MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Business and Financial Institutions
By: Senator(s) Burton
AN ACT TO PROVIDE THAT A PROFESSIONAL LICENSE ISSUED IN THE STATE OF MISSISSIPPI TO ANY MEMBER OF THE MISSISSIPPI NATIONAL GUARD OR UNITED STATES ARMED FORCES RESERVES SHALL NOT EXPIRE WHILE THE MEMBER IS SERVING ON FEDERAL ACTIVE DUTY AND SHALL BE EXTENDED FOR 90 DAYS AFTER HIS RETURN; TO AMEND SECTIONS 73-1-27, 73-2-15, 73-3-123, 73-4-17, 73-5-37, 73-6-17, 73-7-19, 73-9-19, 73-10-21, 73-11-51, 73-13-31, 73-14-31, 73-15-27, 73-17-11, 73-19-21, 73-21-91, 73-23-57, 73-24-27, 73-25-14, 73-26-5, 73-27-12, 73-29-29, 73-30-29, 73-31-9, 73-33-7, 73-34-25, 73-35-17, 73-36-29, 73-38-29, 73-39-75, 73-42-11, 73-53-15, 73-54-27, 73-55-13, 73-57-27, 73-59-3, 73-60-21, 73-61-3, 73-63-35, 73-65-9 AND 73-67-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. A professional license issued pursuant to any provision of Title 73 to any member of the Mississippi National Guard or the United States Armed Forces Reserves shall not expire while the member is serving on federal active duty and shall be extended for a period not to exceed ninety (90) days after his return from federal active duty. If the license is renewed during the 90-day period after his return from federal active duty, the member shall only be responsible for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as, but not limited to, late fees or delinquency fees. The member shall present to the authority issuing the professional license a copy of his official military orders or a written verification from the member's commanding officer before the end of the 90-day period in order to qualify for the extension.
SECTION 2. Section 73-1-27, Mississippi Code of 1972, is amended as follows:
73-1-27. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every registered architect who resides in this state and desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee of not to exceed Four Hundred Dollars ($400.00) and every registered architect residing out of this state who desires to continue to practice his profession in this state shall, during the time he shall continue to practice, pay biennially to the secretary of said board during the month of November, a fee of not to exceed Four Hundred Dollars ($400.00), and the secretary shall thereupon issue to such registered architect a certificate of renewal of his registration for a term of two (2) years. Upon failure to have his certificate renewed during the month of November as provided by this section, the holder thereof shall have his certificate revoked, but the failure to renew said registration in ample time shall not deprive him of the right to renewal upon payment of said fee, provided his application for reinstatement is made within two (2) years after the expiration of his certificate. On all applications for reinstatement made after January 1 of the year immediately succeeding the year in which the fee is due, there shall be a late charge of Five Dollars ($5.00) per month charged for the processing of such application.
SECTION 3. Section 73-2-15, Mississippi Code of 1972, is amended as follows:
73-2-15. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the board shall require that every landscape architect shall pay a biennial license renewal fee set by the board not in excess of Two Hundred Dollars ($200.00). The renewal fee shall be due and payable on the first day of January of each year in which the fee is required to be paid and shall become delinquent after the thirty-first day of January of such year, and if the renewal fee is not paid before it becomes delinquent, a penalty fee of Five Dollars ($5.00) shall be added to the amount thereof per month. If the renewal fee and penalty are not paid before the first day of June in the year in which they become due, the landscape architect's certificate shall be suspended. The certificate may be reinstated upon the payment of the renewal fee, the penalty fees and a reinstatement fee of Fifty Dollars ($50.00), and provision of such proof of the landscape architect's qualifications as may be required in the sound discretion of the board.
The board shall send a receipt to each landscape architect promptly upon payment of the renewal fee.
The board may recognize, prepare or administer continuing education programs for landscape architects as a basis for license renewal.
The board shall adopt an appropriate seal for use by licensed landscape architects.
SECTION 4. Section 73-3-123, Mississippi Code of 1972, is amended as follows:
73-3-123. (1) Each member of the bar shall, unless exempt by virtue of Section 73-3-125 and Section 1 of Senate Bill No. 2290, 2006 Regular Session, pay enrollment fees each year in an amount as established by the board of commissioners, but not to exceed the sum of Four Hundred Dollars ($400.00)for those members admitted to practice law for three (3) years or more; and Two Hundred Sixty Dollars ($260.00) for those members admitted to practice law for one (1) year, but less than three (3) years; and Two Hundred Dollars ($200.00) for those members admitted to practice law less than one (1) year; and Fifty Dollars ($50.00) for those members on inactive status. All enrollment fees shall be paid for the same period, that is, for the period of one (1) year beginning on the day and month to be determined as provided in Section 73-3-127. The enrollment fees shall be paid to the secretary of the bar.
(2) The Board of Bar Commissioners shall increase enrollment fees within the limitations imposed by subsection (1) of this section by not more than the minimum increment necessary to cover the annual expenses of The Mississippi Bar.
SECTION 5. Section 73-4-17, Mississippi Code of 1972, is amended as follows:
73-4-17. There shall be three (3) classes of auctioneers' licenses, which shall be livestock auctioneer, auctioneer and auction gallery. All applicants for a license under this chapter shall possess the following minimum qualifications:
(a) Applicants shall have attained the age of eighteen (18) years by the issuance date of the license.
(b) Applicants shall have obtained at a minimum a high school diploma or G.E.D. equivalent and shall be graduates of an auctioneering school approved by the commission.
(c) Each applicant for a license under this chapter shall demonstrate to the commission that he is of good moral character and worthy of public trust through background information to be provided on his application form and two (2) letters of reference from persons not related to the applicant who have known the applicant at least three (3) years. The commission may require additional information or a personal interview with the applicant to determine if such applicant should be granted a license.
(d) Each applicant for a license under this chapter shall take and successfully complete an examination as prescribed by the commission. The examination shall include questions on ethics, reading comprehension, writing, spelling, elementary arithmetic, elementary principals of land economics, general knowledge of bulk sales law, contracts of sale, agency, leases, brokerage, knowledge of various goods commonly sold at auction, ability to call bids, knowledge of sale preparation and proper sale advertising and sale summary, and knowledge of the provisions of this chapter and the commission's rules and regulations. There shall be separate examinations for auctioneer and auction gallery each based upon relevant subject matter appropriate to the license classification as set forth herein. Examinations shall be administered at least once a year and may be administered quarterly at the commission's discretion provided there are at least twenty-five (25) examinees. The commission shall ensure that the various forms of the test remain secure.
(e) In order to defray the cost of administration of the examinations, applicants for the examination shall pay fees as follows:
(i) Auctioneer....................... $ 100.00
(ii) Auction gallery................. $ 100.00
(iii) Livestock auctioneer........... $ 100.00
(f) Each applicant desiring to sit for the examination for any license required under this chapter shall be required to furnish to the commission at least thirty (30) days prior to the examination evidence of a surety bond in the following minimum amounts:
(i) Auctioneer....................... $10,000.00
(ii) Auctioneer gallery.............. $10,000.00
(iii) Livestock auctioneer........... $10,000.00
(g) In addition to the bond required herein, applicants for the auction gallery license shall furnish the commission with all relevant information concerning the premises to be licensed, to include location, whether the premises are owned or leased, and an affidavit that the proposed use of the premises as an auction gallery does not violate zoning or any other use restrictions. A separate license shall be required for each business location of the owner of multiple auction galleries.
