reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-49 - Suspended license subject to expiration and can be renewed; revoked license subject to expiration but cannot be renewed; reinstatement fees

(1)
A suspended license is subject to expiration and shall be renewed as provided in this chapter, but while the license remains suspended, and until it is reinstated, the renewal does not entitle the practice of acupuncture, or any other activity or conduct in violation of the order of the board by which the license was suspended.
(2)
A revoked license is subject to expiration as provided in this chapter but it may not be renewed. If it is reinstated after its expiration, the former licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal fee date, if any, accrued at the time of its expiration.
Laws, 2009, ch. 447, § 25, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 25, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-51 - Fees

(1)
The board may charge reasonable fees for the following:
(a)
Initial application fee for licensing;
(b)
Written and practical examination not including the cost of the nationally recognized examination;
(c)
Biennial licensing renewal for acupuncture practitioners;
(d)
Late renewal more than thirty (30) days, but not later than one (1) year, after expiration of a license, which late fee is in addition to any other fees;
(e)
Reciprocal licensing fee;
(f)
Annual continuing education provider registration fee; and
(g)
Any and all fees to cover reasonable and necessary administrative expenses as established by the Council of Advisors in Acupuncture.
(2)
All fees shall be set forth in regulations duly adopted by the board.
(3)
All fees and other funds collected under this chapter shall be deposited into the special fund of the State Board of Medical Licensure.
Laws, 2009, ch. 447, § 26, eff. 7/1/2009.
Reenacted without change by Laws, 2013, ch. 465, HB 1162, 26, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 71 - ACUPUNCTURE PRACTICE ACT (§§ 73-71-1 — 73-71-53) › Section 73-71-53 - [Repealed]

Repealed by Laws, 2017, ch. 391, SB 2214, 3, eff. 7/1/2017.
Amended by Laws, 2013, ch. 465, HB 1162, 27, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Certified Interior Designer Act."
Laws, 2011, ch. 360, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-3 - Purpose of chapter

The purpose of this chapter is to establish the title of "Mississippi Certified Interior Designer" and to restrict the use of this title to those persons having specific interior design education, experience and examination, as defined in this chapter, and to require continuing education and adherence to a professional code of conduct by Mississippi Certified Interior Designers.
Laws, 2011, ch. 360, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-5 - Definitions

The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Board" means the State Board of Architecture as defined in Section
73-1-3
.
(b)
"Interior Design Advisory Committee" or "IDAC" means the jurisdictional committee responsible for making recommendations to the board for implementing interior design legislation and making rules and regulations. IDAC is comprised of Mississippi Certified Interior Designers and reports to the board. Decisions and actions of IDAC are subject to ratification by the board through review and approval of IDAC's minutes.
(c)
"Mississippi Certified Interior Designer" means an interior design professional who holds a certification issued by the board. A certified interior designer shall not be considered to be a registered design professional as defined within the International Building Code or by building permit requirements.
(d)
"Certificate" means the certificate issued by the board authorizing the holder of the certificate to use the title Mississippi Certified Interior Designer.
(e)
"NCIDQ" means the National Council for Interior Design Qualification.
(f)
"IDQE" means the Interior Design Qualification Examination as prepared and administered by NCIDQ or its successor.
(g)
"CIDA" means Council for Interior Design Accreditation (formerly known as "FIDER" or the "Foundation for Interior Design Education Research").
(h)
"MCID" means Mississippi Coalition for Interior Design or its successor.
Laws, 2011, ch. 360, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-9 - Application for licensure through alternate eligibility methods; alternate qualifications

