Adopted

 

AMENDMENT NO 1 PROPOSED TO

 

Cmte Sub for Senate Bill No. 2625

 

BY: Senator(s) Parker, Clarke

 

     AMEND by striking Sections 31 through 35 and substituting and renumbering:

     SECTION *.  Section 73-31-7, Mississippi Code of 1972, is amended as follows:

     73-31-7.  (1)  The board shall annually elect from its membership a chairman and executive secretary at a meeting held during the last two (2) quarters of the fiscal year.  The board shall meet at any other times as it deems necessary or advisable, or as deemed necessary and advisable by the chairman or a majority of its members or the Governor.  Reasonable notice of all meetings shall be given in the manner prescribed by the board.  A majority of the board shall constitute a quorum at any meeting or hearing; except that when only four (4) members are present, decisions not gaining unanimous support shall be decided by mail ballot to all board members within fifteen (15) days succeeding the board meeting.  Any meeting at which the chairman is not present shall be chaired by his designee.

     (2)  The board is authorized and empowered to:

          (a)  Adopt and, from time to time, revise any rules and regulations not inconsistent with, and as may be necessary to carry into effect the provisions of this chapter.

          (b)  Within the funds available, employ and/or contract with a stenographer and other personnel, and contract for services, as are necessary for the proper performance of its work under this chapter.

          (c)  Adopt a seal, and the executive secretary or board administrator shall have the care and custody thereof.

          (d)  Examine, license, and renew the license of duly qualified applicants.

          (e)  Conduct hearings upon complaints concerning the disciplining or licensing of applicants and psychologists.

          (f)  Deny, approve, withhold, revoke, suspend and/or otherwise discipline applicants and licensed psychologists.

          (g)  Issue an educational letter to a licensee in order to assist that individual in his or her practice as a psychologist.  Such a letter will not be considered to be disciplinary action.

          (h)  Cause the prosecution and enjoinder of all persons violating this chapter, and incur necessary expenses therefor.

          (i)  Charge a fee of not more than Seven Hundred Dollars ($700.00) to a qualified psychologist as determined by the board who is applying for certification by the board to conduct examinations in civil commitment proceedings.

          (j)  Purchase general liability insurance coverage, including errors and omissions insurance, to cover the official actions of the board members and contract personnel and suits against them in their individual capacity.  That coverage shall be in an amount determined by the board to be adequate, and the costs of the insurance shall be paid out of any funds available to the board.

          (k)  As additional responsibilities, effective July 1, 2018, the board shall administer and support the function of the Mississippi Autism Board under Sections 73-75-1 through 73-75-25, relating to the licensure of licensed behavior analysts and licensed assistant behavior analysts.

     (3)  Within thirty (30) days after the close of each fiscal year ending June 30, the board shall submit an official report, reviewed and signed by all board members, to the Governor concerning the work of the board during the preceding fiscal year.  The report shall include the names of all psychologists to whom licenses have been granted; any cases heard and decisions rendered in relation to the work of the board; the names, remuneration and duties of any employees of the board; and an account of all monies received and expended by the board.

     SECTION *.  Section 73-75-11, Mississippi Code of 1972, is amended as follows:

     73-75-11.  (1) * * *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 and from such other funds available to the board  From and after July 1, 2016, the expenses of the administration of the provisions of this chapter shall be defrayed by appropriation from the State General Fund and all fees, licenses and other charges assessed under this section shall be deposited into the State General Fund as authorized by law and determined by the State Fiscal Officer.

     (2)  The State Board of Psychology shall receive and account for all funds received. * * *and shall keep such funds in a separate fund.  Funds collected under the provisions of this chapter shall be used solely for the expenses of the board and to administer the provisions of this chapter, which may include full or partial financing of continuing education programs promulgated by the board under this chapter.  Such funds shall be subject to audit by the Auditor of the State of Mississippi.

     (3)  The Mississippi Autism Board shall be assigned to the Mississippi Office of the Secretary of State for administrative and ministerial purposes; and from and after July 1, 2018, the Mississippi Autism Board shall be assigned to the State Board of Psychology for administrative and ministerial purposes.

     SECTION *.  Section 73-75-27, Mississippi Code of 1972, is amended as follows:

     73-75-27. * * *  All fees collected by the board under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund hereby 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.  (1)  From and after July 1, 2016, the expenses of the administration of the provisions of this chapter shall be defrayed by appropriation from the State General Fund and all fees, licenses and other charges assessed under this section shall be deposited into the State General Fund as authorized by law and determined by the State Fiscal Officer.

     (2)  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this chapter.

     FURTHER, AMEND the title by striking lines 105 through 112 and substitute:

TO AMEND SECTIONS 73-31-7, 73-75-11 AND 73-75-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EFFECTIVE JULY 1, 2018, THE MISSISSIPPI AUTISM BOARD BE ASSIGNED TO THE STATE BOARD OF PSYCHOLOGY FOR ADMINISTRATIVE SUPPORT, AND TO CLARIFY THAT THE EXPENSES OF THE BEHAVIOR ANALYST LICENSURE LAW SHALL BE DEFRAYED BY APPROPRIATION FROM THE STATE GENERAL FUND AND ALL FEES AUTHORIZED UNDER THIS PROGRAM SHALL BE DEPOSITED INTO THE STATE GENERAL FUND AS DETERMINED BY THE STATE FISCAL OFFICER;