(h) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, all licenses granted pursuant to this chapter shall be for a term of two (2) years and shall expire on the first day of March at the end of such two-year term. Biannual license fees shall be set from time to time by the commission with a maximum fee of Two Hundred Dollars ($200.00). Individuals failing to submit license renewal fees on or before March 1 of the year for renewal shall be required to successfully pass the next administration of the examination in order to renew a license.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 6. Section 73-5-37, Mississippi Code of 1972, is amended as follows:
73-5-37. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every registered barber and barber instructor who continues in active practice or service shall annually on or before the anniversary date of the issuance of his certificate of registration renew the certificate by paying the required fee and meeting all applicable requirements of the State Board of Health. Every certificate of registration which has not been renewed within thirty (30) days of its anniversary date shall expire. A registered barber or barber instructors whose certificate of registration has expired may have his certificate restored immediately upon payment of the renewal fee plus the required restoration fee.
SECTION 7. Section 73-6-17, Mississippi Code of 1972, is amended as follows:
73-6-17. The State Board of Chiropractic Examiners shall charge the following fees for application, examination and issuance of certificates: application, One Hundred Dollars ($100.00); examination and issuance of certificate, Two Hundred Dollars ($200.00) for all applicants; provided, however, that resident and nonresident applicants shall have first successfully completed parts 1, 2, 3 and 4 and the physical modality section of the examination prepared by the National Board of Chiropractic Examiners.
Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every registered chiropractor in order to continue the practice of chiropractic shall pay annually to the secretary of the board a registration renewal fee of not more than Three Hundred Dollars ($300.00) and, in addition to such renewal fee, shall be required to file with the secretary of the board a certificate, certified by a state board and state association, verifying his attendance at a course of study approved by the board consisting of not less than twelve (12) hours of instruction in the latest developments in the practice of chiropractic of which at least three (3) hours shall be instruction in the subject of risk management. Provided, that any chiropractor who has reached the age of seventy-five (75) years and is not participating in an active practice shall not be required to pay said renewal fee or submit the twelve (12) hours of continuing education. Any chiropractor who has received a certificate of licensure in this state under the provisions of Section 73-6-21 shall be in good standing in the state of his original licensure in order to renew his certificate in this state, and the board shall refuse to renew the certificate of any such chiropractor whose license has been suspended or revoked for cause in the state of his original licensure. In case of failure to pay the renewal fee, the board may revoke such certificate after giving sixty (60) days' notice to the holder who, within such period, may renew such certificate upon payment of the delinquent fee with a special processing charge of not more than Three Hundred Dollars ($300.00). Lack of participation in active practice for a period of less than two (2) years, except when a doctor is in active military duty, shall not deprive the holder of the right to renew such certificate, without examination, upon the payment of all lapsed fees and proof of required continuing education hours.
SECTION 8. Section 73-7-19, Mississippi Code of 1972, is amended as follows:
73-7-19. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, all licenses shall be renewed biennially under the fee schedule in Section 73-7-29. Applications for renewal of licenses for cosmetologists, estheticians, manicurists, wig specialists and instructors must be accompanied by the required renewal fee. A grace period of sixty (60) days will be given in which to renew the license; and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a license will be required to pay the required renewal fee and a delinquent fee in addition to the renewal fee. The fees may be paid by either personal or certified check, cash or money order, under such safeguards, rules and regulations as the board may prescribe. Checks returned to the board because of insufficient funds shall result in nonrenewal of the license, which will require the penalty fee for insufficient fund checks plus all other amounts due for renewal of the license before the license may be renewed. After one (1) year has passed from the expiration date of the license, a delinquent fee must be paid for each year up to three (3) years, after which the required examination must be taken. All applications for examination required by this chapter shall expire ninety (90) days from the date thereof.
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 9. Section 73-9-19, Mississippi Code of 1972, is amended as follows:
73-9-19. The State Board of Dental Examiners shall maintain a compiled list of the names and post office addresses of all licensees registered with the board, arranged alphabetically by name and also by the municipalities where their offices are situated. Every licensee shall notify the board within thirty (30) days of any change in address of his or her office or residence. Failure to keep the board apprised of any change of address may result in an administrative penalty to the licensee, the amount of which shall not exceed the amount stipulated in Section 73-9-43. Every licensee shall prominently display his or her current registration, either the original or a notarized copy, in his or her place(s) of business. As used in this section, the word "licensee" shall include all dental and dental hygiene license holders, as well as all holders of permits duly issued by the board.
Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every licensee shall, in accordance with the laws and rules and regulations of the board, together with appropriate required information and renewal fee, applyfor renewal for such period as set by the board, and the board shall issue theregistration certificate to any licensee in good standing with the board. The board shall have the specific authority to adopt such rules and regulations setting the dates and deadlines for license/permit renewal and establishing the penalty for failure to renew same.
Any licensee performing acts within the scope of this chapter without legally having in his or her custody a valid active registration certificate or duly issued duplicate therefor in accordance with provisions elsewhere set out may be found guilty and punished or prosecuted therefor in accordance with law; however, the filing of the application, the payment of the fee, and the issuance of the certificate therefor, shall not entitle the holder thereof to lawfully practice within the State of Mississippi unless he or she has in fact been previously licensed by the State Board of Dental Examiners as provided by this chapter,and unless the license/permit is in full force and effect; in addition, in any prosecution for the unlicensed practice,the receipt showing payment of the renewal fee required by this chapter shall not be treated as evidence that the holder thereof is lawfully entitled to practice according to his or her license/permit.
Any licensee who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal, shall be registered on the "inactive" list and shall not be authorized to practice his or her profession in this state. The "inactive" list shall be maintained by the board and shall set out the names and post office addresses of all licensees registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last known professional or residential address. However, licensed dentists or dental hygienists actively practicing at a veterans hospital, federal government facility or residency graduate school program at the time of renewal shall not be registered on the inactive list.
Only the licensees registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice their profession. For the purpose of this section, any licensed dentist or dental hygienist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered in active practice.
No licensee shall be registered on the "inactive" list until the licensee has been furnished a statement of intent to take that action by the board. The board shall notify the licensee by mail that on the day fixed for hearing he or she may appear and show cause, if any, why his or her license/permitto practice dentistry or dental hygiene should remain active. The licensee may be present at the hearing in person, by counsel, or both. For the purpose of the hearing the board may require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the licensee, and if after the hearing, the board is satisfied that the licensee should be registered on the inactive list, it shall thereupon without further notice take that action.
Any licensed dentist or dental hygienist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:
(a) Written application shall be submitted to the State Board of Dental Examiners stating the reasons for the inactivity and setting forth such other information as the board may require on an individual basis; or
(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law.
SECTION 10. Section 73-10-21, Mississippi Code of 1972, is amended as follows:
73-10-21. (1) Rules, regulations and standards.
(a) The board is hereby empowered, authorized and directed to adopt, amend, promulgate and enforce such rules, regulations and standards governing dietitians as may be necessary to further the accomplishment of the purpose of the governing law, and in so doing shall utilize as the basis thereof the corresponding recommendations of the advisory council. The rules, regulations and minimum standards for licensing of dietitians may be amended by the board as deemed necessary. In so doing, the board shall utilize as the basis thereof the corresponding recommendations of the advisory council.
(b) The board shall publish and disseminate to all licensees, in appropriate manner, the licensure standards prescribed by this chapter, any amendments thereto, and such rules and regulations as the board may adopt under the authority vested by Section 73-38-13, within sixty (60) days of their adoption.
(2) The board shall adopt a code of ethics for dietitians using as the basis thereof the ADA "Code of Ethics for the Profession of Dietetics."
(3) Issuance and renewal of licenses.
(a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee prescribed.