(1)
Any applicant who files an application with and remits initial fees to the board and IDAC before July 1, 2013, may be considered for alternate eligibility. Applications for licensure through the alternate eligibility method shall be accepted beginning on July 1, 2012. Any applicant submitting an application under this section shall be subject to the requirements of subsection (3) of Section
73-73-7
.
(2)
Alternate qualifications for eligibility are:
(a)
Possession of a four-year degree in interior design from a nonaccredited program or another degree approved by the board and having passed all sections of the IDQE, or its successor; or
(b)
Possession of ten (10) years of experience practicing in the profession of interior design and having passed all sections of the IDQE, or its successor.
(3)
Any applicant who files with the board and IDAC an application and letter of intent to qualify under this section who has not taken and passed the IDQE shall have until July 1, 2013, to take and pass all code sections of the IDQE. The board and IDAC shall require verification of passage of the code sections of the IDQE as prepared and administered by the NCIDQ or its successor.
(4)
Any application submitted to the board may be denied for any violation of this chapter.
(5)
The board and IDAC may require that the applicant appear before the board or IDAC for a personal interview.
Laws, 2011, ch. 360, § 5, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-11 - Application from interior designer in another jurisdiction

The board and IDAC may accept applications for Mississippi certification from an interior designer in another jurisdiction pursuant to Section
73-73-7
or
73-73-9
. The issuance of a certification by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Laws, 2011, ch. 360, § 6, eff. 7/1/2011.
Amended by Laws, 2021, ch. 398, HB 1263,§ 43, eff. 7/1/2021.
Amended by Laws, 2013, ch. 350, SB 2419, 46, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-13 - Continuing education requirements

Each Mississippi Certified Interior Designer shall be required to meet the continuing education requirements established by the board and IDAC. The board and IDAC shall set a minimum requirement of continuing education for the biennial reporting period.
Laws, 2011, ch. 360, § 7, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-15 - Renewal of certificate; payment of fees; penalty for nonpayment

(1)
Each Mississippi Certified Interior Designer who desires to renew a certificate pursuant to this chapter must submit to the board and IDAC:
(a)
the biennial certification renewal fee as set by rules and regulations; and
(b)
the certification renewal application, which shall require certification of compliance with continuing education requirements. The renewal fee shall be due and payable on the first day of January of each year in which the fee is required to be paid and shall become delinquent after January 31 of that year. If the renewal fee is not paid before it becomes delinquent, a penalty shall be assessed in an amount per month as set by the board and IDAC. Upon failure to renew a certificate during the month of January of the renewal year, the certificate shall be rendered inactive at midnight on January 31 of the renewal year. A person with an inactive status certification is not allowed to use the title of Certified Interior Designer.
(2)
If the renewal fee and penalty are not paid before June 1 of the year in which they become due, the Mississippi Certified Interior Designer's certificate shall no longer be eligible for renewal. A certificate rendered nonrenewable due to delinquency may be considered for reinstatement upon:
(a)
the payment of the reinstatement fee, as set by the board and IDAC;
(b)
receipt of the completed certificate reinstatement application; and
(c)
such other proof of the applicant's qualifications as may be required in the discretion of the board and IDAC.
(3)
The board shall make available an acknowledgement of certification renewal or reinstatement to each Mississippi Certified Interior Designer promptly upon payment of the renewal fee or upon payment for and approval of the application for reinstatement.
Laws, 2011, ch. 360, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-17 - Issuance of temporary certificates prohibited

The board shall not issue a temporary certificate, except as authorized under Section
73-50-1
.
Laws, 2011, ch. 360, § 9, eff. 7/1/2011.
Amended by Laws, 2013, ch. 350, SB 2419, 47, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-19 - Certified interior designer conduct and professional ethics

