reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 67 - PROFESSIONAL MASSAGE THERAPISTS (§§ 73-67-1 — 73-67-39) › Section 73-67-37 - [Repealed Effective 7/1/2025] Grace period for licensure

The grace period for licenses to be issued shall be from March 28, 2002, until July 1, 2002. Those meeting the minimum requirements as stated in this chapter, except for obtaining a license, may continue the practice of massage therapy or instruction thereof within the grace period. Massage curriculums that begin before July 1, 2001, may continue with the same curriculum until completion. Anyone not meeting the minimum requirements as stated in this chapter shall not advertise massage therapy or instruction thereof until they meet the minimum requirements of this chapter.
Laws, 2001, ch. 549, § 19; Laws, 2002, ch. 482, § 2; reenacted without change, Laws, 2004, ch. 476, § 19; reenacted and amended, Laws, 2008, ch. 451, § 19, eff. 7/1/2008.
Reenacted without change by Laws, 2018, ch. 339, HB 905,§ 19, eff. 7/1/2018.
Reenacted without change by Laws, 2013, ch. 477, SB 2737, 19, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 67 - PROFESSIONAL MASSAGE THERAPISTS (§§ 73-67-1 — 73-67-39) › Section 73-67-39 - Repeal of Sections 73-67-1 through 73-67-37

Sections
73-67-1
through
73-67-37
shall stand repealed on July 1, 2025.
Laws, 2001, ch. 549, § 20; Laws, 2004, ch. 476, § 20; Laws, 2008, ch. 451, § 20, eff. 7/1/2008.
Amended by Laws, 2021, ch. 409, SB 2751,§ 6, eff. 7/1/2021.
Amended by Laws, 2018, ch. 339, HB 905,§ 20, eff. 7/1/2018.
Amended by Laws, 2013, ch. 477, SB 2737, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Electronic Protection Licensing Act."
Laws, 2006, ch. 528, § 1, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-3 - Purpose

The purpose of this chapter is to assure the general public of the competence of individuals and companies which offer electronic protective systems, or services relating to such alarms or systems to the general public by establishing statewide uniform procedures and qualifications for the licensure of such individuals and companies.
Laws, 2006, ch. 528, § 2, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-9 - Issuance of Class A license; display; employment of Class B license holder; duty of designated agent to provide certain notice to State Fire Marshal; inspection; retention period for client records

(1)
Any entity desiring to engage in alarm contracting shall hold a Class A Alarm Contracting Business license issued by the State Fire Marshal.
(2)
If the State Fire Marshal finds that a company has met the requirements of licensing, he shall issue a Class A license to engage in alarm contracting to that company upon payment of the license fee authorized by this chapter. Such license shall include the name of the designated agent of the alarm contracting company as applicable.
(3)
Each alarm contracting company shall be physically located within the boundaries of the state and shall clearly display its license in a conspicuous location at its place of business.
(4)
Each alarm contracting company shall employ a Class B license holder.
(5)
The designated agent of an alarm contracting company shall notify the State Fire Marshal within ten (10) days of the following:
(a)
Any change in the business address of the company.
(i)
Any change in ownership of or interest in the company.
(ii)
Any owner, partner or other principal with an interest in the company, which has been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge or received a first-time offender pardon.
(b)
Any change in the employment of a person holding an individual license.
(c)
A change of the company providing monitoring services.
(6)
In the event of the death of its designated agent or his separation from the company for any other reason, an alarm contracting company shall name another qualified owner or manager as its designated agent within ninety (90) days and shall notify the State Fire Marshal of such designation within ten (10) days.
(7)
Each alarm contracting company doing business in the state shall be open for inspection by the State Fire Marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this chapter. No person acting on behalf of an alarm contracting company shall refuse to admit the State Fire Marshal or his designated representative to an operating location.
(8)
Client records must be maintained for inspection by the State Fire Marshal for a three-year period.
Laws, 2006, ch. 528, § 5, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-13 - Class B, C, D, and H license holders authorized to perform certain work

