HB1606 (As Introduced) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Judiciary A

By: Representatives Hudson, Nettles

House Bill 1606

AN ACT TO AMEND SECTIONS 73-1-27, 73-2-15, 73-3-123, 73-4-17, 73-5-29, 73-6-17, 73-7-29, 73-9-43, 73-10-21, 73-11-56, 73-13-25, 73-13-85, 73-14-31, 73-15-19, 73-15-21, 73-15-27, 73-17-11, 73-19-21, 73-21-91, 73-23-57, 73-24-29, 73-25-14, 73-27-9, 73-27-12, 73-29-23, 73-30-9, 73-30-29, 73-31-9, 73-33-7, 73-34-45, 73-35-17, 73-36-23, 73-38-31, 73-39-21, 73-53-15, 73-54-27, 73-55-13, 73-57-29, 73-59-3, 73-63-37, 83-17-419, 83-18-3 AND 83-39-11, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE PRORATING OF PROFESSIONAL LICENSE FEES PAID FOR PERIODS OF TIME LESS THAN THE ENTIRE LICENSING PERIOD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-1-27, Mississippi Code of 1972, is amended as follows:

73-1-27. Every registered architect who resides in this state and desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee of not to exceed Four Hundred Dollars ($400.00) and every registered architect residing out of this state who desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee of not to exceed Four Hundred Dollars ($400.00), and the secretary shall thereupon issue to such registered architect a certificate of renewal of his registration for a term of two (2) years. Upon failure to have his certificate renewed during the month of November as provided by this section, the holder thereof shall have his certificate revoked, but the failure to renew said registration in ample time shall not deprive him of the right to renewal upon payment of said fee, provided his application for reinstatement is made within two (2) years after the expiration of his certificate. On all applications for reinstatement made after January 1 of the year immediately succeeding the year in which the fee is due, there shall be a late charge of Five Dollars ($5.00) per month charged for the processing of such application.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 2. Section 73-2-15, Mississippi Code of 1972, is amended as follows:

73-2-15. The board shall require that every landscape architect shall pay a biennial license renewal fee set by the board not in excess of Two Hundred Dollars ($200.00). 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 the thirty-first day of January of such year, and if the renewal fee is not paid before it becomes delinquent, a penalty fee of Five Dollars ($5.00) shall be added to the amount thereof per month. If the renewal fee and penalty are not paid before the first day of June in the year in which they become due, the landscape architect's certificate shall be suspended. The certificate may be reinstated upon the payment of the renewal fee, the penalty fees and a reinstatement fee of Fifty Dollars ($50.00), and provision of such proof of the landscape architect's qualifications as may be required in the sound discretion of the board.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

The board shall send a receipt to each landscape architect promptly upon payment of the renewal fee.

The board may recognize, prepare or administer continuing education programs for landscape architects as a basis for license renewal.

The board shall adopt an appropriate seal for use by licensed landscape architects.

SECTION 3. Section 73-3-123, Mississippi Code of 1972, is amended as follows:

73-3-123. Each member of the bar shall, unless exempt by virtue of Section 73-3-125, pay enrollment fees each year in an amount as established by the Board of Commissioners, but not to exceed the sum of Two Hundred Dollars ($200.00) until August 1, 1997, and not to exceed Two Hundred Twenty-five Dollars ($225.00) thereafter until August 1, 1999, and not to exceed Two Hundred Fifty Dollars ($250.00) thereafter for those members admitted to practice law for three (3) years or more; and One Hundred Ten Dollars ($110.00) for those members admitted to practice law for one (1) year, but less than three (3) years; and Fifty Dollars ($50.00) for those members admitted to practice law less than one (1) year; and Fifty Dollars ($50.00) for those members on inactive status. All enrollment fees shall be paid for the same period, that is, for the period of one (1) year beginning on the day and month to be determined as provided in Section 73-3-127. The enrollment fees shall be paid to the secretary of the bar.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 4. Section 73-4-17, Mississippi Code of 1972, is amended as follows:

73-4-17. There shall be three (3) classes of auctioneers' licenses, which shall be livestock auctioneer, auctioneer and auction gallery. All applicants for a license under this chapter shall possess the following minimum qualifications:

(a) Applicants shall have attained the age of eighteen (18) years by the issuance date of the license.

(b) Applicants shall have obtained at a minimum a high school diploma or G.E.D. equivalent and shall be graduates of an auctioneering school approved by the commission.

(c) Each applicant for a license under this chapter shall demonstrate to the commission that he is of good moral character and worthy of public trust through background information to be provided on his application form and two (2) letters of reference from persons not related to the applicant who have known the applicant at least three (3) years. The commission may require additional information or a personal interview with the applicant to determine if such applicant should be granted a license.

(d) Each applicant for a license under this chapter shall take and successfully complete an examination as prescribed by the commission. The examination shall include questions on ethics, reading comprehension, writing, spelling, elementary arithmetic, elementary principals of land economics, general knowledge of bulk sales law, contracts of sale, agency, leases, brokerage, knowledge of various goods commonly sold at auction, ability to call bids, knowledge of sale preparation and proper sale advertising and sale summary, and knowledge of the provisions of this chapter and the commission's rules and regulations. There shall be separate examinations for auctioneer and auction gallery each based upon relevant subject matter appropriate to the license classification as set forth herein. Examinations shall be administered at least once a year and may be administered quarterly at the commission's discretion provided there are at least twenty-five (25) examinees. The commission shall ensure that the various forms of the test remain secure.

(e) In order to defray the cost of administration of the examinations, applicants for the examination shall pay fees as follows:

(i) Auctioneer - $100.00.

(ii) Auction gallery - $100.00.

(iii) Livestock auctioneer - $100.00.

(f) Each applicant desiring to sit for the examination for any license required under this chapter shall be required to furnish to the commission at least thirty (30) days prior to the examination evidence of a surety bond in the following minimum amounts:

(i) Auctioneer - $10,000.00.

(ii) Auction gallery - $10,000.00.

(iii) Livestock auctioneer - $10,000.00.

(g) In addition to the bond required herein, applicants for the auction gallery license shall furnish the commission with all relevant information concerning the premises to be licensed, to include location, whether the premises are owned or leased, and an affidavit that the proposed use of the premises as an auction gallery does not violate zoning or any other use restrictions. A separate license shall be required for each business location of the owner of multiple auction galleries.

(h) All licenses granted pursuant to this chapter shall be for a term of two (2) years and shall expire on the first day of March at the end of such two-year term. Biannual license fees shall be set from time to time by the commission with a maximum fee of Two Hundred Dollars ($200.00). Individuals failing to submit license renewal fees on or before March 1 of the year for renewal shall be required to successfully pass the next administration of the examination in order to renew a license.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 5. Section 73-5-29, Mississippi Code of 1972, is amended as follows:

73-5-29. The fee for taking an examination as a registered barber shall be in the sum of not more than Forty Dollars ($40.00), and the further sum of not more than Twenty-five Dollars ($25.00) shall be required for the issuance of a certificate for the registered barber. The fee for taking an examination as a registered barber instructor shall be in the sum of not more than Forty Dollars ($40.00), and the further sum of not more than Thirty Dollars ($30.00) shall be required for the issuance of a certificate of registration for the registered barber instructor. A fee of not more than One Hundred Dollars ($100.00) shall be required for the issuance of a certificate of registration to a practicing barber of another state as authorized by Section 73-5-21. Likewise, an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber of not more than Twenty-five Dollars ($25.00) shall be charged for the issuance of the renewal of the certificate; an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber instructor of not more than Thirty Dollars ($30.00) shall be charged for the issuance of the renewal of the certificate; however, the renewal fee for a registered barber who is sixty-five (65) years of age or older shall be not more than Twenty Dollars ($20.00). A fee of Ten Dollars ($10.00) for each year or any portion thereof in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of expired certificates of registration issued pursuant to this chapter. Additionally, in order to restore any certificate of registration issued pursuant to this chapter which has been expired for a period of five (5) years or longer, the holder thereof must retake and pass the appropriate examination. A penalty of Ten Dollars ($10.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have expired for a period of thirty (30) to sixty (60) days. A penalty of Twenty-five Dollars ($25.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have been expired for a period greater than sixty (60) days.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

The board is hereby authorized to adopt and spread upon its minutes the rules and regulations for the issuance of a duplicate certificate for which a fee of not more than Three Dollars ($3.00) may be charged. However, each duplicate certificate issued shall have stamped across its face the word "duplicate" and shall bear the number of the original certificate in lieu of which it is issued.

