reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 39 - VETERINARIANS (§§ 73-39-1 — 73-39-95) › MISSISSIPPI VETERINARY PRACTICE ACT (§§ 73-39-51 — 73-39-95) › Section 73-39-89 - Abandoned animals

(1)
Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care which is unclaimed by the client for more than ten (10) days after written notice by certified mail, return receipt requested, or United States priority mail, confirmation of receipt, is sent to the client at the client's last known address shall be deemed to be abandoned. The abandonment shall constitute the relinquishment of all rights and claims by the client to the animal. The abandoned animal may be turned over to the nearest humane society or animal shelter or otherwise disposed of or destroyed by the licensed veterinarian in a humane manner.
(2)
If a licensed veterinarian follows the procedures of this section, the veterinarian is relieved of any further liability for disposal and shall not be subject to disciplinary action under this chapter.
(3)
The disposal of an abandoned animal shall not relieve the client of any financial obligation incurred for treatment, boarding or other care provided by the licensed veterinarian.
Laws, 2005, ch. 421, § 20; reenacted without change, Laws, 2008, ch. 447, § 20, eff. 4/8/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 39 - VETERINARIANS (§§ 73-39-1 — 73-39-95) › MISSISSIPPI VETERINARY PRACTICE ACT (§§ 73-39-51 — 73-39-95) › Section 73-39-91 - Penalties

(1)
Any person who practices veterinary medicine without a valid license or temporary permit issued by the board is guilty of a misdemeanor and, upon conviction, shall be fined an amount of not more than Five Hundred Dollars ($500.00) nor less than One Hundred Dollars ($100.00) per violation if each act of such unlawful practice constitutes a distinct and separate offense.
(2)
Any person not licensed under this chapter is considered to have violated this chapter and may be subject to all the penalties provided for such violations if he:
(a)
Performs any of the functions described as the practice of veterinary medicine as defined in this chapter;
(b)
Represents, directly or indirectly, publicly or privately, an ability and willingness to perform any of the functions described as the practice of veterinary medicine as defined in this chapter; or
(c)
Uses any title, words, abbreviation or letters in a manner or under circumstances that induces the belief that the person using them is qualified to perform any of the functions described as the practice of veterinary medicine as defined in this chapter.
(3)
The board may bring an action to enjoin any person from practicing veterinary medicine without a valid license or temporary permit issued by the board. If the court finds that the person is violating or is threatening to violate this chapter, it shall enter an injunction restraining him from the unlawful acts.
(4)
Notwithstanding any other provisions of this chapter, the board may take immediate action if there is an imminent threat to the health, safety or welfare of the public. The board shall find that this action is necessary for the protection of the public and necessary to effectively enforce this chapter. If the board takes immediate action under this subsection, efforts shall be made as soon as possible to proceed in accordance with a hearing under Section
73-39-81
.
(5)
In addition to any other penalty or remedy provided by law, the board may implement a system of cite and fine procedures for licensed and nonlicensed persons who violate the state veterinary practice act. The board may also impose a civil penalty, upon conviction, for each separate violation. This civil penalty shall be in an amount not to exceed Five Hundred Dollars ($500.00) for each violation and shall be assessed by the board in accordance with the provisions set forth in Section
73-39-81
.
(6)
The success or failure of an action based on any one (1) of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.
Laws, 2005, ch. 421, § 21; reenacted without change, Laws, 2008, ch. 447, § 21, eff. 4/8/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 39 - VETERINARIANS (§§ 73-39-1 — 73-39-95) › MISSISSIPPI VETERINARY PRACTICE ACT (§§ 73-39-51 — 73-39-95) › Section 73-39-93 - Reinstatement following suspension, revocation, or limitation of license; written application

Any person whose license is suspended, revoked or limited may be reinstated at any time, with or without an examination, by approval of the board after written application is made to the board showing cause justifying relicensing or reinstatement.
Laws, 2005, ch. 421, § 22; reenacted without change, Laws, 2008, ch. 447, § 22, eff. 4/8/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 39 - VETERINARIANS (§§ 73-39-1 — 73-39-95) › MISSISSIPPI VETERINARY PRACTICE ACT (§§ 73-39-51 — 73-39-95) › Section 73-39-95 - [Repealed]

Repealed by Laws of 2008, ch. 447, § 23, eff. 4/8/2008.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 41 - ATHLETE AGENTS [Repealed] (§ 73-41-1) › Section 73-41-1 - through 73-41-23 - [Repealed]