The State Fire Marshal is authorized to issue individual licenses to qualified applicants that entitles the license holder to perform the following:
(a)
Class B license: Alarm System Technician. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company.
(b)
Class C license: Alarm System Installer. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company.
(c)
Class D license: Alarm System Salesperson. Such license shall authorize its holder to design, plan, specify, lay out or sell an electronic protective system while in the employ of an alarm contracting company.
(d)
Class H license: Alarm System Helper. Such license shall authorize its holder to pre-wire, or assist a Class B or Class C license holder install or service an electronic protective system while under the direct supervision of a licensed Class B or Class C holder in the employ of an alarm contracting company.
Laws, 2006, ch. 528, § 7, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-17 - Duration and renewal of licenses

(1)
(a)
Each license issued pursuant to this chapter shall be valid for a period of one (1) year from its date of issuance and shall be renewed annually, on or before the anniversary date, by forwarding to the State Fire Marshal a renewal application accompanied by the payment of the renewal fee authorized by this chapter.
(b)
Each licensee renewing a Class B, Class C or Class D license shall additionally submit required documentation of having satisfactorily completed continuing education requirements as established by the State Fire Marshal.
(2)
Any license not renewed on or before its anniversary date shall expire and may be reinstated only upon payment of the reinstatement fee authorized by this chapter.
Laws, 2006, ch. 528, § 9, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-19 - Fees; Electronic Protection Licensing Fund created

(1)
The State Fire Marshal is authorized to assess and collect fees pursuant to this chapter, the amount of which shall not exceed the following:
(a)
Application fee and provisional or original company
Class A license .................... $ 450.00.
(b)
Application fee and provisional or original individual
Class B, Class C, Class D or Class H license .................... $ 150.00.
(c)
License Class change fee .................... $ 50.00.
(d)
Annual renewal for Class B, Class C, Class D or Class H license fee .................... $ 50.00.
(e)
Annual renewal for a Class A license fee .................... $200.00.
(f)
Fee for a duplicate or replacement license .................... $ 20.00.
(2)
The fees established in this section shall not be refundable except under such conditions as the State Fire Marshal may establish.
(3)
All monies received by the State Fire Marshal pursuant to this chapter, including, but not limited to, fees and fines, shall be deposited immediately upon receipt by the State Fire Marshal into a special fund which is hereby created in the State Treasury and designated as the Electronic Protection Licensing Fund.
(4)
The monies in the Electronic Protection Licensing Fund shall be used solely for implementation, administration and enforcement of this chapter by the State Fire Marshal. Any surplus monies and interest remaining to the credit of the fund at the end of the fiscal year shall remain to the credit of the fund, and no part thereof shall revert to the State General Fund.
Laws, 2006, ch. 528, § 10, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 9, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-21 - Electronic Protection Licensing Advisory Board created; composition; appointment of members; terms; vacancies; meetings; quorum; reimbursement for expenses; civil liability of members