(b) Except as provided in Section 1 of Senate Bill 2290, 2006 Regular Session, licenses under this chapter shall be valid for two (2) calendar years and shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board, upon the payment of a biennial renewal fee to be set at the discretion of the board, but not to exceed One Hundred Dollars ($100.00), and the presentation of evidence satisfactory to the board that the licensee has met such continuing education requirements as the board may require. An applicant for license renewal shall demonstrate to the board evidence of satisfactory completion of the continuing education requirements established by the American Dietetic Association and/or other continuing education requirements as may be required by the board.
(c) The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than one (1) year after its expiration.
(d) A suspended license shall be subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
(4) Denial or revocation of license.
(a) The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such conduct includes:
(i) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(ii) Being guilty of unprofessional conduct as defined by the rules and established by the board or violating the Code of Ethics of the American Dietetic Association;
(iii) Being convicted of a crime in any court other than a misdemeanor;
(iv) Violating any lawful order, rule or regulation rendered or adopted by the board; or
(v) Violating any provision of this chapter.
(b) Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
(c) In addition to the reasons specified in paragraph (a) of this subsection (4), the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(5) Establish fees.
(a) A person licensed under this chapter shall pay to the board a fee, not to exceed One Hundred Dollars ($100.00), to be set by the board for the issuance of a license.
(b) Such fees shall be set in such an amount as to reimburse the state to the extent feasible for the cost of the services rendered.
(6) Collect funds.
(a) The administration of the provisions of this chapter shall be financed from income accruing from fees, licenses and other charges assessed and collected by the board in administering this chapter.
(b) The board shall receive and account for all funds received and shall keep such funds in a separate fund.
(c) Funds collected under the provisions of this chapter shall be used solely for the expenses of the advisory council and the board to administer the provisions of this chapter. Such funds shall be subject to audit by the State Auditor.
(d) Members of the advisory council shall receive no compensation for services performed on the council, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings of the council or for authorized business of the council from funds made available for such purpose, as provided in Section 25-3-41.
(7) Receive and process complaints.
(a) The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice dietetics, with the advice of the advisory council.
(b) The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter, and in so doing shall have power to seek injunctive relief to prohibit any person from providing professional dietetic services as defined in Section 73-10-3(1)(j) without being licensed as provided herein.
(8) A license certificate issued by the board is the property of the board and must be surrendered on demand.
SECTION 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:
(a) Be at least eighteen (18) years of age;
(b) Have a high school diploma or the equivalent thereof;
(c) Have 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) Have successfully passed a written and/or oral examination as prepared or approved by the board; and
(e) Be of good moral character.
(4) To be licensed for the practice of funeral service under this chapter, a person must:
(a) Be at least eighteen (18) years of age;
(b) Have a high school diploma or the equivalent thereof;
(c) Have 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) Have 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) Have successfully passed the National Conference of Funeral Examiners examination as approved by the board; and
(f) Be 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 by having successfully passed 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 by paying a nonrefundable application fee set by the board under Section 73-11-56. If the board finds that the applicant has fulfilled substantially similar requirements, 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.
(8) (a) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, 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.
(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, provided that such services are only rendered by members of disaster mortuary teams authorized by federal or appropriate local authorities to provide such services. Only persons licensed in this state, however, may sign death certificates.
(11) A person who is licensed for the practice of funeral service by another state is authorized to make a removal of a deceased person, embalm a deceased person or conduct a funeral or burial service in this state, and a funeral director who is licensed by another state is authorized to conduct a funeral or burial service in this state, in the same manner and to the same extent as provided by the laws of that state to persons licensed by the State of Mississippi for the practice of funeral service or for the practice of funeral directing. The board is authorized to enter into written agreements with those states detailing the manner and extent to which persons licensed by the State of Mississippi may practice funeral service or directing in that state.
(12) 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.
(13) 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 73-13-31, Mississippi Code of 1972, is amended as follows:
73-13-31. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, certificates of licensure shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the board to notify every person licensed under this chapter of the date of the expiration of his certificate and the amount of the fee that shall be required for its renewal for one (1) year. Such notice shall be sent by first-class mail to the last known address of the licensee at least one (1) month in advance of the date of the expiration of said certificate. Renewal may be effected at any time during the month of December by the payment of a fee, as determined by the board, not to exceed Fifty Dollars ($50.00). A person who is licensed as a professional engineer and as a professional surveyor may effect both renewals by the payment of a fee not to exceed Seventy-five Dollars ($75.00). The failure on the part of any licensee to renew his certificate annually in the month of December as required above, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a certificate after the month of December shall be increased ten percent (10%) for each month, or fraction of a month that payment of renewal is delayed; provided, however, that the maximum fee for delayed renewal shall not exceed five (5) times the normal renewal fee. A state agency or any of the state's political subdivisions, such as a county or municipality, may pay the renewal fee of any licensee who is a full-time employee; provided, however, that any licensee who permits his/her renewal fee to be paid from any public funds shall not perform engineering or surveying services for a fee or other emoluments for the public or for any other public entity. If a certificate has expired for six (6) months or more, the licensee shall be required to submit a new application, paying back fees and submitting proof of continuing professional competency compliance. If the certificate has expired for five (5) years or more, in addition to submitting a new application and proof of continuing professional competency compliance, reexamination in the principles and practice may be required. The reexamination requirement may be waived by the board provided the applicant has continued to practice in another jurisdiction from the date of expiration of his certificate.
SECTION 13. Section 73-14-31, Mississippi Code of 1972, is amended as follows:
73-14-31. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, a person who practices the fitting and dispensing of hearing aids shall biennially pay to the board a fee of Two Hundred Dollars ($200.00) for a renewal of his license. A grace period of thirty (30) days shall be allowed after the expiration of a license, during which the same may be renewed on payment of a fee of Two Hundred Dollars ($200.00) to the board. The license of any person who fails to have his license renewed by the expiration of the grace period of thirty (30) days shall be considered to have lapsed. After the expiration of the grace period, the board may reinstate a license upon payment of a fee of Two Hundred Fifty Dollars ($250.00) to the board. No person who applies for reinstatement, whose license was suspended for the sole reason of failure to renew, shall be required to submit to any examination as a condition of reinstatement, provided such person applies for reinstatement within one (1) year from the date of lapse of the license.
The board shall require the applicant for license renewal to present evidence of the satisfactory completion of continuing education requirements as determined by the board.
In the event that any licensee shall fail to meet the annual educational requirement, his license shall not be renewed by the board, but the board may renew the license upon the presentation of satisfactory evidence of educational study of a standard approved by the board and upon the payment of all fees due. No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 14. Section 73-15-27, Mississippi Code of 1972, is amended as follows:
73-15-27. The license of every person licensed under the provisions of this chapter shall be renewed biennially except as hereinafter provided:
(a) Registered nurses:
(i) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the license to practice as a registered nurse shall be valid for two (2) calendar years, beginning January 1 of each uneven-numbered year and expiring December 31 in each even-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.
(ii) An application for renewal of licensure will be mailed by the board on or before November 1 of the year the license expires to every person to whom a license was issued or renewed during the biennial period. Such application shall be completed and returned to the board by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed Fifty Dollars ($50.00).
(iii) Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the ensuing period of two (2) years. Such renewal shall render the holder thereof the right to practice as a registered nurse.
(iv) A registered nurse may request in writing to the board that his or her license be placed on inactive status. The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such registered nurse while on inactive status. A biennial renewal fee for inactive registered nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).
(v) Any registered nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a registered nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.
(vi) Any registered nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board on satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of a reinstatement fee not to exceed One Hundred Dollars ($100.00) which shall not include the renewal fee for the current biennial period. Any registered nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.
(vii) Any person practicing as a registered nurse during the time his or her license has lapsed shall be considered in violation of this chapter and shall be subject to the penalties provided for violation of this chapter, provided the registered nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.
