MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representatives Currie, Steverson, Hobgood-Wilkes
AN ACT TO AMEND SECTION 73-50-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MISSISSIPPI OCCUPATIONAL LICENSING BOARDS SHALL ISSUE A LICENSE TO A PERSON WHO ESTABLISHES RESIDENCE IN THIS STATE OR A MILITARY SPOUSE WHO IS MARRIED TO AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES AND WHO IS ACCOMPANYING THE MEMBER TO AN OFFICIAL PERMANENT CHANGE OF STATION TO A MILITARY INSTALLATION LOCATED IN THIS STATE, IF THE PERSON HOLDS A CURRENT LICENSE IN GOOD STANDING FROM AT LEAST ONE OTHER JURISDICTION, HAS BEEN LICENSED BY ANOTHER JURISDICTION FOR AT LEAST ONE YEAR AND SATISFIES CERTAIN OTHER CONDITIONS; TO PROVIDE THAT THE LICENSE ISSUED TO THE PERSON WILL BE IN THE DISCIPLINE APPLIED FOR AND AT THE SAME PRACTICE LEVEL AS DETERMINED BY THE OCCUPATIONAL LICENSING BOARD; TO AMEND SECTIONS 37-3-2, 73-1-21, 73-2-11, 73-4-23, 73-5-21, 73-6-13, 73-7-23, 73-9-24, 73-10-15, 73-11-51, 73-13-35, 73-14-25, 73-15-19, 73-15-21, 73-15-101, 73-17-11, 73-19-25, 73-21-87, 73-23-51, 73-23-53, 73-24-21, 73-25-21, 73-27-5, 73-29-19, 73-30-15, 73-31-14, 73-31-15, 73-33-9, 73-34-51, 73-35-7, 73-35-13, 73-36-31, 73-38-23, 73-39-71, 73-53-13, 73-54-23, 73-60-25, 73-63-39, 73-65-7, 73-67-25, 73-69-11, 73-71-21, 73-73-11 and 73-75-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-50-1, Mississippi Code of 1972, is amended as follows:
73-50-1. (1) As used in this section, the term:
(a) "License" means any license (other than a privilege license), certificate, registration, permit or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) "Occupational licensing board" means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses. For the purposes of this section, the State Department of Education shall be considered an occupational licensing board when issuing teacher licenses under Section 37-3-2.
(2) Notwithstanding any
other provision of law, an occupational licensing board shall issue a license * * * to a military-trained
applicant to allow the applicant to lawfully practice the applicant's
occupation in Mississippi if, upon application to an occupational licensing
board, the applicant satisfies the following conditions:
(a) Has been awarded a
military occupational specialty and has done all of the following at a level
that is substantially equivalent to or exceeds the requirements for licensure * * * of the
occupational licensing board from which the applicant is seeking licensure * * * in this state:
completed a military program of training, completed testing or equivalent
training and experience as determined by the board, and performed in the
occupational specialty * * *;
(b) Has engaged in the
active practice of the occupation for which the person is seeking a license * * * from the occupational
licensing board in this state for at least two (2) of the five (5) years
preceding the date of the application under this section * * *;
(c) Has not committed
any act in any jurisdiction that would have constituted grounds for refusal,
suspension or revocation of a license to practice that occupation in this state
at the time the act was committed * * *; and
(d) Pays any fees
required by the occupational licensing board for which the applicant is seeking
licensure * * * in this state.
(3) Notwithstanding any
other provision of law, an occupational licensing board shall issue a license, * * * in the
discipline applied for and at the same practice level as determined by the
occupational licensing board, to a person who establishes residence in this
state, or to a military spouse who is married to an active duty member
of the Armed Forces of the United States and who is accompanying the member to
an official permanent change of station to a military installation located in
this state to allow the military spouse to lawfully practice the military
spouse's occupation in Mississippi if, upon application to an occupational
licensing board, the * * * applicant satisfies all of the
following conditions:
(a) The person
holds a current license * * *, certification or registration from * * * at least one (1) other
jurisdiction * * * in the discipline applied for and at
the same practice level as determined by the occupational licensing board and
the license is in good standing in all jursidictions in which the person holds
a license;
(b) * * *
The person has been licensed by another jurisdiction for at least one (1)
year;
(c) If when the person was licensed by another jurisdiction, there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect, the other jurisdiction verifies that the person met those requirements in order to be licensed in that jurisdiction;
(d) The person has previously passed an examination for the license if required by the other jurisdiction;
(e) The person
has not committed any act in any jurisdiction that would have constituted
grounds for refusal, suspension or revocation of a license to practice that
occupation in this state at the time the act was committed * * *;
( * * *f) The person is in good
standing and has not been disciplined by the * * * occupational licensing board that
had jurisdiction to issue the license * * *. If another
jurisdiction has taken disciplinary action against the person, the occupational
licensing board in this state shall determine if the cause for the action was
corrected and the matter resolved. If the matter has not been resolved by that
jurisdiction, the occupational licensing board may not issue or deny a license
until the matter is resolved;
(g) The person has not voluntarily surrendered a license in any other jurisdiction while under investigation for unprofessional conduct;
(h) The person does not have a complaint, allegation or investigation pending before an occupational licensing board in another jurisdiction that relates to unprofessional conduct. If an applicant has any complaint, allegation or investigation pending, the occupational licensing board in this state shall suspend the application process and may not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved;
(i) The person does not have a disqualifying criminal history records check as determined by the occupational licensing board; and
( * * *j) The person pays any fees
required by the occupational licensing board for which the applicant is seeking
licensure * * * in this state.
(4) Except as provided in subsection (2) or (3) of this section, an occupational licensing board that administers an examination on laws of this state as part of its license application requirement may require an applicant to take and pass an examination specific to the laws of this state.
(5) A person who receives a license under this section is subject to the laws regulating the person's practice in this state and is subject to the occupational licensing board's jurisdiction.
(6) A license issued under this section is valid only in this state and does not make the person eligible to be part of an interstate compact. An occupational licensing board may determine eligibility for an applicant to be licensed under this section if the applicant is not part of an interstate compact.
( * * *7) An occupational licensing board
issuing a license * * * to a military spouse * * * under subsection (3) of this
section shall issue or deny the license * * * within four (4)
months of the military spouse's application if the spouse's orders are in
Mississippi for thirty-six (36) months or less.
( * * *8) All relevant experience of a
military service member in the discharge of official duties or, for a military
spouse, all relevant experience, including full-time and part-time experience,
regardless of whether in a paid or volunteer capacity, shall be credited in the
calculation of years of practice in an occupation as required under subsection
(2) or (3) of this section.
( * * *9) A nonresident licensed * * * under this section
shall be entitled to the same rights and subject to the same obligations as
required of a resident licensed * * * by an occupational
licensing board in this state.
( * * *10) An occupational licensing board
may issue a temporary practice permit to a military-trained applicant or
military spouse licensed * * *, certified or registered in another jurisdiction while the
military-trained applicant or military spouse is satisfying the requirements
for licensure under subsection (2) or (3) of this section if that jurisdiction
has licensure * * * standards substantially equivalent to
the standards for licensure * * * of an
occupational licensing board in this state. The military-trained applicant or
military spouse may practice under the temporary permit until a license * * * is granted or
until a notice to deny a license * * * is issued in
accordance with rules adopted by the occupational licensing board.
* * *
( * * *11) Nothing in this section shall be
construed to prohibit a military-trained applicant or military spouse from
proceeding under the existing licensure * * * requirements
established by an occupational licensing board in this state.
( * * *12) Nothing in this section shall be
construed to apply to:
(a) The practice
of law as regulated under Section 73-3-1 et seq * * *;
(b) Criteria for a license, permit or certificate of eligibility that is established by an interstate compact; or
(c) The ability of an occupational licensing board to require an applicant to submit fingerprints in order to access state and federal criminal records information for noncriminal justice purposes.
( * * *13) An occupational licensing board
issuing a license * * * under to this * * * section is encouraged to reduce
the fees required by the occupational licensing board for which the applicant
is seeking licensure * * * in this state.
(14) An occupational licensing board shall adopt rules necessary to implement this section by January 1, 2021.
SECTION 2. Section 37-3-2, Mississippi Code of 1972, is amended as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) (a) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each of the four (4) congressional districts, as such districts existed on January 1, 2011, in accordance with the population calculations determined by the 2010 federal decennial census, including: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of public institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. Three (3) members of the commission, at the sole discretion of the State Board of Education, shall be appointed from the state at large.
(b) All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) (a) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section, and violations of the Mississippi Educator Code of Ethics.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas; and
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations;
(iv) Any other document required by the State Board of Education; and
(v) From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:
1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
2. No less than 2.75 GPA on pre-major coursework of the institution's approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.