(1)
The Electronic Protection Licensing Advisory Board is hereby created within the Department of Insurance. The board shall be composed of seven (7) members, as follows:
(a)
Three (3) members shall be appointed by the Governor, one (1) member from each State Supreme Court District. Each member shall possess a valid Class A or Class B license and may be appointed from a list submitted by the Mississippi Alarm Association. Each of these appointments initially will have staggered terms. One (1) appointment will serve for two (2) years, one (1) appointment will serve for three (3) years, and the last appointment will serve for four (4) years. After the initial appointment terms, each appointee will serve for four (4) years.
(b)
One (1) member shall be appointed by the State Fire Marshal from a list of nominees submitted to the State Fire Marshal by the Mississippi Alarm Association as a representative from the Alarm Manufacturing Industry. This appointment will serve for four (4) years.
(c)
Two (2) members shall be appointed by the Governor at his discretion, one (1) of which shall be a law enforcement officer and one (1) shall be from the private sector. Each of these appointments will serve for four (4) years, concurrent with the term of the Governor.
(d)
One (1) member shall be an employee of the Office of the State Fire Marshal designated by the State Fire Marshal. Such member shall serve as the chairman of the advisory board.
(2)
(a)
Each appointed member shall serve a term of four (4) years.
(b)
The member designated by the State Fire Marshal shall serve a term concurrent with the term of the State Fire Marshal making such designation.
(c)
No member shall serve more than two (2) consecutive terms except the member designated by the State Fire Marshal.
(d)
A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term.
(3)
The board shall meet at every quarter, or upon the call of the chairman or upon the written request of any three (3) members of the board. Notice of any such meeting shall be given to board members and the public at least fourteen (14) days in advance.
(4)
Four (4) members of the board shall constitute a quorum for the transaction of business. The board may take action by majority vote of its members present and voting.
(5)
Each appointed member of the board shall be reimbursed for travel and related expenses incurred, not to exceed those expenses authorized for reimbursement by the Department of Insurance, for each day that the member engages in board business.
(6)
No member of the board shall be liable to civil action for any act performed in good faith in the execution of his duties as a board member.
Laws, 2006, ch. 528, § 11, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-23 - Offenses

(1)
Class I offenses shall be as follows:
(a)
Failure of an alarm contracting company to timely notify the State Fire Marshal of certain changes in the status of the licensee as required by this licensing law.
(b)
Failure of an alarm contracting company as applicable, to do either of the following:
(i)
Clearly display the company's license at its place of business as required.
(ii)
Replace a required Class B, license holder or its designated agent and to timely notify the State Fire Marshal as required by this licensing law.
(c)
Failure of an individual license holder to maintain his license on his person and to present it for inspection as required by this licensing law.
(d)
Assisting an unlicensed person or company to engage in alarm contracting or as prohibited.
(e)
Refuse to admit the State Fire Marshal or his designated representative to an operating location or refuse to cooperate in the purposes of such admittance as required.
(2)
Class II offenses shall be as follows:
(a)
Commission of a second Class I offense.
(b)
A Class I offense committed during a probation of one's licensure for a Class I offense.
(3)
A Class III offense shall be as follows:
(a)
The signature of or submission by an applicant or licensee of any document to the State Fire Marshal when the applicant or licensee knew that document contained false or intentionally misleading information.
(b)
Engaging in alarm contracting without a license as prohibited.
(c)
Engaging in alarm contracting during suspension of one's license.
(d)
The repeated willful commission of Class I or Class II offenses.
(e)
Failure by an alarm contracting company to maintain a general liability and errors and omissions insurance policy as required, or to maintain a workers' compensation insurance policy as required by state law.
(f)
Engaging in false, misleading or deceptive acts or practices.
Laws, 2006, ch. 528, § 12, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 10, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-27 - Construction and effect of chapter

(1)
Except for requirements which pertain to all types of businesses generally, no county or municipality shall enact any new ordinance, rule or regulation regulating companies and persons subject to licensure pursuant to this chapter.
(2)
This chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, and such ordinances, rules and regulations shall be null, void and of no effect.
(3)
Additionally, this chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, battery-charged security fence contracting, closed-circuit video system contracting or electronic access control system contracting and such ordinances, rules and regulations shall be null, void and of no effect.
(4)
Notwithstanding any other law to the contrary, a municipality or county may not adopt or enforce an ordinance, order or regulation that:
(a)
Requires a permit or fee for the installation or use of a battery-charged security fence that is in addition to an alarm system permit issued by the municipality or county; no further permit or fee shall be required for the battery-charged security fence;
(b)
Imposes installation or operational requirements for the battery-charged security fence that are inconsistent with the requirements and standards described in Section
73-69-5(y)
; or
(c)
Prohibits the installation or use of a battery-charged security fence.
Laws, 2006, ch. 528, § 14, eff. 7/1/2006.
Amended by Laws, 2022, ch. 313, HB 823,§ 2, eff. 7/1/2022.
Amended by Laws, 2014, ch. 525, SB 2697, 12, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-29 - Injunction for violation of chapter

