reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-3 - Purpose

In order to safeguard the public health, safety and welfare; to insure the highest degree of professional conduct on the part of respiratory care practitioners; and to insure the availability of high quality respiratory care services, it is the purpose of this chapter to provide for the regulation of persons offering respiratory care services to the public.
Laws, 1991, ch. 500, § 2; reenacted without change, Laws, 2012, ch. 386, § 2, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-7 - Establishment and composition of Respiratory Advisory Council; appointment, terms and removal of members

(1)
There is established the Respiratory Care Advisory Council under the jurisdiction of the State Board of Health. The purpose of the council is to advise the State Board of Health on matters relative to the administration and interpretation of the provisions of this chapter. The council shall consist of nine (9) members, all citizens of the United States and residents of this state. There shall be one (1) public member, three (3) physician members consisting of a member of the American College of Chest Physicians, a member of the American Society of Anesthesiologists, and a member of the American Thoracic Society, and five (5) members engaged in the practice of respiratory care for a period of not less than five (5) years preceding their appointment to the council and who are members of the American Association for Respiratory Care and/or its state affiliate. At least one (1) member of the council who is engaged in the practice of respiratory care shall also be a licensed registered nurse.
(2)
The State Board of Health shall appoint the members of the council for terms of four (4) years, with no member being appointed for more than three (3) consecutive terms and with the respiratory care practitioner members being licensed under the provisions of this chapter. Vacancies in the council shall be filled by appointment by the State Board of Health in like manner for the balance of the unexpired term and each member shall serve until his successor is appointed by the board in like manner for the balance of an unexpired term and each member shall serve until his successor is appointed and qualified.
(3)
Upon expiration of the term of a physician member, the state societies of the American College of Chest Physicians, American Society of Anesthesiologists or American Thoracic Society may each, as appropriate, submit to the State Board of Health a list of persons qualified to serve on the council replacing the expired term of their respective member. Upon expiration of the term of any respiratory care practitioner member, the state society of the American Association for Respiratory Care may submit to the State Board of Health a list of persons qualified to serve for each position vacated. Appointments may be made from these lists by the board and additional lists may be provided by the respective organizations if requested by the board.
(4)
The State Board of Health shall remove any member from the council for neglect of any duty required by law or for incompetency or unethical or dishonorable conduct.
Laws, 1991, ch. 500, § 4; Laws, 2012, ch. 386, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-9 - Officers and meetings of council

(1)
The council shall meet at least twice each year and shall elect annually during odd numbered years, a chairman from its physician members and from its respiratory care members a vice chairman. In even numbered years, it shall elect from its respiratory care members a chairman and from its physician members a vice chairman. The council may convene at the request of the chairman or as the board may determine for such other meetings as may be deemed necessary to transact its business.
(2)
A majority (five (5)) of the members of the council, including the chairman or vice chairman, constitute a quorum at any meeting and a majority of the required quorum is sufficient for the council to take action by vote.
Laws, 1991, ch. 500, § 5; reenacted without change, Laws, 2012, ch. 386, § 5, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-11 - Duties of Board

The board, with the advice of the council, shall:
(a)
Examine, license and renew the license of duly qualified applicants.
(b)
Maintain an up-to-date list of every living person licensed to practice respiratory care under this chapter. The list shall show the licensee's last-known place of employment, last-known place of residence, and the date and number of his license/certificate.
(c)
Cause the prosecution of all persons violating this chapter and incur necessary expenses therefor.
(d)
Keep a record of all proceedings of the board and such record shall be made available to the public for inspection during reasonable business hours.
(e)
Conduct hearings upon charges for discipline of a licensee, or denial, revocation or suspension of a license.
(f)
Maintain an up-to-date list of persons whose license has been suspended, revoked or denied. This list shall include the name(s), social security numbers, type and cause of sanction, date and penalty incurred, and the length of penalty. This list shall be available for public inspection during reasonable business hours. This list shall be supplied to similar boards in other states upon request.
Laws, 1991, ch. 500, § 6; Laws, 2012, ch. 386, § 6, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-13 - Powers of board