SECTION 6. Section 73-6-17, Mississippi Code of 1972, is amended as follows:

73-6-17. The State Board of Chiropractic Examiners shall charge the following fees for application, examination and issuance of certificates: application, Twenty-five Dollars ($25.00); examination and issuance of certificate, One Hundred Twenty-five Dollars ($125.00) for an applicant who is a resident of Mississippi; and not more than One Hundred Fifty Dollars ($150.00) to cover the additional expense of investigating the application for a nonresident of Mississippi; provided, however, that resident and nonresident applicants shall have first successfully completed parts 1, 2, 3 and 4 and the physical modality section of the examination prepared by the National Board of Chiropractic Examiners.

Every registered chiropractor in order to continue the practice of chiropractic shall pay biennially to the secretary of the board a registration renewal fee of not more than Two Hundred Dollars ($200.00) and, in addition to such renewal fee, shall be required to file with the secretary of the board a certificate, certified by a state board and state association, verifying his attendance at a course of study approved by the board consisting of not less than twenty-four (24) hours of instruction in the latest developments in the practice of chiropractic of which at least six (6) hours shall be instruction in the subject of risk management. Provided, that any chiropractor who has reached the age of seventy-five (75) years and is not participating in an active practice shall not be required to pay said renewal fee or submit the twenty-four (24) hours of continuing education. Any chiropractor who has received a certificate of licensure in this state under the provisions of Section 73-6-21 shall be in good standing in the state of his original licensure in order to renew his certificate in this state, and the board shall refuse to renew the certificate of any such chiropractor whose license has been suspended or revoked for cause in the state of his original licensure. In case of failure to pay the renewal fee, the board may revoke such certificate after giving sixty (60) days' notice to the holder who, within such period, may renew such certificate upon payment of the delinquent fee with a special processing charge of not more than Three Hundred Dollars ($300.00). Lack of participation in active practice for a period of less than two (2) years, except when a doctor is in active military duty, shall not deprive the holder of the right to renew such certificate, without examination, upon the payment of all lapsed fees and proof of required continuing education hours.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 7. Section 73-7-29, Mississippi Code of 1972, is amended as follows:

73-7-29. The board shall assess fees in the following amounts and for the following purposes:

(a) Application for examination and reexamination -

Cosmetologist, manicurist, esthetician

or wig specialist $ 35.00

(b) Application for in-state

instructor-examination and

reexamination 50.00

instructor-examination, processing 55.00

(d) Cosmetologist, manicurist, esthetician,

or wig specialist license, original and renewal 25.00

(e) Master cosmetologist license 35.00

(f) Cosmetologist, manicurist, esthetician,

or wig specialist by reciprocity, processing 55.00

(g) Instructor license, original and renewal 40.00

(h) Delinquent renewal penalty -

Cosmetologist, manicurist, esthetician,

wig specialist and instructor:

60 days to 1 year 25.00

plus license fee

Over 1 year to 3 years, per year 50.00

plus license fee

(i) Salon application 50.00

(j) Salon reinspection 35.00

(k) Salon change of ownership or location

or both 50.00

(l) Salon license renewal 30.00

(m) Salon delinquent renewal penalty -

60 days to 1 year 25.00

plus license fee

Over 1 year 45.00

plus license fee

(n) Application for a new school 300.00

(o) New school reinspection 100.00

(p) School change of ownership 300.00

(q) School relocation 300.00

(r) School license renewal 75.00

(s) School delinquent renewal penalty -

60 days to 1 year 100.00

plus license fee

(t) Duplicate license or lost renewal form 10.00

(u) Penalty for insufficient fund checks 20.00

(v) Affidavit processing 15.00

The board may charge additional fees for services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 8. Section 73-9-43, Mississippi Code of 1972, is amended as follows:

73-9-43. (1) The secretary shall collect in advance all fees provided for in this chapter as established by the board, not to exceed:

Application for dental license $400.00

Application for specialty certificate 400.00

Application for dental hygienist license 200.00

Application for institutional, teaching

or provisional license 50.00

Application for general anesthesia permit 200.00

Application for I.V. sedation permit 200.00

Application for radiology permit 40.00

Annual dentist registration 200.00

Annual specialty registration 100.00

Annual dental hygienist registration 100.00

Annual institutional, teaching or

provisional registration 200.00

Annual anesthesia/sedation permit

registration 100.00

Annual radiology permit registration 20.00

Duplicate license 40.00

Certificate of recommendation 40.00

Certified copy of license 40.00

Handling fee for nonsufficient-funds checks 50.00

The payment of annual dentist registration fees shall be optional with all dentists over the age of seventy (70) years.

(2) The board may enact and enforce for delinquency in payment for any fees set out in this section a penalty in addition to the fee of an amount up to but not in excess of the fee. An additional fee of an amount equal to the first penalty may be assessed for each thirty (30) days, or part thereof, of delinquency. If any licensed and registered dentist or dental hygienist should be delinquent in payment of registration fees for a period as long as ninety (90) days, such person shall be presumed to be no longer practicing and shall be stricken from the rolls, and in order to practice his or her profession in this state thereafter may, at the discretion of the board, be considered as a new applicant and subject to examination and other licensing requirements as an original applicant.

(3) The secretary shall faithfully account for all monies received by the board. All fees and any other monies received by the board, except monetary penalties collected under Section 73-9-61, shall be deposited in a special fund that is 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. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the president, secretary or administrative officer of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

(4) It shall be the duty of the State Auditor to audit the financial affairs of the board, the transactions involving the special fund and the books of the secretary of the board at least once a year in the same manner as for other special fund agencies, and at any time requested to do so by a majority of the board casting their vote for such audit and while in a lawfully called meeting. The report of the State Auditor shall be incorporated in the minute book of the board.

(5) All fees collected from applicants, duplicate licenses, certificates of recommendation and certified copies of licenses shall be distributed among the members of the board in such proportion as to allow the secretary twice the remuneration each of the other seven (7) members receive as their compensation for examining applicants for licensure. Provided, however, that for examining applicants for licensure the secretary shall receive no more than Twenty-four Hundred Dollars ($2400.00) per year and no other member shall receive more than Twelve Hundred Dollars ($1200.00) per year. The receipt of said compensation shall not entitle members of the board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Provided further, that any fees or income other than the maximum allowable for examining applicants for licensure as set out above shall be accounted for and may be used as needed in carrying out the provisions of this chapter.