Repealed by Laws of 2001, ch. 536, § 19, eff. 7/1/2001.
§ 73-41-1. [Laws, 1988, ch. 533, § 1, eff. 7/1/1988.] § 73-41-3. [Laws, 1988, ch. 533, § 2, eff. 7/1/1988.] § 73-41-5. [Laws, 1988, ch. 533, § 3; Laws, 1997, ch. 588, § 63, eff. 7/1/1997.] § 73-41-7. [Laws, 1988, ch. 533, § 4; Laws, 1996, ch. 507, § 76, eff. 7/1/1996.] § 73-41-9. [Laws, 1988, ch. 533, § 5, eff. 7/1/1988.] § 73-41-11. [Laws, 1988, ch. 533, § 6, eff. 7/1/1988.] § 73-41-13. [Laws, 1988, ch. 533, § 7, eff. 7/1/1988.] § 73-41-15. [Laws, 1988, ch. 533, § 8, eff. 7/1/1988.] § 73-41-17. [Laws, 1988, ch. 533, § 9, eff. 7/1/1988.] § 73-41-19. [Laws, 1988, ch. 533, § 10, eff. 7/1/1988.] § 73-41-21. [Laws, 1988, ch. 533, § 11, eff. 7/1/1988.] § 73-41-23. [Laws, 1988, ch. 533, § 12, eff. 7/1/1988.]
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-1 - Short title

This chapter may be cited as the "Uniform Athlete Agents Act."
Laws, 2001, ch. 536, § 1; brought forward without change, Laws, 2011, ch. 541, § 1, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 6, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-5 - Administration of chapter by Secretary of State; service of process; powers to investigate violations of chapter or rules adopted under chapter

(1)
The Secretary of State shall administer this chapter.
(2)
By engaging in the business of an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent to accept service of process in any civil action related to the individual's business as an athlete agent in this state.
(3)
The Secretary of State may:
(a)
Conduct public or private investigations within or outside of this state which they consider necessary or appropriate to determine whether a person has violated, is violating, or is about to violate any provision of this chapter or a rule adopted under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;
(b)
Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as they may determine, as to all facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(c)
Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted under this chapter if they determine it is necessary or appropriate in the public interest.
(4)
For the purpose of an investigation under this chapter, the Secretary of State or their designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Secretary of State considers relevant or material to the investigation.
Laws, 2001, ch. 536, § 3; Laws, 2011, ch. 541, § 3, eff. 4/26/2011.
Amended by Laws, 2024, ch. 378, SB 2417,§ 8, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-7 - Athlete agents: registration required

(1)
Except as otherwise provided in subsection (2), an individual may not act as an athlete agent in this state before being issued a certificate of registration under Section
73-42-11
or
73-42-15
.
(2)
Before being issued a certificate of registration, an individual may act as an athlete agent for all purposes except signing an agency contract if within seven (7) days after an initial act as an athlete agent, the individual submits an application to register as an athlete agent in this state.
(3)
An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract to the individual or entity who tendered or paid the consideration.
Laws, 2001, ch. 536, § 4; Laws, 2011, ch. 541, § 4, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 9, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-15 - Temporary registration

The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal is pending.
Laws, 2001, ch. 536, § 8; brought forward without change, Laws, 2011, ch. 541, § 8, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 13, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-17 - Registration and renewal fee; additional fee for actual costs relating to background checks

(1)
An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(a)
Two Hundred Dollars ($200.00) for an initial application for registration.
(b)
Two Hundred Dollars ($200.00) for an application for registration based upon a certificate of registration or licensure issued by another state.
(c)
Two Hundred Dollars ($200.00) for an application for renewal of registration.
(d)
Two Hundred Dollars ($200.00) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
(2)
In addition, the Secretary of State may impose a fee for the actual costs incurred by the Secretary of State's office for processing and administering one or more criminal history background checks.
Laws, 2001, ch. 536, § 9; Laws, 2011, ch. 541, § 9, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 14, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-19 - Form of contract