(1)
In addition to the penalties otherwise provided for by this chapter, the State Fire Marshal may cause to issue in any court of competent jurisdiction an injunction without bond enjoining any person from violating or continuing to violate the provisions of this chapter.
(2)
In the suit for an injunction, the State Fire Marshal may demand of the defendant a penalty of Fifty Dollars ($50.00) per day for each violation, reasonable attorney fees and court costs. Judgment for penalty, attorney fees and court costs may be rendered in the same judgment in which the injunction is made absolute.
Laws, 2006, ch. 528, § 15, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-31 - Alarm contracting company to return electronic protective system codes to factory default setting under specified circumstances; revocation of license; civil fines

(1)
Each alarm contracting company engaged in alarm contracting who sells an electronic protective system to a consumer shall immediately return the lockout, installer or programming code of the electronic protective system to the factory default setting when the consumer cancels the contract with the alarm contracting company and contracts with another alarm contracting company provided all contractual obligations are fulfilled.
(2)
In addition to the penalties provided in this chapter, any alarm contracting company who violates this section shall have its license revoked and be subject to a civil fine by the State Fire Marshal of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) per occurrence.
Laws, 2006, ch. 528, § 16, eff. 7/1/2006.
Amended by Laws, 2014, ch. 525, SB 2697, 13, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-33 - Appeal process

Any person aggrieved by any action or decision of the State Fire Marshal under the provisions of this chapter may appeal therefrom, within thirty (30) days after receipt of notice thereof to the Chancery Court of the First Judicial District of Hinds County by certiorari in the manner provided by law. Such appeal shall be without supersedeas except that the court may grant supersedeas as otherwise provided by law here the license is revoked. The court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.
Added by Laws, 2014, ch. 525, SB 2697, 14, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 69 - MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT (§§ 73-69-1 — 73-69-35) › Section 73-69-35 - Subpoena and examination of witnesses

For the purposes of making such investigations as he may deem necessary for the proper administration of this chapter, the State Fire Marshal shall have the inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath, provided that all testimony, documents and other evidence required to be submitted to the State Fire Marshal pursuant to this chapter shall be privileged and shall not be admissible as evidence in any other proceeding.
Added by Laws, 2014, ch. 525, SB 2697, 15, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-1 - Short title

This chapter shall be known and may be cited as the "Acupuncture Practice Act." Whenever a reference is made to the Acupuncture Practice Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter.
Laws, 2009, ch. 447, § 1, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-3 - Legislative intent; purposes

(1)
In its concern with the need to eliminate the fundamental causes of illness and with the need to treat the whole person, the Legislature intends to establish in this chapter a framework for the practice of the art and science of acupuncture.
(2)
The purposes of this chapter are to encourage the effective utilization of the skills relative to practitioners of acupuncture by citizens desiring their services; to remove the existing legal constraints that unnecessarily hinder the effective provision of health care services; and to subject individuals practicing acupuncture to regulation and control as a primary and independent health care profession.
Laws, 2009, ch. 447, § 2, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-7 - Evaluation of patient by physician required within six months before date of performing acupuncture; patient must sign form stating patient was evaluated within the prescribed time; exceptions; practitioner to provide certain information to patient