(6) Fees collected from annual registration shall be used to maintain an office adequately staffed insofar as funds are available and provide other services as may be needed for carrying out the powers and duties of the board within the provisions of this chapter. Fees collected from annual registration shall also be used to pay the per diem and defray the expense of members of the board for attendance at meetings other than those for the purpose of examining applicants for licenses. The payment of per diem and expense for attending said board meetings shall be in addition to the compensation permitted above for examining applicants for licensure, and the per diem shall not exceed the amount provided in Section 25-3-69.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 9. Section 73-10-21, Mississippi Code of 1972, is amended as follows:

73-10-21. (1) Rules, regulations and standards.

(a) The board is hereby empowered, authorized and directed to adopt, amend, promulgate and enforce such rules, regulations and standards governing dietitians as may be necessary to further the accomplishment of the purpose of the governing law, and in so doing shall utilize as the basis thereof the corresponding recommendations of the advisory council. The rules, regulations and minimum standards for licensing of dietitians may be amended by the board as deemed necessary. In so doing, the board shall utilize as the basis thereof the corresponding recommendations of the advisory council.

(b) The board shall publish and disseminate to all licensees, in appropriate manner, the licensure standards prescribed by this chapter, any amendments thereto, and such rules and regulations as the board may adopt under the authority vested by Section 73-38-13, within sixty (60) days of their adoption.

(2) The board shall adopt a code of ethics for dietitians using as the basis thereof the ADA "Standards of Professional Responsibility."

(3) Issuance and renewal of licenses.

(a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee prescribed.

(b) Licenses under this chapter shall be valid for two (2) calendar years and shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board, upon the payment of a biennial renewal fee to be set at the discretion of the board, but not to exceed One Hundred Dollars ($100.00), and the presentation of evidence satisfactory to the board that the licensee has met such continuing education requirements as the board may require. An applicant for license renewal shall demonstrate to the board evidence of satisfactory completion of the continuing education requirements established by the American Dietetic Association and/or other continuing education requirements as may be required by the board.

(c) The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than one (1) year after its expiration.

(d) A suspended license shall be subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.

(4) Denial or revocation of license.

(a) The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such conduct includes:

(i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(ii) Being guilty of unprofessional conduct as defined by the rules and established by the board or violating the Code of Ethics of the American Dietetic Association;

(iii) Being convicted of a crime in any court other than a misdemeanor;

(iv) Violating any lawful order, rule or regulation rendered or adopted by the board; or

(v) Violating any provision of this chapter.

(b) Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.

(c) In addition to the reasons specified in paragraph (a) of this subsection (4), the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-1-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

(5) Establish fees.

(a) A person licensed under this chapter shall pay to the board a fee, not to exceed One Hundred Dollars ($100.00), to be set by the board for the issuance of a license.

(b) Such fees shall be set in such an amount as to reimburse the state to the extent feasible for the cost of the services rendered.

(c) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

(6) Collect funds.

(a) 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 in administering this chapter.

(b) The board shall receive and account for all funds received and shall keep such funds in a separate fund.

(c) Funds collected under the provisions of this chapter shall be used solely for the expenses of the advisory council and the board to administer the provisions of this chapter. Such funds shall be subject to audit by the State Auditor.

(d) Members of the advisory council shall receive no compensation for services performed on the council, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings of the council or for authorized business of the council from funds made available for such purpose, as provided in Section 25-3-41.

(7) Receive and process complaints.

(a) The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice dietetics, with the advice of the advisory council.

(b) The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter, and in so doing shall have power to seek injunctive relief to prohibit any person from providing professional dietetic services as defined in Section 73-10-3(1)(j) without being licensed as provided herein.

(8) A license certificate issued by the board is the property of the board and must be surrendered on demand.

SECTION 10. Section 73-11-56, Mississippi Code of 1972, is amended as follows:

73-11-56. On or before October 1 of each year, the board shall determine the amount of funds that will be required during the next ensuing two (2) years to properly administer the laws which the board is directed to enforce and administer and by rule and regulation shall fix fees in such reasonable sums as may be necessary for such purposes within the following limitations:

Funeral establishment:

Application fee, not more than $150.00

Inspection fee, not more than $ 75.00

Funeral establishment license fee, not more than $150.00

Branch establishment license fee, not more than $150.00

Commercial mortuary service license fee, not

more than $150.00

Renewal application and license fee, not more

than $300.00

Special work permit $150.00

Funeral Service:

Application fee, not more than $ 50.00

Reciprocal application fee, not more than $100.00

License fee, not more than $ 75.00

Renewal license fee, not more than $ 75.00

Work permit, not more than $ 50.00

Examination fee Cost of the examination

Funeral Director:

Application fee, not more than $ 50.00

Reciprocal application fee, not more than $100.00

License fee, not more than $ 50.00

Renewal license fee, not more than $ 50.00

Work permit, not more than $ 50.00

Examination fee Cost of the examination

Resident trainee certificate:

Funeral service application fee, not more than $ 50.00

Funeral director application fee, not more than $ 50.00

Funeral service renewal application fee,

not more than $ 50.00

Funeral director renewal application fee,

not more than $50.00

Other fees:

Duplicate license fee, not more than $ 25.00

Reinstatement of lapsed license fee, not more than

one-half (1/2) of the applicable license fee.

Late fees, not more than one-half (1/2) of the

applicable license fee.

At least thirty (30) days prior to the expiration date of any license issued by the board, the board shall notify the licensee of the applicable renewal fee therefor.

The fees established by the board under this section immediately before July 1, 1991, shall continue in effect until such fees are fixed by the board by rules and regulations as provided in this section.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 11. Section 73-13-25, Mississippi Code of 1972, is amended as follows:

73-13-25. Applications for enrollment as an engineer intern or for registration as a professional engineer shall be on the forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and detailed summary of the applicant's qualifying experience. Applications for registration or reregistration as a professional engineer shall also contain not less than five (5) references, of whom three (3) or more shall be engineers having personal knowledge of the applicant's engineering experience.

The application fee for registration or reregistration as a professional engineer shall be determined by the board but shall not exceed Seventy-five Dollars ($75.00), which fee shall accompany the application.

The application fee for enrollment as an engineer intern shall be determined by the board but shall not exceed Twenty-five Dollars ($25.00), which fee shall accompany the application.

Whenever an applicant is cited to an examination or reexamination, an additional fee equal to the actual cost of the examination shall be paid by the applicant.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 12. Section 73-13-85, Mississippi Code of 1972, is amended as follows:

73-13-85. Certificates of registration shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the board to notify every person registered under Sections 73-13-71 through 73-13-97 of the date of the expiration of his certificate and the amount of the fee that shall be required for its renewal for one (1) year; such notice shall be sent by first class mail to the last known address of the registrant at least one (1) month in advance of the date of the expiration of said certificate. Renewal may be effected at any time during the month of December by the payment of a fee not to exceed Fifty Dollars ($50.00). A person who is registered as a professional land surveyor and as a professional engineer may effect both renewals by the payment of a single fee not to exceed Seventy-five Dollars ($75.00). The failure on the part of any registrant to renew his certificate annually in the month of December as required above shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a certificate after the month of December shall be increased ten percent (10%) for each month that payment of renewal is delayed.

If the registrant shall fail to renew his certificate within five (5) years from the date of expiration, he must pay the back fees and be reexamined by the board in principles and practice before his certificate will be reissued. The reexamination may be waived by the board provided the applicant has continued to practice under another jurisdiction from the date of expiration of his certificate.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 13. Section 73-14-31, Mississippi Code of 1972, is amended as follows:

73-14-31. A person who practices the fitting and dispensing of hearing aids shall biennially pay to the board a fee of Two Hundred Dollars ($200.00) for a renewal of his license. A grace period of thirty (30) days shall be allowed after the expiration of a license, during which the same may be renewed on payment of a fee of Two Hundred Dollars ($200.00) to the board. The license of any person who fails to have his license renewed by the expiration of the grace period of thirty (30) days shall be considered to have lapsed. After the expiration of the grace period, the board may reinstate a license upon payment of a fee of Two Hundred Fifty Dollars ($250.00) to the board. No person who applies for reinstatement, whose license was suspended for the sole reason of failure to renew, shall be required to submit to any examination as a condition of reinstatement, provided such person applies for reinstatement within one (1) year from the date of lapse of the license.

