Miss. Admin. Code Title 30 — Professions and Occupations

AUTISM BOARD AUTISM BOARD

Part 3301 Part 3301: MS Autism Board - Licensure of Behavior Analysts and Assistance Behavior Analysts

Chapter 1 General

30 Miss. Admin. Code Pt. 3301, R. 1.1 Purpose

The purpose of these regulations is to safeguard the public's health, safety, and welfare by establishing minimum qualifications and creating exclusive titles corresponding to the level of qualifications for individuals who wish to offer behavior analysis services to the public. Further, in order to ensure the highest degree of professional conduct by those engaged in offering behavior analysis services to the public, it is the purpose of these regulations to provide and impose disciplinary sanctions, be they civil or criminal, against persons who do not meet or adhere to the procedures, qualifications, and standards set out in these regulations.

History

• SOURCE: Miss. Code Ann. § 73-75-1

30 Miss. Admin. Code Pt. 3301, R. 1.2 Legal Authority

A. The Mississippi Autism Board shall be empowered under Miss. Code Ann. § 73- 75-1, et seq., to license qualified applicants in the practice of behavior analysis. B. The Mississippi Autism Board shall promulgate such rules as are necessary to provide for the licensing of behavior analysts and assistant behavior analysts. C. The principal offices of the Mississippi Autism Board are in the Woolfolk State Office Building, N West Street, Jackson, Mississippi 39201, PO Box 20, Jackson, Mississippi 39205.

History

• SOURCE: Miss. Code Ann. § 73-75-9

30 Miss. Admin. Code Pt. 3301, R. 1.3 Definitions

A. Board means the Mississippi Autism Board. B. BACB means the Behavior Analyst Certification Board® Inc. C. Behavior Analyst means an individual who meets the minimum requirements of a Board Certified Behavior Analyst® (BCBA® or BCBA-D™), set by the BACB, and is licensed or qualifies for licensure by the Board, as further described in Rule 3.2 below. D. Assistant Behavior Analyst means an individual who meets the minimum requirements of a Board Certified Assistant Behavior Analyst (BCaBA®), set by the BACB, and is licensed or qualifies for licensure by the board, as further described in Rule 3.3 below. E. Behavior Technician means an individual who is currently certified by the Behavior Analyst Certification Board as a Registered Behavior Technician™ (RBT™) to provide applied behavior analysis treatments under the supervision and direction of a licensed behavior analyst or licensed assistant behavior analyst.

History

• SOURCE: Miss. Code Ann. § 73-75-3

30 Miss. Admin. Code Pt. 3301, R. 1.4 Publication

The Board shall publish, annually, a list of the names and addresses of all persons licensed by the Board as behavior analysts and assistant behavior analysts and a list of all persons whose licenses have been suspended, revoked, denied renewal, put on probationary status, censured, or reprimanded.

History

• SOURCE: Miss. Code Ann. § 73-75-19

Chapter 2 Mississippi Autism Board (“Board”)

30 Miss. Admin. Code Pt. 3301, R. 2.1 Board Structure and Purpose

The Board shall consist of five (5) members as set forth in Miss. Code Ann. § 73-75-7, for the terms indicated therein. The Board administers and interprets the laws related to licensure and practice of applied behavior analysis.

History

• SOURCE: Miss. Code Ann. § 73-75-7

30 Miss. Admin. Code Pt. 3301, R. 2.2 Meetings

The Board shall meet at least twice each year, with the first meeting being the third Friday in January, and the second being the third Friday in July. Additional meetings may be held, at the discretion of the chairperson of the Board or any two Board members. A quorum shall consist of three (3) members of the Board, and shall be necessary for the Board to take action by vote.