The board, with the advice of the council, may:
(a)
Adopt such rules and regulations not inconsistent with the law as may be necessary to carry into effect the provisions of this chapter. Rules and regulations shall be adopted in accordance with the Administrative Procedures Law of the State of Mississippi.
(b)
Employ such personnel as necessary to perform the functions of the board.
(c)
Establish licensure requirements and procedures as deemed appropriate.
(d)
Secure the services of resource consultants as deemed necessary by the board. Resource consultants shall receive travel and other necessary expenses, consistent with state laws and policies, incurred while engaged in consultative service to the board.
(e)
Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading and/or reporting the results of licensing examinations. Such groups shall be capable of meeting the standards of the National Commission for Health Certifying Agencies, or its equivalent. The licensing examinations shall be validated and nationally recognized as testing respiratory care competencies.
Laws, 1991, ch. 500, § 7; reenacted without change, Laws, 2012, ch. 386, § 7, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-15 - Compensation of council members

(1)
A member of the council shall receive compensation at the daily rate authorized by law for similar boards within this state plus actual and necessary travel and other expenses incurred while engaged in the discharge of official duties in accordance with the standard travel regulations of the State of Mississippi.
(2)
Members of the council shall enjoy the same rights of protection from personal liability as those enjoyed by other employees of the state for actions taken while acting under the provisions of this chapter and in the course of their duties.
Laws, 1991, ch. 500, § 8; reenacted without change, Laws, 2012, ch. 386, § 8, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-17 - Criteria for licensing

(1)
An applicant for a license to practice respiratory care shall submit to the board written evidence, verified by oath, that the applicant holds a credential, conferred by the National Board of Respiratory Care, as a Certified Respiratory Technician (CRT) and/or as a Registered Respiratory Therapist (RRT), or their successor credentials, providing such credential has not been suspended or revoked, or at the time of application has not lapsed.
(2)
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section
93-11-64
, Mississippi Code of 1972.
Laws, 1991, ch. 500, § 9; Laws, 1997, ch. 588, § 66; Laws, 2012, ch. 386, § 9, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-19 - Examinations

(1)
Examinations for the licensure in respiratory care will be conducted not less than two (2) times a year and at such places as may be determined by the board.
(2)
An applicant applying for license to practice respiratory care shall pay an administrative fee to the board. A fee shall be required for each examination or reexamination. If an applicant fails to complete the requirements for licensing within two (2) years from the date of filing, the application is deemed to be abandoned.
(3)
A fee shall be required for each re-registration.
(4)
Any increase in the fees charged by the board under this section shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1991, ch. 500, § 10, eff. 7/1/1991.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 53, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 53, eff. 7/1/2016, rep. 7/1/2020.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-21 - Temporary permits

Upon payment of a fee, the board may issue a temporary permit to practice respiratory care for a period of six (6) months to an applicant for licensing who is a student in an approved respiratory care education program who expects to graduate within the next thirty (30) calendar days and who is eligible to sit for the CRT, RRT, or their successor examination. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1991, ch. 500, § 11; Laws, 2012, ch. 386, § 10, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 54, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 54, eff. 7/1/2016, rep. 7/1/2020.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-23 - Grandfather clause

The board shall issue a license to perform respiratory care to an applicant, who, as of July 1, 1991, has passed the NBRC administered entry level or advanced practitioner examination, or their equivalent, or is a graduate of an educational program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation (CAHEA) in collaboration with the Joint Review Committee for Respiratory Therapy Education (JRCRTE) or their successor organizations. Other applicants who have not passed either of these NBRC examinations, or their equivalent, after July 1, 1991, and, who through written evidence, verified by oath, demonstrate that they are presently functioning in the capacity of a respiratory care practitioner as defined by this chapter, and have done so for a period of at least twelve (12) months prior to July 1, 1991, shall be given a license to practice respiratory care.
Laws, 1991, ch. 500, § 12, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-25 - Professional identification

