MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Commerce
By: Representative Yancey
AN ACT TO AMEND SECTION 73-50-2, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS RELATING TO TEMPORARY PRACTICE PERMITS FOR THE PRACTICES OF MARRIAGE AND FAMILY THERAPY AND PSYCHOLOGY UNDER THE UNIVERSAL RECOGNITION OF OCCUPATIONAL LICENSES ACT; TO REQUIRE THE LICENSING BOARD OF THE PSYCHOLOGISTS OR OF THE MARRIAGE AND FAMILY THERAPISTS, AS THE CASE MAY BE, TO SUSPEND AND REVOKE THE TEMPORARY LICENSE OF AN APPLICANT UPON NOTICE THAT EITHER THE REQUIRED CRIMINAL BACKGROUND CHECK OR THE REQUIRED EDUCATION, TRAINING AND EXAMINATION INQUIRIES ARE RETURNED TO THE LICENSING BOARD AS INSUFFICIENT FOR LICENSURE AND TO NOTIFY THE APPLICANT OF THE REVOCATION; TO PROVIDE THAT NOTHING IN THIS SECTION SHALL REPLACE OR REMOVE AN APPLICANT'S REQUIREMENTS FOR COMPLIANCE WITH EDUCATION, SUPERVISED TRAINING AND EXAMINATION UNDER SECTIONS 73-31-14 AND 73-31-15, FOR THE PRACTICE OF PSYCHOLOGY, OR UNDER SECTION 73-54-23, FOR THE PRACTICE OF MARRIAGE AND FAMILY THERAPY; TO BRING FORWARD SECTION 73-54-23, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE PRACTICE OF MARRIAGE AND FAMILY THERAPY, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 73-31-14 AND 73-31-15, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PRACTICE OF PSYCHOLOGY, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-50-2, Mississippi Code of 1972, is amended as follows:
73-50-2. (1) This section shall be known as the "Universal Recognition of Occupational Licenses Act."
(2) As used in this section, the term:
(a) "License" means any license (other than a privilege license), certificate, registration, permit or other evidence of qualification that an individual is required by the state to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) "Occupational licensing board" means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses. For the purposes of this section, the State Department of Education shall be considered an occupational licensing board when issuing teacher licenses under Section 37-3-2.
(3) Notwithstanding any other provision of law, an occupational licensing board shall issue a license or government certification in the discipline applied for and at the same practice level to a person who establishes residence in this state if, upon application to an occupational licensing board, the applicant satisfies the following conditions:
(a) The applicant holds a current and valid license in good standing in another state in an occupation with a similar scope of practice, as determined by the occupational licensing board in Mississippi, and has held this license from the occupational licensing board in the other state for at least one (1) year; and
(b) There were minimum education requirements and, if applicable, work experience, examination and clinical supervision requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed in that state; and
(c) The applicant has not committed any act in the other state that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in Mississippi at the time the act was committed, and the applicant does not have a disqualifying criminal record as determined by the occupational licensing board in Mississippi under Mississippi law; and
(d) The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's work in the occupation in another state; and
(e) The applicant does not have a complaint, allegation or investigation pending before an occupational licensing board or other board in another state that relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation or investigation pending, the occupational licensing board in Mississippi shall not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in Mississippi to the satisfaction of the occupational licensing board in Mississippi; and
(f) The applicant pays all applicable fees in Mississippi.
(4) Notwithstanding any other law, the occupational licensing board shall issue a license to an applicant in the discipline applied for and at the same practice level, as determined by the occupational licensing board, to a person who establishes residence in this state based on work experience in another state, if all the following apply:
(a) The applicant worked in a state that does not use a license to regulate a lawful occupation, but Mississippi uses a license to regulate a lawful occupation with a similar scope of practice, as determined by the occupational licensing board;
(b) The applicant worked for at least three (3) years in the lawful occupation; and
(c) The applicant satisfies the provisions of paragraphs (c) through (f) of subsection (3) of this section.
(5) An occupational licensing board may require an applicant to pass a jurisprudential examination specific to relevant state laws in Mississippi that regulate the occupation if the issuance of a license in Mississippi requires an applicant to pass a jurisprudential examination specific to relevant state statutes and administrative rules in Mississippi that regulate the occupation.
(6) For purposes of this section, residence may be established by demonstrating proof of a state-issued identification card or one (1) of the following:
(a) Current Mississippi residential utility bill with the applicant's name and address;
(b) Documentation of the applicant's current ownership, or current lease of a residence in Mississippi;
(c) Documentation of current in-state employment or notarized letter of promise of employment of the applicant or his or her spouse; or
(d) Any verifiable documentation demonstrating Mississippi residency.