(b) Standard License - Nontraditional Teaching Route. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:
(i) Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
(ii) No less than 2.75 GPA on content coursework in the requested area of certification or passing Praxis II scores at or above the national recommended score provided that the accepted cohort of candidates of the institution's teacher education program meets or exceeds a 3.0 GPA on pre-major coursework.
Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
(i) The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
(ii) The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
(iii) Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
(iv) During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher's intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern's mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher's performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern's performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
(v) An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
(vi) Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
(vii) At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
(viii) The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.
Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. (a)
The department shall grant a standard license to any individual who possesses
a valid standard license from another state and meets minimum Mississippi
license requirements or equivalent requirements as determined by the State
Board of Education. The issuance of a license by reciprocity to a military-trained
applicant * * *,
military spouse or person who establishes residence in this state shall
be subject to the provisions of Section 73-50-1.
(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members, or by a hearing officer retained and appointed by the commission, for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission, its subcommittee or hearing officer, shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the commission, its subcommittee or hearing officer. An appeal to the State Board of Education shall be perfected upon filing a notice of the appeal and by the prepayment of the costs of the preparation of the record of proceedings by the commission, its subcommittee or hearing officer. An appeal shall be on the record previously made before the commission, its subcommittee or hearing officer, unless otherwise provided by rules and regulations adopted by the board. The decision of the commission, its subcommittee or hearing officer shall not be disturbed on appeal if supported by substantial evidence, was not arbitrary or capricious, within the authority of the commission, and did not violate some statutory or constitutional right. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the commission, its subcommittee or hearing officer. The decision of the State Board of Education shall be final.
(11) (a) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(i) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(ii) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(iii) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(iv) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(v) Failing or refusing to furnish reasonable evidence of identification;
(vi) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this subparagraph (vi) of this paragraph (a), a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(vii) The applicant or licensee is on probation or post-release supervision for a felony or conviction, as defined by federal or state law. However, this disqualification expires upon the end of the probationary or post-release supervision period.
(b) The State Board of Education, acting through the commission, shall deny an application for any teacher or administrator license, or immediately revoke the current teacher or administrator license, for one or more of the following:
(i) If the applicant or licensee has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this subparagraph (i) of this paragraph (b), a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(ii) The applicant or licensee is on probation or post-release supervision for a sex offense conviction, as defined by federal or state law;
(iii) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95; or
(iv) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24.
(12) The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(e) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(f) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(g) The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
(h) The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or
(i) The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.
For purposes of this subsection, probation shall be defined as a length of time determined by the commission, its subcommittee or hearing officer, and based on the severity of the offense in which the license holder shall meet certain requirements as prescribed by the commission, its subcommittee or hearing officer. Failure to complete the requirements in the time specified shall result in immediate suspension of the license for one (1) year.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) (a) A person whose license has been suspended or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension or surrender, or after one-half (1/2) of the suspended or surrendered time has lapsed, whichever is greater. A person whose license has been suspended or revoked on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(b) A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission, its subcommittee or hearing officer regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, 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 93-11-153. 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.
SECTION 3. Section 73-1-21, Mississippi Code of 1972, is amended as follows:
73-1-21. Any architect residing outside this state may obtain a certificate to practice in the State of Mississippi by complying with Section 73-1-13, and by paying the fees prescribed by the rules of the board; however, no such nonresident applicant shall receive a certificate to practice in this state unless the applicant furnishes evidence satisfactory to the board that the applicant holds a current and valid registration issued by a registration authority recognized by the board, holds a National Council of Architectural Registration Board's certificate, has never been restrained from practicing architecture, and has never had a certificate or license revoked. Each nonresident applicant shall submit, as a part of the application, a sworn affidavit stating that neither such applicant nor any person in, or agent of, the applicant's firm has practiced or is practicing architectural work in this state prior to the applicant having been licensed by the board unless such person or agent holds a license to practice architecture in this state. Failure to submit this affidavit is just cause for disapproval of the application. Every applicant for reciprocity registration shall comply fully with the requirements for resident applicants, except that nonresident applicants who met the requirements for issuance of a certificate of registration by the board prior to January 1, 1987, and who, on that date, held a current and valid registration by a registration authority recognized by the board or were qualified exam candidates in another jurisdiction recognized by the board, shall not be required to meet the degree requirements of Section 73-1-13. The board shall have the further right to exercise its discretion as to whether such nonresident architect shall be issued such certificate to practice.
The issuance of a
certificate by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 4. Section 73-2-11, Mississippi Code of 1972, is amended as follows:
73-2-11. The board may exempt from examination any applicant who holds a license or certificate to practice landscape architecture issued to him upon examination by a legally constituted board of examiners of any other state or Washington, D.C., or any other territory or possession under the control of the United States, provided that such requirements of the state in which the applicant is registered are equivalent to those of this state.
Each nonresident applicant shall submit, as part of the application, a sworn affidavit stating that neither such applicant nor any person in or agent of the applicant's firm has practiced or is practicing landscape architectural work in this state prior to the applicant having been licensed by the board unless such person or agent holds a license to practice landscape architecture in this state. Failure to submit this affidavit or submitting an affidavit which is false in any respect shall constitute just cause for denial of the application.
An applicant who is a licensed landscape architect but who was admitted in a jurisdiction which did not offer a written examination acceptable to the board or was admitted without the requirement of passing a written examination may be issued a license to practice landscape architecture in this state upon the taking and passing of any examination or procedure as may be adopted by the board, provided that such applicant meets all other requirements for issuance of a license to practice landscape architecture in this state.
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 5. Section 73-4-23, Mississippi Code of 1972, is amended as follows:
73-4-23. Any auctioneer who is licensed in a state that (a) has requirements equal to the requirements of this chapter, (b) has requirements that have been approved by the commission, after a review of such state's licensing law, and (c) has entered into a reciprocal licensing agreement with the State of Mississippi through such state's regulatory authority over auctioneering, may apply for and be granted a license without examination. Applicants for a license through reciprocity shall furnish the commission by application the same information as that required of resident applicants. In addition to the biennial license fee, nonresidents shall pay to the commission a fee of Two Hundred Fifty Dollars ($250.00). A nonresident auctioneer shall furnish to the commission a surety bond, obligated to the State of Mississippi, in the amount of Ten Thousand Dollars ($10,000.00) prior to being issued a license. The bond shall be executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state, as surety. The bond shall otherwise be in accordance with the provisions of this chapter.
The issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or person
who establishes residence in this state
shall be subject to the provisions of Section 73-50-1.
SECTION 6. Section 73-5-21, Mississippi Code of 1972, is amended as follows:
73-5-21. Any person possessed of the following qualifications shall, upon payment of the required fee, receive a certificate of registration as a registered barber:
(a) Is at least eighteen (18) years old;
(b) Is of good moral character and temperate habits; and
(c) Either has a
license or certificate of registration as a practicing barber in another state
or country that has substantially the same requirements for licensing or
registration of barbers as are contained in this chapter, or can prove by sworn
affidavits that he has lawfully practiced as a barber in another state or
country for at least five (5) years immediately before making application in
this state, or can show to the satisfaction of the board that he had held a
rating in a branch of the military service for two (2) or more years that
required him to perform the duties of a barber. The issuance of a certificate
of registration by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
In addition to the above, the board may require the applicant to successfully demonstrate sufficient knowledge of the Barber Law of the State of Mississippi, as well as sufficient practical skill by requiring the applicant to take a practical examination approved by the board.
SECTION 7. Section 73-6-13, Mississippi Code of 1972, is amended as follows:
73-6-13. (1) Any adult of good moral character who has (a) graduated from a school or college of chiropractic recognized by the State Board of Chiropractic Examiners, preceded by the successful completion of at least two (2) academic years at an accredited institution of higher learning, or accredited junior college, and (b) successfully completed parts 1, 2, 3 and 4 and the physical modality section of the examination prepared by the National Board of Chiropractic Examiners, shall be entitled to take the examination for a license to practice chiropractic in Mississippi. The State Board of Chiropractic Examiners shall keep on file a list of schools or colleges of chiropractic which are so recognized. No chiropractic school shall be approved unless it is recognized and approved by the Council on Chiropractic Education, its successor or an equivalent accrediting agency, offers an accredited course of study of not less than four (4) academic years of at least nine (9) months in length, and requires its graduates to receive not less than forty (40) clock hours of instruction in the operation of x-ray machinery and not less than forty (40) clock hours of instruction in x-ray interpretation and diagnosis.
(2) Except as otherwise provided in this section, the State Board of Health shall prescribe rules and regulations for the operation and use of x-ray machines.
(3) The examination to practice chiropractic used by the board shall consist of testing on the statutes and the rules and regulations regarding the practice of chiropractic in the State of Mississippi.