The board shall require the applicant for license renewal to present evidence of the satisfactory completion of continuing education requirements as determined by the board.

In the event that any licensee shall fail to meet the annual educational requirement, his license shall not be renewed by the board, but the board may renew the license upon the presentation of satisfactory evidence of educational study of a standard approved by the board and upon the payment of all fees due. No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 14. Section 73-15-19, Mississippi Code of 1972, is amended as follows:

73-15-19. (1) Registered nurse applicant qualifications. Any applicant for a license to practice as a registered nurse shall submit to the board:

(a) An attested written application on a board of nursing form;

(b) Written official evidence of completion of a nursing program approved by the Board of Trustees of State Institutions of Higher Learning, or one approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to this board;

(d) Any other official records required by the board.

The board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this chapter.

(2) Licensure by examination.

(a) Upon the board being satisfied that an applicant for a license as a registered nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to examine such applicant in such subjects as the board shall, in its discretion, determine. The subjects in which applicants shall be examined shall be in conformity with curricula in schools of nursing approved by the Board of Trustees of State Institutions of Higher Learning, or one approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to the board.

(b) The applicant shall be required to pass the written examination as selected by the board.

(c) Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a registered nurse.

(d) The board may use any part or all of the state board test pool examination for registered nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules. The passing score shall be established by the board in its rules.

(3) Licensure by endorsement. The board may issue a license to practice nursing as a registered nurse without examination to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed registered nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state, at the time of his or her graduation.

(4) Requirements for rewriting the examination. The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent rewriting.

(5) Fee. The applicant applying for a license by examination or by endorsement to practice as a registered nurse shall pay a fee not to exceed One Hundred Dollars ($100.00) to the board. The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

(6) Temporary permit.

(a) The board may issue a temporary permit to practice nursing to a graduate of an approved school of nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or District of Columbia, or pending licensure procedures as provided for elsewhere in this chapter. The fee shall not exceed Twenty-five Dollars ($25.00).

(b) The board may issue a temporary permit for a period of ninety (90) days to a registered nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement. Such permit is not renewable except by board action.

(c) The board may issue a temporary permit to a graduate of an approved school of nursing pending the results of the first licensing examination scheduled after application. Such permit is not renewable except by board action.

(d) The board may issue a temporary permit for a period of thirty (30) days to any registered nurse during the time enrolled in a nursing reorientation program. This time period may be extended by board action. The fee shall not exceed Twenty-five Dollars ($25.00).

(e) The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.

(7) Temporary license. The board may issue a temporary license to practice nursing at a youth camp licensed by the State Board of Health to nonresident registered nurses and retired resident registered nurses under the provisions of Section 75-48-8.

(8) Title and abbreviation. Any person who holds a license to practice as a registered nurse in this state shall have the right to use the title "registered nurse" and the abbreviation "R.N." No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that the person using the same is a registered nurse.

(9) Registered nurses licensed under a previous law. Any person holding a license to practice nursing as a registered nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a registered nurse under the provisions of this chapter upon payment of the fee provided in Section 73-15-27.

(10) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 15. Section 73-15-21, Mississippi Code of 1972, is amended as follows:

73-15-21. (1) Licensed practical nurse applicant qualifications. Any applicant for a license to practice practical nursing as a licensed practical nurse shall submit to the board:

(a) An attested written application on a Board of Nursing form;

(b) A diploma from an approved high school or the equivalent thereof, as determined by the appropriate educational agency;

(c) Written official evidence of completion of a practical nursing program approved by the State Department of Education through its Division of Vocational Education, or one approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to this board;

(d) Evidence of competence in English related to nursing, provided the first language is not English;

(e) Any other official records required by the board.

(2) Licensure by examination.

(a) Upon the board being satisfied that an applicant for a license as a practical nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to examine such applicant in such subjects as the board shall, in its discretion, determine. The subjects in which applicants shall be examined shall be in conformity with curricula in schools of practical nursing approved by the State Department of Education.

(b) The applicant shall be required to pass the written examination selected by the board.

(c) Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a licensed practical nurse.

(d) The board may use any part or all of the state board test pool examination for practical nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules. The passing score shall be established by the board in its rules.

(3) Licensure by endorsement. The board may issue a license to practice practical nursing as a licensed practical nurse without examination to an applicant who has been duly licensed as a licensed practical nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state at the time of his or her graduation.

(4) Licensure by equivalent amount of theory and clinical experience. In the discretion of the board, former students of a state accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.

(5) Requirements for rewriting the examination. The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent writing.

(6) Fee. The applicant applying for a license by examination or by endorsement to practice as a licensed practical nurse shall pay a fee not to exceed Sixty Dollars ($60.00) to the board. The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

(7) Temporary permit.

(a) The board may issue a temporary permit to practice practical nursing to a graduate of an approved school of practical nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or the District of Columbia, pending licensing procedures as provided for elsewhere in this chapter. The fee shall not exceed Twenty-five Dollars ($25.00).

(b) The board may issue a temporary permit for a period of ninety (90) days to a licensed practical nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement. Such permit is not renewable except by board action.

(c) The board may issue a temporary permit to a graduate of an approved practical nursing education program or an equivalent program satisfactory to the board pending the results of the first licensing examination scheduled after application. Such permit is not renewable except by board action.

(d) The board may issue a temporary permit for a period of thirty (30) days to any licensed practical nurse during the time enrolled in a nursing reorientation program. This time period may be extended by board action. The fee shall not exceed Twenty-five Dollars ($25.00).

(e) The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.

(8) Title and abbreviation. Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N." No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that a person using the same is a licensed practical nurse.

(9) Licensed practical nurses licensed under a previous law. Any person holding a license to practice nursing as a practical nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a practical nurse under the provisions of this chapter upon payment of the fee prescribed in Section 73-15-27.

(10) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 16. Section 73-15-27, Mississippi Code of 1972, is amended as follows:

73-15-27. The license of every person licensed under the provisions of this chapter shall be renewed biennially except as hereinafter provided:

(a) Registered nurses:

(i) The license to practice as a registered nurse shall be valid for two (2) calendar years, beginning January 1 of each uneven-numbered year and expiring December 31 in each even-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.

(ii) An application for renewal of licensure will be mailed by the board on or before November 1 of the year the license expires to every person to whom a license was issued or renewed during the biennial period. Such application shall be completed and returned to the board by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed Fifty Dollars ($50.00).

(iii) Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the ensuing period of two (2) years. Such renewal shall render the holder thereof the right to practice as a registered nurse.

(iv) A registered nurse may request in writing to the board that his or her license be placed on inactive status. The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such registered nurse while on inactive status. A biennial renewal fee for inactive registered nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).

(v) Any registered nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a registered nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.

(vi) Any registered nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board on satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of a reinstatement fee not to exceed One Hundred Dollars ($100.00) which shall not include the renewal fee for the current biennial period. Any registered nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.

(vii) Any person practicing as a registered nurse during the time his or her license has lapsed shall be considered in violation of this chapter and shall be subject to the penalties provided for violation of this chapter, provided the registered nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.