A person holding a license to practice respiratory care in this state may use the title "licensed respiratory care practitioner" and the abbreviation "L.R.C.P.", "RCP" or "RCP-L".
Laws, 1991, ch. 500, § 13; Laws, 2012, ch. 386, § 11, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-27 - Renewal of licenses

(1)
A license shall be renewed biennially beginning with the first renewal term after the issuance of the license, except as herein provided. The board shall provide notice of renewal at least thirty (30) calendar days prior to expiration for renewal of license to every person to whom a license was issued or renewed during the preceding renewal period. The notice of renewal shall indicate the renewal process and required fees required to be completed before the date of expiration.
(2)
Upon receipt of the notice of renewal and the renewal fee, the board shall verify its contents and shall issue the licensee a license for the current renewal period, which shall be valid for the period stated thereon. The board, with the advice of the council, shall establish continuing education requirements for biennial renewal of the license, which shall include proof of completion of at least fifteen (15) clock hours approved by the board for continuing education credit. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section
41-3-65
.
(3)
A licensee who allows his license to lapse by failing to renew it may be reinstated by the board upon payment of the renewal fee and the reinstatement fee, provided that such request for reinstatement is made within two (2) years of the end of the renewal period. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section
41-3-65
.
(4)
A respiratory care practitioner who does not engage in the practice of respiratory care during the succeeding renewal period is not required to pay the renewal fee as long as he remains inactive. If he desires to resume the practice of respiratory care, he shall notify the board of his intent and shall satisfy the current requirements of the board in addition to remitting the renewal fee for the current renewal period and the reinstatement fee.
(5)
The board is authorized to establish fees for replacement and duplicate licenses, and any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1991, ch. 500, § 14; Laws, 2007, ch. 309, § 36; Laws, 2012, ch. 386, § 12, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 55, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 55, eff. 7/1/2016, rep. 7/1/2020.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-29 - Fees and disposition of revenue

All fees established by the board under this chapter shall be set in such an amount as is necessary to reimburse the state for the cost of services rendered, not to exceed a biennial sum of Two Hundred Fifty Dollars ($250.00) to be paid by any individual. Any increase in the fees charged by the board under this chapter shall be in accordance with the provisions of Section
41-3-65
. Fees received by the board and monies collected under this chapter shall be deposited in the State Treasury to the credit of the Respiratory Care Fund. Expenses incurred in the performance of this chapter shall be paid in accordance with the accounting laws of the state.
Laws, 1991, ch. 500, § 15; reenacted without change, Laws, 2012, ch. 386, § 13, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 56, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 56, eff. 7/1/2016, rep. 7/1/2020.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-31 - Grounds for revocation, suspension or refusal to renew license or permit, or disciplinary action

(1)
The board may revoke, suspend or refuse to renew any license or permit, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that person:
(a)
Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care.
(b)
Is unfit or incompetent by reason of negligence, habits or other causes of incompetency.
(c)
Is habitually intemperate in the use of alcoholic beverages.
(d)
Is addicted to, or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics.
(e)
Is guilty of dishonest or unethical conduct.
(f)
Has practiced respiratory care after his license or permit has expired or has been suspended.
(g)
Has practiced respiratory care under cover of any permit or license illegally or fraudulently obtained or issued.
(h)
Has violated or aided or abetted others in violation of any provision of this chapter.
(2)
In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or permit of any licensee or permit holder for being out of compliance with an order for support, as defined in Section
93-11-153
. The procedure for suspension of a license or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or permit suspended for that purpose, shall be governed by Section
93-11-157
or
93-11-163
, as the case may be. If there is any conflict between any provision of Section
93-11-157
or
93-11-163
and any provision of this chapter, the provisions of Section
93-11-157
or
93-11-163
, as the case may be, shall control.
Laws, 1991, ch. 500, § 16; Laws, 1996, ch. 507, § 82; reenacted without change, Laws, 2012, ch. 386, § 14, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-35 - Unlicensed practice; application of Good Samaritan Act