(b) Licensed practical nurses:
(i) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the license to practice as a licensed practical nurse shall be valid for two (2) calendar years, beginning January 1 of each even-numbered year and expiring December 31 in each uneven-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.
(ii) An application for renewal of licensure will be mailed by the board on or before November 1 of the year the license expires to every person to whom a license was issued or renewed during the biennial period. Such application shall be completed and returned to the board by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed Fifty Dollars ($50.00).
(iii) Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the ensuing period of two (2) years. Such renewal shall render the holder thereof the right to practice as a licensed practical nurse.
(iv) A licensed practical nurse may request in writing to the board that his or her license be placed on inactive status. The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such licensed practical nurse while on inactive status. A biennial renewal fee for inactive licensed practical nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).
(v) Any licensed practical nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a licensed practical nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.
(vi) Any licensed practical nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board upon satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of the reinstatement fee not to exceed One Hundred Dollars ($100.00), which shall not include the renewal fee for the current biennial period. Any licensed practical nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.
(vii) Any person practicing as a licensed practical nurse during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violation of this chapter, provided the licensed practical nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.
SECTION 15. Section 73-17-11, Mississippi Code of 1972, is amended as follows:
73-17-11. (1) From and after July 1, 1983, in order to be eligible to be licensed as a nursing home administrator an individual must submit evidence satisfactory to the board that he or she:
(a) Is at least twenty-one (21) years of age;
(b) Is of good moral character;
(c) Is in good health;
(d) Is a high school graduate or the equivalent;
(e) For initial licensure on or after July 1, 1988, has an associate degree from an accredited institution, or at least sixty-four (64) semester hours of college work from an accredited institution, or at least one (1) year of supervisory or administrative responsibilities in a licensed sub-acute or long-term health care facility in Mississippi within the twelve (12) months before making application; and
(f) Has successfully passed examinations administered by the board 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.
(2) Reciprocity shall be extended to individuals holding licenses as nursing home administrators in other states, upon proper application and a finding on the part of the board that (a) the applicant possesses the basic qualifications listed in this chapter, and (b) that the standards and requirements of the licensing jurisdiction under which he or she holds a license are no less stringent than those of the State of Mississippi, and (c) that the licensing jurisdiction extends reciprocity to licensees of the State of Mississippi under reasonable terms and conditions.
(3) The board may prescribe appropriate fees for the taking of examinations and for the issuance of licenses. Those fees shall be not more than Four Hundred Dollars ($400.00) for taking the examinations and Four Hundred Fifty Dollars ($450.00) 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 1 of Senate Bill No. 2290, 2006 Regular Session, the board may renew licenses * * * biennially * * * upon the payment of a fee to be established by the board, which shall be not more than Four Hundred Fifty Dollars ($450.00), plus any administrative costs for late payment.
(5) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 16. Section 73-19-21, Mississippi Code of 1972, is amended as follows:
73-19-21. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the board shall charge the following fees for examination, registrations and renewals of certificates: The sum of not more than Two Hundred Dollars ($200.00) for an examination of an applicant who is a resident of Mississippi and not more than Three Hundred Dollars ($300.00) for a nonresident of Mississippi to cover the additional expenses of checking references, character and other statements contained in the application. Every registered optometrist who desires to continue the practice of optometry shall, biennially, on or before January 1, pay to the secretary of the board a renewal registration fee of not more than Four Hundred Dollars ($400.00) for which he shall receive a renewal of his certificate. The board, in its discretion, may set the renewal registration fee at different amounts for registered optometrists, for registered optometrists certified to use diagnostic pharmaceutical agents, and for registered optometrists certified to use diagnostic and therapeutic pharmaceutical agents, not to exceed the maximum amount prescribed in this section.
In case of neglect to pay the renewal registration fee herein specified, the board may revoke such certificate and the holder thereof may be reinstated by complying with the conditions specified in this chapter. But no certificate or permit shall be revoked without giving sixty (60) days' notice to the delinquent, who, within such period shall have the right of renewal of such certificate on payment of the renewal fee with a penalty of not more than Fifteen Dollars ($15.00), provided, that retirement from practice for a period not exceeding five (5) years shall not deprive the holder of said certificate of the right to renew his certificate on the payment of all lapsed fees. The board shall adopt a seal and certificate of suitable design and shall conduct its examination at Jackson, in this state. Its permanent records shall be kept in the office of the secretary, which records shall be open to public inspection.
SECTION 17. Section 73-21-91, Mississippi Code of 1972, is amended as follows:
73-21-91. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every pharmacist shall renew his license biennially. To renew his license, a pharmacist shall:
(a) Submit an application for renewal on the form prescribed by the board;
(b) Submit satisfactory evidence of the completion in the last licensure period of such continuing education units as shall be required by the board, but in no case less than two (2) continuing education units in the last licensure period;
(c) Pay such renewal fees as required by the board, not to exceed Two Hundred Dollars ($200.00) for each biennial licensing period, provided that the board may add a surcharge of not more than Five Dollars ($5.00) to a license renewal fee to fund a program to aid impaired pharmacists or pharmacy students. Any pharmacist license renewal received postmarked after December 31 of the renewal period will be returned and a Fifty Dollar ($50.00) late renewal fee will be assessed prior to renewal.
(2) Any pharmacist who has defaulted in license renewal may be reinstated within two (2) years upon payment of renewal fees in arrears and presentation of evidence of the required continuing education. Any pharmacist defaulting in license renewal for a period in excess of two (2) years shall be required to successfully complete the examination given by the board pursuant to Section 73-21-85 before being eligible for reinstatement as a pharmacist in Mississippi, or shall be required to appear before the board to be examined for his competence and knowledge of the practice of pharmacy, and may be required to submit evidence of continuing education. If such person is found fit by the board to practice pharmacy in this state, the board may reinstate his license to practice pharmacy upon payment of all renewal fees in arrears.
(3) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 18. Section 73-23-57, Mississippi Code of 1972, is amended as follows:
73-23-57. (1) Except as provided in Section 1 of Senate Bill No, 2290, 2006 Regular Session, every licensed physical therapist and physical therapist assistant shallapply to the board for a renewal of licensure in a manner prescribed by the rules and regulations of the board, and pay the prescribed fee, not to exceed Seventy-five Dollars ($75.00) per year, or One Hundred Fifty Dollars ($150.00) every two (2) years. Licenses that are not so renewed shall automatically lapse.
(2) The manner in which lapsed licenses shall be revived or extended shall be established by the board.
SECTION 19. Section 73-24-27, Mississippi Code of 1972, is amended as follows:
73-24-27. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, any license issued under this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board, upon the payment of a renewal fee and demonstration of completion of continuing professional education. The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no late renewal of a license may be granted more than two (2) years after its expiration.
(2) Upon request and payment of the license fee required, the board shall grant inactive status to a licensee who: (a) does not practice as an occupational therapist or an occupational therapy assistant, (b) does not hold himself or herself out as an occupational therapist or an occupational therapy assistant, and (c) does not maintain any continuing education requirements.
(3) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the suspended licensee to engage in the licensed activity or in any other conduct or activity in violation of the order of judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
SECTION 20. Section 73-25-14, Mississippi Code of 1972, is amended as follows:
73-25-14. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the license of every person licensed to practice medicine or osteopathy in the State of Mississippi shall be renewed annually.