(4) Reciprocity privileges
for a chiropractor from another state shall be granted at the board's option on
an individual basis and by a majority vote of the State Board of Chiropractic
Examiners to an adult of good moral character who (a) is currently an active
competent practitioner for at least eight (8) years and holds an active
chiropractic license in another state with no disciplinary proceeding or
unresolved complaint pending anywhere at the time a license is to be issued by
this state, (b) demonstrates having obtained licensure as a chiropractor in
another state under the same education requirements which were equivalent to
the education requirements in this state to obtain a chiropractic license at
the time the applicant obtained the license in the other state, (c)
satisfactorily passes the examination administered by the State Board of
Chiropractic Examiners, and (d) meets the requirements of Section 73-6-1(3)
pertaining to therapeutic modalities. The issuance of a license by reciprocity
to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 8. Section 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. (1) The board may, upon application, issue a license by reciprocity to any cosmetologist, esthetician or manicurist over the age of seventeen (17) years from any other state who has satisfactorily completed the required number of accredited hours in that state, provided the state board from which the applicant comes issues to cosmetologists, estheticians or manicurists, as the case may be, from the State of Mississippi a license under the same conditions. Applications must be accompanied by (a) proof satisfactory to the board that the required hours have been completed, and (b) the required reciprocity fee, which shall be paid to the board.
(2) An instructor from any other state may be qualified for a Mississippi instructor's license upon presenting a valid instructor's license and proof of a high school education or its equivalent, provided that the instructor (a) is not less than twenty-one (21) years of age, (b) has completed training equivalent to the State of Mississippi's training as provided in Section 73-7-15 or has three (3) years or more of experience as a licensed instructor prior to application, (c) can read, write and speak English, (d) has completed twelve (12) semester hours in college courses approved by the board, and (e) has completed a minimum of five (5) continuing education hours in Mississippi board laws, rules and regulations. Such application must be accompanied by two (2) recent passport photographs of the applicant. Applicants shall pay the required license fee.
(3) An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued.
(4) The issuance of a
license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 9. Section 73-9-24, Mississippi Code of 1972, is amended as follows:
73-9-24. (1) In addition to the method for obtaining a license to practice dentistry or dental hygiene by way of examination as provided by Section 73-9-23, the board, in its sole discretion, may grant a license to a candidate who meets the following criteria:
(a) Submit proof of graduation from a dental school or school of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission;
(b) Be engaged in the active practice of dentistry or dental hygiene or in full-time dental education or dental hygiene education for the past five (5) years;
(c) Currently hold a valid, unrestricted and unexpired license in a state whose standards for licensure are determined by the board as equivalent to Mississippi's standards, and which state grants reciprocity or licensure by credentials to licensees of the State of Mississippi;
(d) Provides an endorsement from all states in which he or she is currently licensed or has ever been licensed to practice dentistry or dental hygiene;
(e) Has not been the subject of pending or final disciplinary action in any state in which the applicant has been licensed;
(f) Is not the subject of a pending investigation in any other state or jurisdiction;
(g) Has passed a state or regional clinical licensure examination and, within the past five (5) years, has not failed a clinical licensure examination administered by another state, jurisdiction, or regional licensing board;
(h) Has not failed at any time, a licensure examination administered by the Mississippi State Board of Dental Examiners;
(i) Provides a written statement agreeing to appear for interviews at the request of the board;
(j) Has successfully completed all parts of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an accredited dental or dental hygiene school before 1960;
(k) Successfully passes a written jurisprudence examination;
(l) Provides payment of a nonrefundable application fee as provided in Section 73-9-43; and
(m) In addition, the State Board of Dental Examiners may consider the following in accepting, rejecting or denying an application for licensure by credentialing:
(i) Information from the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Examiners Clearinghouse for Disciplinary Information.
(ii) Questioning under oath.
(iii) Results of peer review reports from constituent societies and/or federal dental services.
(iv) Substance abuse testing or treatment.
(v) Background checks for criminal or fraudulent activities.
(vi) Participation in continuing education.
(vii) A current certificate in cardiopulmonary resuscitation.
(viii) Recent patient case reports and/or oral defense of diagnosis and treatment plans.
(ix) No physical or psychological impairment that would adversely affect the ability to deliver quality dental care.
(x) Agreement to initiate practice in the credentialing jurisdiction within a reasonable period of time.
(xi) Proof of professional liability coverage and that the coverage has not been refused, declined, canceled, nonrenewed or modified.
(xii) Any additional information or documentation that the board may stipulate by rule or regulation as necessary to qualify for a license by credentialing.
(2) The board shall be granted sufficient time to conduct a complete inquiry into the applicant's qualifications for licensure by credentials, and the board may adopt such rules and regulations pertaining to the time needed to conduct investigations and the responsibility of applicants to produce verifiable documentation.
(3) Any applicant failing to meet the criteria in subsection (1) of this section shall not be eligible for a license based on credentials. Upon meeting the criteria in subsection (1) of this section, the Mississippi State Board of Dental Examiners may, in its discretion, issue to the applicant a license to practice dentistry, or dental hygiene, unless grounds for denial of licensure exist as enumerated in Section 73-9-61. Evidence of falsification in the application for licensure through credentialing will result in revocation of the license.
(4) Any applicant applying for a specialty license by credentials must stay within his or her board recognized specialty and must practice only that specialty within the State of Mississippi. A specialty license holder must hold a general dentistry license before obtaining a specialty license.
(5) The issuance of a
license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 10. Section 73-10-15, Mississippi Code of 1972, is amended as follows:
73-10-15. (1) A nonresident dietitian may practice dietetics in Mississippi for five (5) days per year with current other state's licensure or with current registration with the Commission on Dietetics Registration.
(2) The board may waive the
prescribed examination for licensure and grant a license to any person who
shall present proof of current licensure as a dietitian in another state, the
District of Columbia, or territory of the United States which requires
standards for licensure considered by the advisory council to be greater than
or equal to the requirements for licensure of this chapter, if such state or
territory extends reciprocity to licensees of the State of Mississippi. The
issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 11. Section 73-11-51, Mississippi Code of 1972, is amended as follows:
73-11-51. (1) No person shall engage in the business or practice of funeral service, including embalming, and/or funeral directing or hold himself out as transacting or practicing or being entitled to transact or practice funeral service, including embalming, and/or funeral directing in this state unless duly licensed under the provisions of this chapter.
(2) The board is authorized and empowered to examine applicants for licenses for the practice of funeral service and funeral directing and shall issue the proper license to those persons who successfully pass the applicable examination and otherwise comply with the provisions of this chapter.
(3) To be licensed for the practice of funeral directing under this chapter, a person must furnish satisfactory evidence to the board that he or she:
(a) Is at least eighteen (18) years of age;
(b) Has a high school diploma or the equivalent thereof;
(c) Has served as a resident trainee for not less than twenty-four (24) months under the supervision of a person licensed for the practice of funeral service or funeral directing in this state;
(d) Has successfully passed a written and/or oral examination as prepared or approved by the board; and
(e) Is of good moral character.
(4) To be licensed for the practice of funeral service under this chapter, a person must furnish satisfactory evidence to the board that he or she:
(a) Is at least eighteen (18) years of age;
(b) Has a high school diploma or the equivalent thereof;
(c) Has successfully completed twelve (12) months or more of academic and professional instruction from an institution accredited by the United States Department of Education for funeral service education and have a certificate of completion from an institution accredited by the American Board of Funeral Service Education or any other successor recognized by the United States Department of Education for funeral service education;
(d) Has served as a resident trainee for not less than twelve (12) months, either before or after graduation from an accredited institution mentioned above, under the supervision of a person licensed for the practice of funeral service in this state and in an establishment licensed in this state;
(e) Has successfully passed the National Conference of Funeral Examiners examination and/or such other examination as approved by the board; and
(f) Is of good moral character.
(5) All applications for examination and license for the practice of funeral service or funeral directing shall be upon forms furnished by the board and shall be accompanied by an examination fee, a licensing fee and a nonrefundable application fee in amounts fixed by the board in accordance with Section 73-11-56. The fee for an initial license, however, may be prorated in proportion to the period of time from the date of issuance to the date of biennial license renewal prescribed in subsection (8) of this section. All applications for examination shall be filed with the board office at least sixty (60) days before the date of examination. A candidate shall be deemed to have abandoned the application for examination if he does not appear on the scheduled date of examination unless such failure to appear has been approved by the board.
(6) The practice of funeral service or funeral directing must be engaged in at a licensed funeral establishment, at least one (1) of which is listed as the licensee's place of business; and no person, partnership, corporation, association or other organization shall open or maintain a funeral establishment at which to engage in or conduct or hold himself or itself out as engaging in the practice of funeral service or funeral directing until such establishment has complied with the licensing requirements of this chapter. A license for the practice of funeral service or funeral directing shall be used only at licensed funeral establishments; however, this provision shall not prevent a person licensed for the practice of funeral service or funeral directing from conducting a funeral service at a church, a residence, public hall, lodge room or cemetery chapel, if such person maintains a fixed licensed funeral establishment of his own or is in the employ of or an agent of a licensed funeral establishment.
