Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-5 - Definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Active market participant" means an individual who is:
(i)
Licensed by an occupational licensing board;
(ii)
Provides any service subject to the regulatory authority of an occupational licensing board; or
(iii)
Is subject to the jurisdiction of an occupational licensing board;
(b)
"Active supervision" means the Occupational Licensing Review Commission:
(i)
Shall review the substance of an occupational regulation proposed by any occupational licensing board and approve, disapprove, disapprove with suggested amendment, or allow the occupational licensing board to withdraw for revision such occupational regulation to ensure compliance with state policy; or
(ii)
May review, upon its own motion, the substance of an existing occupational regulation promulgated by an occupational licensing board and, if the commission determines the regulation does not comply with the provisions of this chapter, it may, in its discretion:
1.
declare that the noncomplying regulation will become invalid sixty (60) days after the date of review, at which time the regulation will cease to have any force of law; or
2.
allow the occupational licensing board opportunity to amend the noncomplying regulation to conform with state policy;
(c)
"Commission" means the Occupational Licensing Review Commission created in Section
73-47-9
;
(d)
"State policy" means the policy provided in Section
73-47-7
;
(e)
"Occupational licensing board" means any state executive branch board, commission, department or other agency that is:
(i)
Established for the primary purpose of regulating the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation;
(ii)
Authorized to issue and revoke occupational licenses; and
(iii)
Controlled by active market participants;
(f)
"Occupational regulation" means a rule, regulation, restraint, practice or policy that allows an individual to use an occupational title or work in a lawful occupation. "Occupational regulation" includes registrations, certifications and occupational licenses, and does not include a business license, facility license, building permit or zoning and land use regulation except to the extent those state laws regulate an individual's personal qualifications to perform a lawful occupation;
(g)
"Personal qualifications" means the criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history and completion of continuing education;
(h)
"Registration" means a requirement to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides. "Registration" does not include personal qualifications, but may require a bond or insurance. Upon the government's receipt of notice, the individual may use "registered" as a designated title. A nonregistered individual may not perform the occupation for compensation or use "registered" as a designated title. Registration is not transferable;
(i)
"Certifications" mean a voluntary program in which a private organization or the state grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or the state. Upon approval, the individual may use "certified" as a designated title. A noncertified individual may also perform the occupation for compensation but may not use the title "certified";
(j)
"Occupational license" means a nontransferable authorization in law for an individual to exclusively perform a lawful occupation for compensation based on meeting certain personal qualifications. In an occupation for which a license is required, it is illegal for an individual who does not possess a valid occupational license to perform the occupation for compensation; and
(k)
"Least restrictive regulation" means, from least to most restrictive:
(i)
Market competition;
(ii)
Third-party or consumer-created ratings and reviews;
(iii)
Private certification;
(iv)
Specific private civil cause of action to remedy consumer harm under a deceptive trade practice act;
(v)
Regulation of the process of providing the specific goods or services to consumers;
(vi)
Inspection;
(vii)
Bonding or insurance;
(viii)
Registration;
(ix)
Government certification; and
(x)
Occupational license.
Amended by Laws, 2020, ch. 399, HB 1104,§ 1, eff. 7/1/2020.
Added by Laws, 2017, ch. 415, HB 1425, 3, eff. 7/1/2017.