History

• SOURCE: Miss. Code Ann. § 73-75-9

30 Miss. Admin. Code Pt. 3301, R. 2.3 Responsibilities: The Board shall:

A. establish examination, licensing, and renewal of license criteria for applicants and investigate and evaluate each applicant applying for licensure to practice applied behavior analysis B. maintain an up-to-date list of all individuals licensed to practice applied behavior analysis, with such list being available, upon request, to the public; C. conduct disciplinary hearings, upon specified charges, of a licensee; D. refer disciplinary actions of any individual engaged in the practice of applied behavior analysis to the appropriate government agency for prosecution, whether licensed or otherwise, or, if the individual is licensed by another state licensing authority, refer same to the appropriate committee or Board. Actions may also be referred to the BACB at the discretion of the Board. E. maintain an up-to-date list of all individuals whose license has been suspended, revoked, or denied and make such list available to public inspection and supply such list to similar regulatory boards in other states or jurisdictions; F. keep a record of all proceedings of the Board, and make said record available to the public; G. establish a schedule of oral examinations to be administered no less than quarterly. Dates of oral exams shall be published by the Board no later than six (6) months in advance and shall correspond with BACB exam window dates; and H. promulgate and implement rules and procedures to carry out the purpose of Miss. Code Ann. § 73-75-9.

History

• SOURCE: Miss. Code Ann. § 73-75-9

Chapter 3 Licensure

30 Miss. Admin. Code Pt. 3301, R. 3.1 General Requirements

A. An application for a license as a behavior analyst or assistant behavior analyst shall be submitted to the Board at PO Box 20, Jackson, Mississippi 39205, on an application form provided by the Board. B. Every application shall be typed or written in ink, signed under the penalty of perjury, and accompanied by the appropriate fee and by such evidence, statements, or documents as therein required. C. Approved applications and all documents filed in support thereof shall be retained by the Board. D. Licenses issues under these regulations shall expire and become invalid at midnight of the expiration date.

History

• SOURCE: Miss. Code Ann. § 73-75-13

30 Miss. Admin. Code Pt. 3301, R. 3.2 Qualifications for Licensure as a Behavior Analyst

A. Education 1) Education qualifications deemed equivalent to those specified in Miss. Code Ann. § 73-75-13. 2) Institutions recognized by the Board within the meaning of Miss. Code Ann. § 73-75-13 shall be those institutions with academic programs approved by the BACB. B. The National Examination and certification in Applied Behavior Analysis: The applicant must have passed the Board Certified Behavior Analyst® Examination and provide evidence of certification as a Board Certified Behavior Analyst (BCBA) or Board Certified Behavior Analyst-Doctoral (BCBA-D) by the BACB. C. Oral Examinations 1) Applicants for licensure as a behavior analyst must complete an oral examination administered by the Board. 2) Applicants must submit all materials (applications, fee, transcripts, BCBA verification, and fingerprint cards) no later than seven (7) days before the published examination date for which they wish to test.

History

• SOURCE: Miss. Code Ann. § 73-75-13

30 Miss. Admin. Code Pt. 3301, R. 3.3 Qualifications for Licensure as an Assistant Behavior Analyst

A. Education 1) Education qualifications deemed equivalent to those specified in Miss. Code Ann. § 73-75-13 shall be at least a Bachelor’s degree, e.g., B.A. or B.S.

2. Institutions recognized by the Board within the meaning Miss. Code Ann. § 73-75-13 shall be those institutions with academic programs approved by the BACB. B. The National Examination and certification in Applied Behavior Analysis: The applicant must have passed the Board Certified Assistant Behavior Analyst Examination and provide evidence of certification as a Board Certified Assistant Behavior Analyst (BCaBA) by the BACB. C. Proof of Ongoing Supervision: The applicant must submit records to the Board of ongoing supervision by a licensed behavior analyst.

History

• SOURCE: Miss. Code Ann. § 73-75-13

30 Miss. Admin. Code Pt. 3301, R. 3.4 Licensure by Reciprocity

An applicant for licensure by reciprocity shall submit to the Board, verified by oath, written evidence in form and content satisfactory to the Board that the applicant has met all requirements set forth in Rule 3.1 and 3.2 or 3.3 of these regulations.