(b) Licensed practical nurses:

(i) The license to practice as a licensed practical nurse shall be valid for two (2) calendar years, beginning January 1 of each even-numbered year and expiring December 31 in each uneven-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.

(iv) A licensed practical nurse may request in writing to the board that his or her license be placed on inactive status. The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such licensed practical nurse while on inactive status. A biennial renewal fee for inactive licensed practical nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).

(v) Any licensed practical nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a licensed practical nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.

(vi) Any licensed practical nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board upon satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of the reinstatement fee not to exceed One Hundred Dollars ($100.00), which shall not include the renewal fee for the current biennial period. Any licensed practical nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.

(vii) Any person practicing as a licensed practical nurse during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violation of this chapter, provided the licensed practical nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 17. Section 73-17-11, Mississippi Code of 1972, is amended as follows:

73-17-11. (1) From and after July 1, 1983, in order to be eligible to be licensed as a nursing home administrator an individual must submit evidence satisfactory to the board that he/she:

(a) Is at least twenty-one (21) years of age;

(b) Is of good moral character;

(d) Is a high school graduate or the equivalent;

(e) For initial licensure on or after July 1, 1988, has an associate degree from an accredited institution, or at least sixty-four (64) semester hours of college work from an accredited institution, or at least one (1) year of supervisory or administrative responsibilities in a licensed acute or long-term health care facility within the twelve (12) months before making application; and

(f) Has successfully passed examinations administered by the board to test his proficiency and basic knowledge in the area of nursing home administration.

The board is hereby authorized to establish the frequency of the offering of such examinations and the contents thereof.

(2) Reciprocity shall be extended to individuals holding licenses as nursing home administrators in other states, upon proper application and a finding on the part of the board that (a) the applicant possesses the basic qualifications listed in this chapter, and (b) that the standards and requirements of the licensing jurisdiction under which he holds a license are no less stringent than those of the State of Mississippi, and (c) that such licensing jurisdiction extends reciprocity to licensees of the State of Mississippi under reasonable terms and conditions.

(3) The board is hereby authorized to prescribe appropriate fees for the taking of such examinations and for the issuance of licenses. Such fees shall be not more than Three Hundred Twenty-five Dollars ($325.00) for taking the examinations and Three Hundred Fifty Dollars ($350.00) for the issuance of a license. Provided, however, that said fee for an initial license may be prorated in proportion to the period of time from the date of issuance and the date of biennial license renewal prescribed in subsection (4). All licenses issued hereunder shall be for a maximum period of two (2) years.

(4) The board may renew licenses on July 1, 1991, and biennially thereafter upon the payment of a fee to be established by the board, which shall be not more than Three Hundred Fifty Dollars ($350.00), plus any administrative costs for late payment.

(5) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

(6) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 18. Section 73-19-21, Mississippi Code of 1972, is amended as follows:

73-19-21. Said board shall charge the following fees for examination, registrations and renewals of certificates: The sum of not more than Two Hundred Dollars ($200.00) for an examination of an applicant who is a resident of Mississippi and not more than Three Hundred Dollars ($300.00) for a nonresident of Mississippi to cover the additional expenses of checking references, character and other statements contained in the application. Every registered optometrist who desires to continue the practice of optometry shall, biennially, on or before January 1, pay to the secretary of the board a renewal registration fee of not more than Four Hundred Dollars ($400.00) for which he shall receive a renewal of his certificate. The board, in its discretion, may set the renewal registration fee at different amounts for registered optometrists, for registered optometrists certified to use diagnostic pharmaceutical agents, and for registered optometrists certified to use diagnostic and therapeutic pharmaceutical agents, not to exceed the maximum amount prescribed in this section.

In case of neglect to pay the renewal registration fee herein specified, the board may revoke such certificate and the holder thereof may be reinstated by complying with the conditions specified in this chapter. But no certificate or permit shall be revoked without giving sixty (60) days' notice to the delinquent, who, within such period shall have the right of renewal of such certificate on payment of the renewal fee with a penalty of not more than Fifteen Dollars ($15.00), provided, that retirement from practice for a period not exceeding five (5) years shall not deprive the holder of said certificate of the right to renew his certificate on the payment of all lapsed fees. The board shall adopt a seal and certificate of suitable design and shall conduct its examination at Jackson, in this state. Its permanent records shall be kept in the office of the secretary, which records shall be open to public inspection.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 19. Section 73-21-91, Mississippi Code of 1972, is amended as follows:

73-21-91. (1) Every pharmacist shall renew his license biennially. To renew his license, a pharmacist shall:

(a) Submit an application for renewal on the form prescribed by the board;

(b) Submit satisfactory evidence of the completion in the last licensure period of such continuing education units as shall be required by the board, but in no case less than two (2) continuing education units in the last licensure period;

(c) Pay such renewal fees as required by the board, not to exceed Two Hundred Dollars ($200.00) for each biennial licensing period, provided that the board may add a surcharge of not more than Five Dollars ($5.00) to a license renewal fee to fund a program to aid impaired pharmacists or pharmacy students. Any pharmacist license renewal received postmarked after December 31 of the renewal period will be returned and a Fifty Dollars ($50.00) late renewal fee will be assessed prior to renewal.

(2) Any pharmacist who has defaulted in license renewal may be reinstated within two (2) years upon payment of renewal fees in arrears and presentation of evidence of the required continuing education. Any pharmacist defaulting in license renewal for a period in excess of two (2) years shall be required to successfully complete the examination given by the board pursuant to Section 73-21-85 before being eligible for reinstatement as a pharmacist in Mississippi, or shall be required to appear before the board to be examined for his competence and knowledge of the practice of pharmacy, and may be required to submit evidence of continuing education. If such person is found fit by the board to practice pharmacy in this state, the board may reinstate his license to practice pharmacy upon payment of all renewal fees in arrears.

(3) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

(4) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 20. Section 73-23-57, Mississippi Code of 1972, is amended as follows:

73-23-57. (1) Every licensed physical therapist and physical therapist assistant shall apply to the department for a renewal of licensure in a manner prescribed by the rules and regulations of the board, and pay the prescribed fee, not to exceed Seventy-five Dollars ($75.00) per year, or One Hundred Fifty Dollars ($150.00) every two (2) years. Licenses that are not so renewed shall automatically lapse.

(2) The manner in which lapsed licenses shall be revived or extended shall be established by the department.

(3) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 21. Section 73-24-29, Mississippi Code of 1972, is amended as follows:

73-24-29. (1) The board is empowered to prescribe and publish reasonable fees for the following purposes:

(a) Application fee which is nonrefundable;

(b) Initial license fee;

(d) Late renewal fee;

(e) Limited permit fee;

(f) Reinstatement of license fee;

(g) Inactive license fee.

(2) Such fees shall be commensurate to the extent feasible with the cost of fulfilling the duties of the board and council as defined by this chapter; however, no individual fee shall exceed One Hundred Fifty Dollars ($150.00).

(3) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 22. Section 73-25-14, Mississippi Code of 1972, is amended as follows:

73-25-14. (1) The license of every person licensed to practice medicine or osteopathy in the State of Mississippi shall be renewed annually.

On or before May 1 of each year, the State Board of Medical Licensure shall mail an application for renewal of license to every physician or osteopath to whom a license was issued or renewed during the current licensing year. The applicant shall complete the application and return it to the board before June 30 with the renewal fee of an amount established by the board, but not to exceed One Hundred Dollars ($100.00). The payment of the annual license renewal fee shall be optional with all physicians over the age of seventy (70) years. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate or renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. Such renewal shall render the holder thereof a legal practitioner as stated on the renewal form.

