
Initial license fee;
(c)
Renewal of licensure fee;
(d)
Registration fee;
(e)
Examination fee;
(f)
License issued after expiration date fee;
(g)
Late renewal fees;
(h)
Temporary license fee;
(i)
Renewal of temporary license fee;
(j)
Reinstatement fees;
(k)
Inactive license fees;
(l)
Restricted license fee;
(m)
Lapsed license fees;
(n)
Late renewal fees; and
(o)
Late penalty fees.
(2)
All license, renewal, and other fees currently set by the board by rules and regulations and in effect before July 1, 2008, shall remain in effect until such time as the board, by its rule-making authority, acts to implement new fee schedules pursuant to the provisions of this section. When increased by the board fees may not be increased by more than ten percent (10%) of the previous year's fee.
(3)
Notwithstanding subsections (1) and (2) of this section, in all instances where the board uses the services of a national testing service for preparation, administration, or grading of examinations, the board may charge or require the applicant to pay the actual cost of the examination services, in addition to its other fees.
(4)
Every person to whom a license is issued pursuant to this chapter shall, as a condition precedent to its issuance, pay the application and any other fee prescribed by the board.
Laws, 1980, ch. 543, § 10; reenacted, Laws, 1988, ch. 331, § 10; Laws, 1989, ch. 528, § 7; Laws, 1990, ch. 501, § 8; Laws, 2002, ch. 449, § 7; Laws, 2008, ch. 448, § 8, eff. 7/1/2008.
Brought forward by Laws, 2017, ch. 326, HB 309, 9, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-51 - Licensing of physical therapists or physical therapist assistants trained in another state; licensing of physical therapists trained in foreign country; examination requirements

(1)
The board may license as a physical therapist or as a physical therapist assistant, and furnish a certificate of licensure without examination to, any applicant who presents evidence, satisfactory to the board, of having passed an examination before a similar lawfully authorized examining agency or board in physical therapy of another state or the District of Columbia, if the standards for registration in physical therapy or for licensure as a physical therapist assistant in such other state or district are determined by the board to be as high as those of this state. 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)
Any person who has been trained as a physical therapist in a foreign country and desires to be licensed under this chapter and who:
(a)
is of good moral character;
(b)
holds a diploma from an educational program for physical therapists approved by the board;
(c)
submits documentary evidence to the board that he has completed a course of professional instruction substantially equivalent to that obtained by an applicant for licensure;
(d)
demonstrates satisfactory proof of proficiency in the English language; and
(e)
meets other requirements established by rules of the board, may make application on a form furnished by the board for examination as a foreign-trained physical therapist. At the time of making such application, the applicant shall pay the fee prescribed by the board, no portion of which shall be returned.
Any person who desires to be licensed under this subsection shall take an examination approved by the board and shall obtain a permanent license. If this requirement is not met, the license of the foreign-trained therapist may be revoked.
Laws, 1980, ch. 543, § 11; reenacted, Laws, 1988, ch. 331, § 11; Laws, 1989, ch. 528, § 8; Laws, 1990, ch. 501, § 9; Laws, 1992, ch. 376, § 2; Laws, 2002, ch. 449, § 8; Laws, 2008, ch. 448, § 9, eff. 7/1/2008.
Amended by Laws, 2021, ch. 398, HB 1263,§ 19, eff. 7/1/2021.
Brought forward by Laws, 2017, ch. 326, HB 309, 10, eff. 7/1/2017.
Amended by Laws, 2013, ch. 350, SB 2419, 22, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-55 - [Repealed]

Repealed by Laws of 2002, ch. 449, § 15, eff. 7/1/2002.
Laws, 1980, ch. 543, § 13; reenacted, Laws, 1988, ch. 331, § 13, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-57 - Renewal of licenses

(1)
Except as provided in Section
33-1-39
, every licensed physical therapist and physical therapist assistant shall apply to the board for a renewal of licensure in a manner prescribed by the rules and regulations of the board, and pay the prescribed fee. Licenses that are not so renewed shall automatically lapse.
(2)
The manner in which lapsed licenses shall be revived, extended or reinstated shall be established by the board.
Laws, 1980, ch. 543, § 14; reenacted, Laws, 1988, ch. 331, § 14; Laws, 1989, ch. 528, § 10; Laws, 1990, ch. 501, § 10; Laws, 1997, ch. 475, § 4; Laws, 2002, ch. 449, § 10; Laws, 2007, ch. 309, § 18; Laws, 2008, ch. 448, § 11, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-61 - Penalties