(1)
An agency contract must be in a record, signed by the parties.
(2)
An agency contract must state or contain:
(a)
The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration or anything of value that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(b)
The name of any person not listed in the application for registration or renewal who will be compensated because the student-athlete signed the agency contract;
(c)
A description of any expenses that the student-athlete agrees to reimburse;
(d)
A description of the services to be provided to the student-athlete;
(e)
The duration of the contract; and
(f)
The date of execution.
(3)
An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1)
YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT
UNLESS THIS CONTRACT IS SERVING AS A PUBLICITY RIGHTS AGREEMENT PURSUANT TO SECTION
37-97-103
;
(2)
BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY CONTRACT; AND
(3)
YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(4)
An agency contract that does not conform to this section is voidable by the student-athlete.
(5)
The athlete agent shall give a copy of the signed agency contract to the student-athlete at the time of signing.
Laws, 2001, ch. 536, § 10; Laws, 2011, ch. 541, § 10, eff. 4/26/2011.
Amended by Laws, 2024, ch. 378, SB 2417,§ 15, eff. 4/18/2024.
Amended by Laws, 2022, ch. 455, SB 2690,§ 4, eff. 4/18/2022.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-21 - Notice to educational institution

(1)
Before an athlete agent, or his or her employee or representative, may initiate a first contact, direct or indirect, with any of the individuals listed below, with the intent or for the purpose of soliciting the student-athlete or of procuring an agency contract from the student-athlete, the athlete agent, or his or her employee or representative, must provide the educational institution at which the student-athlete is enrolled with written notification of the planned contact with these individuals:
(a)
The student-athlete;
(b)
The student-athlete's spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child or first cousin; or the parent, foster parent, sibling, aunt, uncle, grandparent, child or first cousin of the student-athlete's spouse; or
(c)
A representative of any of the individuals enumerated in paragraphs (a) and (b) of this subsection (1).
(2)
Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice of the existence of the agency contract to the athletic director of the educational institution at which the student-athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(3)
Within seventy-two (72) hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled or intends to enroll that he or she has entered into an agency contract.
Laws, 2001, ch. 536, § 11; Laws, 2011, ch. 541, § 11, eff. 4/26/2011.
Amended by Laws, 2024, ch. 378, SB 2417,§ 16, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-23 - Student-athlete's right to cancel

(1)
A student-athlete may cancel an agency contract by giving notice to the athlete agent of the cancellation within fourteen (14) days after the date the contract is signed.
(2)
A student-athlete may not waive the right to cancel any agency contract.
(3)
If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
Laws, 2001, ch. 536, § 12; Laws, 2011, ch. 541, § 12, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 17, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-25 - Required records

(1)
An athlete agent shall retain the following records for a period of five (5) years:
(a)
The name and address of each individual represented by the athlete agent;
(b)
Any agency contract entered into by the athlete agent; and
(c)
Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete.
(2)
Records required by subsection (1) to be retained are open to inspection by the Secretary of State during normal business hours.
Laws, 2001, ch. 536, § 13; brought forward without change, Laws, 2011, ch. 541, § 13, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 18, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-27 - Prohibited acts

(1)
An athlete agent may not engage in any of the following activities, within this state or otherwise, with the intent to induce a student-athlete to enter into an agency contract:
(a)
Give any materially false or misleading information or make a materially false promise or representation;
(b)
Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(c)
Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
(2)
An athlete agent may not intentionally:
(a)
Initiate contact with a student-athlete unless registered under this chapter;
(b)
Refuse or willfully fail to retain or permit inspection of the records required by Section
73-42-25
or fail to provide the Secretary of State with any statements, documents, records or testimony required by the secretary under Section
73-42-5(3) and (4)
;
(c)
Violate Section
73-42-7
by failing to register;
(d)
Provide materially false or misleading information in an application for registration or renewal of registration;
(e)
Predate or postdate an agency contract; or
(f)
Fail to notify a student-athlete prior to the student-athlete's signing an agency contract for a particular sport that the signing by the student-athlete may make the student-athlete ineligible to participate as a student-athlete in that sport.
Laws, 2001, ch. 536, § 14; Laws, 2011, ch. 541, § 14, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 19, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-29 - Criminal penalties

The commission of any act prohibited by Section
73-42-27
by an athlete agent is a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment of not more than two (2) years, or both.
Laws, 2001, ch. 536, § 15; brought forward without change, Laws, 2011, ch. 541, § 15, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 20, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-31 - Civil remedies