On or before May 1 of each year, the State Board of Medical Licensure shall mail a notice of renewal of license to every physician or osteopath to whom a license was issued or renewed during the current licensing year. The notice shall provide instructions for obtaining and submitting applications for renewal. The State Board of Medical Licensure is authorized to make applications for renewal available via electronic means. The applicant shall obtain and complete the application and submit it to the board in the manner prescribed by the board in the notice before June 30 with the renewal fee of an amount established by the board, but not to exceed Two Hundred Dollars ($200.00), a portion of which fee shall be used to support a program to aid impaired physicians and osteopaths. The payment of the annual license renewal fee shall be optional with all physicians over the age of seventy (70) years. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate of renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. That renewal shall render the holder thereof a legal practitioner as stated on the renewal form.
(2) Any physician or osteopath practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.
(3) Any physician or osteopath not practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form and upon payment of the arrearages for the previous five (5) years and the renewal fee for the current year.
(4) Any physician or osteopath who allows his or her license to lapse shall be notified by the boardwithin thirty (30) days of that lapse.
(5) Any person practicing as a licensed physician or osteopath during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to penalties provided for violation of the Medical Practice Act, provided that he or she had not submitted the required reinstatement form and fee within fifteen (15) days after notification by the board of the lapse.
(6) Any physician or osteopath practicing in the State of Mississippi whose license has lapsed and is deemed an illegal practitioner under subsection (5) of this section may petition the board for reinstatement of his or her license on a retroactive basis, if the physician or osteopath was unable to meet the June 30 deadline due to extraordinary or other legitimate reasons, and retroactive reinstatement of licensure shall be granted or may be denied by the board only for good cause. Failure to advise the board of change of address shall not be considered a basis of reinstatement.
(7) None of the fees or fines provided for in this section shall be applicable to the renewal of a special volunteer medical license authorized under Section 73-25-18.
(8) Fees collected under the provisions of this section shall be used by the board to defray expenses of administering the licensure provisions of the Medical Practice Act (Title 73, Chapter 25, Mississippi Code of 1972) and to support a program to aid impaired physicians and osteopaths in an amount determined by the board.
SECTION 21. Section 73-26-5, Mississippi Code of 1972, is amended as follows:
73-26-5. (1) The board shall promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of physician assistants. Those rules shall include, but are not limited to: qualifications for licensure for physician assistants; scope of practice of physician assistants; supervision of physician assistants; identification of physician assistants; grounds for disciplinary actions and discipline of physician assistants; and setting and charging reasonable fees for licensure and license renewals for physician assistants. However, nothing in this chapter or in rules adopted by the board shall authorize physician assistants to administer or monitor general inhaled anesthesia, epidural anesthesia, spinal anesthesia or monitored anesthesia as utilized in surgical procedures. The board shall promulgate rules for licensure and license renewals in accordance with Section 1 of Senate Bill No. 2290, 2006 Regular Session.
(2) If the board appoints a task force or committee to address physician assistant regulation, at least one (1) member of the task force shall be a nurse practitioner who is a member of the Mississippi Board of Nursing or a nurse practitioner appointee selected by the board from a list of three (3) recommendations submitted by the Mississippi Nurses Association, and at least one (1) member shall be a physician assistant selected by the board from a list of three (3) recommendations submitted by the Mississippi Academy of Physician Assistants.
SECTION 22. Section 73-27-12, Mississippi Code of 1972, is amended as follows:
73-27-12. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the license of every person licensed to practice podiatry in the State of Mississippi shall be renewed annually.
On or before May 1 of each year, the board shall mail a notice of renewal of license to every podiatrist to whom a license was issued or renewed during the current licensing year. The notice shall provide instructions for obtaining and submitting applications for renewal. The State Board of Medical Licensure is authorized to make applications for renewal available via electronic means. The applicant shall obtain and complete the application and submit it to the board in the manner prescribed by the board in the notice before June 30 with the renewal fee of an amount established by the board, but not to exceed Two Hundred Dollars ($200.00), a portion of which fee shall be used to support a program to aid impaired podiatrists. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate of renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. That renewal shall render the holder thereof a legal practitioner as stated on the renewal form.
(2) Any podiatrist practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.
(3) Any podiatrist not practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form and upon payment of the arrearages for the previous five (5) years and the renewal fee for the current year.
(4) Any podiatrist who allows his or her license to lapse shall be notified by the board within thirty (30) days of that lapse.
(5) Any person practicing as a licensed podiatrist during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to penalties set forth in Section 73-27-17, provided that he or she has not submitted the required reinstatement form and fee within fifteen (15) days after notification by the board of the lapse.
(6) Any podiatrist practicing in the State of Mississippi whose license has lapsed and is deemed an illegal practitioner under subsection (5) of this section may petition the board for reinstatement of his or her license on a retroactive basis, if the podiatrist was unable to meet the June 30 deadline due to extraordinary or other legitimate reasons, and retroactive reinstatement of licensure shall be granted or may be denied by the board only for good cause. Failure to advise the board of change of address shall not be considered a basis for reinstatement.
(7) Fees collected under the provisions of this section shall be used by the board to defray expenses of administering the licensure provisions of Title 73, Chapter 27, Mississippi Code of 1972, and to support a program to aid impaired podiatrists in an amount determined by the board.
SECTION 23. Section 73-29-29, Mississippi Code of 1972, is amended as follows:
73-29-29. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, each polygraph examiner's license shall be issued for the term of one (1) year and shall, unless suspended or revoked, be renewed annually as prescribed by the board; provided, however, that licenses issued from and after July 1, 1994, shall be issued for terms of two (2) years and shall, unless suspended or revoked, be renewed as prescribed by the board. No license shall be renewed unless the board receives satisfactory proof of such continuing education as it by regulation requires.
SECTION 24. Section 73-30-29, Mississippi Code of 1972, is amended as follows:
73-30-29. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the annual renewal of license fee under this chapter shall be Fifty Dollars ($50.00) per year. License renewal fees may be increased by the board as deemed necessary, but may not be increased by more than ten percent (10%) of the previous year's fee.
(2) From and after January 1, 2004, a licensed professional counselor must complete twelve (12) hours of continuing education before a license may be renewed. Continuing education courses must be in the field in which the counselor practices. A minimum of three (3) hours of continuing education must be in the field of professional ethics. The board may determine which continuing education courses are admissible, and the decisions of the board are final. Courses submitted for other certification processes will be admissible. The board must adhere to the guidelines as provided by the National Board of Certified Counselors with regard to credit for teaching courses, workshops and serving on boards.
SECTION 25. Section 73-31-9, Mississippi Code of 1972, is amended as follows:
73-31-9. (1) All fees from applicants seeking licensing under this chapter and all license renewal fees received under this chapter shall be nonrefundable.
(2) The board shall charge an application fee to be determined by the board but not to exceed Three Hundred Dollars ($300.00) to applicants for licensing, and shall charge the applicant for the expenses incurred by the board for examination of the applicant.
(3) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, every licensed psychologist in this state shall annually pay to the board a fee determined by the board but not to exceed Three Hundred Dollars ($300.00); and the executive secretary shall thereupon issue a renewal of the license for a term of one (1) year. The license of any psychologist who shall fail to renew during the month of July in each and every year shall lapse; the failure to renew the license, however, shall not deprive said psychologist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears. A psychologist wishing to renew a license which has been lapsed for more than two (2) years shall be required to reapply for licensure.
(4) On July 1, 1993, and every odd numbered year thereafter, no psychologist license shall be renewed unless the psychologist shows evidence of a minimum of twenty (20) clock hours of continuing education activities approved by the board.
(5) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the chairman or executive secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.
This section shall stand repealed from and after July 1, 2011.
SECTION 26. Section 73-33-7, Mississippi Code of 1972, is amended as follows:
73-33-7. The Mississippi State Board of Public Accountancy is authorized to charge each applicant a fee for a certified public accountant license. However, a firm permit to practice public accounting shall be issued without the assessment of a fee by the board. All fees shall be in such amounts as to be determined by the board and paid when the application is filed.
Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, on or before January 1 of each year, each holder of a certified public accountant license issued by the Mississippi State Board of Public Accountancy shall register and pay a reasonable annual registration fee in such amount as to be determined by the board. If any certified public accountant fails to register and pay the annual registration fee on or before January 1, notice of such default shall be sent to the certified public accountant by certified mail to the delinquent registrant's last known address as shown by the records of the board. The license of any certified public accountant who fails to register and pay the annual registration fee within ten (10) days after notice is given shall be automatically cancelled, and the board shall enter the cancellation on its records.
On or before January 1 of each year, each certified public accountant firm holding a permit to practice public accounting shall register with the board without the assessment of a registration fee. If any firm fails to register on or before January 1, notice of such default shall be sent to the firm by certified mail to the firm's last known address as shown by the records of the board. The permit to practice of any firm who fails to register within ten (10) days after notice is given shall be automatically cancelled, and the board shall enter the cancellation on its records.
Any person who has lost a certified public accountant license or a firm which has lost a permit to practice in this state by failure to register or failure to pay the annual registration fee if so required under this section, or who voluntarily cancels or surrenders such license or permit, may be again licensed or have a firm permit reinstated by the board without reexamination, provided such person or firm shall again comply with the requirements of this chapter and the rules and regulations of the board; file application for registration; and, if required to pay a fee under this section, pay all fees in arrears, late fees and a reinstatement fee as set by the board.
Out of the funds collected under this chapter shall be paid the expenses of the members of the board, including mileage, hotel expenses and per diem compensation as provided in Section 25-3-69, for the time expended in carrying out the duties of the office; provided, however, no expense incurred by the board shall ever be charged against the funds of the state in excess of amounts collected under this section.
SECTION 27. Section 73-34-25, Mississippi Code of 1972, is amended as follows:
73-34-25. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, a license issued under the authority of this chapter shall expire two (2) years from the last day of the month of issuance.
SECTION 28. Section 73-35-17, Mississippi Code of 1972, is amended as follows:
73-35-17. (1) A fee not to exceed One Hundred Fifty Dollars ($150.00) shall accompany an application for a real estate broker's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the application fee along with the additional testing fee as incurred by the commission in contracting the cost of the examination shall accompany such application.
(2) For each license as a real estate broker issued to a member of a partnership, association or officer of a corporation other than the member or officer named in the license issued to such partnership, association or corporation, a fee not to exceed Seventy-five Dollars ($75.00) shall be charged.
(3) A fee not to exceed One Hundred Twenty Dollars ($120.00) shall accompany an application for a real estate salesperson's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the applicable fee along with the prevailing cost incurred by the commission in contracting the cost of the examination shall accompany such application.
(4) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, it shall be the duty of all persons, partnerships, associations, companies or corporations licensed to practice as a real estate broker or salesperson to register with the commission annually or biennially, in the discretion of the commission, according to rules promulgated by it and to pay the proper registration fee. An application for renewal of license shall be made to the commission annually no later than December 31 of each year, or biennially on a date set by the commission. A licensee failing to pay his renewal fee after the same becomes due and after two (2) months' written notice of his delinquency mailed to him by United States certified mail addressed to his address of record with the commission shall thereby have his license automatically cancelled. Any licensee renewing in this grace period shall pay a penalty in the amount of one hundred percent (100%) of the renewal fee. The renewal fee shall not exceed Seventy-five Dollars ($75.00) per year for real estate brokers, partnerships, associations and corporations. The renewal fee for a real estate salesperson's license shall not exceed Sixty Dollars ($60.00) per year.
(5) For each additional office or place of business, an annual fee not to exceed Fifty Dollars ($50.00) shall be charged.
(6) For each change of office or place of business, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(7) For each duplicate or transfer of salesperson's license, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(8) For each duplicate license, where the original license is lost or destroyed, and affidavit made thereof, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(9) To change status as a licensee from active to inactive status, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged. To change status as a licensee from inactive to active status, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(10) For each bad check received by the commission, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.
(11) A fee not to exceed Five Dollars ($5.00) per hour of instruction may be charged to allay costs of seminars for educational purposes provided by the commission.
(12) A fee not to exceed Twenty-five Dollars ($25.00) may be charged for furnishing any person a copy of a real estate license, a notarized certificate of licensure or other official record of the commission.
(13) A fee not to exceed One Hundred Dollars ($100.00) shall be charged to review and process the application and instructional materials for each curriculum seeking acceptance as a real estate continuing education course developed to satisfy the mandatory continuing education requirements for this chapter, with the period of approval expiring after one (1) year. A fee not to exceed Fifty Dollars ($50.00) shall be charged for each renewal of a previously approved course, with the period of renewal expiring after one (1) year.
(14) Fees, up to the limits specified herein, shall be established by the Mississippi Real Estate Commission.
SECTION 29. Section 73-36-29, Mississippi Code of 1972, is amended as follows:
73-36-29. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, all licenses issued under the provisions of this chapter shall expire after December 31 of odd numbered years and shall become invalid after that date unless renewed. The secretary of the board shall mail a notice to every person registered under this chapter notifying the person of the date of the expiration of his license and the amount of fee required for its renewal for two (2) years. The notice shall be mailed to the latest known address, according to the board's records, at least one (1) month in advance of the date of the expiration of the license. The board shall from time to time fix the fee for renewal of licenses, provided the fee shall not exceed the amount of One Hundred Dollars ($100.00) for two (2) years' renewal. Any registrant failing to renew his license and applying for a license shall be required to pay a fee as set by the board not to exceed twice the total amount of the license fees had his license been continued in effect, and also to comply with such other reasonable requirements as may be established by rules and regulations of the board.
SECTION 30. Section 73-38-29, Mississippi Code of 1972, is amended as follows:
73-38-29. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, licenses issued under this chapter shall expire and become invalid at midnight of the expiration date.
(2) Every person licensed under this chapter shall, on or before the license expiration date, pay a fee for the biennial renewal of license to the board. The board may suspend the license of any person who fails to have his license renewed by the expiration date. After the expiration date, the board may renew a license upon payment of a fee to the board. No person who requests renewal of license, whose license has expired, shall be required to submit to examination as a condition to renewal, if such renewal application is made within two (2) years from the date of such expiration.
(3) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
(4) A license revoked on disciplinary grounds is subject to expiration as provided in subsection (1) of this section, but it may not be renewed. If such license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the fee for a license issued after the expiration date which is in effect on the last preceding regular renewal date before the date on which it is reinstated. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(5) Any person who fails to renew his license within the two (2) years after the date of its expiration may not renew it, and it may not be restored, reissued or reinstated thereafter, but such person may apply for and obtain a new license if he meets the requirements of this chapter.
SECTION 31. Section 73-39-75, Mississippi Code of 1972, is amended as follows:
73-39-75. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session,all licenses shall expire August 1 of each year but may be renewed by registration with the board and payment of the license renewal fee. At least thirty (30) days in advance, the board shall mail an expiration notice to each licensed veterinarian and include a form for renewal.
(2) The board shall establish the continuing education requirements that must be met for license renewal.
(3) Any person may renew an expired license within five (5) years of the date of its expiration by making written application for renewal, paying the current renewal fee and a reinstatement fee of Five Hundred Dollars ($500.00), plus all delinquent renewal fees and complying with continuing education requirements.
(4) The board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the Armed Services of the United States.
(5) Any licensed veterinarian who is sixty-five (65) years of age or older and who is employed as a veterinarian on a part-time basis only shall be exempt from payment of such renewal fee.