(1)
From and after July 1, 1992, no person shall practice respiratory care or represent himself to be a respiratory care practitioner unless he is licensed under this chapter, except as otherwise provided by this chapter.
(2)
This chapter does not prohibit:
(a)
The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education and the American Medical Association Council on Allied Health Education or their successors. Students enrolled in respiratory therapy education programs shall be identified as "student-RCP" and shall only provide respiratory care under direct clinical supervision.
(b)
Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself out to be a respiratory care practitioner.
(c)
Respiratory care services rendered in the course of an emergency.
(d)
Persons in the military services or working in federal facilities shall be exempted from the provisions of this chapter when functioning in the course of their assigned duties.
(e)
The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training.
(3)
Nothing in this chapter is intended to limit, preclude or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the State of Mississippi.
(4)
An individual who, by passing an examination which includes content in one or more of the functions included in this chapter, shall not be prohibited from performing such procedures for which he was tested, so long as the testing body offering the examination is certified by the National Commission for Health Certifying Agencies or its equivalent, and so long as the individual is a licensed health care provider in the State of Mississippi.
(5)
Practitioners regulated under this chapter shall be covered under the state's "Good Samaritan Act."
Laws, 1991, ch. 500, § 18; Laws, 2012, ch. 386, § 16, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-37 - Practice of medicine prohibited

Nothing in this chapter shall be construed to permit the practice of medicine.
Laws, 1991, ch. 500, § 19; reenacted without change, Laws, 2012, ch. 386, § 17, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 57 - MISSISSIPPI RESPIRATORY CARE PRACTICE ACT (§§ 73-57-1 — 73-57-39) › Section 73-57-39 - Offenses; penalties

(1)
It is a misdemeanor for any person to:
(a)
Sell, fraudulently obtain or furnish any respiratory care permit, license, record, or aid or abet therein.
(b)
Practice respiratory care under cover of any respiratory care diploma, permit, license or record illegally or fraudulently obtained or issued.
(c)
Practice respiratory care unless duly licensed to do so under the provisions of this chapter.
(d)
Impersonate in any manner or pretend to be a respiratory care practitioner or use the title "licensed respiratory care practitioner," the letters "L.R.C.P." or any other words, letters, signs, symbols or devices to indicate the person using them is a licensed respiratory care practitioner, unless duly authorized by license or permit to perform under the provisions of this chapter.
(e)
Practice respiratory care during the time his license or permit is suspended, revoked or expired.
(f)
Fail to notify the board of the suspension, probation or revocation of any past or currently held licenses, required to practice respiratory care in this or any other jurisdiction.
(g)
Make false representations or impersonate or act as a proxy for another person or allow or aid any person to impersonate him in connection with any examination or application for licensing or request to be examined or licensed.
(h)
Otherwise violate any provisions of this chapter.
(2)
Such misdemeanor shall, upon conviction, be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both fine and imprisonment for each offense.
Laws, 1991, ch. 500, § 20; reenacted without change, Laws, 2012, ch. 386, § 18, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-1 - Definitions