All of the following shall apply to an acupuncture practitioner who is licensed to practice in Mississippi:
(a)
Except as otherwise provided in paragraph (c), the practitioner may perform acupuncture on a patient only if the patient was evaluated by a physician, as appropriate, for the condition being treated within six (6) months before the date that acupuncture is performed. The State Board of Medical Licensure, with advice from the Mississippi Council of Advisors in Acupuncture, may by rule modify the scope of the evaluation under this paragraph or the period during which treatment must begin under this paragraph.
(b)
The practitioner must obtain a written statement signed by the patient on a form prescribed by the State Board of Medical Licensure stating that the patient has been evaluated by a physician within the prescribed time. The form must contain a clear statement that the patient should be evaluated by a physician for the condition being treated by the practitioner.
(c)
Notwithstanding the provisions of paragraph (a), a practitioner may, without an evaluation from a physician, perform acupuncture on a patient for:
(i)
Smoking addiction;
(ii)
Weight loss; or
(iii)
Substance abuse, to the extent permitted by regulations adopted by the State Board of Medical Licensure, with advice from the Mississippi Council of Advisors in Acupuncture.
(d)
Before treating a patient, the practitioner shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment and shall obtain the informed consent of the patient.
(e)
On initially meeting a patient in person, the practitioner shall provide in writing the practitioner's name, business address, and business telephone number, and information on acupuncture, including the techniques that are used.
(f)
While treating a patient, the practitioner shall not make a diagnosis. If a patient's condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.
Laws, 2009, ch. 447, § 4, eff. 7/1/2009.
Amended by Laws, 2017, ch. 391, SB 2214, 1, eff. 7/1/2017.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-9 - [Repealed]

Laws, 2009, ch. 447, § 5, eff. 7/1/2009.
Repealed by Laws, 2017, ch. 391, SB 2214, 2, eff. 7/1/2017.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-13 - State Board of Medical Licensure empowered to promulgate rules and regulations governing acupuncture; board's authority and responsibilities

(1)
The State Board of Medical Licensure is hereby empowered, authorized and directed to adopt, amend, promulgate and enforce such rules, regulations and standards governing the practice of acupuncture as may be necessary to further the accomplishment of the purpose of this chapter, and in so doing shall utilize as the basis thereof the corresponding recommendations of the advisory council.
(2)
The board's authority and responsibility include the following:
(a)
Grant, deny, renew, restrict, suspend or revoke licenses to practice acupuncture in accordance with the provisions of this chapter or other applicable state law;
(b)
Examine by established protocol the qualifications and fitness of applicants for a license to practice acupuncture in this state;
(c)
Conduct investigations of suspected violations of this chapter to determine whether there are sufficient grounds to initiate disciplinary proceedings;
(d)
Inspect premises and equipment, on a triennial basis and assess an inspection fee in the amount of One Hundred Dollars ($100.00) per inspection and an additional fee of Fifty Dollars ($50.00) for each licensed acupuncturist employed by the inspected establishment;
(e)
Hold hearings on all matters properly brought before the board, to administer oaths, receive evidence, make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions. The board may designate one or more of its members to serve as its hearing officer. The board shall adopt rules and regulations for hearings before the board and the rules shall afford any person appearing before the board the safeguards of procedural due process. Formal rules of evidence shall not apply;
(f)
Contract with independent consultants or other appropriate agencies to administer examinations for licensure, according to the provisions of this chapter, and establish a fee for such examination not to exceed Five Hundred Dollars ($500.00);
(g)
Establish and publish a schedule of fees for annual licensing, certification and renewal not to exceed Four Hundred Dollars ($400.00) annually; and
(h)
Keep and maintain accurate records of all board business in accordance with state law.
The powers enumerated in this section are granted for the purpose of enabling the board to supervise effectively the practice of acupuncture and are to be construed liberally to accomplish this objective.
Laws, 2009, ch. 447, § 7, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-15 - Prohibition against unlicensed practice of acupuncture unless exempt from licensure

Unless licensed as an acupuncture practitioner under this chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or hold himself or herself out as practicing or engaging in the practice of acupuncture, either for compensation or gratuitously.
Laws, 2009, ch. 447, § 8, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 8, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-17 - Acupuncture practitioner license authorizes practice of acupuncture; construction of chapter