(7) Any person holding a
valid, unrevoked and unexpired nonreciprocal license in another state or territory
having requirements greater than or equal to those of this state as determined
by the board may apply for a license to practice in this state by filing with
the board a certified statement from the secretary of the licensing board of
the state or territory in which the applicant holds his license certifying to
his qualifications and good standing with that board. He/she must also
successfully pass a written and/or oral examination on the Mississippi Funeral
Service licensing law and rules and regulations as prepared or approved by the
board, and must pay a nonrefundable application fee set by the board. If the
board finds that the applicant has fulfilled aforesaid requirements and has
fulfilled substantially similar requirements of those required for a
Mississippi licensee, the board shall grant such license upon receipt of a fee
in an amount equal to the renewal fee set by the board for a license for the
practice of funeral service or funeral directing, as the case may be, in this
state. The board may issue a temporary funeral service or funeral directing
work permit before a license is granted, before the next regular meeting of the
board, if the applicant for a reciprocal license has complied with all
requirements, rules and regulations of the board. The temporary permit will
expire at the next regular meeting of the board. The issuance of a license or
temporary permit by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(8) (a) Except as provided in Section 33-1-39, any person holding a license for the practice of funeral service or funeral directing may have the same renewed for a period of two (2) years by making and filing with the board an application on or before the due date. Payment of the renewal fee shall be in an amount set by the board in accordance with Section 73-11-56. The board shall mail the notice of renewal and the due date for the payment of the renewal fee to the last-known address of each licensee at least thirty (30) days before that date. It is the responsibility of the licensee to notify the board in writing of any change of address. An application will be considered late if the application and proper fees are not in the board's office or postmarked by the due date. Failure of a license holder to receive the notice of renewal shall not exempt or excuse a license holder from the requirement of renewing the license on or before the license expiration date.
(b) If the renewal fee is not paid on or postmarked by the due date, the license of such person shall by operation of law automatically expire and become void without further action of the board. The board may reinstate such license if application for licensure is made within a period of five (5) years, upon payment of the renewal fee for the current year, all renewal fees in arrears, and a reinstatement fee. After a period of five (5) years, the licensee must make application, pay the current renewal fee, all fees in arrears, and pass a written and/or oral examination as prepared or approved by the board.
(9) No license shall be assignable or valid for any person other than the original licensee.
(10) The board may, in its discretion, if there is a major disaster or emergency where human death is likely to occur, temporarily authorize the practice of funeral directing and funeral service by persons licensed to practice in another state but not licensed to practice in this state. Only persons licensed in this state, however, may sign death certificates.
(11) Any funeral service technology or mortuary science program accredited by the American Board of Funeral Service Education in the State of Mississippi, as well as students enrolled in such a program, shall be exempt from licensing under this chapter when embalming or otherwise preparing a deceased human body for disposition as part of a student practicum experience, when the student is directly supervised by an instructor or preceptor who holds a current funeral service license. This exemption shall apply to practicum experiences performed at an accredited institution of funeral service technology or mortuary science program or at a duly licensed funeral establishment or commercial mortuary service. Nothing in this subsection shall be construed to allow any funeral service technology or mortuary science program, or those students enrolled in such a program, to engage in practicum experiences for remuneration.
(12) 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.
SECTION 12. Section 73-13-35, Mississippi Code of 1972, is amended as follows:
73-13-35. The board may,
upon application therefor and the payment of a fee in accordance with Section
73-13-25, issue a certificate of licensure as a professional engineer to any
person who holds a certificate of qualification or licensure issued to him by
proper authority of any state or territory or possession of the United States,
or of any country, provided that the applicant's qualifications meet the
requirements of Sections 73-13-1 through 73-13-45 and the rules established by
the board. The issuance of a certificate of licensure by reciprocity to a
military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 13. Section 73-14-25, Mississippi Code of 1972, is amended as follows:
73-14-25. The department may license as a hearing aid specialist, and furnish a certificate of licensure, to any applicant who presents evidence, satisfactory to the department of having passed an examination before a similar lawfully authorized examining agency or board of hearing aid specialists of another state or the District of Columbia, if the standards for registration of hearing aid specialists or for licensure as a hearing aid specialist in such state or district are determined by the department to be as high as those of this state, and if that jurisdiction affords licensees of this state reciprocity.
Any person making application for licensure under the provisions of this section may, at the discretion of the board, be required to pass an examination selected by the board.
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
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;
(c) Evidence of competence in English related to nursing, provided the first language is not English;
(d) Any other official records required by the board.
In addition to the requirements specified in paragraphs (a) through (d) of this subsection, in order to qualify for a license to practice as a registered nurse, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
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 article.
(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. The issuance of a license by endorsement to
a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(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.
(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 article. 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. The
issuance of a temporary permit to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(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 75-74-8.
(8) Title and abbreviation. Any person who holds a license or holds the privilege 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 article 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.
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.
In addition to the requirements specified in paragraphs (a) through (e) of this subsection, in order to qualify for a license to practice practical nursing as a licensed practical nurse, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
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 article.
(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. The issuance of a
license by endorsement to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(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.
(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 article. 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. The issuance of a temporary permit to a military-trained
applicant * * *,
military spouse or person who establishes residence in this state shall
be subject to the provisions of Section 73-50-1.
(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 or holds the privilege 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 article 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.
SECTION 16. Section 73-15-101, Mississippi Code of 1972, is amended as follows:
73-15-101. (1) A statewide program for certification of hemodialysis technicians is created under the Mississippi Board of Nursing.
(2) Unless certified as a certified hemodialysis technician under this section, no person shall:
(a) Practice as a certified hemodialysis technician; or
(b) Use the title "certified hemodialysis technician," "hemodialysis technician," or other title, abbreviation, letters, figures, signs, or devices to indicate or imply that the person is a certified hemodialysis technician.
(3) The Board of Nursing is authorized and empowered to:
(a) Maintain a permanent register of all certified hemodialysis technicians;
(b) Adopt rules and regulations for certified hemodialysis technician training programs, including standards and curricula;
(c) Provide for periodic evaluation of training programs;
(d) Grant, deny or withdraw approval from a training program that fails to meet prescribed standards or fails to maintain a current contract with the board;
(e) Develop, maintain and administer a certification examination, or grant, deny or withdraw approval of a certification examination(s);
(f) Adopt rules and
regulations for certification of hemodialysis technicians by examination,
endorsement, renewal and reinstatement; however, the certification by
endorsement of a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1; and
(g) Conduct disciplinary hearings of certified hemodialysis technicians concerning the restriction, denial, suspension, revocation and/or discipline of a certificate holder in any manner specified in rules and regulations of the board.
(4) Any applicant for certification to practice as a hemodialysis technician shall submit to the Board of Nursing:
(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 education agency;
(c) Written official evidence of completion of a hemodialysis technician program approved by the Board of Nursing;
(d) Evidence of competence in English related to health care/nursing if the first language is not English;
(e) Written official evidence that the applicant has passed the certification examination as approved by the Board of Nursing; and
(f) Any other official records required by the Board of Nursing.
The Board of Nursing 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, or any offense listed in Section 43-11-13(5), or any sex offense included in Section 45-33-23(h), as now or hereafter amended.
(5) Every certificate issued by the Board of Nursing to practice as a certified hemodialysis technician shall be renewed every two (2) years. The certified hemodialysis technician seeking renewal shall submit proof of employment as a certified hemodialysis technician, proof of having met continuing education
requirements adopted by the Board of Nursing and any other official records required by the Board of Nursing.
(6) The Board of Nursing shall establish nonrefundable fees necessary for the administration of this section, including, but not limited to, fees for initial certification by initial or later examination, renewal of certification, reinstatement of a lapsed certificate, endorsement, initial review and approval of a training program, and later review and approval of a training program.