(7) A person who receives a license under this section is subject to the laws regulating the person's practice in this state and is subject to the occupational licensing board's jurisdiction.
(8) A license issued under this section is valid only in this state and does not make the person eligible to be part of an interstate compact.
(9) The occupational licensing board shall issue or deny the license to the applicant within one hundred twenty (120) days after receiving an application.
Except as otherwise provided in this subsection (9), if the application requires longer than two (2) weeks to process, the occupational licensing board shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalties of perjury, affirming that he or she satisfies the provisions of subsection (3) or subsection (4) and pays all applicable fees as required by subsection (3)(f) or subsection (4)(c).
The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued, in accordance with rules adopted by the occupational licensing board. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirement for licensure in subsections (3) through (5), as applicable.
If the application is for a license for the practice of marriage and family therapy as regulated under Section 73-54-1 et seq., or the practice of psychology as regulated under Section 73-31-1 et seq. and Section 73-31-51, as the case may be, and requires longer than two (2) weeks to process, the occupational licensing board shall issue a temporary practice permit within sixty (60) days after receiving the application if the applicant submits an affidavit, under penalties of perjury, affirming that he or she satisfies the provisions of subsection (3) or subsection (4) and pays all applicable fees as required by subsection (3)(f) or subsection (4)(c). The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued, in accordance with rules adopted by the occupational licensing board. If either the required criminal background check or the required education, training and examination inquiries are returned to the licensing board as insufficient for licensure as specified in Sections 73-31-14 and 73-31-15, for the practice of psychology, or in Section 73-54-23, for the practice of marriage and family therapy, the licensing board of the psychologists or of the marriage and family therapists, as the case may be, shall suspend and revoke the temporary license of the applicant upon notice of the insufficiencies and notify the applicant of the revocation.
(10) (a) The applicant may appeal any of the following decisions of an occupational licensing board to a court of general jurisdiction:
(i) Denial of a license;
(ii) Determination of the occupation;
(iii) Determination of the similarity of the scope of practice of the license issued; or
(iv) Other determinations under this section.
(b) The court shall determine all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an occupational licensing board, without regard to any previous determination that may have been made on the question in any action before the occupational licensing board.
(11) An occupational licensing board shall prominently print the following on all license applications, any communication denying a license, and on the board's website: "Pursuant to the provisions of the Universal Recognition of Occupational Licenses Act, Mississippi shall recognize occupational licenses obtained from other states." An occupational licensing board shall prepare and place on the board's website an annual report detailing the number of applications submitted to the licensing board under this section during a calendar year and the actions taken by the board on the applications.
(12) An occupational licensing board shall adopt rules necessary to implement this section by January 1, 2022. In addition, an occupational licensing board shall make all reasonable efforts to issue a license to an applicant for a license under this section.
(13) Nothing in this section shall be construed to prohibit an applicant for licensure from proceeding under the existing licensure requirements established by an occupational licensing board in Mississippi.
(14) Nothing in this section shall replace or remove an applicant's requirements for compliance with education, supervised training and examination under Sections 73-31-14 and 73-31-15, for the practice of psychology, or under Section 73-54-23, for the practice of marriage and family therapy.
( * * *15) Nothing in this chapter shall be
construed to prevent Mississippi from entering into a licensing compact or
reciprocity agreement with another state, foreign province or foreign country.
A license issued under this section is valid only in Mississippi. It does not
make the person eligible to work in another state under an interstate compact
or reciprocity agreement unless otherwise provided in Mississippi law.
( * * *16) Nothing in this section shall be
construed to apply to:
(a) The practice of law as regulated under Section 73-3-1 et seq.;
(b) Criteria for an applicant to obtain a license that is established under an interstate compact;
(c) The ability of an occupational licensing board to require an applicant to submit fingerprints in order to access state and federal criminal records information for noncriminal justice purposes;
(d) The practice of medicine by physicians as regulated under Section 73-25-1 et seq.;
(e) The provisions of the Military Family Freedom Act, Section 73-50-1; or
(f) An occupation regulated under Section 73-1-1 et seq. to the extent there is a conflict with a law granting licensure reciprocity under Section 73-1-1 et seq.