(1)
An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this act. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees, except that costs and attorney's fees shall not be levied against a public educational institution.
(2)
Damages of an educational institution under subsection (1) include losses and expenses incurred because, as a result of the activities of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified or suspended from participation in athletics by a national association , a conference or any other group or organization with authority over the sport, that promotes or regulates collegiate athletics or by reasonable self-imposed disciplinary action taken to mitigate sanctions.
(3)
A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or student-athlete.
(4)
Any liability of the athlete agent or the student-athlete under this section is several and not joint.
(5)
This chapter does not restrict rights, remedies or defenses of any person under law or equity.
Laws, 2001, ch. 536, § 16; brought forward without change, Laws, 2011, ch. 541, § 16, eff. 4/26/2011.
Amended by Laws, 2024, ch. 378, SB 2417,§ 21, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-33 - Civil penalty

The Secretary of State may assess a civil penalty against an athlete agent not to exceed Twenty-five Thousand Dollars ($25,000.00) for a violation of this chapter.
Laws, 2001, ch. 536, § 17; brought forward without change, Laws, 2011, ch. 541, § 17, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 22, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-35 - Application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2001, ch. 536, § 18; brought forward without change, Laws, 2011, ch. 541, § 19, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 24, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-37 - Relation to Electronic Signatures in Global and National Commerce Act

The provisions of this chapter modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001, et seq., except that those provisions do not modify, limit, or supersede Section 101(c) of that act, 15 USCS Section 7001(c), and do not authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b).
Laws, 2011, ch. 541, § 20, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 25, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 42 - UNIFORM ATHLETE AGENTS LAW (§§ 73-42-1 — 73-42-39) › Section 73-42-39 - Promulgation of rules and regulations

The Secretary of State may promulgate rules and regulations necessary to administer, carry out and enforce this chapter and to define terms whether or not used in this chapter, but those definitions may not be inconsistent with this chapter.
Laws, 2011, ch. 541, § 21, eff. 4/26/2011.
Brought forward by Laws, 2024, ch. 378, SB 2417,§ 26, eff. 4/18/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-1 - State board of medical licensure established

There is hereby created and established a board to be known as the state board of medical licensure.
Laws, 1980, ch. 458, § 1, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-3 - Membership of board; selection; term of office; vacancies

(1)
The state board of medical licensure shall consist of nine (9) physicians. Each of the physicians shall have graduated from a medical school which has been accredited by the liaison committee on medical education as sponsored by the American Medical Association and the Association of American Medical Colleges or from an osteopathic medical school which has been accredited by the Bureau of Professional Education of the American Osteopathic Association, and have at least six (6) years' experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court district.
(2)
Three (3) physicians shall be nominated to the governor for each appointive position by the Mississippi State Medical Association; and said nominations shall give due regard to geographic distribution, race and sex. The governor shall appoint from said nominations the members of the board with the advice and consent of the senate. The original appointments of the board shall be made no later than June 30, 1980, for terms to begin on July 1, 1980. The governor shall designate the initial terms of the members as follows: Three (3) members shall be appointed for a term which expires July 1, 1982, three (3) members shall be appointed for a term which expires July 1, 1984, and three (3) members shall be appointed for a term which expires July 1, 1986. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term. Vacancies in office shall be filled by appointment of the governor in the same manner as the appointment to the position which becomes vacant, subject to the advice and consent of the senate at the next regular session of the legislature.
Laws, 1980, ch. 458, § 2 subds (1) and (2); Laws, 1984, ch. 336, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-5 - Officers; bylaws

The state board of medical licensure is authorized to elect from its own members a president and secretary, and to create such other offices and adopt such by-laws as may be necessary for its efficient operation.
Laws, 1980, ch. 458, § 2 subd (3), eff. 5/5/1980.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-7 - Quorum; meetings; compensation

Five (5) members shall constitute a quorum, and a majority of those present shall be necessary to reject any application. All regular meetings of the board shall be held at least quarterly upon the call of the president, except the first meeting of the original appointees which shall be called by the Governor. The members of the board shall be entitled to a per diem of Forty Dollars ($40.00) for each day's service in attending meetings of the board and for conducting examinations for professional certificates, and shall receive reimbursement for necessary expenses and mileage as is authorized by law.
Laws, 1980, ch. 458, § 2 subd (4); Laws, 1990, ch. 389, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-9 - Oath of office and commission