SECTION 17. Section 73-17-11, Mississippi Code of 1972, is amended as follows:
73-17-11. (1) From and after July 1, 2011, in order to be eligible to be licensed as a nursing home administrator, an individual must submit evidence satisfactory to the board that he or she:
(a) Is at least twenty-one (21) years of age;
(b) Is of good moral character, including evidence of a criminal background check within the last six (6) months, under Section 43-11-13 and Section G.407.3 of the Minimum Standards for Institutions for the Aged or Infirm;
(c) Is in good health;
(d) Has satisfied at least one (1) of the following requirements for education and experience:
(i) Has sixty-four (64) hours of college work from an accredited institution and has worked in a supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) years immediately before making application for the Administrator-in-Training Program established by board rule;
(ii) Has an associate degree from an accredited institution and has worked in a supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) years immediately before making application for the Administrator-in-Training Program established by board rule;
(iii) Has a bachelor's degree in any other field of study from an accredited institution before making application for the Administrator-in-Training Program established by board rule; or
(iv) Has a bachelor's degree in health care administration or a health care related field or business from an accredited institution before making application for the Administrator-in-Training Program established by board rule;
(e) Has (i) completed a nursing home Administrator-in-Training Program and successfully completed the National Association of Long-Term Care Administrator Board (NAB) examination, or (ii) completed an Administrator-in-Training Program in Long-Term Care Administration from an academic institution during which time the institution held National Association of Long-Term Care Administrator Board (NAB) Program Approval through the academic approval process, to the satisfaction of the board;
(f) Has successfully passed the National Association of Long-Term Care Administrator Board (NAB) examination and the Mississippi State Board of Nursing Home Administrators examination to test his or her proficiency and basic knowledge in the area of nursing home administration. The board may establish the frequency of the offering of those examinations and the contents thereof; and
(g) Has met all of the requirements established by federal law.
(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 in the rules and regulations adopted under federal law;
(b) The applicant has met all of the requirements established by federal law; and
(c) The standards for licensure in the other states are at least the substantial equivalent of those in this state, including education and experience, and the applicant has passed both the National Association of Long-Term Care Administrator Board (NAB) and the state exams.
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(3) The board may prescribe appropriate fees for the taking of those examinations and for the issuance of licenses. Those fees shall be not more than the cost of the examinations and Five Hundred Dollars ($500.00) for the issuance of a license. However, the 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 under this chapter shall be for a maximum period of two (2) years.
(4) Except as provided in Section 33-1-39, the board may renew licenses biennially upon the payment of a fee to be established by the board, which shall be not more than Five Hundred Dollars ($500.00), plus any administrative costs for late payment.
(5) Any person who is not licensed under this chapter on July 1, 2011, who makes application with the board on or before June 30, 2012, may qualify for a license under this chapter provided that on or before January 31, 2014, he or she demonstrates to the satisfaction of the board that he or she (a) meets the eligibility requirements for a nursing home administrator's license prescribed in this section as those requirements existed on June 30, 2011; (b) has successfully completed the Administrator-in-Training Program requirements existing on June 30, 2011; and (c) has paid all required fees for licensure.
(6) Current licensure by the Department of Mental Health under Section 41-4-7(r) as a mental health/intellectual disability program administrator shall exempt the licensee from the requirement of licensure as a nursing home administrator if the licensee is employed in the state mental health system as Administrator of Intermediate Care Facility or Facilities for Persons with Intellectual Disabilities (ICF/ID) no larger than sixteen (16) beds.
(7) This section shall stand repealed on July 1, 2021.
SECTION 18. Section 73-19-25, Mississippi Code of 1972, is amended as follows:
73-19-25. An applicant for
a certificate of licensure who has been examined by the state board of another
state which, through reciprocity, similarly accredits the holder of a
certificate issued by the board of this state to the full privileges of
practice within such state, on the payment of a fee of not more than Fifty
Dollars ($50.00) to the board and on filing in the office of the board a true
and attested copy of the the license, certified by the president or secretary
of the state board issuing the same, and showing also that the standard
requirements adopted and enforced by the board are equal to that provided by
this state, may, without further examination, receive a certificate of
licensure, provided that such applicant has not previously failed at an
examination held by the board of this state. The issuance of a certificate of
licensure by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 19. Section 73-21-87, Mississippi Code of 1972, is amended as follows:
73-21-87. (1) To obtain a license to engage in the practice of pharmacy by reciprocity or license transfer, the applicant shall:
(a) Have submitted a written application on the form prescribed by the board;
(b) Be of good moral character;
(c) Have possessed at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in that state;
(d) Have presented to the board proof that any license or licenses granted to the applicant by any other states have not been suspended, revoked, cancelled or otherwise restricted for any reason except nonrenewal or the failure to obtain required continuing education credits; and
(e) Have paid all fees specified by the board for licensure.
(2) No applicant shall be eligible for licensure by reciprocity or license transfer unless the state in which the applicant was initially licensed also grants a reciprocal license or transfer license to pharmacists licensed by this state under like circumstances and conditions.
(3) The issuance of a
license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(4) 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.
SECTION 20. Section 73-23-51, Mississippi Code of 1972, is amended as follows:
73-23-51. (1) The board
may license as a physical therapist or as a physical therapist assistant, and
furnish a certificate of licensure without examination to, any applicant who
presents evidence, satisfactory to the board, of having passed an examination
before a similar lawfully authorized examining agency or board in physical
therapy of another state or the District of Columbia, if the standards for
registration in physical therapy or for licensure as a physical therapist
assistant in such other state or district are determined by the board to be as
high as those of this state. The issuance of a license by reciprocity to a
military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(2) Any person who has been trained as a physical therapist in a foreign country and desires to be licensed under this chapter and who: (a) is of good moral character; (b) holds a diploma from an educational program for physical therapists approved by the board; (c) submits documentary evidence to the board that he has completed a course of professional instruction substantially equivalent to that obtained by an applicant for licensure; (d) demonstrates satisfactory proof of proficiency in the English language; and (e) meets other requirements established by rules of the board, may make application on a form furnished by the board for examination as a foreign-trained physical therapist. At the time of making such application, the applicant shall pay the fee prescribed by the board, no portion of which shall be returned.
Any person who desires to be licensed under this subsection shall take an examination approved by the board and shall obtain a permanent license. If this requirement is not met, the license of the foreign-trained therapist may be revoked.
SECTION 21. Section 73-23-53, Mississippi Code of 1972, is amended as follows:
73-23-53. (1) A temporary license to practice as a physical therapist or physical therapist assistant may be granted to those persons meeting the requirements stated in Section 73-23-47 and who (a) have not taken the approved examination, or (b) have taken the approved examination but have not received the results of the examination. The temporary license shall be granted for a period not to exceed ninety (90) days. Any physical therapist granted a temporary license under the provisions of this subsection shall restrict his practice to the State of Mississippi and shall be under the direct supervision of a physical therapist licensed in Mississippi (physical therapy assistants shall be under the direct on-site supervision of a Mississippi licensed physical therapist). Documentation verifying the supervision shall be on file with the board before a temporary license is granted.
(2) The board may by rule
provide for the issuance of a temporary license to a physical therapist or a
physical therapist assistant licensed in another state who is moving into the
state and has filed an application with the board for a permanent license in
this state. This temporary license will be granted for a period not to exceed
sixty (60) days. The issuance of a temporary license to a military-trained
applicant * * *,
military spouse or person who establishes residence in this state shall
be subject to the provisions of Section 73-50-1.
(3) Any person granted a temporary license who is required to take the approved examination and fails to take the exam as required by the board or does not pass the required exam shall have the temporary license automatically expire by operation of law and without further action of the board and no license of any type shall be issued until such person has passed an approved examination.
(4) Any person who has taken but not passed the required examination in this or another jurisdiction shall not be eligible for a license of any type until an approved examination is passed.
(5) Any person who has been trained as a physical therapist or physical therapist assistant in a foreign country and desires to be temporarily licensed under this subsection shall, in addition to satisfying such other requirements established by the board, demonstrate proficiency in the English language and meet the other requirements of Section 73-23-51(2) before such temporary license shall be issued.
(6) During a lawfully declared local, state or national disaster or emergency, the board may issue a temporary license to any otherwise qualified physical therapist or physical therapist assistant licensed and in good standing in another state or territory of the United States and who meets such other requirements as the board may prescribe by rule and regulation.
SECTION 22. Section 73-24-21, Mississippi Code of 1972, is amended as follows:
73-24-21. (1) The board shall grant a license to any person certified prior to July 1, 1988, as an Occupational Therapist Registered (OTR) or a Certified Occupational Therapy Assistant (COTA) by the American Occupational Therapy Association (AOTA). The board may waive the examination, education or experience requirements and grant a license to any person certified by AOTA after July 1, 1988, if the board determines the requirements for such certification are equivalent to the requirements for licensure in this chapter.
(2) The board may waive the
examination, education or experience requirements and grant a license to any
applicant who shall present proof of current licensure as an occupational
therapist or occupational therapy assistant in another state, the District of
Columbia or territory of the United States which requires standards for
licensure considered by the board to be equivalent to the requirements for
licensure of this chapter. The issuance of a license by reciprocity to a
military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(3) Foreign-trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of Section 73-24-19. The board shall require foreign-trained applicants to furnish proof of good moral character and completion of educational and supervised fieldwork requirements substantially equal to those contained in Section 73-24-19 before taking the examination.