SECTION 2. Section 73-54-23, Mississippi Code of 1972, is brought forward as follows:
73-54-23. (1) The board shall issue a license by examination of credentials to any applicant licensed or certified as a marriage and family therapist in another state that has such requirements for the license or certificate that the board is of the opinion that the applicant is competent to engage in the practice of marriage and family therapy in this state, provided that the applicant submits an application on forms prescribed by the board, has passed the national Examination in Marital and Family Therapy, and pays the licensure fee prescribed by Section 73-54-27. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(2) The board shall issue a temporary license by examination of credentials to any applicant who has been licensed or certified for at least one (1) year as a social worker or marriage and family therapist in another state that has such requirements for the license or certificate for the same scope of practice that the board is of the opinion that the applicant is competent to engage in the same practice in this state, provided that the applicant submits an application on forms prescribed by the board, has passed the applicable national examination for marriage and family therapy or the Association of Social Work Boards (ASWB) examination for social workers and pays the licensure fee prescribed by Section 73-54-27. The practice setting for the temporary licensee shall be limited to a nonprofit health or family counseling facility. The applicant shall be required to hold his or her license or certificate from the other state in good standing and the applicant shall be subject to a criminal history records check by the board. The temporary license shall be issued within sixty (60) days after receiving the application if the applicant submits credentials affirming that he or she satisfies the provisions of this subsection (2). The applicant may practice under the temporary license until a regular license is granted for a period not to exceed three hundred sixty-five (365) days. Insurers shall provide reimbursement to providers based upon the temporary license held by the applicant while the regular license process is completed, and the insurance company may bill for any reimbursement paid to the provider if the application is denied.
SECTION 3. Section 73-31-14, Mississippi Code of 1972, is brought forward as follows:
73-31-14. (1) Psychologists who are duly licensed in other jurisdictions and not currently under investigation by another licensure board may, upon application for licensure, apply for a temporary license, which shall be valid until the next administration of the oral examination. The temporary license shall be issued upon the applicant's passage of the Examination for Professional Practice of Psychology (EPPP) at the level established by the board in its rules and regulations and equivalent to that required for permanent licensure. Each applicant for a temporary license shall file an application upon a form and in the manner as the board prescribes, accompanied by a fee equal to the amount required for permanent licensure. A temporary license will lapse for any person who has failed the oral examination or has had his or her license suspended or revoked by the board. Procedures for the issuance of temporary licenses shall be established by the board in its rules and regulations. The issuance of a temporary license to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(2) Psychologists who are duly licensed in other jurisdictions may apply for a temporary practice certificate that allows them to practice psychology on a temporary basis in the State of Mississippi. That practice must be limited in scope and duration, not exceeding thirty (30) days during a consecutive twelve-month period. Applicants for a temporary practice certificate shall provide to the board the nature of the practice before providing that service, and shall make available to the board a current copy of his or her license or verification of a valid license in good standing. Psychologists who receive temporary practice certificates are subject to a jurisprudence examination at the request of the board. This authority for a temporary practice certificate does not apply to a psychologist who has been denied licensure in Mississippi, is a legal resident of Mississippi, or intends to practice full-time or a major portion of their time in Mississippi. Each applicant for a temporary practice certificate shall file an application upon a form and in the manner as the board prescribes, accompanied by a fee in an amount determined by the board, but not to exceed Three Hundred Dollars ($300.00).
(3) Applicants awaiting licensure in Mississippi are prohibited from the practice of psychology without a temporary license issued by the board. For the purposes of this subsection, the practice of psychology shall be construed without regard to the means of service provision (e.g., face-to-face, telephone, Internet, telehealth).
(4) Persons licensed in another state or jurisdiction applying for the temporary authorization to practice must meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 73-31-51.
SECTION 4. Section 73-31-15, Mississippi Code of 1972, is brought forward as follows:
73-31-15. (1) Upon application accompanied by the proper fee, the board may issue a license to any psychologist who furnishes, upon a form and in the manner as the board prescribes, evidence satisfactory to the board that he or she is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or possesses a valid Certificate of Professional Qualification (CPQ) granted by the Association of State and Provincial Psychology Boards; or has at least twenty (20) years of licensure to practice in another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico or Canadian Province when that license was based on a doctoral degree; and
(a) Has had no disciplinary sanction during the entire period of licensure; and
(b) Is not currently under investigation by another licensure board; and
(c) Has demonstrated current qualification by successfully passing the oral examination and jurisprudence examination.
(2) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(3) The board may grant the authority to practice interjurisdictional telepsychology to persons who are licensed in another state or jurisdiction who meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 73-31-51.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.