(2) Any physician or osteopath practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the Board of Medical Licensure on satisfactory explanation for such failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.

(3) Any physician or osteopath not practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for such failure to renew, by completion of a reinstatement form and upon payment of all arrearages and the renewal fee for the current year.

(4) Any physician or osteopath who allows his license to lapse shall be notified by the Board of Medical Licensure within thirty (30) days of such lapse.

(5) Any person practicing as a licensed physician or osteopath during the time his license has lapsed shall be considered an illegal practitioner and shall be subject to penalties provided for violation of the Medical Practice Act, provided he had not submitted the required reinstatement form and fee within fifteen (15) days after notification by the Board of Medical Licensure of such lapse.

(6) None of the fees or fines provided for in this section shall be applicable to the renewal of a special volunteer medical license authorized under Section 1 of this act.

(7) Fees collected under the provisions of this section shall be used by the board to defray expenses of administering the licensure provisions of the Medical Practice Act (Title 73, Chapter 25, Mississippi Code of 1972).

(8) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 23. Section 73-27-9, Mississippi Code of 1972, is amended as follows:

73-27-9. Any person not exempt from examination under Section 73-27-5, Mississippi Code of 1972, and desiring a license to practice podiatry shall, upon application to the State Board of Medical Licensure and payment of a fee prescribed by the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00), be examined in the following subjects: anatomy, histology, physiology, chemistry, pharmacy, materia medica, therapeutics, bacteriology, pathology, surgery, dermatology, neurology, physical therapy, diagnosis and roentgenology, orthopedics, chiropody and chiropodial surgery, limited in their scope to the treatment of the human foot and leg, and if found qualified shall receive a license. The minimum of requirements for license shall be a general average of seventy-five percent (75%) of all the subjects involved, provided that a grade of not less than sixty percent (60%) be made on any one (1) subject or branch given in the examination held. Applicants examined and being refused a license shall be entitled to reexamination upon payment of an additional fee prescribed by the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00), for each examination.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 24. Section 73-27-12, Mississippi Code of 1972, is amended as follows:

73-27-12. (1) The license of every person licensed to practice podiatry in the State of Mississippi shall be renewed annually.

On or before May 1 of each year, the State Board of Medical Licensure shall mail an application for renewal of license to every podiatrist to whom a license was issued or renewed during the current licensing year. The applicant shall complete the application and return it to the board of medical licensure before June 30 with the renewal fee of an amount established by the board, but not to exceed One Hundred Dollars ($100.00). Upon receipt of the application and fee, the board of medical licensure shall verify the accuracy of the application and issue to applicant a certificate of renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. Such renewal shall render the holder thereof a legal practitioner as stated on the renewal form.

(2) Any podiatrist practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board of medical licensure on satisfactory explanation for such failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.

(3) Any podiatrist not practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for such failure to renew, by completion of a reinstatement form and upon payment of all arrearage and the renewal fee for the current year.

(4) Any podiatrist who allows his license to lapse shall be notified by the board of medical licensure within thirty (30) days of such lapse.

(5) Any person practicing as a licensed podiatrist during the time his license has lapsed shall be considered an illegal practitioner and shall be subject to penalties set forth in Section 73-27-17, Mississippi Code of 1972, provided he has not submitted the required reinstatement form and fee within fifteen (15) days after notification by the board of medical licensure of such lapse.

(6) Fees collected under the provisions of this section shall be used by the board of medical licensure to defray expenses of administering the licensure provisions of Title 73, Chapter 27, Mississippi Code of 1972.

(7) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 25. Section 73-29-23, Mississippi Code of 1972, is amended as follows:

73-29-23. The fee to be paid for an original polygraph examiner's license is Fifty Dollars ($50.00).

The fee to be paid for an internship license is Thirty Dollars ($30.00).

The fee to be paid for the issuance of a duplicate polygraph examiner's license is Ten Dollars ($10.00).

The fee to be paid for a polygraph examiner's renewal license is Fifty Dollars ($50.00).

The fee to be paid for the extension or renewal of an internship license is Twenty-five Dollars ($25.00).

The fee to be paid for a duplicate internship license is Ten Dollars ($10.00).

The fees required by this chapter may be paid by the governmental agency employing the examiner.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 26. Section 73-30-9, Mississippi Code of 1972, is amended as follows:

73-30-9. The board shall issue a license as a licensed professional counselor, without regard to race, religion, sex or national origin, to each applicant who furnishes satisfactory evidence of the following:

(a) The applicant has completed an application on a form prescribed by the board accompanied by a nonrefundable initial licensing fee of One Hundred Dollars ($100.00);

(b) The applicant is at least twenty-one (21) years of age;

(d) The applicant is a resident of or pays income tax in the State of Mississippi;

(e) The applicant is not in violation of any of the provisions of this chapter and the rules and regulations adopted hereunder;

(f) The applicant shall have an earned doctoral degree primarily in counseling, guidance or related counseling field, or have a master's degree or educational specialist's degree from a regionally or nationally accredited college or university program in counselor education or a related counseling program subject to board approval. The master's degree or educational specialist's degree shall consist of a program of not less than sixty (60) acceptable semester hours or ninety (90) acceptable quarter hours. Persons applying for licensure with a master's degree of less than sixty (60) semester hours or ninety (90) quarter hours may complete the additional coursework required without earning an additional degree, provided the coursework is in a regionally or nationally accredited college or university program in counseling or a related field. Proof of same must be submitted in the form of an updated transcript to the board when reapplying for licensure. All applicants shall provide official transcripts of all graduate work;

(g) The applicant must pass the examination approved by the board, as set forth in Section 73-30-7(5);

(h) The applicant has had two (2) years of supervised experience in professional counseling, or its equivalent, acceptable to the board, one (1) year of which may be concurrent with the pursuit of the master's degree program. Applicant shall submit verification of previous employment.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 27. Section 73-30-29, Mississippi Code of 1972, is amended as follows:

73-30-29. The annual renewal of license fee under this chapter shall be Fifty Dollars ($50.00) per year. License renewal fees may be increased by the board as deemed necessary, but may not be increased by more than ten percent (10%) of the previous year's fee. The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 28. Section 73-31-9, Mississippi Code of 1972, is amended as follows:

73-31-9. (1) All fees from applicants seeking licensing under this chapter and all license renewal fees received under this chapter shall be nonrefundable.

(2) The board shall charge an application fee to be determined by the board but not to exceed Three Hundred Dollars ($300.00) to applicants for licensing, and shall charge the applicant for the expenses incurred by the board for examination of the applicant.

(3) Every licensed psychologist in this state shall annually pay to the board a fee determined by the board but not to exceed Two Hundred Dollars ($200.00); and the executive secretary shall thereupon issue a renewal of the license for a term of one (1) year. The license of any psychologist who shall fail to renew during the month of July in each and every year shall lapse; the failure to renew the license, however, shall not deprive said psychologist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears. A psychologist wishing to renew a license which has been lapsed for more than two (2) years shall be required to reapply for licensure.

(4) On July 1, 1993, and every odd numbered year thereafter, no psychologist license shall be renewed unless the psychologist shows evidence of a minimum of twenty (20) clock hours of continuing education activities approved by the board.

(5) All fees and any other monies received by the board shall be deposited in a special fund that is 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. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the chairman or executive secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.

(6) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

This section shall stand repealed from and after July 1, 2001.

SECTION 29. Section 73-33-7, Mississippi Code of 1972, is amended as follows:

73-33-7. The Mississippi State Board of Public Accountancy shall be authorized to charge each applicant for a certificate a fee in such amount as to be determined by the board, the same to be paid when the application is filed.