(1)
The board and IDAC shall set forth and regulate the conduct and professional ethics of those certified under this chapter.
(2)
Conflict of Interest:
(a)
A Mississippi Certified Interior Designer may not accept compensation for interior design services from more than one (1) party on a project unless the circumstances are fully disclosed to and accepted by all parties involved in the project. Any disclosure and agreement must be in writing.
(b)
A Mississippi Certified Interior Designer may not solicit or accept compensation or gratuities from contractors, material or furniture suppliers, or manufacturer's sales representatives from endorsing their companies or specifying their products.
(3)
Compliance with laws:
(a)
A Mississippi Certified Interior Designer may not offer or make payment or gifts of value to elected or appointed government officials with the intent of influencing the decision or recommendation of that official in connection with a project in which the Mississippi Certified Interior Designer may be interested.
(b)
A Mississippi Certified Interior Designer must comply with the certification laws and regulations governing the state recognition of interior design in other states and jurisdictions where the Mississippi Certified Interior Designer is certified or otherwise recognized as an interior designer.
(4)
Full disclosure:
(a)
A Mississippi Certified Interior Designer may not falsify or misrepresent his professional qualifications. A Mississippi Certified Interior Designer may not exaggerate his degree of responsibility in or for prior assignments. Presentations for the solicitation of employment or future projects may not misrepresent the work of a Mississippi Certified Interior Designer with the intent of enhancing the Mississippi Certified Interior Designer's qualifications.
(b)
If, in the course of work on a project, the Mississippi Certified Interior Designer becomes aware of a decision or condition that may materially and adversely affect the safety and welfare of any member of the project team, owner or the public, the Mississippi Certified Interior Designer shall report the condition to the design professional of record or a public building official.
Laws, 2011, ch. 360, § 10, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-21 - Posting certificate in prominent place

Each person holding a certificate as a Mississippi Certified Interior Designer in this state shall post the certificate in a prominent place in the interior designer's place of business.
Laws, 2011, ch. 360, § 11, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-23 - Interior Design Advisory Committee; membership; terms

(1)
IDAC shall be comprised of five (5) members, each being a Mississippi Certified Interior Designer residing in this state who has been engaged in interior design not less than seven (7) years. It is the duty of IDAC to carry out the purposes of this chapter as herein provided.
(2)
The Governor shall appoint the members of IDAC from a list of names supplied by MCID, or its successor. Each member of IDAC shall serve for a term of five (5) years. Each interior designer initially appointed must be qualified to become a Mississippi Certified Interior Designer. Thereafter, each new appointee must be a Mississippi Certified Interior Designer. The terms of the members of IDAC shall be staggered so that the term of not more than one (1) member expires each year on June 1.
(3)
Each member shall hold over the expiration of his term until his successor is duly appointed and qualified. The Governor, in like manner, shall fill any vacancy occurring in the membership of IDAC for the unexpired term of such membership. The Governor may remove any of the members of IDAC for inefficiency, neglect of duty or dishonorable conduct.
(4)
At the first meeting of every calendar year, IDAC shall elect from among its members a chairman and a secretary to hold office for one (1) year.
(5)
The executive director of the board shall keep a true and correct record of all proceedings of IDAC.
Laws, 2011, ch. 360, § 12, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-25 - Adoption of rules and regulations; IDAC member oath of office

(1)
IDAC, subject to the approval of the board, may adopt only rules or regulations that are consistent with law as may be necessary to carry out the duties and authorities conferred upon the committee.
(2)
The rules and regulations may address, but need not be limited to, the following matters:
(a)
Administration and enforcement of provisions of this chapter.
(b)
Regulations to carry out the policies of this chapter.
(c)
Setting certification fees.
(d)
Reviewing, approving or disapproving, and making recommendations on all applications for certification.
(e)
Establishing continuing education requirements for certificate renewal.
(f)
Maintaining the official roster of Mississippi Certified Interior Designers.
(g)
Adopting requirements for monitored internship.
(h)
Adopting rules of conduct that are clear, quantifiable and enforceable by rules and regulations.
(i)
Exercising the authority to assess monetary administrative penalties for violations of the laws, rules and regulations that IDAC regulates.
(j)
Providing access to persons with physical, mental or developmental disability to IDAC's programs and activities.
(k)
At the direction of the board, IDAC also shall review and investigate any charges brought against any Mississippi Certified Interior Designer as provided for in Section
73-73-19
and make findings of fact and recommendations to the board concerning any disciplinary action which IDAC deems necessary and proper pursuant to Section
73-73-31
.
(3)
Before entering upon the discharge of their duties, each member of IDAC shall take a subscribed oath of office.
(4)
The board and IDAC shall adopt all necessary rules, regulations and bylaws to govern its proceedings not inconsistent with this chapter or the laws of this state.
(5)
The executive director of the board shall keep a record of all proceedings of IDAC, which shall be open to the public. These records shall be maintained at the office of the board.
(6)
Three (3) members of IDAC shall constitute a quorum.
Laws, 2011, ch. 360, § 13, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-27 - Deposit and use of funds from fees and fines