SECTION 23. Section 73-25-21, Mississippi Code of 1972, is amended as follows:
73-25-21. The State Board of Medical Licensure may grant license to practice medicine without examination as to learning to graduates in medicine or osteopathic medicine who hold license to practice medicine from another state, provided the requirements in such state are equal to those required by the State Board of Medical Licensure. The State Board of Medical Licensure may affiliate with and recognize for the purpose of waiving examination diplomates of the National Board of Medical Examiners, or the National Board of Examiners for Osteopathic Physicians and Surgeons in granting license to practice medicine in Mississippi. In addition, the board may grant a license to practice medicine without examination to Licentiates of the Medical Council of Canada (LMCC) who are graduates of Canadian medical schools which are accredited by the Liaison Committee on Medical Education, as sponsored by the American Medical Association and the Association of American Medical Colleges, and by the Committee for Accreditation of Canadian Medical Schools, as sponsored by the Canadian Medical Association and the Association of Canadian Medical Colleges.
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 24. Section 73-27-5, Mississippi Code of 1972, is amended as follows:
73-27-5. All applicants for
license shall have attained the age of twenty-one (21) years, and shall be of
good moral character; they shall have had at least four (4) years high school
and be graduates of same; they shall have at least one (1) year prepodiatry
college education and be graduates of some college of podiatry recognized as
being in good standing by the State Board of Medical Licensure. No college of
podiatry or chiropody shall be accredited by the board as a college of good
standing that does not require for graduation a course of study of at least four
(4) years (eight and one-half (8-1/2) months each) and be recognized by the
Council on Education of the American Podiatry Association. However, all
podiatrists actively engaged in the practice of podiatry in the State of
Mississippi, prior to January 1, 1938, whether graduates or not, shall, upon
furnishing proof thereof by displaying their state privilege tax license to the
Secretary of the State Board of Medical Licensure, and upon payment of fee of
Ten Dollars and Twenty-five Cents ($10.25), be entitled to a license without an
examination, and applications for the license shall be filed not later than
sixty (60) days after February 17, 1938. Upon payment of a fee prescribed by
the State Board of Medical Licensure, not to exceed Five Hundred Dollars ($500.00),
a license without examination may be issued to podiatrists of other states
maintaining equal statutory requirements for the practice of podiatry and
extending the same reciprocal privileges to this state. The State Board of
Medical Licensure may affiliate with the National Board of Chiropody or
Podiatry Licensure in granting licenses to practice podiatry in Mississippi,
provided the written examination covers at least two-thirds (2/3) of the
subjects set forth in Section 73-27-9. The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
To qualify for a Mississippi podiatry license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-27-13. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on 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.
SECTION 25. Section 73-29-19, Mississippi Code of 1972, is amended as follows:
73-29-19. An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license upon payment of a fee of Fifty Dollars ($50.00) and the production of satisfactory proof that:
(1) He is at least twenty-one (21) years of age;
(2) He is a citizen of the United States;
(3) He is of good moral character;
(4) The requirements for the licensing of polygraph examiners in such particular state or territory of the United States were, at the date of the applicant's licensing therein, substantially equivalent to the requirements now in force in this state;
(5) The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two (2) years prior to his application for license hereunder;
(6) Such other state or territory grants similar reciprocity to license holders of this state; and
(7) He has complied with Section 73-29-17.
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 26. Section 73-30-15, Mississippi Code of 1972, is amended as follows:
73-30-15. The board shall
enter into a reciprocal agreement with any state which licenses counselors if
the board finds that such state has substantially the same requirements for
licensure. The issuance of a license by reciprocity to a military-trained
applicant * * *,
military spouse or person who establishes residence in this state shall
be subject to the provisions of Section 73-50-1.
SECTION 27. Section 73-31-14, Mississippi Code of 1972, is amended as follows:
73-31-14. (1)
Psychologists who are duly licensed in other jurisdictions and not currently under
investigation by another licensure board may, upon application for
licensure, apply for a temporary license, which shall be valid until the next
administration of the oral examination. The temporary license shall be issued
upon the applicant's passage of the Examination for Professional Practice of
Psychology (EPPP) at the level established by the board in its rules and
regulations and equivalent to that required for permanent licensure. Each
applicant for a temporary license shall file an application upon a form and in
the manner as the board prescribes, accompanied by a fee equal to the amount
required for permanent licensure. A temporary license will lapse for any
person who has failed the oral examination or has had his or her license
suspended or revoked by the board. Procedures for the issuance of temporary
licenses shall be established by the board in its rules and regulations. The
issuance of a temporary license to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(2) Psychologists who are duly licensed in other jurisdictions may apply for a temporary practice certificate that allows them to practice psychology on a temporary basis in the State of Mississippi. That practice must be limited in scope and duration, not exceeding thirty (30) days during a consecutive twelve-month period. Applicants for a temporary practice certificate shall provide to the board the nature of the practice before providing that service, and shall make available to the board a current copy of his or her license or verification of a valid license in good standing. Psychologists who receive temporary practice certificates are subject to a jurisprudence examination at the request of the board. This authority for a temporary practice certificate does not apply to a psychologist who has been denied licensure in Mississippi, is a legal resident of Mississippi, or intends to practice full-time or a major portion of their time in Mississippi. Each applicant for a temporary practice certificate shall file an application upon a form and in the manner as the board prescribes, accompanied by a fee in an amount determined by the board, but not to exceed Three Hundred Dollars ($300.00).
(3) Applicants awaiting licensure in Mississippi are prohibited from the practice of psychology without a temporary license issued by the board. For the purposes of this subsection, the practice of psychology shall be construed without regard to the means of service provision (e.g., face-to-face, telephone, Internet, telehealth).
SECTION 28. Section 73-31-15, Mississippi Code of 1972, is amended as follows:
73-31-15. (1) Upon application accompanied by the proper fee, the board may issue a license to any psychologist who furnishes, upon a form and in the manner as the board prescribes, evidence satisfactory to the board that he or she is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or possesses a valid Certificate of Professional Qualification (CPQ) granted by the Association of State and Provincial Psychology Boards; or has at least twenty (20) years of licensure to practice in another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico or Canadian Province when that license was based on a doctoral degree; and
(a) Has had no disciplinary sanction during the entire period of licensure; and
(b) Is not currently under investigation by another licensure board; and
(c) Has demonstrated current qualification by successfully passing the oral examination and jurisprudence examination.
(2) The issuance of a
license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 29. Section 73-33-9, Mississippi Code of 1972, is amended as follows:
73-33-9. The Mississippi
State Board of Public Accountancy may, in its discretion, issue a reciprocal
certified public accountant license to practice to any holder of any certified
public accountant's certificate or license issued under the law of another
state, which shall entitle the holder to use the abbreviation, "CPA,"
in this state provided that the state issuing the original certificate or
license grants similar privileges to the certified public accountants of this
state. The fee for a license shall be in such reasonable amount as determined
by the board. Such license shall not allow the holder thereof to engage in the
practice of public accounting as a certified public accountant unless the
holder meets the requirements of the Mississippi State Board of Public
Accountancy. This section shall apply only to a person who wishes to obtain a
license issued by the State of Mississippi and shall not apply to those persons
practicing in this state under Section 73-33-17. The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 30. Section 73-34-51, Mississippi Code of 1972, is amended as follows:
73-34-51. (1) Each applicant for licensure under this chapter who is not a resident of this state shall submit, with his application, an irrevocable consent that legal action arising out of his activities as a real estate appraiser in this state may be commenced against him in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by laws of this state, by the Secretary of State, or by the Administrator of the Mississippi Real Estate Commission. The consent shall stipulate that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged. Every nonresident licensee shall consent to have any hearings conducted by the board pursuant to Section 73-34-35 at a place designated by the board.
(2) Any service of process or pleading shall be served on the Administrator of the Mississippi Real Estate Commission by filing duplicate copies, one (1) of which shall be filed in the office of the board and the other forwarded by certified mail to the last-known principal address of the nonresident licensee against whom the process or pleading is directed.
(3) If, in the
determination of the board, another state or territory or the District of
Columbia is deemed to have substantially equivalent licensure laws for real
estate appraisers, an applicant for licensure in this state who is licensed
under the law of such other state, territory or district may obtain a license
as a real estate appraiser in this state upon such terms and conditions as may
be determined by the board provided that disciplinary proceedings are not
pending against such applicant in his state of licensure. The issuance of a
license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 31. Section 73-35-7, Mississippi Code of 1972, is amended as follows:
73-35-7. Licenses shall be granted only to persons who present, and to corporations, partnerships, companies or associations whose officers, associates or partners present satisfactory proof to the commission that they are trustworthy and competent to transact the business of a real estate broker or real estate salesperson in such manner as to safeguard the interests of the public. Every person who applies for a resident license as a real estate broker: (a) shall be age twenty-one (21) years or over, and have his legal domicile in the State of Mississippi at the time he applies; (b) shall be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof; (c) shall not be an elector in any other state; (d) shall have held a license as an active real estate salesperson for twelve (12) months immediately prior to making application for the broker's examination hereafter specified; (e) shall have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified; (f) shall have successfully completed the real estate broker's examination as hereafter specified; and (g) shall have successfully been cleared for licensure by the commission's background investigation as provided in Section 73-35-10.