Each member of the state board of medical licensure shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and file a certificate thereof in the office of the secretary of state, whereupon a commission shall be issued to him under the terms of his office.
Laws, 1980, ch. 458, § 2 subd (5), eff. 5/5/1980.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-11 - Powers and duties of board

The State Board of Medical Licensure shall have the following powers and responsibilities:
(a)
Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists and physician assistants practicing with physician supervision;
(b)
Considering applications for licensure;
(c)
Conducting examinations for licensure;
(d)
Investigating alleged violations of the medical practice act;
(e)
Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses;
(f)
Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;
(g)
To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section
73-49-3
;
(h)
To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;
(i)
Perform the duties prescribed by Sections
73-26-1
through
73-26-5
;
(j)
Perform the duties prescribed by the Interstate Medical Licensure Compact, Section
73-25-101
; and
(k)
To adopt reasonable rules and regulations providing for physician practice records retention under the following minimum standards:
(i)
Medical records shall be retained by a physician in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a physician.
(ii)
Graphic matter, images, X-ray films, and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved and properly stored by a physician in the original, microfilmed or similarly reproduced form for a minimum period of three (3) years from the date a patient is last treated by the physician. Such graphic matter, images, X-ray film, and like matter shall be retained for a longer period when requested in writing by the patient.
(iii)
Medical records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.
Laws, 1980, ch. 458, § 3 subd (1); Laws, 1990, ch. 473, § 1; Laws, 2000, ch. 470, § 4, eff. 7/1/2000.
Amended by Laws, 2024, ch. 533, SB 2873,§ 3, eff. 5/13/2024.
Amended by Laws, 2016, ch. 508, HB 41, 3, eff. 5/16/2016.
Amended by Laws, 2015, ch. 461, HB 204, 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-13 - Executive officer

The board shall appoint an Executive Director who possesses the necessary qualifications and experience to enable him to carry out the duties required by his office. The Executive Director who may be a physician, shall receive a salary set by the board, subject to the approval of the State Personnel Board, and shall serve at the will and pleasure of the board. The executive officers shall be vested with all the authority of the board when it is not in session, and he shall be subject to such rules and regulations as may be prescribed by the board.
Laws, 1980, ch. 458, § 3 subd (2); Laws, 1997, ch. 354, § 1, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-14 - Executive committee

The State Board of Medical Licensure may appoint an executive committee, to be composed of three (3) of its members, with a chairman to be designated by the board from the members appointed to said committee. The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board. The executive committee shall have the authority to conduct licensure hearings pursuant to Section
73-25-27
, provided that the power to revoke shall be subject to approval of the board. Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board. Any person aggrieved by an action of the board regarding licensure may appeal to the Chancery Court of the First Judicial District of Hinds County. Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee. Any two (2) members of the executive committee shall be a quorum for the transaction of business.
All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.
Actions taken by the board in suspending a license when required by Section
93-11-157
or
93-11-163
are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section
93-11-157
or
93-11-163
shall be taken in accordance with the appeal procedure specified in Section
93-11-157
or
93-11-163
, as the case may be, rather than the procedure specified in this section.
Laws, 1982, ch. 494, § 15; Laws, 1996, ch. 507, § 77, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-15 - [Repealed]

Repealed by Laws of 1984, ch. 358, eff.7/1/1984.
Laws, 1980, ch. 458, § 3(3).
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 43 - STATE BOARD OF MEDICAL LICENSURE (§§ 73-43-1 — 73-43-17) › Section 73-43-17 - Venue of actions against board

Unless otherwise provided for by law, the venue of actions against the state board of medical licensure wherein said board is a defendant shall be the first judicial district of Hinds County, Mississippi.
Laws, 1981, ch. 502, § 17, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 45 - INFORMATION TO BE INCLUDED IN PRESCRIPTIONS (§ 73-45-1) › Section 73-45-1 - Health care professionals to provide prescriptions containing all necessary information to allow prescription provider to dispense drug or medical device to consumer