History

• SOURCE: Miss. Code Ann. § 73-75-15

30 Miss. Admin. Code Pt. 3301, R. 3.5 Temporary License

A. A temporary license to practice a may be granted to: 1) An applicant for licensure meeting the requirements of Rule 3.1 and 3.2 or 3.3 who has taken the approved National Examination and is awaiting release of the applicant’s score; and 2) An applicant for licensure as a behavior analyst who is awaiting the next oral examination by the Board. B. A temporary license must be issued prior to the beginning of the supervised professional employment. C. Any applicant granted a temporary license under this Rule shall apply for full licensure upon receipt of National Examination scores, or such license shall be converted to full licensure upon satisfactory completion of the oral examination.

History

• SOURCE: Miss. Code Ann. § 73-75-17

30 Miss. Admin. Code Pt. 3301, R. 3.6 Conditions of Temporary Licensure

A. A temporary license shall be issued for a six (6) month period beginning on the date of issuance. All regular license requirements must be completed and submitted to the Board during the temporary licensure period. Supervision by a Licensed Behavior Analyst must be maintained until the temporary license is upgraded to a regular license by the Board. B. A temporary licensee shall restrict his practice setting to the State of Mississippi. 1) A temporary licensee shall practice under the supervision of a current licensee holding a corresponding, regular license issued by the Board. 2) A temporary licensee may not supervise any other licensee or behavior technician.

C. A temporary license will not be issued to any individual who has had a temporary license revoked pursuant to the provisions of these regulations. D. Any person who has taken but not passed the required examination in another jurisdiction shall not be eligible for a license of any type until an approved examination is passed. E. Any person who has failed either the Board Certified Behavior Analyst or Board Certified Assistant Behavior Analyst Examination three (3) times shall be ineligible for a temporary license. F. Any individual who has been granted a temporary license and subsequently receives a failing score on the National Examination will immediately notify the Board and the temporary license shall be deemed revoked. G. Any individual who has failed to pass the oral jurisprudence exam will not be granted a temporary licensure.

History

• SOURCE: Miss. Code Ann. § 73-75-17

30 Miss. Admin. Code Pt. 3301, R. 3.7 Abandonment

An application shall be deemed abandoned by the Board if, after six (6) months from the date of filing, the requirements for licensing have not been completed and submitted to the Board.

History

• SOURCE: Miss. Code Ann. §73-75-9.

Chapter 4 Professional Identification

30 Miss. Admin. Code Pt. 3301, R. 4.1 Production and Display of License

A person licensed to practice Applied Behavior Analysis in Mississippi shall be issued a "Certificate of Licensure." The licensee shall prominently display the "Certificate of Licensure" or copy thereof at their place(s) of employment.

History

• SOURCE: Miss. Code Ann. § 73-75-1

Chapter 5 Renewal of License

30 Miss. Admin. Code Pt. 3301, R. 5.1 General Provisions

A. The Board shall issue regular licenses, which shall be renewed prior to the expiration date of the license. B. The licensure period shall not exceed three (3) years and will terminate at midnight on the date of expiration unless renewed.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 5.2 Procedure for Renewal of License

The Board shall make renewal applications available electronically and provide copies to licensed individuals by mail if requested by the licensee.

A. The licensee shall: 1) Complete the renewal form;

2. Submit proof of continuing education credit as detailed in Chapter 6 of these regulations; 3) Enclose the renewal fee; and 4) File the above with the Board prior to the licensure expiration date. B. Renewal applications filed or postmarked after the licensure expiration date are subject to a late renewal penalty of $50.00.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 5.3 Failure to Renew

A licensee who does not comply with renewal requirements prior to licensure expiration will be deemed to have allowed his license to lapse. Said license may be reinstated by the Board, in its discretion, by the payment of the "renewal,” "late renewal penalty", and the required verification of continuing education hours provided said application for reinstatement is made within two (2) years after its last expiration date. A license may not be reinstated after having lapsed for two (2) consecutive years. A new application must be made and the licensure regulations in effect at the time of application must be met.