(6) The payment of the annual license renewal fee shall be optional for all veterinarians seventy (70) years and older.
SECTION 32. Section 73-42-11, Mississippi Code of 1972, is amended as follows:
73-42-11. (1) Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual who complies with Section 73-42-9(1).
(2) Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual whose application has been accepted under Section 73-42-9(2).
(3) The Secretary of State may refuse to issue a certificate of registration if the Secretary of State determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to serve as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(a) Been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude;
(b) Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application;
(c) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(d) Engaged in conduct prohibited by Section 73-42-27;
(e) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any state;
(f) Engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(g) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.
(4) In making a determination under subsection (3), the Secretary of State shall consider:
(a) How recently the conduct occurred;
(b) The nature of the conduct and the context in which it occurred; and
(c) Any other relevant conduct of the applicant.
(5) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(6) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (5), may file a copy of the application for renewal and a valid certificate of registration from the other state. The Secretary of State shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state:
(a) Was submitted in the other state within the last six (6) months and the applicant certifies the information contained in the application for renewal is current;
(b) Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and
(c) Was signed by the applicant under penalty of perjury.
(7) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, a certificate of registration or a renewal of a registration is valid for two (2) years.
SECTION 33. Section 73-53-15, Mississippi Code of 1972, is amended as follows:
73-53-15. All original licenses shall be valid for one (1) year, unless earlier suspended or revoked by the board, and each person to whom a license is issued shall pay a fee of not more than Fifty Dollars ($50.00) therefor to the board. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, licenses shall be renewed biennially after initial licensure upon payment of a fee of not more than One Hundred Fifty Dollars ($150.00) for licensed social workers, Two Hundred Dollars ($200.00) for licensed master social workers and Two Hundred Dollars ($200.00) for licensed certified social workers, and being in compliance with such additional requirements as the board shall promulgate.
SECTION 34. Section 73-54-27, Mississippi Code of 1972, is amended as follows:
73-54-27. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, licenses issued under this chapter shall be valid for two (2) years and must be renewed biennially, in September, with the renewal fee being determined by the board but not to exceed Two Hundred Dollars ($200.00).
(2) The license of any marriage and family therapist who fails to renew biennially during the month of September shall lapse; the failure to renew the license shall not deprive the marriage and family therapist of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears.
(3) A marriage and family therapist wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure.
(4) The board shall notify each license holder in writing of the pending license expiration no later than the thirtieth day before the date on which the license expires.
(5) The board shall require each license holder to participate in approved continuing education activities in order to renew a license issued under this chapter.
(6) Any person who notifies the board, in writing on forms prescribed by the board, may place his license on inactive status and shall be excused from the payment of renewal fees until the person notifies the board in writing of the intention to resume active practice. Any person requesting his license to be changed from inactive to active status shall be required to pay the current fee and shall also demonstrate compliance with continuing education requirements as defined by the board.
SECTION 35. Section 73-55-13, Mississippi Code of 1972, is amended as follows:
73-55-13. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, a person licensed as an athletic trainer under this chapter shall pay to the board a fee not to exceed Three Hundred Dollars ($300.00) for every three-year period for a renewal of his license.
(2) Continuing education requirements for license renewal shall be fulfilled during three-year periods running concurrently with the requirement to maintain certification through the National Athletic Trainers' Association Board of Certification, Inc.
(3) A licensee must complete sixty (60) hours of continuing education during the three-year period as approved by the National Athletic Trainers' Association Board of Certification, Inc. Proof of the completion of continuing education as required by this section shall be turned in to the board within thirty (30) days of the completion or proof that the continuing education requirements have been filed with the National Athletic Trainers' Association.
SECTION 36. Section 73-57-27, Mississippi Code of 1972, is amended as follows:
73-57-27. (1) A license shall be renewed biennially except as herein provided or as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session. The board shall mail notices at least thirty (30) calendar days prior to expiration for renewal of license to every person to whom a license was issued or renewed during the preceding renewal period. The licensee shall complete the notice of renewal and return it to the board with the renewal fee before the date of expiration.
(2) Upon receipt of the notice of renewal and the fee, the board shall verify its contents and shall issue the licensee a license for the current renewal period, which shall be valid for the period stated thereon. The board, with the advice of the council, shall establish continuing education requirements for biennial renewal of the license, which shall include proof of completion of at least fifteen (15) clock hours approved by the board for continuing education credit.
(3) A licensee who allows his license to lapse by failing to renew it may be reinstated by the board upon payment of the renewal fee and reinstatement fee provided that such request for reinstatement is made within two (2) years of the end of the renewal period.
(4) A respiratory care practitioner who does not engage in the practice of respiratory care during the succeeding renewal period is not required to pay the renewal fee as long as he remains inactive. If he desires to resume the practice of respiratory care, he shall notify the board of his intent and shall satisfy the current requirements of the board in addition to remitting the renewal fee for the current renewal period of the reinstatement fee. Requirements of the board shall include a specific period of time of continuous inactivity after which testing is required.
(5) The board is authorized to establish fees for replacement and duplicate licenses.
SECTION 37. Section 73-59-3, Mississippi Code of 1972, is amended as follows:
73-59-3. (1) Except as otherwise provided in Section 73-59-15 or Section 1 of Senate Bill No. 2290, 2006 Regular Session, persons who perform residential construction or residential improvement shall be licensed by the board annually, and, as a prerequisite to obtaining a license or renewal thereof, each shall submit to the board:
(a) Proof of workers' compensation insurance, if applicable;
(b) A federal employment identification number or social security number.
(2) The board shall not require liability insurance to be licensed under this chapter but if a licensee has liability insurance it shall be reflected on the certificate of licensure.
(3) The board shall issue or renew a license to a residential builder or remodeler upon payment to the board of the license fee. The initial license fee shall be Fifty Dollars ($50.00). The license fee may thereafter be increased or decreased by the board and cannot exceed One Hundred Dollars ($100.00); however, the receipts from fees collected by the board shall be no greater than the amount required to pay all costs and expenses incurred by the board in enforcing the provisions of this chapter. Twenty-five Dollars ($25.00) of the fee required by this section which is assessed to residential builders licensed under the provisions of Section 73-59-1 et seq. shall be deposited to the Construction Education Fund created pursuant to Section 31-3-14 and shall be distributed to the Mississippi Housing Institute. The remaining fees collected under this chapter shall be deposited into the special fund in the State Treasury known as the "State Board of Contractor's Fund" created pursuant to Section 31-3-17 and shall be used for the administration and enforcement of this chapter and as provided in Section 31-3-14. Amounts in such fund shall not lapse into the State General Fund at the end of a fiscal year. Interest accrued to such fund shall remain in the fund. All expenditures from the special fund shall be by requisition to the Department of Finance and Administration, signed by the executive secretary of the board and countersigned by the chairman or vice chairman of the board.
(4) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, the license shall expire on the last day of the twelfth month following its issuance or renewal and shall become invalid unless renewed. The board shall notify by mail every licensee under this chapter of the date of the expiration of his license and the amount of the fee required for renewal of the license for one (1) year. Such notice shall be mailed within thirty (30) days prior to the expiration date of the license. The failure on the part of any licensee to renew his license annually in such twelfth month shall not deprive such licensee of the right of renewal, provided that renewal is effected within one hundred twenty (120) days after the expiration date of the license by payment of the license fee plus a penalty of ten percent (10%) of the license fee. A new license required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge of not more than Twenty-five Dollars ($25.00).
(5) Any person who is not a resident of the State of Mississippi who desires to perform residential construction or residential improvement shall be licensed to perform such construction or improvement as provided by this chapter.