(1)
An acupuncture practitioner license authorizes the holder to engage in the practice of acupuncture.
(2)
This chapter shall not be construed to limit, interfere with, or prevent any other class of licensed health care professionals from practicing within the scope of their licenses as defined by each profession's state licensing statute.
(3)
This chapter shall not be construed to make unlawful the activities of persons involved in research performed under the auspices of a federal or state regulated research institution.
(4)
The practice and techniques of acupuncture shall not include the practice of physical therapy as defined in the Mississippi Physical Therapy Practice Law, Title 73, Chapter 23 of the Mississippi Code of 1972.
Laws, 2009, ch. 447, § 9, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 9, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-21 - License without examination; requirements; reciprocity

The board may, at its discretion, issue a license without examination to an acupuncture practitioner who has been licensed, certified or otherwise formally legally recognized as an acupuncturist or acupuncture practitioner in any state or territory if all three (3) of the following conditions are met to its satisfaction:
(a)
The applicant meets the requirements of practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist or acupuncture practitioner;
(b)
The requirements for practice in the state or territory in which the applicant is licensed, certified or registered as an acupuncturist or acupuncture practitioner are at least as stringent as those of this state; and
(c)
The state or territory in which the applicant is licensed, certified or legally recognized as an acupuncturist or acupuncture practitioner permits an acupuncture practitioner licensed in this state to practice acupuncture or acupuncture in that jurisdiction by credentials examination.
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.
Laws, 2009, ch. 447, § 11, eff. 7/1/2009.
Amended by Laws, 2021, ch. 398, HB 1263,§ 42, eff. 7/1/2021.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 11, eff. 7/1/2013.
Amended by Laws, 2013, ch. 350, SB 2419, 45, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-23 - Continuing education requirements

(1)
The board shall establish, by regulation, mandatory continuing education requirements for acupuncture practitioners licensed in this state, including the following:
(a)
Each person licensed under this chapter, whether or not residing within the state, shall complete thirty (30) hours of continuing education within each biennial renewal period, except during the initial biennial renewal period; and
(b)
Each person not obtaining the required number of hours of continuing education may have his or her license renewed for just cause, as determined by the board, so long as the board requires that the deficient hours of continuing education, and all unpaid fees, are made up during the following renewal period in addition to the current continuing education requirements for the renewal period. If any acupuncture practitioner fails to make up the deficient hours and complete the later renewal period, or fails to make up any unpaid fees, then his or her license shall not be renewed until all fees are paid and all of the required hours are completed and documented to the board.
(2)
The board shall establish by regulation education standards and record keeping requirements for continuing education providers. A provider of continuing education courses shall apply to the board for approval to offer continuing education courses for credit toward this requirement on a form developed by the board, shall pay a fee covering the cost of approval and for monitoring of the provider by the board. Institutions, associations and individuals providing continuing education shall maintain records of attendance, including sign-in sheets, for a period of three (3) years.
Laws, 2009, ch. 447, § 12, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 12, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-25 - Approval of schools and colleges offering education and training in the practice of acupuncture; standards of professional education

(1)
The board shall establish standards for approval of schools and colleges offering education and training in the practice of acupuncture.
(2)
Before approval of an institute of acupuncture, the board shall determine that the institute meets standards of professional education. These standards shall provide that the institute:
(a)
Require, as a prerequisite to graduation, a program of study of at least two thousand five hundred (2,500) hours;
(b)
Meet the minimum requirements of a board approved national accrediting body;
(c)
Require participation in a carefully supervised clinical or internship program; and
(d)
Confer a certificate, diploma or degree in acupuncture only after personal attendance in classes and clinics.
Laws, 2009, ch. 447, § 13, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 13, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-27 - Effect of chapter on acupuncturist licensed, certified or registered under prior law; prohibition against performing professional responsibilities not qualified to perform; penalties for violation; liability insurance to be maintained