For the purposes of this chapter, the following words shall have the meanings ascribed herein:
(a)
"Board" means the State Board of Contractors created in Section
31-3-3
, Mississippi Code of 1972.
(b)
"Residential builder" means any corporation, partnership or individual who constructs a building or structure for sale for use by another as a residence or who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not more than three (3) floors in height, to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00).
(c)
"Remodeler" means any corporation, partnership or individual who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00).
(d)
"Residential construction" means any undertaking described in paragraph (b) of this section performed by a residential builder.
(e)
"Residential improvement" means any undertaking described in paragraph (c) of this section performed by a remodeler.
(f)
"Active licensee" means any builder or remodeler licensed under this chapter and engaged in building and remodeling.
(g)
"Inactive licensee" means any builder or remodeler licensed under this chapter and not engaged in building or remodeling.
(h)
"Construction manager" means any person or entity, other than a residential builder, remodeler or owner, who has a contract or agreement with the owner of the property for residential construction or residential improvement, no matter if that owner himself is the general contractor or a holder of a building permit.
(i)
"Residential solar contractor" means any person or entity who installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems.
Laws, 1993, ch. 534, § 1; reenacted, Laws, 1995, ch. 431, § 1; reenacted without change, Laws, 2000, ch. 345, § 1; reenacted without change, Laws, 2005, ch. 375, § 1; reenacted without change, Laws, 2009, ch. 556, § 1; reenacted without change, Laws, 2011, ch. 433, § 1; Laws, 2012, ch. 416, § 1, eff. 7/1/2012.
Amended by Laws, 2022, ch. 502, HB 1163,§ 3, eff. 7/1/2022.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 11, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-5 - Application for examination and license; fee; examination and other factors considered in licensing; record of examination; reexamination; applicant to disclose other states in which licensed

Any corporation, partnership or individual seeking to be licensed and examined under this chapter shall file with the board a written application on such form as may be prescribed by the board. Such application shall be accompanied by the payment of the license fee. If the application sufficiently contains the information required pursuant to this chapter, the applicant shall be examined by the board at its next meeting using a uniform written examination prescribed by the board. The board shall administer an oral examination to applicants who are unable to take the written examination. In addition, the board, in examining such applicant, shall consider the following:
(a)
Experience;
(b)
Complaints; and
(c)
Other pertinent information the board may require.
If, as a result of the examination, the board finds that the applicant is qualified to engage in residential construction or residential improvement in Mississippi, the applicant shall be issued a license. Any applicant rejected by the board shall be given the opportunity to be reexamined at the next regularly scheduled examination date after a new application has been filed and the license fee has again been paid.
The board shall make and preserve a record of each examination of an applicant and the findings of the board pertaining to such examination. A certified copy of such record, omitting confidential test questions, shall be furnished to the applicant so requesting such record upon the payment of a fee to the board that reasonably reflects the cost of furnishing such record to the applicant.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section
93-11-64
, Mississippi Code of 1972.
Each application for a license under this chapter shall reveal any other states in which the applicant or any partner or business associate of the applicant is licensed and whether the applicant, partner or business associate has had a license revoked or suspended in any other state. If the applicant fails to provide this information, the board may deny or revoke the applicant's license. If the applicant has had a license revoked in another state, the board may deny the application for a license in this state.
Laws, 1993, ch. 534, § 3; reenacted, Laws, 1995, ch. 431, § 3; Laws, 1997, ch. 588, § 67; Laws, 1998, ch. 535, § 2; reenacted and amended, Laws, 2000, ch. 345, § 3; Laws, 2004, ch. 358, § 3; reenacted without change, Laws, 2005, ch. 375, § 3; reenacted without change, Laws, 2009, ch. 556, § 3; reenacted without change, Laws, 2011, ch. 433, § 3, eff. 7/1/2011.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 13, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-7 - Emergency licenses; fee

In the event of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence, the board, upon application, may issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed residential builders or remodelers. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the board or until a contract to build or remodel entered into during the period of the emergency license has been completed.
Within five (5) days of any applicant beginning work as a residential builder or remodeler under this section, the employer or person contracting with such person shall certify to the board such application without being deemed in violation of this chapter, provided that the board, after notice and hearing, may take disciplinary action or revoke the emergency license upon grounds as otherwise contained in this chapter providing for such disciplinary action or revocation of a residential builder's or remodeler's license.
The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the board and shall be due and payable at the time of the issuance of such emergency license.
Laws, 1993, ch. 534, § 4; reenacted, Laws, 1995, ch. 431, § 4; reenacted without change, Laws, 2000, ch. 345, § 4; reenacted without change, Laws, 2005, ch. 375, § 4; reenacted without change, Laws, 2009, ch. 556, § 4; reenacted without change, Laws, 2011, ch. 433, § 4, eff. 7/1/2011.
Reenacted without change by Laws, 2015, ch. 410, SB 2508, 14, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-9 - Violations in connection with licensing; penalties; builder or remodeler without license may not bring certain actions