All funds received from interior designer certification, renewal fees and fines shall be deposited into the account of the board and utilized in part for expenses of IDAC at the direction of the board. A complete statement of the transactions shall be included in the board's annual report.
Laws, 2011, ch. 360, § 14, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-29 - Payment of IDAC and board expenses; per diem and reimbursement of travel expenses for IDAC members

(1)
The board may pay, from certification and other fees authorized under this chapter, the expenses of IDAC and the board. In no case may any of the fees or expenses be paid by the State of Mississippi or be charged against the state.
(2)
Each member of IDAC shall receive a per diem in an amount set by the board but not to exceed the amount provided for in Section
25-3-69
. Members of IDAC shall be reimbursed for their traveling expenses incurred in the pursuance of their duties.
Laws, 2011, ch. 360, § 15, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-33 - Appeal of order, judgment or action of the board

Within thirty (30) days after entry of a final order or judgment denying or revoking a certificate to practice as a Certified Interior Designer, whether an initial licensure or renewal, or action of the board as a result of disciplinary proceedings conducted under this section, any person aggrieved may appeal the order, judgment or action either to the chancery court of the county in which the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Five Hundred Dollars ($500.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against the person. If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it, within ten (10) days after service, to certify to the court its entire record in the matter in which the appeal has been taken. The content of the briefs shall be in accordance with M.R.A.P. 28 and the briefing schedule shall be in accordance with M.R.A.P. 31 unless the court, in its discretion, directs otherwise. The appeal shall be heard in due course by the court, and the court shall review the record and make its determination of the cause between the parties within sixty (60) days of the close of briefing.
Any order, judgment or decision of the board shall not take effect until after the time for appeal to the court shall have expired. All appeals perfected under this section shall act as a supersedeas of the order, judgment or action appealed from.
Laws, 2011, ch. 360, § 17, eff. 7/1/2011.
Amended by Laws, 2015, ch. 370, SB 2573, 2, eff. 3/18/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 73 - MISSISSIPPI CERTIFIED INTERIOR DESIGNER ACT (§§ 73-73-1 — 73-73-35) › Section 73-73-35 - Violation of chapter; penalties

It is a misdemeanor for any person to:
(a)
Offer to hold himself out as a Mississippi Certified Interior Designer, unless duly certified under this chapter.
(b)
Present as his own the certificate of another.
(c)
Give false or forged evidence to the board or any member of the board in obtaining a certificate.
(d)
Falsely impersonate any other practitioner of like or different name.
(e)
Use or attempt to use a certificate that has been revoked.
(f)
Otherwise violate any provision of this chapter.
A misdemeanor under this section is punishable by a fine of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00), or imprisonment for not more than one (1) year in the county jail, or both.
If any person, firm or corporation violates any provision of this chapter, the secretary of the board, upon direction of a majority of the board and in the name of the State of Mississippi, shall apply, through an attorney employed by the board, in any chancery court of competent jurisdiction for an order enjoining that violation or for an order enforcing compliance with the provisions of this chapter. Upon the filing of a verified petition in the proper court, the court or any judge of that court, if satisfied by the sworn petition, affidavit or otherwise, that the person has violated this chapter may issue a temporary injunction of five (5) days' notice to the defendant enjoining the continued violation, and the injunction shall remain in force and effect until final hearing. If it is established at the hearing that the person has violated, or is violating this chapter, the court may enter a decree permanently enjoining the violation or enforcing compliance with this chapter and awarding all costs and expenses, including reasonable attorney's fees, to the board. In case of violation of any decree issued in compliance with this section, the court may try and punish the offender for contempt of court and shall fine the offender a sum of not less than Two Hundred Fifty Dollars ($250.00) per offense. Each day of the violation is a separate offense, and the court shall proceed as in other cases in chancery.
The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
Laws, 2011, ch. 360, § 18, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-1 - License required