History

• SOURCE: Miss. Code Ann. § 73-75-21

Chapter 6 Continuing Education

30 Miss. Admin. Code Pt. 3301, R. 6.1 Definition and philosophy

Each individual licensed as a behavior analyst or assistant behavior analyst is responsible for optimum service to the consumer and is accountable to the consumer, the employer, and the profession for evidence of maintaining high levels of skill and knowledge.

A. Continuing education is defined as education beyond the basic preparation required for entry into the profession, directly related to the performance and practice of applied behavior analysis. Relevancy of continuing education hours will be determined by the Board. B. Pursuant to Miss. Code Ann. § 73-75-21, continuing education is mandatory.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 6.2 Requirements:

A. Each licensee must report a minimum of twelve (12) hours of continuing education each year, including one (1) hour of ethical or legal continuing education. Continuing education hours earned in excess of twelve (12) hours will carryover and apply to subsequent year(s) r. B. Continuing education reports are due to the Board no later than June 30. C. No more than fifty percent (50%) (number of hours/percentage of total) of the total hours reported may result from asynchronous courses. In extenuating circumstances, a licensee may petition the Board for consideration of approval for asynchronous training beyond that of the 50% limit. D. Less than one (1) year licensed: If the licensee has been licensed for less than six (6) months by the June 30 deadline, no continuing education hours must be reported to the Board for that period. If the individual has been licensed for six

(6) to nine (9) months, a minimum of six (6) continuing education hours shall be reported. If licensed for ten (10) or more months, twelve (12) continuing education hours shall be reported.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 6.3 Rule 6.3

Content Criteria: The content must apply to the field of applied behavior analysis and must be designed to meet one of the following goals:

A. Update knowledge and skills required for competent performance beyond entry level as described in current legislation and regulations. B. Allow the licensee to enhance his knowledge and skills. C. Provide opportunities for interdisciplinary learning. D. Extend limits of professional capabilities and opportunities. E. Facilitate personal contributions to the advancement of the profession.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 6.4 Sources of Continuing Education

A. Only courses/providers of CE courses approved by the BACB or a verified course sequence accrediting body specific to Behavior Analysis (e.g., ABAI, APBA) will be accepted as continuing education for licensure renewal purposes. A course not approved by the BACB or verified course sequence accrediting body specific to Behavior Analysis may be reviewed by the Board prior to attendance at the course. Contact the Board for information.

B. Continuing Education of the following types will be accepted: Type Engagement Form CE Value Learning Attending CE courses approved by the BACB or a verified course sequence accrediting body specific to Behavior Analysis (e.g., ABAI, APBA) 25 minutes of Learning is equivalent to 0.5 CE Completing didactic Behavior Analytic graduate courses with a passing grade (“C” or higher in a graded course or “pass” in a pass/fail system). 1 semester credit hour = 6.0 CE Attending Mississippi Autism Board meeting 25 minutes of Learning is equivalent to 0.5 CE (not more than 6 CE may be allowed for this engagement each cycle regardless of how many hours are attended)

Teaching Teaching CE courses approved by the BACB or a verified course sequence accrediting body specific to Behavior Analysis (e.g., ABAI, APBA) 25 minutes of Teaching CE course equivalent to 0.5 CE Teaching university courses in Behavior Analysis at an accredited, degree-granting university 1 semester credit hour = 6.0 CE Scholarship Publishing an article on Behavior Analysis in a peer- reviewed journal 1 publication = 8.0 CE

B. Specific UNACCEPTABLE activities include: 1) All in-service programs not approved in accordance with Rule 6.4(a) of these regulations. 2) Orientation to specific work-site programs dealing with organizational structures, processes, or procedures. 3) Meetings for purposes of policy decision. 4) Non-educational meetings at annual conferences, chapter, or organizational meetings. 5) Entertainment or recreational meetings or activities. 6) Committee meetings, holding of office, serving as an organizational delegate. 7) Visiting exhibits. 8) CPR education. 9) Self-directed studies other than those previously outlined. 10) Self-directed podcasts 11) Regular work activities as a Behavior Analyst or Associate Behavior Analyst.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 6.5 Rule 6.5

Reporting Procedures for Continuing Education: Continuing education credit must be awarded by the approved program provider on a form furnished by the program provider. Proof of program approval by an organization in accordance with Rule 6.4(a) must be submitted with the certificate if a recognized approval source is not evident on the CE certificate.