(1)
Any person or entity required to have a license under Section
73-59-3(1)
who undertakes or attempts to undertake the business of residential construction or improvement without having a valid license as required by this chapter, or who knowingly presents to the board, or files with the board, false information for the purpose of obtaining such license, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not less than thirty (30) nor more than sixty (60) days in the county jail, or both.
(2)
Any person or entity required to have a license under Section
73-59-3(1)
who does not have the license provided by this chapter at the time construction, building or remodeling services are rendered may not bring any action, either at law or in equity, to enforce any contract for residential building or remodeling or to enforce a sales contract, but instead shall be only permitted to recover as damages actual documented expenses for labor, materials or both, incurred as a result of the construction, building or remodeling services rendered, but only for those expenses which can be shown by clear and convincing evidence.
(3)
The board shall have the authority to issue a citation and may stop work of a residential builder or remodeler performing work without having a valid license as required by this chapter.
Laws, 1993, ch. 534, § 5; reenacted, Laws, 1995, ch. 431, § 5; reenacted without change, Laws, 2000, ch. 345, § 5; reenacted without change, Laws, 2005, ch. 375, § 5; reenacted without change, Laws, 2009, ch. 556, § 5; reenacted without change, Laws, 2011, ch. 433, § 5, eff. 7/1/2011.
Amended by Laws, 2022, ch. 502, HB 1163,§ 5, eff. 7/1/2022.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 15, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-11 - Additional duties of board

The board shall have the following additional duties for the purposes of this chapter:
(a)
To conduct thorough investigations of all applicants seeking a license or licensees seeking renewal of their licenses and of all complaints filed with the board concerning the performance of a residential builder.
(b)
To obtain information concerning the responsibility of any applicant for a license or of a licensee. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed.
(c)
To maintain a list of residential builders and remodelers to whom licenses are issued, refused, revoked or suspended, which list shall be available to any interested person.
(d)
To prepare annually a complete roster that shows all the names and places of business of the residential builders and remodelers licensed by the board during the preceding year and to forward a copy of the roster to each municipality and county in the state and to file the roster with the Secretary of State.
(e)
To take disciplinary actions pursuant to the provisions of Section
73-59-13
.
(f)
To adopt rules and regulations governing disciplinary actions and the conduct of its hearings and to adopt such other rules and regulations as the board finds necessary for the proper administration of this chapter.
(g)
The board may require continuing education for any residential builder or remodeler licensed under this chapter; provided, however, that any residential builder or remodeler who has held a valid license under this chapter before July 1, 2015, shall be exempt from any continuing education requirements. No more than two (2) hours of continuing education shall be required by the board per year.
The holder of a valid license shall disclose to the owner or other person with whom the holder is contracting at the signing of a contract or the initial agreement to perform work whether the holder carries general liability insurance. The disclosure shall be written, the structure and composition of which shall be determined by the State Board of Contractors, and shall be placed immediately before the space reserved in the contract for the signature of the purchaser. The disclosure shall be boldfaced and conspicuous type which is larger than the type of the remaining text of the contract.
Laws, 1993, ch. 534, 6; reenacted, Laws, 1995, ch. 431, 6;Laws, 1998, ch. 535 3; reenacted and amended, Laws, 2000, ch. 345, 6; reenacted without change, Laws, 2005, ch. 375, 6; Laws, 2010, ch. 364, 2; reenacted without change, Laws, 2011, ch. 433, 6, eff. 7/1/2011.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 16, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-15 - Persons and matters exempt