(1)
Any acupuncturist validly licensed, certified or registered under prior law of this state shall be deemed as licensed under the provisions of this chapter.
(2)
All acupuncturists licensed under this section shall not accept or perform professional responsibilities that the licensee knows or has reason to know that the person is not qualified by training, experience or certification to perform. Violation of this section shall subject the licensee to the revocation or suspension of his or her license. The board shall make regulations on those requirements and shall grant previously licensed, certified or registered acupuncturists qualification on a case-by-case basis.
(3)
The board shall require each licensee to obtain and maintain an adequate amount of professional liability insurance and provide proof of that insurance to the board.
Laws, 2009, ch. 447, § 14, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 14, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-29 - Licensee reporting and record keeping requirements

(1)
Persons licensed under this chapter shall be subject to the following reporting requirements:
(a)
All morbidity, mortality, infectious disease, abuse and neglect reporting requirements of this state;
(b)
Reporting completion of the required continuing education study to the board with his or her license renewal;
(c)
Notification of the board in writing of any change of address within thirty (30) days of the change;
(d)
Notification of the board in writing of termination or temporary closing of the licensee's practice if the cessation of business is expected to be over ninety (90) days, or otherwise limit access to patient records. The licensee shall notify the board upon resuming practice; and
(e)
Posting his or her license in a conspicuous location in his or her place of practice at all times.
(2)
Persons licensed under this chapter shall be subject to the following record keeping requirements:
(a)
Maintenance of accurate records of each patient that he or she treats. The records shall include the name of the patient, medical history, subjective symptoms, objective findings and treatment rendered;
(b)
Maintenance of patient records for a period of seven (7) years; and
(c)
Maintenance of documents proving completion of required continuing education study for a period of three (3) years.
Laws, 2009, ch. 447, § 15, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-31 - Compliance with applicable public health laws required; requisite practices

(1)
Acupuncture practitioners shall comply with all applicable public health laws of this state.
(2)
Sanitation practices shall include:
(a)
Hands shall be washed with soap and water or other disinfectant between treatment of different patients;
(b)
Skin in the area of penetration shall be swabbed with alcohol or other germicidal solution before inserting needles;
(c)
Needles and other equipment used in the practice of acupuncture shall be sterilized before using;
(d)
Needles and other hazardous waste shall be disposed of in a manner prescribed by law; and
(e)
Other sanitation practices shall be observed to insure health and safety of patients, as prescribed by the board.
Laws, 2009, ch. 447, § 16, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 16, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-35 - Disciplinary proceedings; penalties; order to compel mental or physical examination

(1)
Disciplinary proceedings under this chapter shall be conducted in the same manner as other disciplinary proceedings are conducted by the State Board of Medical Licensure.
(2)
When the board finds any person guilty of any of the acts set forth in Section
73-71-33
, it may then enter an order imposing one or more of the following penalties:
(a)
Refusal to certify to the board an application for licensure;
(b)
Revocation or suspension of a license;
(c)
Restriction of practice;
(d)
Imposition of an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate offense;
(e)
Issuance of a reprimand;
(f)
Placement of the acupuncture practitioner on probation for a period of time and subject to the conditions as the board may specify.
(3)
In enforcing this chapter, upon finding of the board that probable cause exists to believe that the licensee is unable to serve as an acupuncture practitioner because of committing any of the acts set forth in Section
73-71-33
or any of the crimes set forth in Section
73-71-37
, the board shall have to issue an order to compel the licensee to submit to a mental or physical examination by a physician designated by the board. If the licensee refuses to comply with the order, the board's order directing the examination may be enforced by filing a petition for enforcement in any court of competent jurisdiction. The licensee against whom the petition is filed shall not be named or identified by initials in any public court record or document, and the proceedings shall be closed to the public unless the licensee stipulates otherwise. The board shall be entitled to the summary procedure provided in applicable state law. An acupuncture practitioner affected under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of acupuncture with reasonable skill and safety of the patients. In any proceeding under this subsection, neither the record of proceedings nor the orders entered by the board shall be used against the acupuncture practitioner in any other proceeding.
(4)
The board shall not reinstate the license of an acupuncture practitioner, or cause a license to be issued to a person it has deemed to be unqualified, until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture.
Laws, 2009, ch. 447, § 18, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 18, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-37 - Prohibited acts; penalties

