MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Creekmore IV
AN ACT TO CREATE NEW SECTION 73-50-2.1, MISSISSIPPI CODE OF 1972, TO IMPOSE CERTAIN REQUIREMENTS ON AN APPLICANT WHO ESTABLISHES RESIDENCE IN THIS STATE AND, BASED ON WORK EXPERIENCE IN ANOTHER STATE, IS SEEKING LICENSURE IN MISSISSIPPI AS A BEHAVIORAL HEALTH PROFESSIONAL; TO REQUIRE SUCH APPLICANTS TO UNDERGO CRIMINAL BACKGROUND CHECKS, SUBMIT TWO FORMS OF DOCUMENTATION TO VERIFY RESIDENCY, AND MEET MINIMUM PROFESSIONAL STANDARDS BEFORE RECEIVING A LICENSE; TO PROVIDE FOR DISCIPLINARY ACTION AGAINST AN APPLICANT WHO MISREPRESENTS HIS OR HER RESIDENCY, EDUCATIONAL CREDENTIALS, SUPERVISED PRACTICE RECORDS OR CRIMINAL HISTORY; TO AMEND SECTION 73-50-2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-50-2.1, Mississippi Code of 1972:
73-50-2.1. (1) (a) This section applies exclusively to an applicant who establishes residence in this state and, based on work experience in another state, is seeking licensure in Mississippi as a behavioral health professional, including as a Licensed Marriage and Family Therapist (LMFT), Licensed Professional Counselor (LPC), Licensed Clinical Social Worker (LCSW), Licensed Master Social Worker (LMSW), or Licensed Psychologist.
(b) As used in this section, "behavioral health professional" means any individual licensed or seeking licensure as a marriage and family therapist, professional counselor, clinical social worker, master social worker or psychologist and practicing within the scope defined by Mississippi law and the current rules and regulations of the licensing board for the specific discipline.
(3) (a) The requirements in this section are designed to ensure that all behavioral health professionals licensed in Mississippi meet the state's professional, ethical and residency standards.
(b) The purpose of these requirements is to safeguard the public, preserve the integrity of behavioral health professions, and ensure that Mississippi residents receive services from qualified and accountable professionals.
(c) This section further protects the interests of behavioral health professionals practicing in Mississippi by preventing large recruiting agencies and out-of-state corporations from disproportionately flooding the market with temporary licensees, thereby maintaining fair practice standards and ensuring the stability of the state's mental health workforce.
(d) The requirements of this section are in addition to the requirements of Section 73-50-2 and shall control in the case of a conflict.
(4) (a) All applicants for licensure under this section shall undergo state and federal criminal background checks before the issuance of any temporary or full license.
(b) No temporary license shall be issued until the results of the required background checks have been received and reviewed by the appropriate professional licensing board.
(c) Each professional licensing board shall determine, consistent with state law, the impact of an applicant's criminal history on eligibility for licensure, and may deny, condition, suspend or revoke a license based on the results.
(d) Any applicant who fails to complete the required background check, or who provides false or misleading information in connection with the background check, shall be denied licensure.
(5) (a) All applicants for licensure under this section shall provide proof of bona fide Mississippi residency within sixty (60) days of application approval. Residency must be verified by at least two (2) forms of documentation, which may include, but are not limited to: a Mississippi driver's license, voter registration, vehicle registration, state tax filing, lease/mortgage agreement or utility bill. Proof of employment with a Mississippi-based practice, business or institution is required.
(b) No business entity, organization or institution shall sponsor or employ more than five (5) temporary licensees per calendar year unless headquartered and actively operating in Mississippi. Out-of-state recruiters, companies or agencies without a physical office in Mississippi may not serve as sponsors.
(c) Failure to maintain residency shall result in automatic suspension of licensure. Misrepresentation of residency shall result in denial or revocation of licensure and civil penalties, and may result in reporting to the applicant's home-state licensing authority.
(6) (a) Each professional licensing board shall verify that applicants meet Mississippi's minimum educational, supervised practice and supervision requirements before issuance of full licensure. Verification shall include confirmation of degree completion from an accredited program recognized by nationally recognized credentialing bodies (COAMFTE, CACREP, CSWE, APA or equivalent). Documentation of supervised professional practice hours meeting minimum requirements established by law shall also be required when applicable.
(b) Professional licensing boards are authorized to require direct confirmation of educational credentials and supervised practice records from the originating licensing board, academic institution or professional credentialing body.
(c) Any applicant who fails to meet Mississippi's minimum professional standards shall be denied full licensure. Misrepresentation of educational or supervised practice records shall result in denial or revocation of licensure and may be reported to the applicant's home-state licensing authority.
(7) (a) Temporary licenses shall be issued within sixty (60) days of receipt of a complete application, provided that sufficient documentation has been submitted to demonstrate substantial compliance with Mississippi licensure requirements.
(b) Temporary licenses are valid for a maximum of three hundred sixty-five (365) days. During this temporary licensure period, the applicant is authorized to practice under the supervision of the relevant licensing board; however, private practice is prohibited until a full, unrestricted license is granted.
(c) At the conclusion of the temporary licensure period, applicants must complete a re-attestation of Mississippi residency before issuance of full licensure. The re-attestation shall include proof of continued domicile, such as a driver's license, voter registration, state tax return, lease/mortgage or utility bill. Licensing boards may conduct random audits at any time to ensure compliance with this requirement.
(d) The licensing board shall verify that all requirements, including criminal background checks, educational credential confirmation, verification of supervised practice hours, and re-attestation of residency, have been successfully completed before granting a full, unrestricted license.
(e) A final application fee shall be required at the time of conversion from temporary to full licensure, the amount of which shall be determined by the licensing board through administrative rule.