In order to safeguard life, health and property, no person shall practice applied behavior analysis in this state, or use the title "Licensed Behavior Analyst" or "Licensed Assistant Behavior Analyst," unless such person has secured a license under this chapter.
Added by Laws, 2015, ch. 415, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-3 - Definitions

The following definitions apply as used in this chapter, unless the context otherwise requires:
(a)
"Board" means the Mississippi Autism Board.
(b)
"Person" means any individual, organization or corporate body, except that only an individual may be licensed under this chapter.
(c)
"Practice of applied behavior analysis" means interventions based on scientific research and the direct observation and measurement of behavior and the environment. Behavior analysts utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. The practice of behavior analysis expressly excludes psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.
(d)
"Licensed behavior analyst" means an individual currently certified by the Behavior Analyst Certification Board as a Board Certified Behavior Analyst (BCBA) or Board Certified Behavior Analyst-Doctoral (BCBA-D) and licensed under Section
73-75-13(d)
to practice applied behavior analysis.
(e)
"Licensed assistant behavior analyst" means an individual currently certified by the Behavior Analyst Certification Board as a Board Certified Assistant Behavior Analyst (BCABA) and licensed pursuant to Section
73-75-13(e)
to practice applied behavior analysis under the supervision of a licensed behavior analyst.
(f)
"Behavior technician" means an individual currently certified by the Behavior Analyst Certification Board as a Registered Behavior Technician (RBT) to provide applied behavior analysis treatments under the supervision and direction of a licensed behavior analyst or licensed assistant behavior analyst.
Added by Laws, 2015, ch. 415, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-7 - Mississippi Autism Board; membership; term of office; appointment; qualifications

(1)
The board shall consist of five (5) members. The Governor shall appoint one (1) licensed psychologist practicing in the area of applied behavior analysis, one (1) licensed behavior analyst, and one (1) public member who is not licensed in behavior analysis and who is the family member of a recipient of applied behavior analysis services. The Lieutenant Governor shall appoint two (2) licensed behavior analysts.
(2)
The licensed psychologist member shall serve an initial term of one (1) year, the licensed behavior analyst appointed by the Governor shall serve an initial term of two (2) years, the public member shall serve an initial term of three (3) years, and the two (2) licensed behavior analysts appointed by the Lieutenant Governor shall serve initial terms of four (4) years. All subsequent appointees shall serve four-year terms.
(3)
All appointees shall serve at the will and pleasure of the appointing official.
(4)
Each board member shall serve without compensation, but shall receive actual traveling and incidental expenses necessarily incurred while engaged in the discharge of official duties.
Added by Laws, 2015, ch. 415, § 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-9 - Authority of the board

(1)
The board shall annually elect from its membership a chairman and executive secretary at a meeting held during the last two (2) quarters of the fiscal year. The board shall meet at any other times as it deems necessary or advisable. Reasonable notice of all meetings shall be given in the manner prescribed by the board and in accordance with state law. The presence of three (3) members shall constitute a quorum.
(2)
The board is authorized and empowered to:
(a)
Investigate and evaluate each and every applicant applying for a license to practice applied behavior analysis;
(b)
Issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter; and
(c)
Adopt and, from time to time, revise any rules and regulations not inconsistent with, and as may be necessary to carry into effect, the provisions of this chapter.
Added by Laws, 2015, ch. 415, § 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-11 - Financing administration of provisions; fees and assessments to be collected by State Board of Psychology