(1)
Each violation of Section
73-23-35
shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not less than ten (10) days nor more than sixty (60) days, or both such fine and imprisonment.
(2)
Any person who shall knowingly make a material, false statement in his application for license under this chapter or in response to any inquiry by the board, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for not less than ten (10) days nor more than sixty (60) days, or both such fine and imprisonment.
Laws, 1980, ch. 543, § 16; reenacted, Laws, 1988, ch. 331, § 16; Laws, 1990, ch. 501, § 12; Laws, 2002, ch. 449, § 11, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-65 - Physical Therapy Advisory Council Board abolished; transfer of powers to Department of Health

The Physical Therapy Advisory Council is abolished. All of the powers and duties of the State Board of Health and the State Department of Health regarding the licensure and regulation of the profession of physical therapy in the State of Mississippi are transferred to the State Board of Physical Therapy. Any property, contractual rights and obligations and unexpended funds of the State Board of Health and the State Department of Health relating to the licensure and regulation of the profession of physical therapy in the State of Mississippi are transferred to the State Board of Physical Therapy.
Laws, 1990, ch. 501, § 1; Laws, 2002, ch. 449, § 14, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-67 - Confidentiality of information relating to the receipt and investigation of complaints; certain patient records not to be available to the public

The board shall keep all information relating to the receipt and investigation of complaints filed against licensees or applicants confidential until the information is disclosed in the course of the investigation or any subsequent proceeding before the board. Patient records, including clinical records, files, any other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or his or her family might be identified, or information received and records or reports kept by the board as a result of an investigation made pursuant to this chapter shall not be available to the public and shall be kept confidential by the board.
Laws, 2008, ch. 448, § 15, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 24 - Occupational Therapy Practice (§§ 73-24-1 — 73-24-51) › Article 1 - MISSISSIPPI OCCUPATIONAL THERAPY PRACTICE ACT (§§ 73-24-1 — 73-24-29) › Section 73-24-1 - Title

This article shall be known as the "Mississippi Occupational Therapy Practice Act."
Laws, 1988, ch. 451, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 24 - Occupational Therapy Practice (§§ 73-24-1 — 73-24-51) › Article 1 - MISSISSIPPI OCCUPATIONAL THERAPY PRACTICE ACT (§§ 73-24-1 — 73-24-29) › Section 73-24-5 - State Board of Health to discharge provisions of article

The State Board of Health established and empowered by Section
41-3-1
et seq., Mississippi Code of 1972, shall discharge the provisions of this article in the examination, licensing and regulation of persons who provide services of occupational therapy.
Laws, 1988, ch. 451, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 24 - Occupational Therapy Practice (§§ 73-24-1 — 73-24-51) › Article 1 - MISSISSIPPI OCCUPATIONAL THERAPY PRACTICE ACT (§§ 73-24-1 — 73-24-29) › Section 73-24-7 - License required to use title of occupational therapist or similar titles; making of material false statement in application; penalties

(1)
It is unlawful for any person who is not licensed or does not hold a compact privilege under this chapter as an occupational therapist or as an occupational therapy assistant, or whose license or compact privilege has been suspended or revoked, to:
(a)
In any manner represent himself or herself as someone who provides occupational therapy services, or use in connection with his or her name or place of business the words "occupational therapist," "licensed occupational therapy assistant" or the letters "O.T.," "L.O.T.," "O.T.L.," "O.T.A." or "O.T.A.L." or any other words, letters, abbreviations or insignia indicating or implying that he or she is an occupational therapist or an occupational therapy assistant or that he or she provides occupational therapy services; or
(b)
To show in any way, orally, in writing, in print or by sign, directly or by implication, or to represent himself or herself as an occupational therapist or an occupational therapy assistant or someone who provides occupational therapy services.
(2)
Any person who violates any provision of this section, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00) for each violation.
(3)
Any person who knowingly shall make a material false statement in his or her application for a license or compact privilege under this chapter or in response to any inquiry by the department or the board shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for not less than ten (10) days nor more than sixty (60) days, or both such fine and imprisonment.
Laws, 1988, ch. 451, § 4; Laws, 2001, ch. 424, § 2, eff. 7/1/2001.
Amended by Laws, 2023, ch. 424, HB 259,§ 6, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 24 - Occupational Therapy Practice (§§ 73-24-1 — 73-24-51) › Article 1 - MISSISSIPPI OCCUPATIONAL THERAPY PRACTICE ACT (§§ 73-24-1 — 73-24-29) › Section 73-24-9 - Application of article; exceptions