It is the responsibility of the licensee to insure that the following criteria are met with respect to continuing education credit: Attendance at seminars, workshops, presentations, etc., approved by the BACB or a verified course sequence accrediting body specific to Behavior Analysis (e.g., ABAI, APBA) as required by Rule 6.4(a): Certificate of attendance or completion must be

submitted no later than June 30 of each year (must include source, number of continuing education hours, form of delivery (synchronous/asynchronous), and date of attendance).

History

• SOURCE: Miss. Code Ann. § 73-75-21

Chapter 7 Revocation, Suspension and Denial of License

30 Miss. Admin. Code Pt. 3301, R. 7.1 Rule 7.1

Standards of Conduct: Licensees subject to these regulations shall conduct their activities, services, and practice in accordance with this section. Licensees may be subject to the exercise of the disciplinary sanctions enumerated in 8.6 of these regulations if the Board finds that a licensee is guilty of any of the following:

A. Negligence in the practice or performance of professional services or activities. B. Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities. C. Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same. D. Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud, or dishonesty. E. Being convicted of any crime, which is a felony under the laws of this state or the United States. F. Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee’s supervision due to the licensee’s deliberate or negligent act or acts or failure to act, regardless of whether actual damage to the public is established. G. Continued practice although the licensee has become unfit to practice as a behavior analyst or assistant behavior analyst due to: 1) failure to keep abreast of current professional theory or practice; or 2) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or 3) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice. H. Having disciplinary action taken against the licensee's license in another state. I. Making differential, detrimental treatment against any person because of race, color, creed, sex, religion, sexual orientation, or national origin. J. Engaging in lewd conduct in connection with professional services or activities. K. Engaging in false or misleading advertising. L. Contracting, assisting, or permitting unlicensed persons to perform services for which a license is required under these regulations. M. Violation of any probation requirements placed on a license by the Board. N. Revealing confidential information except as may be required by law. O. Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee.

P. Charging excessive or unreasonable fees or engaging in unreasonable collection practices. Q. For treating or attempting to treat ailments or other health conditions of human beings other than by applied behavior analysis therapy as authorized by these regulations. R. Violations of the current codes for behavior analyst or assistant behavior analyst adopted by the Behavior Analyst Certification Board. S. Violations of any rules or regulations promulgated pursuant to these regulations. T. Has engaged in any conduct considered by the Board to be detrimental to the profession of applied behavior analysis. U. The Board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Rule 8.3 of these regulations. V. Any individual who has failed to pass the oral jurisprudence examination upon the third (3 rd ) attempt must register as a Registered Behavior Technician (RBT™) and engage in remedial supervision. The Board will not accept an application for licensure from such individual until the passage of one (1) year from the last examination date.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.2 Rules For Professional Conduct

All licensees must comply with the requirements of the Professional and Ethical Compliance Code for Behavior Analysts published by the BACB.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.3 Summary Suspension

A. The Board may summarily suspend a license without a hearing, simultaneously with the filing of a formal complaint and notice of hearing, if the Board determines that: 1) the health, safety, or welfare of the public is in immediate danger; or 2) the licensee's physical capacity to practice his/her profession is in issue; or 3) the licensee's mental capacity to practice his/her profession is in issue. B. If the Board summarily suspends a license, a hearing must begin not earlier than thirty (30) days after such suspension begins, and must be commenced within sixty days of such suspension unless continued at the request of the licensee.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.4 Complaints

All complaints concerning a licensee, the licensee’s business, or professional practice, shall be reviewed by the Board. Each complaint received shall be logged, recording at a minimum the following information:

A. licensee's name; B. behavior technician and supervisor’s names, if applicable; C. name of the complaining party, if known; D. date of complaint; E. brief statement of complaint; and F. disposition.