(1)
The administration of the provisions of this chapter shall be financed from income accruing from fees, licenses and other charges assessed and collected by the board and from such other funds available to the board. From and after July 1, 2018, the fees and assessments shall be collected by the State Board of Psychology.
(2)
The board shall receive and account for all funds received and shall keep such funds in a separate fund. Funds collected under the provisions of this chapter shall be used solely for the expenses of the board and to administer the provisions of this chapter, which may include full or partial financing of continuing education programs promulgated by the board under this chapter. Such funds shall be subject to audit by the Auditor of the State of Mississippi.
(3)
The Mississippi Autism Board shall be assigned to the Mississippi Office of the Secretary of State for administrative and ministerial purposes; and from and after July 1, 2018, the Mississippi Autism Board shall be assigned to the State Board of Psychology for administrative and ministerial purposes.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 33, eff. 6/23/2017.
Added by Laws, 2015, ch. 415, § 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-13 - Eligibility for license

To be eligible for licensure by the board as a behavior analyst or assistant behavior analyst, a person shall:
(a)
Submit to the board an application, upon such form and in such manner as the board shall prescribe, along with the applicable fee and personal references;
(b)
Certify that the applicant has not been convicted of a felony as defined by the laws of the State of Mississippi;
(c)
Undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose; and
(d)
For a behavior analyst:
(i)
Possess at least a master's degree, or its equivalent, from an educational institution recognized by the board;
(ii)
Have current and active certification by the Behavior Analyst Certification Board as a Board Certified Behavior Analyst (BCBA) or Board Certified Behavior Analyst-Doctoral (BCBA-D), verified by the board; and
(iii)
Comply with such other requirements of the board.
(e)
For an assistant behavior analyst:
(i)
Possess a bachelor's degree, or its equivalent, from an educational institution recognized by the board;
(ii)
Have current and active certification by the Behavior Analyst Certification Board as a Board Certified Assistant Behavior Analyst (BCABA), verified by the board; and
(iii)
Provide proof of ongoing supervision by a licensed behavior analyst.
(f)
All licenses issued pursuant to this section shall be for a term of three (3) years, but shall not exceed the expiration of the licensee's certification by the Behavior Analyst Certification Board.
Added by Laws, 2015, ch. 415, § 8, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-15 - Waiver of eligibility requirements

The board may waive the examination for licensure of any applicant who presents proof of current licensure in another state, including the District of Columbia, or territory of the United States which maintains professional standards considered by the board to be equivalent to those set forth in this chapter. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Amended by Laws, 2021, ch. 398, HB 1263,§ 44, eff. 7/1/2021.
Added by Laws, 2015, ch. 415, § 9, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-17 - Temporary licenses

The board shall draft rules and regulations for the granting and renewal of temporary licenses for applicants who have met all eligibility requirements for certification by the Behavior Analyst Certification Board, have taken a certification examination, and are awaiting results of the examination, but otherwise meet the requirements of this chapter.
Added by Laws, 2015, ch. 415, § 10, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-21 - Procedure and fees for renewal

(1)
Except as provided in Section
33-1-39
, every applicant for license or renewal pursuant to this chapter shall pay to the board a fee determined by the board, but not to exceed:
(a)
Two Hundred Fifty Dollars ($250.00), in addition to the cost of obtaining the criminal history record, for behavior analysts; and
(b)
One Hundred Dollars ($100.00), in addition to the cost of obtaining the criminal history record, for assistant behavior analysts.
(2)
Individuals licensed pursuant to this chapter shall apply for renewal every three (3) years, or upon renewal of certification by the Behavior Analyst Certification Board, have current certification by the Behavior Analyst Certification Board verified by the board, and present evidence of the satisfactory completion of continuing education requirements as determined by the board. The board shall issue a renewal of the license for a term of three (3) years to any licensee complying with the requirements of this section.
(3)
A lapsed license under this chapter may be renewed within a period of two (2) years after the lapse, upon payment of all fees in arrears and verification by the board that the applicant is currently certified by the Behavior Analyst Certification Board. An individual wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure.
Added by Laws, 2015, ch. 415, § 12, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-23 - Duty to register behavior technicians