Nothing in this article shall be construed as preventing or restricting the practice, services or activities of:
(a)
Any person, licensed in this state by any other law, from engaging in the profession or occupation for which he or she is licensed;
(b)
Any person who is employed as an occupational therapist or occupational therapy assistant by the United States Armed Services, the United States Public Health Service, the Veteran's Administration or other federal agencies, if such person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;
(c)
Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited, recognized or approved educational program, or advanced training in a specialty area, if such activities and services constitute a part of the supervised course of study, and if such person is designated by a title which clearly indicates his or her status as a trainee or student;
(d)
Any person fulfilling the supervised fieldwork experience requirements of Section
73-24-19
, if such activities and services constitute a part of the experience necessary to meet the requirements of that section;
(e)
Any person employed as an occupational therapy aide or who works under the supervision of a licensed occupational therapist or occupational therapist who holds a compact privilege;
(f)
Any person performing occupational therapy services in the state, if these services are performed for no more than thirty (30) days in a calendar year under the supervision of an occupational therapist who is licensed or holds a compact privilege under this chapter, if:
(i)
The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this article, or
(ii)
The person is certified as an Occupational Therapist Registered (OTR) or a Certified Occupational Therapy Assistant (COTA), established by the National Board for Certification in Occupational Therapy, Inc. (NBCOT), or its successor organization; or
(g)
Any person certified by the American Board of Certification in Orthotics and Prosthetics as a Certified Orthotist, C.O., Certified Prosthetist, C.P., Certified Prosthetist/Orthotist, C.P.O., or anyone working under their direct supervision.
Laws, 1988, ch. 451, § 5; Laws, 1997, ch. 517, § 1; Laws, 2001, ch. 424, § 3, eff. 7/1/2001.
Amended by Laws, 2023, ch. 424, HB 259,§ 7, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 24 - Occupational Therapy Practice (§§ 73-24-1 — 73-24-51) › Article 1 - MISSISSIPPI OCCUPATIONAL THERAPY PRACTICE ACT (§§ 73-24-1 — 73-24-29) › Section 73-24-11 - Advisory Council in Occupational Therapy

(1)
There is hereby established the Mississippi Advisory Council in Occupational Therapy under the jurisdiction of the State Board of Health.
(2)
The council shall consist of five (5) members appointed by the board, four (4) of whom shall be appointed from a list of names submitted by the Mississippi Occupational Therapy Association, all of whom shall be residents of this state. The persons appointed from the list submitted by the association shall have been engaged in rendering occupational therapy services to the public, teaching or research in occupational therapy at least four (4) years immediately preceding their appointment. At least three (3) members shall be occupational therapists and one (1) member shall be either an occupational therapist or an occupational therapy assistant. These members shall at all times be holders of valid licenses for the practice of occupational therapy in this state, except for the members of the first council, who shall fulfill licensure requirements of this article. The remaining member shall be a member of another health profession or member of the public with an interest in the rights of the consumers of health services.
(3)
Appointments made thereafter shall be for terms of three (3) years, with no person being eligible to serve more than two (2) full consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members, who shall serve through the last calendar day of the year in which they are appointed before commencing the term prescribed by this section.
(4)
In the event of a vacancy in one (1) of the positions the association may recommend, as soon as practical, at least two (2) and not more than three (3) persons to fill that vacancy. The board shall appoint, as soon as practical, one (1) of these persons who shall fill the unexpired term. If the association does not provide a recommendation, the board shall appoint a person to the unexpired term.
(5)
The council shall meet during the first month of each calendar year to select a chairperson and for other appropriate reasons. Further meetings may be convened at the call of the chairperson, or the written request of any two (2) members of the council. Three (3) members of the council shall constitute a quorum for all purposes. All meetings of the council shall be open to the public, except that the council may hold executive sessions under the Mississippi Open Meetings Law, Section
25-41-1
et seq., Mississippi Code of 1972.
Laws, 1988, ch. 451, § 6; Laws, 2001, ch. 424, § 4, eff. 7/1/2001.