SECTION 38. Section 73-60-21, Mississippi Code of 1972, is amended as follows:
73-60-21. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, a license under this chapter shall expire two (2) years after its date of issuance. The commission may issue a renewal license without examination, on submission of a completed renewal application, payment of the required license renewal fee, and successful completion of continuing education requirements.
SECTION 39. Section 73-61-3, Mississippi Code of 1972, is amended as follows:
73-61-3. (1) For the purposes of this section, the term "body piercing" means the creation of an opening in any part of the human body, other than the outer perimeter or lobe of the ear, for the purpose of inserting jewelry or other decorative object, or for some other nonmedical purpose.
(2) No person shall perform body piercing upon any person for compensation within the State of Mississippi without first registering with the State Department of Health. The facility or premises in which body piercing is to be performed shall be specified in the registration, and the registered person shall be authorized to perform body piercing only in the specified facility or premises. Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.
(3) The State Board of Health shall promulgate rules and regulations relating to:
(a) Health, cleanliness and general sanitation of the facilities or premises in which body piercing is performed or to be performed;
(b) Sterilization of body piercing apparatus and safe disposal of body piercing apparatus;
(c) Procedures to prevent the transmission of disease or infection during or relating to body piercing procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and
(d) Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.
(4) Representatives of the department may visit any facility or premises in which body piercing is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section. Representatives of the department shall visit each facility or premises in which body piercing is performed not less than once each year to inspect for such compliance. The department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.
(5) It shall be unlawful for any person to perform body piercing upon any person under the age of eighteen (18) years.
(6) Any person who performs body piercing for compensation without first registering with the department or after his registration has been suspended or revoked by the department, or any person who performs body piercing upon any person in violation of subsection (5) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
(7) The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing body piercing without first registering with the department or after his registration has been suspended or revoked by the department.
(8) This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.
SECTION 40. Section 73-63-35, Mississippi Code of 1972, is amended as follows:
73-63-35. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, certificates of registration shall be valid for a period of two (2) years, and shall expire on a date or dates established by the board. The board shall notify every registered professional geologist of the date of expiration of that person's certificate and the amount of the fee that shall be required for its renewal at least sixty (60) days before the expiration date. Upon expiration, a certificate shall be cancelled and is invalid, and may not be renewed unless provided in this chapter.
(2) The board shall renew the certificate of registration or certificate of enrollment of any registrant who, within sixty (60) days following the expiration date:
(a) Submits a renewal application, the renewal fee and any penalty for late renewal; and
(b) Meets the requirements for renewal established by the board which may include requiring evidence of continued competence in the practice of geology through a review of qualifications and experience.
(3) The board shall establish requirements and conditions for the reissuance of certificates of registration and certificates of enrollment which have lapsed, expired, or have been suspended or revoked.
(4) The board shall issue a new certificate to replace any certificate of registration or certificate of enrollment which has been lost, destroyed, or mutilated. The holder of the certificate shall bear the cost of issuing a new certificate.
SECTION 41. Section 73-65-9, Mississippi Code of 1972, is amended as follows:
73-65-9. (1) Except as provided in Section 1 of Senate Bill No. 2290, 2006 Regular Session, each license holder shall renew the license to practice art therapy biennially by submitting a renewal application on a form provided by the board, paying a license renewal fee, and producing evidence of completion of relevant professional continuing education experience satisfactory to the board, not to exceed forty (40) hours per renewal cycle.
(2) A ninety-day grace period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements.
(3) Any license granted by the board shall be automatically suspended if the holder fails to apply for the license renewal pursuant to this section within a period of three (3) months after the renewal deadline; however, any suspended license may be restored by the board upon payment of a reinstatement fee not to exceed One Hundred Dollars ($100.00) in addition to any unpaid renewal or late fees. Failure to renew a license within three (3) months from the date of suspension as provided in this section shall cause the license to be automatically revoked. Reinstatement of a revoked license shall require the license holder to reapply and meet all current standards for licensure.
(4) A person licensed under the provisions of Section 73-65-7 who intends to retire as a licensed professional art therapist shall notify the board in writing before the expiration of his current licensure. If, within a period of five (5) years from the year of retirement, the license holder wishes to resume practice as a licensed professional art therapist, he shall notify the board in writing, and upon giving proof of completing the required continuing education and the payment of an amount equivalent to elapsed renewal fees, the license shall be restored in full effect.
SECTION 42. Section 73-67-15, Mississippi Code of 1972, is amended as follows:
73-67-15. (1) The board shall:
(a) Adopt an official seal and keep a record of its proceedings, persons registered as massage therapists, and a record of the certificates of registration that have been revoked or suspended;
(b) Keep on file all appropriate records pertaining to each certificate of registration;
(c) Annually, on or before February 15, make a report to the Governor and Legislature of all of its official acts during the preceding year, its total receipts and disbursements, and a full and complete report of relevant statistical and significantly notable conditions of massage therapists in this state as uniformly stipulated by the board;
(d) Evaluate the qualifications of applicants for registration under this chapter, and advise applicants as to the acceptance or denial of registration with any reasons for denial within forty-five (45) days;
(e) Issue certificates of registration to applicants who meet the requirements of this chapter;
(f) Inspect, or have inspected, when required, the business premises of any registered massage therapist during their operating hours, so long as that inspection does not infringe on the reasonable privacy of any therapist's clients;
(g) Establish minimum training and educational standards for obtaining a certificate of registration under this chapter, provided that requirements do not decrease;
(h) Establish a procedure for approval of educational standards required by this chapter;
(i) Investigate persons suspected of engaging in practices that may violate provisions of this chapter;
(j) Revoke, suspend or deny a certificate of registration in accordance with the provisions of this chapter;
(k) Adopt an annual budget;
(l) Establish policies with respect to continuing education;
(m) Adopt rules:
(i) Specifying standards and procedures for issuance of aprovisional permit;
(ii) Specifying registration procedures for practitioners desiring to be registered in this state who hold an active license or credentials from another state board;
(iii) The board shall prescribe renewal procedures, requirements, dates and fees for massage therapy certificates of registration issued by the board and shall include provisions for inactive and lapsed registrations; such rules shall be in accordance with Section 1 of Senate Bill No. 2290, 2006 Regular Session;
(n) Make available all forms necessary for carrying out all provisions of this chapter and any and all necessary business of the board;
(o) Establish written duties of the executive director;
(p) Establish a set of reasonable and customary fines and penalties for violations of this chapter, and fees, including refund policies, which shall be standardized and not exceeded unless amended with at least thirty (30) days' notice to those who are registered;
(q) Establish, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board. Affected practitioners shall be sent relevant changes no less than once per registration renewal;
(r) The board shall maintain a current register listing the name of every massage therapist registered to practice in this state, his/her last known place of business and last known place of residence, and the date and number of his/her certificate of registration;
(s) The board shall set up guidelines for the operation of schools of massage therapy, and it is charged with that regulation in this state. The board may prescribe reasonable rules and regulations governing schools of massage therapy for the guidance of persons registered under this chapter in the operation of schools of massage therapy and in the practice of massage therapy. When the board has reasons to believe that any of the provisions of this chapter or the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging those violations or upon the board's own initiative, the board or any of its authorized agents shall investigate same and may enter upon the premises of a school of massage therapy at any time during regular business hours of that school to conduct the investigation. The investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or school owner(s) and/or students of the school, and reviewing records of the school pertinent to the complaint and related to an area subject to the authority of the board.
(2) Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of the member's office. Board members shall be immune from civil liability pertaining to any legal functions involving the carrying out of the activities and responsibilities of this chapter.
SECTION 43. This act shall take effect and be in force from and after its passage.