Licensed behavior analysts and licensed assistant behavior analysts must register with the board all behavior technicians providing services under their supervision. The licensed behavior analyst or licensed assistant behavior analyst shall update the board of the termination of supervision as required by the board.
Added by Laws, 2015, ch. 415, § 13, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-25 - Offenses and penalties

Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a period not exceeding six (6) months, or both.
Added by Laws, 2015, ch. 415, § 14, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 75 - LICENSED BEHAVIOR ANALYSTS (§§ 73-75-1 — 73-75-27) › Section 73-75-27 - Fees deposited in special fund; collection of fees and penalties by State Board of Psychology and use thereof

All fees collected by the board under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund hereby created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. From and after July 1, 2018, the fees and penalties shall be collected by the State Board of Psychology and used for the implementation and administration of this chapter.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 34, eff. 6/23/2017.
Added by Laws, 2015, ch. 415, § 15, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-1 - Short title

This chapter shall be known and may be cited as the "Fresh Start Act of 2019."
Added by Laws, 2019, ch. 470, SB 2781,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-3 - Definitions

As used in this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a)
"Criminal record" shall mean any type of felony or misdemeanor conviction.
(b)
"Licensing" shall mean any required training, education, or fee to work in a specific profession.
(c)
"Licensing authority" shall mean an agency, examining board, credentialing board, or other office with the authority to impose occupational fees or licensing requirements on any profession.
Added by Laws, 2019, ch. 470, SB 2781,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-5 - Disqualification from pursuing, practicing, or engaging in occupation for which license is required on basis of prior conviction of crime prohibited; exceptions

Absent applicable state law, no person shall be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime, unless the crime for which an applicant was convicted directly relates to the duties and responsibilities for the licensed occupation. The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.
Added by Laws, 2019, ch. 470, SB 2781,§ 3, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-7 - Use of certain vague or generic terms in licensing authority rulemaking prohibited; clear and convincing standard of proof to be used when examining factors to determine a disqualifying criminal conviction; applicability

(1)
Absent applicable state law, licensing authorities shall not have in any rulemaking for their qualifications for licensure vague or generic terms including, but not limited to, "moral turpitude," "any felony," and "good character." Absent applicable state law, licensing authorities may only consider criminal records that are specific and directly related to the duties and responsibilities for the licensed occupation when evaluating applicants.
(2)
The licensing authority shall use the clear and convincing standard of proof in examining the factors to determine whether an applicant with a disqualifying criminal conviction will be denied a license. Absent applicable state law, the licensing authority shall make its determination based on the following factors:
(a)
The nature and seriousness of the crime for which the individual was convicted;
(b)
The passage of time since the commission of the crime;
(c)
The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and
(d)
Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.
(3)
All licensing authorities shall meet the requirements listed in subsection (1) by one hundred twenty (120) days after July 1, 2019.
(4)
For licensing authorities, the requirements listed in subsections (1) and (2) also apply to any new occupational licenses created after July 1, 2019.
(5)
The licensing authority shall adopt necessary rules for the implementation of this section.
(6)
The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.
Added by Laws, 2019, ch. 470, SB 2781,§ 4, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-9 - Petition by individual to determine if criminal record is disqualifying; information licensing authority must provide individual denied license on basis of criminal record; burden of proof in hearing or litigation; applicability