An applicant who has not held an active real estate salesperson's license for a period of at least twelve (12) months immediately prior to submitting an application shall have successfully completed a minimum of one hundred fifty (150) classroom hours in real estate courses, which courses are acceptable for credit toward a degree at a college or university as approved by the Southern Association of Colleges and Schools.
Every applicant for a resident license as a real estate salesperson shall be age eighteen (18) years or over, shall be a bona fide resident of the State of Mississippi prior to filing his application, shall have successfully completed a minimum of sixty (60) hours in courses in real estate as hereafter specified, and shall have successfully completed the real estate salesperson's examination as hereafter specified.
The residency requirements set forth in this section shall not apply to those licensees of other states who qualify and obtain nonresident licenses in this state.
The commission is authorized
to exempt from such prelicensing educational requirements, in whole or in part,
a real estate licensee of another state who desires to obtain a license under
this chapter, provided that the prelicensing educational requirements in the
other state are determined by the commission to be equivalent to prelicensing
educational requirements in this state and provided that such state extends
this same privilege or exemption to Mississippi real estate licensees. The
issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 32. Section 73-35-13, Mississippi Code of 1972, is amended as follows:
73-35-13. (1) In addition to proof of his honesty, trustworthiness and good reputation, the applicant shall take a written examination which shall be held at least four (4) times each year at regular intervals and on stated times by the commission and shall test reading, writing, spelling, elementary arithmetic and his general knowledge of the statutes of this state relating to real property, deeds, mortgages, agreements of sale, agency, contract, leases, ethics, appraisals, the provisions of this chapter and such other matters the commission certifies as necessary to the practice of real estate brokerage in the State of Mississippi. The examination for a broker's license shall differ from the examination for a salesperson's license, in that it shall be of a more exacting nature and require higher standards of knowledge of real estate. The commission shall cause examinations to be conducted at such times and places as it shall determine.
(2) In event the license of any real estate broker or salesperson is revoked by the commission subsequent to the enactment of this chapter, no new license shall be issued to such person unless he complies with the provisions of this chapter.
(3) No person shall be permitted or authorized to act as a real estate broker or salesperson until he has qualified by examination, except as hereinbefore provided. Any individual who fails to pass the examination for salesperson upon two (2) occasions, shall be ineligible for a similar examination, until after the expiration of three (3) months from the time such individual last took the examination. Any individual who fails to pass the broker's examination upon two (2) occasions, shall be ineligible for a similar examination until after the expiration of six (6) months from the time such individual last took the examination, and then only upon making application as in the first instance.
(4) If the applicant is a partnership, association or corporation, the examination shall be taken on behalf of the partnership, association or corporation by the member or officer thereof who is designated in the application as the person to receive a license by virtue of the issuing of a license to such partnership, association or corporation.
(5) Upon satisfactorily passing such examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be issued to the successful applicant who, upon receiving such license, is authorized to conduct the business of a real estate broker or real estate salesperson in this state.
(6) The commission is
authorized to exempt from such examination, in whole or in part, a real estate
licensee of another state who desires to obtain a license under this chapter,
provided that the examination administered in the other state is determined by
the commission to be equivalent to such examination given in this state and
provided that such other state extends this same privilege or exemption to
Mississippi real estate licensees. The issuance of a license by reciprocity to
a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 33. Section 73-36-31, Mississippi Code of 1972, is amended as follows:
73-36-31. A person not a
resident of and having no established place of business in Mississippi, or who
has recently become a resident, may use the title of registered forester in
Mississippi, provided: (a) such person is legally licensed as a registered
forester in his own state or county and has submitted evidence to the board
that he is so licensed and that the requirements for registration are at least
substantially equivalent to the requirements of this chapter; and (b) the state
or county in which he is so licensed observes these same rules of reciprocity
in regard to persons licensed under this chapter. Each person seeking the
privileges of reciprocity granted under this chapter shall submit his
application to the board and must receive a card or certificate from the board
before exercising such privileges. The fee for obtaining a license through
reciprocity shall be the same as charged a Mississippi licensee. The issuance
of a license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 34. Section 73-38-23, Mississippi Code of 1972, is amended as follows:
73-38-23. (1) The board
may waive the examination for licensure of any applicant who presents proof of
current licensure in another state, including the District of Columbia, or
territory of the United States which maintains professional standards
considered by the council to be equivalent to those set forth in this chapter.
The issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
(2) The board shall waive the examination for licensure of any person certified as clinically competent by ASHA in the area for which such person is applying for licensure.
SECTION 35. Section 73-39-71, Mississippi Code of 1972, is amended as follows:
73-39-71. (1) The board may issue a license by endorsement to an applicant who furnishes satisfactory proof that he is a graduate of an accredited college of veterinary medicine or the educational equivalence. The applicant must also show that he is a person of good moral character and is licensed to practice veterinary medicine in at least one (1) state, territory or district of the United States and has practiced veterinary medicine in one or more of those states without disciplinary action by any state or federal agency for at least the three (3) years immediately before filing the application.
(2) The board may examine any person qualifying for licensing under this section.
(3) The issuance of a
license by endorsement to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
SECTION 36. Section 73-53-13, Mississippi Code of 1972, is amended as follows:
73-53-13. The board shall issue the appropriate license to applicants who meet the qualifications of this section.
(a) A license as a "licensed social worker" shall be issued to an applicant who demonstrates to the satisfaction of the board that he or she meets the following qualifications:
(i) Has a baccalaureate degree in social work from a college or university accredited by the Council on Social Work Education or Southern Association of Colleges and Schools and has satisfactorily completed the Association for Social Work Boards (ASWB) examination for this license; or
(ii) Has a comparable license or registration from another state or territory of the United States of America that imposes qualifications substantially similar to those of this chapter.
(b) A license as a "licensed master's social worker" shall be issued to an applicant who demonstrates to the satisfaction of the board that he or she meets the following qualifications:
(i) Has a doctorate or master's degree from a school of social work accredited by the Council on Social Work Education; and
(ii) Has satisfactorily completed the ASWB examination for this license; or
(iii) Has a comparable license or registration from another state or territory of the United States of America that imposes qualifications substantially similar to those of this chapter.
(c) A license as a "licensed certified social worker" shall be issued to an applicant who demonstrates to the satisfaction of the board that he or she meets the following qualifications:
(i) Is licensed under this section as a "master's social worker"; and
(ii) Has twenty-four (24) months of professional supervision and clinical or macro social work practice experience acceptable to the board, under appropriate supervision; and
(iii) Has satisfactorily completed the ASWB examination for this license; or
(iv) Has a comparable license or registration from another state or territory of the United States of America that imposes qualifications substantially similar to those of this chapter.
(d) In addition to the above qualifications, an applicant for any of the above licenses must prove to the board's satisfaction:
(i) Age of at least twenty-one (21) years, and
(ii) Good moral character, which is a continuing requirement for licensure, and
(iii) United States of America citizenship or status as a legal resident alien, and
(iv) Absence of conviction of a felony related to the practice of social work for the last ten (10) years. Conviction, as used in this subparagraph, includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere, and
(v) That the applicant has not been declared mentally incompetent by any court, and if any such decree has ever been rendered, that the decree has since been changed, and
(vi) Freedom from dependency on alcohol or drugs, and
(vii) Complete criminal history records check, including a fingerprint and an acceptable sex offender check, by appropriate governmental authorities as prescribed by the board.
(e) Only individuals licensed as "certified social workers" shall be permitted to call themselves "clinical social workers."
The issuance of a license by
reciprocity to a military-trained applicant * * *, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1.
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.
SECTION 37. Section 73-54-23, Mississippi Code of 1972, is amended as follows:
73-54-23. The board shall
issue a license by examination of credentials to any applicant licensed or
certified as a marriage and family therapist in another state that has such
requirements for the license or certificate that the board is of the opinion
that the applicant is competent to engage in the practice of marriage and
family therapy in this state, provided that the applicant submits an application
on forms prescribed by the board, has passed the national Examination in
Marital and Family Therapy, and pays the original licensure fee prescribed by
Section 73-54-25. The issuance of a license by reciprocity to a military-trained
applicant * * *,
military spouse or person who establishes residence in this
state shall be subject to the provisions of Section 73-50-1.