On or before January 1 of each year hereafter, each holder of a certificate issued by the Mississippi State Board of Public Accountancy shall register with the Mississippi State Board of Public Accountancy, and shall pay a reasonable annual registration fee in such amount as to be determined by the board. If any certified public accountant fails to register and pay the annual registration fee, on or before January 1, notice of such default shall be sent to him by registered mail to his last known address as shown by the records of said board. The certificate of any certified public accountant who fails to register and pay the annual registration fee within ten (10) days after notice is given, as herein provided, shall be automatically cancelled, and the board shall enter the cancellation on its records.

Any person who has lost his certificate or license to practice in this state by failure to register and pay the annual registration fee, may be again certified or licensed to practice by said board without reexamination, provided such person shall again comply with the requirements of this chapter, file application for registration and pay all fees due said board according to law.

Out of the funds collected under this chapter shall be paid the expenses of the members of the board, including mileage, hotel expenses and per diem compensation as provided in Section 25-3-69, for the time expended in carrying out the duties of the office; provided, however, no expense incurred by said board shall ever be charged against the funds of the state in excess of amounts collected under this section.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 30. Section 73-34-45, Mississippi Code of 1972, is amended as follows:

73-34-45. The commission shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the board.

LICENSURE FEES:

Application and examination $225.00

Initial and renewal license $325.00

Delinquent renewal penalty 100% of renewal fee

SERVICES:

For each change of address $ 25.00

For each duplicate license $ 25.00

To change status as a licensee

from active to inactive $ 25.00

For each bad check received by

the commission $ 25.00

All fees charged and collected under this chapter shall be paid by the commission at least once a week, accompanied by a detailed statement thereof, to the credit of the fund known as the "Real Estate Appraisal License Fund," hereby created in the State Treasury. All monies which are collected under this chapter shall be paid into and credited to such fund for the use of the board in carrying out the provisions of this chapter including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. The commission shall submit a monthly statement to the board detailing any expenses which it bears as a share in the expense of administering this act, for which expenses it shall be reimbursed in the amount approved by the board. The commission shall prepare an annual statement of income and expenses related to its appraisal related administrative function.

If any applicant for licensing for the examinations given under this act prior to January 1, 1991, prepays the examination fee prior to August 1, 1990, he shall pay a fee of One Hundred Seventy-five Dollars ($175.00) in lieu of the Two Hundred Twenty-five Dollars ($225.00) application and examination fee as stated in this section.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 31. Section 73-35-17, Mississippi Code of 1972, is amended as follows:

73-35-17. (1) A fee not to exceed One Hundred Dollars ($100.00) shall accompany an application for a real estate broker's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee.

In the event a contract testing service is utilized, the application fee along with the additional testing fee as incurred by the commission in contracting the cost of the examination shall accompany such application.

(2) For each license as a real estate broker issued to a member of a partnership, association or officer of a corporation other than the member or officer named in the license issued to such partnership, association or corporation, a fee not to exceed Fifty Dollars ($50.00) shall be charged.

(3) A fee not to exceed Eighty Dollars ($80.00) shall accompany an application for a real estate salesperson's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the applicable fee along with the prevailing cost incurred by the commission in contracting the cost of the examination shall accompany such application.

(4) It shall be the duty of all persons, partnerships, associations, companies or corporations licensed to practice as a real estate broker or salesperson to register with the commission annually or biennially, in the discretion of the commission, according to rules promulgated by it and to pay the proper registration fee. An application for renewal of license shall be made to the commission annually no later than December 31 of each year, or biennially on a date set by the commission. A licensee failing to pay his renewal fee after the same becomes due and after two (2) months' written notice of his delinquency mailed to him by United States certified mail addressed to his address of record with the commission shall thereby have his license automatically cancelled. Any licensee renewing in this grace period shall pay a penalty in the amount of one hundred percent (100%) of the renewal fee. The renewal fee shall not exceed Fifty Dollars ($50.00) per year for real estate brokers, partnerships, associations and corporations. The renewal fee for a real estate salesperson's license shall not exceed Thirty-five Dollars ($35.00) per year.

(5) For each additional office or place of business, an annual fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(6) For each change of office or place of business, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(7) For each duplicate or transfer of salesperson's license, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(8) For each duplicate license, where the original license is lost or destroyed, and affidavit made thereof, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(9) To change status as a licensee from active to inactive status, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(10) For each bad check received by the commission, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.

(11) A fee not to exceed One Dollar and Twenty-five cents ($1.25) per hour of instruction may be charged to allay costs of seminars for educational purposes provided by the commission.

(12) Fees, up to the limits specified herein, shall be established by the Mississippi Real Estate Commission.

(13) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 32. Section 73-36-23, Mississippi Code of 1972, is amended as follows:

73-36-23. Applications for registration shall be made on forms prescribed and furnished by the board. The initial registration fee for a license as a registered forester shall be fixed by the board, but shall not exceed Fifty Dollars ($50.00). Should the board deny the issuance of a license to any applicant, the fee deposited shall be retained by the board as an application fee.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 33. Section 73-38-31, Mississippi Code of 1972, is amended as follows:

73-38-31. (1) The board shall assess fees for the following purposes:

(a) Initial licensing;

(b) Renewal of licensure;

(d) Late renewal payment penalty;

(e) Temporary license;

(f) Renewal of temporary license; and

(g) Registration of aides.

(2) Every person to whom a license is issued pursuant to this chapter shall, as a condition precedent to its issuance, and in addition to any application, examination or other fee, pay the prescribed initial license fee.

(3) Fees prescribed in subsection (1) of this section shall be exclusive and no municipality shall have the right to require any person licensed under this chapter to furnish any bond, pass any examination, or pay any license fee or occupational tax.

(4) Fees listed in subsection (1) of this section shall be commensurate to the extent feasible with the cost of fulfilling the duties of the board and council as defined by this chapter; however, no individual fee shall exceed One Hundred Dollars ($100.00).

(5) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 34. Section 73-39-21, Mississippi Code of 1972, is amended as follows:

73-39-21. All persons who are now or may hereafter be licensed to practice veterinary medicine in this state shall renew same on or before August 1 of each year, as hereinafter provided.

(a) On or before June 1 of each year the secretary-treasurer of the board shall mail an application for renewal of license to every person holding a valid current license.

(b) The applicant shall fill in the application and return it to the secretary-treasurer of the board on or before August 1 of each year.

(c) The applicant shall furnish the board such evidence as it may require of having complied with provisions pursuant to this chapter relating to the annual education program.

(d) The annual renewal fee shall be no less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), to be set by the board, and shall be paid at the time the application for renewal of license is filed. The payment of the annual license renewal fee shall be optional with all veterinarians over the age of seventy (70) years.

(e) Any licensed veterinarian who is sixty-five (65) years of age or older and who is employed as a veterinarian on a part-time basis only shall be exempt from the payment of such annual renewal fee.

(f) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 35. Section 73-53-15, Mississippi Code of 1972, is amended as follows:

73-53-15. All original licenses shall be valid for one (1) year, unless earlier suspended or revoked by the board, and each person to whom a license is issued shall pay a fee of not more than Fifty Dollars ($50.00) therefor to the board. Licenses shall be renewed annually after initial licensure upon payment of a fee of not more than Fifty Dollars ($50.00) and being in compliance with such additional requirements as the board shall promulgate. The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 36. Section 73-54-27, Mississippi Code of 1972, is amended as follows:

73-54-27. (1) Licenses issued under this chapter shall be valid for two (2) years and must be renewed biennially, in September, with the renewal fee being determined by the board but not to exceed Two Hundred Dollars ($200.00).

