Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1901 - Authority and Practice › Chapter 2 - Character and Fitness › Rule 30-1901-2.1 - MORAL CHARACTER

Current through June 25, 2024
A. General
1. As used under the Rules and Regulations of
				the Board of Examiners, "good moral character" means a pattern of behavior
				conforming to the profession's ethical standards and behavior that indicates
				honesty and truthfulness, integrity, respect among the community for lawful
				behavior, respect for the rights of others, and obedience to the lawful
				directives of public officers or officials or persons charged with the
				enforcement of the law and showing an absence of moral turpitude.
2. Fitness for service as it relates to moral
				character must be verified by an appropriate background
				investigation.
3. A determination
				of good moral character shall be based on absence of acts that reflect moral
				turpitude and upon the consideration of all aspects of a person's character as
				exemplified by his or her behavior and shall include, but not necessarily be
				limited to, consideration of the following:
a.
				Evidence, among other things, of having neither a conviction nor a plea of
				guilty or nolo contendere, probation, pretrial diversion or payment of any fine
				for a felony or a misdemeanor involving moral turpitude, regardless of whether
				the matter is under appeal by the applicant.
b. Disciplinary action taken against any
				professional license, registration or certification held by the applicant by
				applicable governmental authority of any state, territory or political
				subdivision of the United States or any other jurisdiction.
c. Whether an applicant has been guilty of
				conduct or practices in this state or elsewhere which would constitute grounds
				for disciplinary action under the Board's laws, rules and/or
				regulations.
d. Civil lawsuits and
				administrative action bearing upon moral character such as fraud,
				misrepresentation, theft, assault and battery.
e. The applicant's prior history of
				unlicensed practice of a regulated profession in this state.
f. Conduct that violates any of the
				provisions in the code of ethical standards established by the National
				Association of Social Workers, the American Association of Marriage and Family
				Therapy and/or other standards adopted by the Board.
g. Conduct involving dishonesty, fraud, or
				attempted deception.
h. Conduct
				involving misrepresentation.
i.
				Conduct that would adversely reflect on a person's fitness to perform as a
				social worker or marriage and family therapist.
4. In determining a person's good moral
				character when there is evidence of the conduct described above in subsection 3
				of this Rule, the Board will also consider the following factors:
a. The nature of the criminal offense(s) or
				conduct which gave rise to the disciplinary, civil or administrative
				action.
b. The age of the applicant
				at the time of the criminal conviction(s) or conduct which gave rise to the
				disciplinary, civil or administrative action.
c. The number of criminal convictions or
				number of disciplinary, civil or administrative actions taken against the
				applicant.
d. The nature and
				severity of the sentence or sanction imposed for each criminal conviction that
				gave rise to the disciplinary, civil or administrative action.
e. Whether the probation period given in a
				conviction has been completed and fully satisfied to include fines, court
				costs, and other conditions of probation.
f. Whether restitution ordered by a court in
				a criminal conviction or civil judgments has been fully satisfied.
g. The date of the criminal conviction(s) or
				date of the disciplinary action. Whether more than ten (10) years have elapsed
				from the satisfaction of the terms of any order, judgment, or restitution
				agreement relating to criminal, administrative or civil action unless the
				conduct is felonious in nature.
h.
				The burden of demonstrating that the applicant possesses the good moral
				character required for licensure shall rest with the applicant.