(1)
This chapter shall not apply to:
(a)
Agricultural buildings, buildings used for agricultural purposes, buildings constructed as a community effort, or tenant houses;
(b)
Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence;
(c)
Any person who undertakes residential construction or improvement, or who acts as a general contractor in the performance of residential construction or improvement, or who acts under supervision of the owner-occupant with respect to residential construction or improvement, when the owner of such construction or improvement is related to such person by consanguinity or direct affinity, and the property or improvement will not be for sale, rent, public use or public assembly;
(d)
The owners of property who supervise, superintend, oversee, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or maintenance of any building, railroad, excavation, project, development, improvement, plant facility or any other construction undertaking on such property for use by such owner and which will not be for sale, rent, public use or public assembly;
(e)
Any contractor holding a valid license or certificate of responsibility for general construction from the board;
(f)
Any nonresident contractor holding a valid license or certificate of responsibility for building construction;
(g)
Any person who constructs two (2) single residences or less within a period of one (1) year in any county or municipality which does not require a building permit or any local certification for such construction, provided that the person is not building the residences for sale, profit or remuneration.
(2)
A person specified in subsection (1)(b) or (c) shall not make more than one (1) application for a permit to construct a single residence or shall not construct more than one (1) single residence within a period of one (1) year. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than one (1) application is made for a permit to construct a single residence or if more than one (1) single residence is constructed within a period of one (1) year.
Laws, 1993, ch. 534, § 8; reenacted and amended, Laws, 1995, ch. 431, § 8; Laws, 1998, ch. 535, § 4; reenacted and amended, Laws, 2000, ch. 345, § 8; reenacted without change, Laws, 2005, ch. 375, § 8; reenacted without change, Laws, 2009, ch. 556, § 8; reenacted without change, Laws, 2011, ch. 433, § 8; Laws, 2012, ch. 416, § 3, eff. 7/1/2012.
Amended by Laws, 2022, ch. 502, HB 1163,§ 6, eff. 7/1/2022.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 18, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-17 - Denial of permit to persons not duly licensed; reporting of violations

The building official, or other authority charged with the duty of issuing building or similar permits, of any municipality or county, shall refuse to issue a permit for any undertaking which would classify the applicant as a residential builder or remodeler under this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, shall also report to the board the name and address of any person who, in his opinion, has violated this chapter by accepting, or contracting to accomplish, work which would classify the person as a residential builder or remodeler under this chapter without a license or acknowledgement.
Laws, 1993, ch. 534, § 9; reenacted, Laws, 1995, ch. 431, § 9; reenacted without change, Laws, 2000, ch. 345, § 9; reenacted without change, Laws, 2005, ch. 375, § 9; reenacted without change, Laws, 2009, ch. 556, § 9; reenacted without change, Laws, 2011, ch. 433, § 9, eff. 7/1/2011.
Reenacted without change by Laws, 2015, ch. 410, SB 2508, 19, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-18 - Residential contractors required to possess permit issued under Section 27-65-27 in order to obtain building permit; applicability of section

All residential contractors, in order to obtain a building permit in the State of Mississippi, shall possess a permit from the Department of Revenue issued under Section
27-65-27
.
Notwithstanding the definitions of "residential builder" and "remodeler" in Section
73-59-1
, for purposes of this section, a residential contractor is a person or entity contracting or offering to contract with an owner or possessor of residential real estate to construct a residence or appurtenant structure thereon, or to repair or renovate any portion of a residence or appurtenant structure thereon, regardless of the cost of the project, and regardless of whether all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy. A residential contractor is not a person building, repairing or renovating his or her own personal residence.
This section shall not apply to a residential contractor having a permanent place of business in the State of Mississippi or licensed under Section
31-3-1
et seq.
Added by Laws, 2021, ch. 476, SB 2874,§ 1, eff. 4/22/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-19 - Licensee may work on certain commercial structures without additional license