(f) Temporary licenses shall not be renewed or extended beyond three hundred sixty-five (365) days period except as expressly authorized by statute.
(8) (a) Health insurance carriers operating in Mississippi shall reimburse behavioral health professionals providing services under a valid temporary license in the same manner as services provided by fully licensed professionals.
(b) Reimbursement under a temporary license is subject to recoupment in cases where full licensure is subsequently denied or revoked.
(9) (a) Any applicant or licensee who fails to meet the requirements set forth in this section shall be denied licensure or have their license suspended or revoked.
(b) Misrepresentation of residency, educational credentials, supervised practice records or criminal history shall result in immediate disciplinary action, including denial, revocation or reporting to the applicant's home-state licensing authority.
SECTION 2. Section 73-50-2, Mississippi Code of 1972, is amended as follows:
73-50-2. (1) This section shall be known as the "Universal Recognition of Occupational Licenses Act."
(2) 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 by the state 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.
(3) * * * Except as provided in
Section 73-50-2.1, notwithstanding any other provision of law, an
occupational licensing board shall issue a license or government certification
in the discipline applied for and at the same practice level to a person who
establishes residence in this state if, upon application to an occupational
licensing board, the applicant satisfies the following conditions:
(a) The applicant holds a current and valid license in good standing in another state in an occupation with a similar scope of practice, as determined by the occupational licensing board in Mississippi, and has held this license from the occupational licensing board in the other state for at least one (1) year; and
(b) There were minimum education requirements and, if applicable, work experience, examination and clinical supervision requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed in that state; and
(c) The applicant has not committed any act in the other state that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in Mississippi at the time the act was committed, and the applicant does not have a disqualifying criminal record as determined by the occupational licensing board in Mississippi under Mississippi law; and
(d) The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's work in the occupation in another state; and
(e) The applicant does not have a complaint, allegation or investigation pending before an occupational licensing board or other board in another state that relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation or investigation pending, the occupational licensing board in Mississippi shall not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in Mississippi to the satisfaction of the occupational licensing board in Mississippi; and
(f) The applicant pays all applicable fees in Mississippi.
(4) * * * Except as provided in
Section 73-50-2.1, notwithstanding any other law, the occupational
licensing board shall issue a license to an applicant 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 based on work
experience in another state, if all the following apply:
(a) The applicant worked in a state that does not use a license to regulate a lawful occupation, but Mississippi uses a license to regulate a lawful occupation with a similar scope of practice, as determined by the occupational licensing board;
(b) The applicant worked for at least three (3) years in the lawful occupation; and
(c) The applicant satisfies the provisions of paragraphs (c) through (f) of subsection (3) of this section.
(5) An occupational licensing board may require an applicant to pass a jurisprudential examination specific to relevant state laws in Mississippi that regulate the occupation if the issuance of a license in Mississippi requires an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules in Mississippi that regulate the occupation.
(6) For purposes of this section, residence may be established by demonstrating proof of a state-issued identification card or one (1) of the following:
(a) Current Mississippi residential utility bill with the applicant's name and address;
(b) Documentation of the applicant's current ownership, or current lease of a residence in Mississippi;
(c) Documentation of current in-state employment or notarized letter of promise of employment of the applicant or his or her spouse; or
(d) Any verifiable documentation demonstrating Mississippi residency.
(7) (a) 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.
(b) A person seeking licensure as a behavioral health professional as defined in Section 73-50-2.1 is subject to the requirements of that section.
(8) 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.
(9) The occupational licensing board shall issue or deny the license to the applicant within one hundred twenty (120) days after receiving an application.
If the application requires longer than two (2) weeks to process, the occupational licensing board shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalties of perjury, affirming that he or she satisfies the provisions of subsection (3) or subsection (4) and pays all applicable fees as required by subsection (3)(f) or subsection (4)(c).
The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued, in accordance with rules adopted by the occupational licensing board. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirement for licensure in subsections (3) through (5), as applicable.
(10) (a) The applicant may appeal any of the following decisions of an occupational licensing board to a court of general jurisdiction:
(i) Denial of a license;
(ii) Determination of the occupation;
(iii) Determination of the similarity of the scope of practice of the license issued; or
(iv) Other determinations under this section.
(b) The court shall determine all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an occupational licensing board, without regard to any previous determination that may have been made on the question in any action before the occupational licensing board.
(11) An occupational licensing board shall prominently print the following on all license applications, any communication denying a license, and on the board's website: "Pursuant to the provisions of the Universal Recognition of Occupational Licenses Act, Mississippi shall recognize occupational licenses obtained from other states." An occupational licensing board shall prepare and place on the board's website an annual report detailing the number of applications submitted to the licensing board under this section during a calendar year and the actions taken by the board on the applications.
(12) An occupational licensing board shall adopt rules necessary to implement this section by January 1, 2022. In addition, an occupational licensing board shall make all reasonable efforts to issue a license to an applicant for a license under this section.
(13) Nothing in this section shall be construed to prohibit an applicant for licensure from proceeding under the existing licensure requirements established by an occupational licensing board in Mississippi.
(14) Nothing in this chapter shall be construed to prevent Mississippi from entering into a licensing compact or reciprocity agreement with another state, foreign province or foreign country. A license issued under this section is valid only in Mississippi. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in Mississippi law.
(15) 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 an applicant to obtain a license that is established under an interstate compact;
(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;
(d) The practice of medicine by physicians as regulated under Section 73-25-1 et seq.;
(e) The provisions of the Military Family Freedom Act, Section 73-50-1; or
(f) An occupation regulated under Section 73-1-1 et seq. to the extent there is a conflict with a law granting licensure reciprocity under Section 73-1-1 et seq.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.