(1)
Absent applicable state law, an individual with a criminal record may petition a licensing authority at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include details on the individual's criminal record. The licensing authority shall inform the individual of his standing within thirty (30) days of receiving the petition from the applicant. The licensing authority may charge a fee to recoup its costs not to exceed Twenty-five Dollars ($25.00) for each petition.
(2)
If a licensing authority denies an individual a license solely or in part because of the individual's prior conviction of a crime, the licensing authority shall notify the individual in writing of the following:
(a)
The grounds and reasons for the denial or disqualification;
(b)
That the individual has the right to a hearing to challenge the licensing authority's decision;
(c)
The earliest date the person may reapply for a license; and
(d)
That evidence of rehabilitation may be considered upon reapplication.
(3)
If an applicant's criminal history does not require a denial of a license under applicable state law, any written determination by the licensing authority that an applicant's criminal conviction is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the preceding factors under subsection (2) by clear and convincing evidence sufficient for a reviewing court.
(4)
In any administrative hearing or civil litigation authorized under this section, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought.
(5)
The licensing authority shall adopt necessary rules for the implementation of this section.
(6)
The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.
Added by Laws, 2019, ch. 470, SB 2781,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 77 - FRESH START ACT OF 2019 (§§ 73-77-1 — 73-77-11) › Section 73-77-11 - Suspension or revocation of license

Notwithstanding any provision of law to the contrary, no licensing authority shall suspend or revoke the license it has issued to any person who is:
(a)
In default or delinquent in the payment of their student loans solely on the basis of such default or delinquency; or
(b)
In default or delinquent in the satisfaction of the requirements of their work-conditional scholarship solely on the basis of such default or delinquency.
Added by Laws, 2019, ch. 470, SB 2781,§ 6, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 79 - HEMODIALYSIS TECHNICIANS (§ 73-79-1) › Section 73-79-1 - Statewide hemodialysis technician registration with the State Board of Health; administration of hemodialysis under authority of licensed registered nurse

(1)
The State Board of Health shall establish and maintain a statewide program for the registration of hemodialysis technicians.
(2)
The board is authorized and empowered to:
(a)
Register hemodialysis technicians who meet the qualifications prescribed by the board;
(b)
Maintain a permanent register of all registered hemodialysis technicians; and
(c)
Adopt rules and regulations relating to the registration and practice of hemodialysis technicians.
(3)
Any person desiring registration as a registered hemodialysis technician must submit to the State Department of Health:
(a)
An application as prescribed by the board; and
(b)
A registration fee to be fixed by the board, which shall be paid to the department.
(4)
A hemodialysis technician may administer hemodialysis under the authority of a registered nurse licensed under the Mississippi Nursing Practice Law, who may delegate tasks based on nursing judgment to a hemodialysis technician based on the technician's education, knowledge, training and skills. A hemodialysis technician who has completed or is currently in a training program recognized by the board may perform as a hemodialysis technician under the authority of a registered nurse before obtaining national certification; however, the national certification must be obtained within eighteen (18) months of the hiring of the hemodialysis technician, and evidence of the national certification must be provided to the department.
(5)
The board shall establish fees necessary for the administration of this section.
Added by Laws, 2019, ch. 375, HB 1048,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 1 - UNIFORM COMMERCIAL CODE - REVISED ARTICLE 1. GENERAL PROVISIONS (§§ 75-1-101 — 75-1-310) › Part 1 - GENERAL PROVISIONS (§§ 75-1-101 — 75-1-110) › Section 75-1-101 - Short title

(a)
Chapters 1 through 10 of Title 75 shall be known and may be cited as the Uniform Commercial Code.
(b)
This chapter may be cited as Article 1 when referring to the general provisions of the Uniform Commercial Code or as Uniform Commercial Code - General Provisions.
(c)
Chapters 1 through 10 of Title 75 are numbered to correspond to the numbering of the articles of the Uniform Commercial Code and may be referred to as "Articles."
Derived from former §
75-1-101
[Codes, 1942, § 41A:1-101; Laws, 1966, ch. 316, § 1-101, eff March 31, 1968; Repealed by Laws, 2010, ch. 506, § 44, eff from and after July 1, 2010] and was enacted by Laws, 2010, ch. 506, § 3, eff from and after July 1, 2010.