History

• SOURCE: Miss. Code Ann. § 73-75-9

30 Miss. Admin. Code Pt. 3301, R. 7.5 Investigation

A. Complaints should be submitted to the Board Administrator at the Board office.

1. If needed, the Board Administrator shall send the appropriate complaint forms to the complainant, but can otherwise be found on the agency website. 2. The complaint should be on the complaint forms approved by the Board. 3. The complaint should include the street address, phone numbers, email address, and any other reasonable contact information and releases of information of the individual filing the complaint. 4. The complaint should include any witness information. 5. For complaints submitted on the printed complaint forms, the complainant is responsible for completing, notarizing, and returning the forms to the Board Office.

B. Upon receipt of a complaint, the Board Administrator will:

1. Assign a complaint number and enter complaint information in the Complaint Log; 2. Prepare a file for the original documents of the complaint; 3. Copy the original documents; 4. Notify the Accused of the allegations. This can be done by sending a copy of the complaint to the Accused via certified mail. The Accused shall have thirty (30) calendar days from the date of the letter to respond to the allegations in writing and return via mail to Mississippi Autism Board, PO Box 20, Jackson, MS 39205; 5. Send the copy to the Board member assigned the complaint or, at the direction of the Board, an external investigator, and the Board attorney; 6. Complaints shall be assigned among Board members as the Board investigator on a rotating basis; and 7. The option of assigning a complaint to an external investigator shall be determined by the Board on a case-by-case basis.

C. The Board member or investigator shall:

1. Investigate the complaint to determine validity, appropriateness, and jurisdiction of the complaint based on the Code of Ethics, the Rules and Regulations, and the statutes governing Licensees; 2. All official notices to the Accused should be completed using certified return receipt mail;

2. Appropriate documentation should be copied to the Board Administrator and the Board attorney; and

D. The Board shall conduct a meeting, with a quorum present, to hear a case presented by the assigned/designated Board member or investigator.

1. The assigned case number will be used in referring to the case. 2. Only a minimal description of the case should be offered at this juncture of the proceedings.

E. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law.

F. All final orders issued by the Board shall be reflected in the Board minutes.

History

• SOURCE: Miss. Code Ann. § 73-75-9

30 Miss. Admin. Code Pt. 3301, R. 7.6 Notice of Charges and Hearing

A. Following the investigative process, the Board may file formal charges against the licensee. Such formal complaint shall, at a minimum, inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges. B. Each licensee, whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee, shall be served notice of the formal charge at least thirty (30) days before the date of hearing. A hearing shall be presided over by the Board or the Board's designee. Service shall be considered to have been given if the notice was personally received by the licensee, or the notice was mailed certified, return receipt requested, to the licensee at the licensee's last known address as listed with the Board. The notice of the formal hearing shall consist at a minimum of the following information: 1) the time, place and date of hearing; 2) that the licensee shall appear personally at the hearing and may be represented by counsel; 3) that the licensee shall have the right to produce witnesses and evidence in the licensee's behalf and shall have the right to cross- examine adverse witnesses and evidence; 4) that the hearing could result in disciplinary action being taken against the licensee's license; 5) that rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy; and 6) that the Board, or its designee, shall preside at the hearing and following the conclusion of the hearing shall make findings of facts, conclusions of law and recommendations, separately stated, to the Board as to what disciplinary action, if any, should be imposed on the licensee.