(1)
It is unlawful for any person to:
(a)
Hold himself or herself out as an acupuncture practitioner unless licensed as provided in this chapter;
(b)
Practice acupuncture, or attempt to practice acupuncture, without an active license or as otherwise permitted by board rule established under the authority of this chapter;
(c)
Obtain, or attempt to obtain, a license to practice acupuncture by fraud or misrepresentation; or
(d)
Permit an employed person to engage in the practice of acupuncture unless the person holds an active license as a practitioner of acupuncture, except as provided by this chapter.
(2)
Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or both.
Laws, 2009, ch. 447, § 19, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 19, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-39 - Board to establish program of care, counseling or treatment for impaired acupuncturists

(1)
The board shall establish a program of care, counseling or treatment for impaired acupuncturists.
(2)
The program of care, counseling or treatment shall include a written schedule of organized treatment, care, counseling, activities or education satisfactory to the board designed for the purposes of restoring an impaired person to a condition by which the impaired person can practice acupuncture with reasonable skill and safety of a sufficient degree to deliver competent patient care.
(3)
All persons authorized to practice by the board shall report in good faith any acupuncturist they reasonably believe to be an impaired practitioner as defined in Section
73-71-5
.
Laws, 2009, ch. 447, § 20, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-41 - Confidentiality of patient care information; waiver of privilege

(1)
No licensed acupuncturist shall disclose any information concerning the licensed acupuncturist's care of a patient except on written authorization or by waiver by the licensed acupuncturist's patient or by court order, by subpoena, or as otherwise provided in this section.
(2)
Any licensed acupuncturist releasing information under written authorization or other waiver by the patient or under court order, by subpoena, or as otherwise provided by this section shall not be liable to the patient or any other person.
(3)
The privilege provided by this section shall be waived to the extent that the licensed acupuncturist's patient places the licensed acupuncturist's care and treatment of the patient or the nature and extent of injuries to the patient at issue in any civil criminal proceeding.
Laws, 2009, ch. 447, § 21, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 21, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-43 - License renewal; fees

Each licensee shall be required to pay biennial license renewal fees and meet continuing education requirements as provided in this chapter.
Laws, 2009, ch. 447, § 22, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 22, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-45 - Renewal of expired license within four years after expiration; requirements for obtaining new license after four years after expiration

(1)
A license that has expired may be renewed at any time within ninety (90) days after its expiration upon filing of an application for renewal on a form provided by the board and payment of the renewal fee in effect on the last regular renewal date. If the license is not renewed within ninety (90) days after its expiration, the acupuncture practitioner, as a condition precedent to renewal, shall pay the renewal fees plus a late fee to be set by the board.
(2)
A person who fails to renew his or her license within four (4) years after its expiration may not renew that license, and it may not be restored, reissued or reinstated after that time; but that person may apply for and obtain a new license if he or she meets the following requirements:
(a)
Takes and passes a suitable examination, or demonstrates continued practice and continuing education acceptable to the board; and
(b)
Pays all fees that would be required if an initial application for licensure were being made.
Laws, 2009, ch. 447, § 23, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 23, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-47 - Request by licensee to have license placed on inactive status; reinstatement

At any time while a license is valid, or expired but not lapsed, the licensee may request that his or her license be placed on inactive status. While on inactive status, the licensee is not subject to fees or continuing education requirements. As a condition of reinstatement, the licensee must satisfy the following requirements:
(a)
Demonstrate that he or she has not committed any acts or crimes constituting grounds for denial of licensure under any provisions of this chapter;
(b)
Pay fees to reactivate status as designated by the board;
(c)
Meet continuing education requirements equivalent to those that would have been met in the preceding two (2) years; and
(d)
Establish to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to practice as an acupuncture practitioner.
Laws, 2009, ch. 447, § 24, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 24, eff. 7/1/2013.