(2) The license of any marriage and family therapist who fails to renew biennially during the month of September shall lapse; the failure to renew the license shall not deprive the marriage and family therapist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears.

(3) A marriage and family therapist wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure.

(4) The board shall notify each license holder in writing of the pending license expiration no later than the thirtieth day before the date on which the license expires.

(5) The board shall require each license holder to participate in approved continuing education activities in order to renew a license issued under this chapter.

(6) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 37. Section 73-55-13, Mississippi Code of 1972, is amended as follows:

73-55-13. (1) A person licensed as an athletic trainer under this chapter shall pay to the board a fee not to exceed Three Hundred Dollars ($300.00) for every three-year period for a renewal of his license.

(2) Continuing education requirements for license renewal shall be fulfilled during three-year periods running concurrently with the requirement to maintain certification through the National Athletic Trainers' Association Board of Certification, Inc.

(3) A licensee must complete sixty (60) hours of continuing education during the three-year period as approved by the National Athletic Trainers' Association Board of Certification, Inc. Proof of the completion of continuing education as required by this section shall be turned in to the board within thirty (30) days of the completion or proof that the continuing education requirements have been filed with the National Athletic Trainers' Association.

(4) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 38. Section 73-57-29, Mississippi Code of 1972, is amended as follows:

73-57-29. All fees established by the board under this chapter shall be set in such an amount as is necessary to reimburse the state for the cost of services rendered, not to exceed a biennial sum of Two Hundred Fifty Dollars ($250.00) to be paid by any individual. Fees received by the board and monies collected under this chapter shall be deposited in the State Treasury to the credit of the Respiratory Care Fund. Expenses incurred in the performance of this chapter shall be paid in accordance with the accounting laws of the state. The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 39. Section 73-59-3, Mississippi Code of 1972, is amended as follows:

73-59-3. (1) Except as otherwise provided in Section 73-59-15, persons who perform residential construction or residential improvement shall be licensed by the board annually, and, as a prerequisite to obtaining a license or renewal thereof, each shall submit to the board:

(a) Proof of workers' compensation insurance, if applicable;

(b) A federal employment identification number or social security number.

(2) The board shall not require liability insurance to be licensed under this chapter but if a licensee has liability insurance it shall be reflected on the certificate of licensure.

(3) Any person engaged in residential construction or residential improvement on or before July 1, 1995, shall be duly licensed by the board, without examination, after paying the required license fee by submitting to the board not later than January 31, 1996:

(a) The information described in subsections (1) and (2) of this section; and

(b) (i) A sworn affidavit showing that such person has constructed or improved a minimum of five (5) residential homes or ten (10) apartment units, along with a description and location of such homes or apartment units and the names and addresses of the persons or owners for whom such homes or apartment units were constructed; or

(ii) Proof that such person holds a valid license or certificate of responsibility for general construction issued by the board.

(4) The board shall issue or renew a license to a residential builder or remodeler upon payment to the board of the license fee. The initial license fee shall be Fifty Dollars ($50.00). The license fee may thereafter be increased or decreased by the board and cannot exceed One Hundred Dollars ($100.00); however, the receipts from fees collected by the board shall be no greater than the amount required to pay all costs and expenses incurred by the board in enforcing the provisions of this chapter. All fees collected under this chapter shall be deposited into the special fund in the State Treasury known as the "State Board of Contractor's Fund" created pursuant to Section 31-3-17 and shall be used only for the administration and enforcement of this chapter. Amounts in such fund shall not lapse into the State General Fund at the end of a fiscal year. Interest accrued to such fund shall remain in the fund. All expenditures from the special fund shall be by requisition to the Department of Finance and Administration, signed by the executive secretary of the board and countersigned by the chairman or vice chairman of the board.

(5) The license shall expire on the last day of the twelfth month following its issuance or renewal and shall become invalid unless renewed. The board shall notify by mail every licensee under this chapter of the date of the expiration of his license and the amount of the fee required for renewal of the license for one (1) year. Such notice shall be mailed within thirty (30) days prior to the expiration date of the license. The failure on the part of any licensee to renew his license annually in such twelfth month shall not deprive such licensee of the right of renewal, provided that renewal is effected within one hundred twenty (120) days after the expiration date of the license by payment of the license fee plus a penalty of one hundred percent (100%) of the license fee. A new license required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge of not more than Twenty-five Dollars ($25.00).

(6) Any person who is not a resident of the State of Mississippi who desires to perform residential construction or residential improvement shall be licensed to perform such construction or improvement as provided by this chapter.

(7) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 40. Section 73-63-37, Mississippi Code of 1972, is amended as follows:

73-63-37. (1) The board shall establish, by rule, application fees which shall not exceed One Hundred Dollars ($100.00) for application for registration and Fifty Dollars ($50.00) for application for enrollment.

(2) In addition to the application fee required under subsection (1) of this section, an applicant shall pay an examination fee before taking the applicable examination. The board shall set a reasonable examination fee for each examination administered by the board to defer the actual cost of the examination.

(3) The board shall establish, by rule, registration fees which shall not exceed Two Hundred Dollars ($200.00) biennially for registration as a registered professional geologist and One Hundred Dollars ($100.00) biennially for enrollment as a geologist-in-training.

(4) The board shall establish, by rule, fees for the renewal and reissuance of a certificate of registration or certificate of enrollment.

(5) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 41. Section 83-17-419, Mississippi Code of 1972, is amended as follows:

83-17-419. (1) Each license issued to an adjuster shall expire on May 31 following the date of issue, unless prior thereto it is revoked or suspended by the commissioner.

(2) Each adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the adjuster.

(3) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 42. Section 83-18-3, Mississippi Code of 1972, is amended as follows:

83-18-3. (1) No person shall act as or hold himself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which he is acting as an adjuster, unless he shall hold a license as an administrator issued by the Mississippi Commissioner of Insurance. Failure to hold such a license shall subject the administrator to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Such license shall be issued by the commissioner to an administrator unless the commissioner, after due notice and hearing, shall have determined that the administrator is not competent, trustworthy, financially responsible or of good personal and business reputation or has had a previous application for an insurance license denied for cause within five (5) years.

(2) All applications shall be accompanied by a fee of Two Hundred Dollars ($200.00). The license is renewable annually on the date of issue. A request for renewal must be accompanied by a renewal fee of One Hundred Dollars ($100.00). Prior to the issuance or renewal of the license of any administrator, a fidelity bond in a form and amount as determined by the commissioner shall be obtained by the licensee.

(3) After notice and hearing, the commissioner may revoke a license or fine an administrator not more than Five Hundred Dollars ($500.00), or both, or the commissioner may suspend such license or fine such administrator not more than Five Hundred Dollars ($500.00), or both, upon finding that either the administrator violated any of the requirements of this chapter or the administrator is not competent, trustworthy, financially responsible or of good personal and business reputation.

(4) The Commissioner of Insurance may promulgate rules and regulations which are necessary to accomplish the purposes of this chapter.

(5) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

(6) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

(7) The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 43. Section 83-39-11, Mississippi Code of 1972, is amended as follows:

83-39-11. Each license application and application for license renewal to engage in the business of professional bail agent shall be accompanied by a fee of Fifty Dollars ($50.00). Each license application and application for license renewal to engage in the business of soliciting bail agent or bail enforcement agent shall be accompanied by a fee of Twenty Dollars ($20.00). The payment of any fees for less than the entire licensing period shall be prorated according to the portion of the licensing period for which the fees are paid.

SECTION 44. This act shall take effect and be in force from and after July 1, 1998.