Health care professionals licensed by an agency of this state and whose practice encompasses the prescribing and dispensing of drugs or medical devices shall automatically provide the patient with a prescription containing all of the necessary information to allow any prescription provider to dispense the drug or medical device to the consumer. Upon the request of another health care professional or prescription provider to confirm prescription information for a specified individual, the prescribing health care professional shall immediately confirm all necessary information to enable the person requesting verification to accurately dispense the drug or medical device. Confirmation may be requested or confirmed in any form, including electronically. If confirmation of the verification request for the drug or medical device is not received within one (1) hour following the request, all information contained in the request, including the fact that the prescription has not expired, shall be presumed accurate, and the provider shall be authorized to dispense pursuant to the prescription. If no expiration date is included on the prescription, the prescription shall expire two (2) years after the date of issue. Health care professionals who dispense prescription medical devices shall prescribe brands that are readily and directly available to all channels of distribution, and shall post a notice in the location where payment for services is made informing patients as follows: "You have a right to receive a copy of your prescription. You also have a right to have your prescription filled wherever you choose."
Laws, 2002, ch. 620, § 14, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-1 - Short title

This chapter shall be known and may be cited as the "Occupational Board Compliance Act of 2017."
Added by Laws, 2017, ch. 415, HB 1425, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-3 - Legislative intent

By establishing and executing the policies provided in this chapter, the State of Mississippi intends to ensure that occupational licensing boards and board members shall avoid liability under federal antitrust laws.
Added by Laws, 2017, ch. 415, HB 1425, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-7 - Declaration of policy

For occupational regulations promulgated by occupational licensing boards, it is the policy of the State of Mississippi to:
(a)
Increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth; and
(b)
Use the least restrictive regulation necessary to protect consumers from present, significant and substantiated harms that threaten public health and safety.
Added by Laws, 2017, ch. 415, HB 1425, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-9 - Occupational Licensing Review Commission created; composition; responsibilities; submission of proposed occupational regulations to commission

(1)
There is hereby created the Occupational Licensing Review Commission which shall be composed of the Governor, the Secretary of State and the Attorney General, or his or her respective designee. The Governor shall be the Chairman of the commission and the Secretary of State shall be the Secretary. The commission shall meet quarterly and at such other times as meetings may be called by the chair. A majority of the members shall constitute a quorum at any meeting. Any final action taken by the commission shall require the affirmative vote of a majority of the members. The Office of the Governor shall provide such support of the commission necessary to accomplish the purposes of this chapter, including, but not limited to, research and clerical assistance. Any department, division, board, bureau, commission or agency of the state shall provide, at the request of the chair of the commission, such assistance and data as will enable the commission to carry out its duties.
(2)
The commission shall be responsible for the active supervision of state executive branch occupational licensing boards controlled by active market participants to ensure compliance with state policy in the adoption of an occupational regulation promulgated by an occupational licensing board, to include existing occupational regulations promulgated by an occupational licensing board. The active supervision required under this chapter shall not extend to individual disciplinary actions taken or imposed by an occupational licensing board as to any active market participant subject to the jurisdiction of the occupational licensing board.
(3)
An occupational licensing board must submit any proposed occupational regulation to the commission before the occupational licensing board may file the occupational regulation in the Office of the Secretary of State if the occupational regulation is required to be filed in the Office of the Secretary of State by Chapter 43, Title 25, Mississippi Code of 1972, (Mississippi Administrative Procedures Law), or before the occupational regulation becomes effective if filing is not required.
(4)
The commission shall issue resolutions necessary to effectuate the provisions of this chapter, including the process, procedures and timelines that will govern any submission filed in accordance with the chapter. Nothing in this chapter shall be interpreted to subject the commission to any of the administrative procedures of Chapter 43, Title 25, Mississippi Code of 1972, (Mississippi Administrative Procedures Law).
Amended by Laws, 2020, ch. 399, HB 1104,§ 2, eff. 7/1/2020.
Added by Laws, 2017, ch. 415, HB 1425, 5, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 47 - OCCUPATIONAL BOARD COMPLIANCE ACT OF 2017 (§§ 73-47-1 — 73-47-11) › Section 73-47-11 - Application of chapter

This chapter shall not apply to occupational licensing boards that are not controlled by active market participants.
Added by Laws, 2017, ch. 415, HB 1425, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 49 - HEALTH CARE PROVIDER LICENSING BOARDS (§§ 73-49-1 — 73-49-3) › Section 73-49-1 - State boards that license health care providers prohibited from promulgating or enforcing rules or regulations in a manner that discriminates among licensees