Any residential builder licensed pursuant to the provisions of this chapter may, without being required to obtain an additional license under any other law of this state, construct, improve, repair, remodel or renovate any commercial structure, provided the prescribed contract job does not exceed seven thousand five hundred (7,500) square feet.
Laws, 1993, ch. 534, § 10; reenacted, Laws, 1995, ch. 431, § 10; reenacted without change, Laws, 2000, ch. 345, § 10; reenacted without change, Laws, 2005, ch. 375, § 10; reenacted without change, Laws, 2009, ch. 556, § 10; reenacted without change, Laws, 2011, ch. 433, § 10, eff. 7/1/2011.
Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 20, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 59 - RESIDENTIAL BUILDERS AND REMODELERS (§§ 73-59-1 — 73-59-21) › Section 73-59-21 - Standing Committee on Residential Builders and Remodelers; appointment; quorum; powers

(1)
There is hereby created the Standing Committee on Residential Builders and Remodelers which shall be subordinate to the State Board of Contractors as set forth in Section
31-3-3
. The standing committee shall be composed of the two (2) residential builders who serve as members of the State Board of Contractors and three (3) additional residential builders as defined in Section
73-59-1
to be appointed by the Governor. The terms of the ex officio members shall be concurrent with their terms as members of the State Board of Contractors. The initial terms of the three (3) additional residential builders on the Standing Committee on Residential Builders and Remodelers shall be one (1), three (3) and five (5) years, respectively, beginning July 1, 2000. Upon the expiration of the initial term of any member not serving ex officio, his or her successor shall be appointed for a term of five (5) years.
(2)
The Governor shall appoint one (1) of the two (2) ex officio members as Chairman of the Standing Committee on Residential Builders and Remodelers. The Executive Director of the State Board of Contractors as set forth in Section
31-3-11
shall serve as secretary of the standing committee. The standing committee shall meet no less than once per quarter of each year at a date and time to be set by its chairman upon at least five (5) business days notice by regular mail. The members of the standing committee shall be entitled to receive a per diem as provided in Section
31-3-9
.
(3)
Three (3) members of the Standing Committee on Residential Builders and Remodelers shall constitute a quorum and a majority vote of those present and voting at any meeting shall be necessary to transact business.
(4)
The Standing Committee on Residential Builders and Remodelers shall have the power to make recommendations to the State Board of Contractors pertaining to all duties set forth in Sections
73-59-11
and
73-59-13
. The standing committee shall have only the power to make recommendations to the State Board of Contractors and the State Board of Contractors shall have the power and authority to accept or reject any recommendation made by the standing committee. Hearings regarding residential builders and remodelers shall be exclusively under the jurisdiction of the Standing Committee on Residential Builders and Remodelers.
Laws, 2000, ch. 345, § 13, eff. 7/1/2000.
Amended by Laws, 2015, ch. 410, SB 2508, 21, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-1 - Definitions

The following words shall have the meaning ascribed in this section unless the context clearly indicates otherwise:
(a)
"Client" means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining an inspection of and written report on the conditions of a residential building.
(b)
"Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
(c)
"Home inspection report" means a written evaluation prepared and issued by a home inspector concerning the condition of the improvements to residential real property.
(d)
"Home inspector" means any person, who for compensation, conducts a home inspection.
(e)
"Residential real property" means a structure intended to be, or that is in fact, used as a residence and consisting of one (1) to four (4) family dwelling units.
(f)
" Appraisal Board" means the Mississippi Real Estate Appraisal Board as established under Section 73-34-8, Mississippi Code of 1972.
(g)
"Home Inspector Board" means the Home Inspector Regulatory Board that is created pursuant to this chapter.
Laws, 2001, ch. 539, § 1, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 2, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 1, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 1, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.