SECTION 38. Section 73-60-25, Mississippi Code of 1972, is amended as follows:
73-60-25. A home inspector
license may be issued to a home inspector from another state who satisfies one
(1) of the following requirements: (a) holds a valid certificate of
certification, registration or home inspector license in good standing issued
by another state, which has requirements for licensure substantially identical
to those of this state, or (b) has passed the examination offered by the
American Society of Home Inspectors or the National Association of Home
Inspectors. The issuance of a license by reciprocity to a military-trained
applicant * * *,
military spouse or person who establishes residence in this
state shall be subject to the provisions of Section 73-50-1.
SECTION 39. Section 73-63-39, Mississippi Code of 1972, is amended as follows:
73-63-39. (1) The board may sign agreements with boards of registration, licensure or certification in other states, and with other appropriate organizations and agencies, for the purposes of:
(a) Developing uniform standards for registration of professional geologists or enrollment of geologists-in-training;
(b) Accrediting educational programs;
(c) Establishing reciprocity, comity, temporary registration, or mutual recognition of registration or enrollment;
(d) Developing regional or national examinations;
(e) Evaluating applicants; or
(f) Other purposes consistent with this chapter.
(2) Any person holding a
valid certificate of registration, licensure or certification for the practice
of geology or a recognized specialty of geology, issued under the laws of any
state or territory or possession of the United States, or any foreign country,
shall be eligible for registration, without examination. The board may issue a
certificate of registration to any person who has made application, provided
proof of registration, licensure or certification under requirements which the
board determines to be substantially similar to those established under this
chapter and paid all applicable fees. The issuance of a certificate of
registration by reciprocity to a military-trained applicant * * *, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1.
SECTION 40. Section 73-65-7, Mississippi Code of 1972, is amended as follows:
73-65-7. (1) The board shall issue a license as a licensed professional art therapist to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant is at least twenty-one (21) years of age, is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., demonstrates professional competency by satisfactorily passing the required examination, and is a board-certified art therapist as defined by the Art Therapy Credentials Board, Inc.
(2) The board may approve on a case-by-case basis applicants who have a master's degree or a doctoral degree from nonaccredited institutions.
(3) If an applicant has met all of the requirements for licensure except satisfactorily passing the required examination, the applicant shall be scheduled to take the next examination following the approval of the examination.
(4) The board may issue a
license to an applicant without examination if the person possesses a valid
regulatory document issued by the appropriate examining board under the laws of
any other state or territory of the United States, the District of Columbia, or
any foreign nation that in the judgment of the board has requirements
substantially equivalent to or exceeding the requirements in this section. The
issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1.
(5) The board may issue provisional licensure as a professional art therapist to any person who has completed the educational requirements established by the Art Therapy Credentials Board, Inc., and has met all requirements for licensure as a professional art therapist, except the experience and/or examination requirements, and is under the supervision of a supervisor acceptable to the board.
(6) The board may set criteria for continuing education and supervisory experience.
SECTION 41. Section 73-67-25, Mississippi Code of 1972, is amended as follows:
73-67-25. (1) An applicant may be licensed by demonstrating proof that the applicant holds a valid, current license in another state with similar educational requirements to those required by this chapter, and that all other licensure requirements under this chapter are met. This is subject to investigation by the board and excludes grandfathering by other states.
(2) If an individual who is licensed in another state that has licensing standards substantially equivalent to the standards under this chapter applies for licensure, the board may issue a provisional permit authorizing the applicant to practice massage therapy pending completion of documentation that the applicant meets the requirements for licensure under this chapter. The provisional permit may reflect statutory limitations on the scope of practice. The provisional permit shall not be issued until an applicant has successfully passed the Mississippi State Law Examination.
(3) A current massage therapy license issued by the board shall at all times be prominently displayed in any place where massage therapy is being practiced.
(4) A license issued under this chapter is not transferable or assignable.
The issuance of a license or provisional permit by reciprocity to a
military-trained applicant * * *, military spouse
or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1.
SECTION 42. Section 73-69-11, Mississippi Code of 1972, is amended as follows:
73-69-11. (1) Any person employed by an alarm contracting company shall hold an individual license issued by the State Fire Marshal. Such license shall authorize its holder to engage in alarm contracting, only to the extent of the terms as further provided in this chapter.
(2) Such application shall be accompanied by:
(a) Two (2) suitable photographs of the applicant acceptable to the State Fire Marshal. The State Fire Marshal shall keep one (1) photograph on file and shall make the other photograph a part of any license subsequently issued to the applicant.
(b) Documentation that the applicant meets educational requirements applicable to the type of license for which he is applying, as follows:
(i) For a Class B license: a minimum of Electronic Security Association, Level 2 A and Level 2 B Burglar Alarm training course or the Electronic Security Association, Fire Alarm Installation Methods and Advanced Intrusion Systems training courses, or equivalent training approved by the State Fire Marshal, and documentation proving residency within a radius of one hundred fifty (150) miles of the office to which he is assigned.
(ii) For a Class C license: a minimum of Electronic Security Association Level 1 Certified Alarm/Security Technician training course, or equivalent training approved by the State Fire Marshal.
(iii) For a Class D license: a minimum of Electronic Security Association, Understanding Electronic Security Systems training course, or equivalent training approved by the State Fire Marshal.
(iv) For a Class H license: application a Class B or Class C license holder that they will provide direct supervision of the Class H licensee.
(c) (i) A statement by the applicant that he has not been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge. A felony that has been dismissed pursuant to the Mississippi Criminal Code or equivalent judicial dismissal shall not apply to this paragraph.
(ii) A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to subparagraph (i) if ten (10) or more years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication or period of probation or parole.
(iii) Subparagraph (ii) shall not apply to any person convicted of a felony crime of violence or a sex offense as defined within the Mississippi Criminal Code.
(d) The State Fire Marshal shall have the authority to conduct criminal history verification on a local, state or national level. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, an applicant shall submit a set of fingerprints with the submission of an application for license. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund.
(e) The application fee authorized by this chapter.
(3) The State Fire Marshal shall have the authority to determine if information submitted by an applicant is in a form acceptable to him. The State Fire Marshal shall verify or have another entity verify information submitted by each applicant.
(4) If the State Fire Marshal finds that an applicant has met the applicable requirements of the alarm licensing law, he shall issue the appropriate type of license to the applicant upon payment of the license fee authorized by this chapter.
(5) Each individual license holder shall maintain his license on his person while engaging in any type of alarm contracting as applicable. Each such license holder shall present his license for inspection upon demand by an employee of the Office of the State Fire Marshal or a law enforcement officer.
(6) Each individual license holder shall notify the State Fire Marshal, on a form specified and provided by the State Fire Marshal, within ten (10) days of the following:
(a) Any change in business or home address.
(b) Any separation from an employer or change in employer.
(c) Any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.
(7) No individual licensed under this chapter shall contract for his services as an independent contractor or agent without applying for and being issued a Class A license per Section 73-69-9. No alarm contracting company shall contract for the independent services of a holder of an individual license under this section.
(8) The State Fire Marshal
may enter into reciprocal agreements with other states for mutual recognition
of individual license holders, if the State Fire Marshal has established the
criteria for acceptance of reciprocal agreements by rule or regulation. The
issuance of a license by reciprocity to a military-trained applicant * * *, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1.
(9) If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.
SECTION 43. Section 73-71-21, Mississippi Code of 1972, is amended as follows:
73-71-21. The board may, at its discretion, issue a license without examination to an acupuncture practitioner who has been licensed, certified or otherwise formally legally recognized as an acupuncturist or acupuncture practitioner in any state or territory if all three (3) of the following conditions are met to its satisfaction:
(a) The applicant meets the requirements of practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist or acupuncture practitioner;
(b) The requirements for practice in the state or territory in which the applicant is licensed, certified or registered as an acupuncturist or acupuncture practitioner are at least as stringent as those of this state; and
(c) The state or territory in which the applicant is licensed, certified or legally recognized as an acupuncturist or acupuncture practitioner permits an acupuncture practitioner licensed in this state to practice acupuncture or acupuncture in that jurisdiction by credentials examination.
The issuance of a license by reciprocity to a military-trained applicant * * *, military spouse
or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1.
SECTION 44. Section 73-73-11, Mississippi Code of 1972, is amended as follows:
73-73-11. The board and
IDAC may accept applications for Mississippi certification from an interior
designer in another jurisdiction pursuant to Section 73-73-7 or 73-73-9. The
issuance of a certification by reciprocity to a military-trained applicant * * *, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1.
SECTION 45. Section 73-75-15, Mississippi Code of 1972, is amended as follows:
73-75-15. Waiver of
eligibility requirements. The board may waive the examination for
licensure of any applicant who presents proof of current licensure in another
state, including the District of Columbia, or territory of the United States
which maintains professional standards considered by the board to be equivalent
to those set forth in this chapter. The issuance of a license by reciprocity
to a military-trained applicant * * *, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1.
SECTION 46. This act shall take effect and be in force from and after July 1, 2020.