No state board or agency that licenses health care providers shall promulgate or enforce any rule or regulation affecting the practice of its licensees that does not apply equally to the practice of all of its licensees. This section applies to all rules and regulations promulgated and implemented by those boards or agencies both before and after July 1, 2000.
Laws, 2000, ch. 560, § 20, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 49 - HEALTH CARE PROVIDER LICENSING BOARDS (§§ 73-49-1 — 73-49-3) › Section 73-49-3 - Conditioning of licensing of certain health care providers upon provider's participation in public or private health insurance plans, public health care systems, public service initiatives or emergency room coverage prohibited

(1)
This section is applicable to licensed physicians, osteopaths, dentists, optometrists, chiropractors, advanced practice registered nurses and physician assistants.
(2)
Licensure of providers named in subsection (1) of this section in this state shall not be conditioned upon or related to participation by the provider in any public or private insurance plan, public health care system, public service initiative, or emergency room coverage.
(3)
Licensure of providers named in subsection (1) of this section in this state shall not be conditioned upon or related to their compliance with the "meaningful use" of electronic health records as set forth in CFR 5 Part 170.
Added by Laws, 2015, ch. 461, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 51 - UNLICENSED PRACTICE OF PROFESSION (§§ 73-51-1 — 73-51-5) › Section 73-51-1 - Injunction to prohibit unlicensed practice of profession

(1)
An action for an injunction may be brought and maintained in the name of any state board authorized to hold examinations and grant licenses to practice any profession to enjoin and prohibit any person from the practice of any profession required to be licensed by said board, when such person is practicing said profession and has not been granted a license therefor.
(2)
Notwithstanding the provisions of subsection (1) of this section, the board of bar admissions shall not be authorized to bring or maintain actions to enjoin or prohibit any person from engaging in the unauthorized practice of law, and all complaints and notices which the board of bar admissions may receive concerning the unauthorized practice of law shall be immediately delivered to the board of commissioners of the Mississippi State Bar, or its executive director, and such board is hereby authorized to bring and maintain all such actions to enjoin and prohibit the unauthorized practice of law without the necessity of proving irreparable injury or establishing that there is no adequate remedy at law. The provisions of this subsection shall not be construed to affect any actions or proceedings commenced prior to July 1, 1983.
Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3; Laws, 1983, ch. 457, § 16, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 51 - UNLICENSED PRACTICE OF PROFESSION (§§ 73-51-1 — 73-51-5) › Section 73-51-3 - Filing, hearing and determination of action for injunction

An action for an injunction authorized by Section
73-51-1
shall be filed and heard either in the county in which the defendant resides or in which he practices the profession sought to be enjoined, and no bond shall be required, and no damages, fees or other costs shall be taxed against said board for the bringing of such suit. The court or judge shall not issue a temporary restraining order or injunction under this chapter, but shall hear and decide said matter on its merits either in term time or vacation as soon as possible.
Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 51 - UNLICENSED PRACTICE OF PROFESSION (§§ 73-51-1 — 73-51-5) › Section 73-51-5 - Effect of chapter

The authority conferred by this chapter is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter herein, and the institution and prosecution of any action shall not preclude the institution and prosecution of an action under other appropriate civil or criminal statutes dealing therewith.
Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3; Laws, 1983, ch. 448, § 18, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 52 - LICENSURE RECORDS (§ 73-52-1) › Section 73-52-1 - Certain licensure application and examination records to be exempt from public access requirements

(1)
Applications for licensure in the possession of a public body, as defined by paragraph (a) of Section
25-61-3
, except that which may be released to the person who made the application or with the prior written consent of the person who made the application, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(2)
Test questions in the possession of a public body, as defined by paragraph (a) of Section
25-61-3
, that are to be used in future license examinations, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(3)
Recommendations in the possession of any state board which is authorized to hold examinations and grant licenses or certificates to practice any profession, respecting any application for a professional license or certificate, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
Laws, 1983, ch. 424, § 21; Laws, 1990, ch. 409, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 53 - LICENSING AND REGULATION OF SOCIAL WORKERS (§§ 73-53-1 — 73-53-31) › Section 73-53-1 - Legislative declarations and intent

It is declared to be the policy of the State of Mississippi that the profession of social work affects the public health, safety and welfare and requires appropriate regulation and control in the public interest. It is the intent of this chapter to protect the people of Mississippi by promoting high standards of professional performance for those engaged in the profession of social work by regulating the title and by setting standards of qualification, education, training and experience for those who engage, or seek to engage, in the practice of social work.
Laws, 1987, ch. 421, § 1; Laws, 2011, ch. 462, § 1, eff. 7/1/2011.