C. The Board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Rule 7.3 of these regulations. D. The Board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the Board shall issue an order, within sixty (60) days. E. Disposition of any complaints may be made by consent order or stipulation between the Board and the licensee. F. All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.7 Sanctions

The Board may impose any of the following sanctions, singly or in combination, when it finds that a licensee or applicant for license is guilty of any violations of the practice act or any lawful order, rule or regulation rendered or adopted by the Board:

A. Revoke the license. B. Suspend the license, for a period not to exceed one (1) year. C. Censure the licensee. D. The Board shall have the right to recover applicable costs of investigation, prosecution, and adjudication of the disciplinary action from the offending licensee or applicant. E. Place a licensee on probationary status and require the licensee to submit to any of the following: 1) report regularly to the Board, or its designee, upon matters which are the basis of probation; 2) continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of probation; or 3) such other reasonable requirements or restrictions as are proper. F. Refuse to renew a license. G. Revoke probation which has been granted and impose any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated. H. The Board may reinstate any licensee to good standing under this chapter if, after hearing, the board is satisfied that the applicant's renewed practice is in the public interest.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.8 Criteria For Rehabilitation

Upon the suspension or revocation of a license, the Board, in evaluating the rehabilitation of such person and his eligibility for licensure, will consider the following:

A. The nature and severity of the act(s) which resulted in the suspension or revocation of his license.

B. The extent of time elapsed since the commission of the act(s) which resulted in the suspension or revocation. C. Whether he has committed any act(s) which if done by a licensee would be grounds for suspension or revocation of a license since the date of suspension or revocation. D. Whether he has done any act(s) involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another since the date of the suspension or revocation. E. Whether he has complied with any or all conditions or probation or restitution, or any other civil or criminal sanction imposed against him as a result of the act(s) including such administrative penalties and conditions or probation as have been imposed on him by the Board; and F. Such other evidence of rehabilitation as the person may submit.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 7.9 Appeals

Any person aggrieved by a decision of the Board shall have a right of appeal in the manner provided for in the Act and the Laws of the State of Mississippi.

History

• SOURCE: Miss. Code Ann. § 73-75-19

Chapter 8 Exceptions and Exemptions

30 Miss. Admin. Code Pt. 3301, R. 8.1 Exemptions

Nothing in these rules shall be construed or interpreted in such a manner as to limit a qualified assistant or paraprofessional in performing duties related to applied behavior analysis as assigned by a professional exempt by statute from the rules and regulations herein; except that, no supervised assistant or paraprofessional shall perform duties under such supervision that the exempt professional is not otherwise qualified to perform.

History

• SOURCE: Miss. Code Ann. § 73-75-5

30 Miss. Admin. Code Pt. 3301, R. 8.2 Good Samaritan Act

[LEFT BLANK ON PURPOSE]

History

• SOURCE: Miss. Code Ann. § 73-75-1

Chapter 9 Regulations Governing Supervision and Registration of Behavior Technicians

30 Miss. Admin. Code Pt. 3301, R. 9.1 Purpose

The purpose of these regulations is to provide guidelines specific to supervision and registration of behavior technicians by licensed behavior analysts or licensed assistant behavior analysts; to provide for the denial, suspension and revocation of such registration; to provide for the denial, suspension and revocation of licenses of behavior analysts and assistant behavior analysts employing or supervising behavior technicians; and for related purposes. The licensed behavior analyst is responsible for all conduct of the behavior technician. The behavior technician in the state of Mississippi is not a separately licensed professional and works solely under the license of the behavior analyst.

History

• SOURCE: Miss. Code Ann. § 73-75-23

30 Miss. Admin. Code Pt. 3301, R. 9.2 Powers and Duties of the Board

A. To deny, suspend or revoke licensure of behavior analysts and assistant behavior analysts or otherwise discipline licensed behavior analysts and assistant behavior analysts who employ or supervise behavior technicians, and who engage in unethical or questionable practices, or who fail to provide appropriate supervision of behavior technicians or who have encouraged or participated in any intentional act or omission that caused or assisted their behavior technicians to violate these regulations and/or any law. B. To investigate alleged or suspected violations of the provisions of these regulations or other laws of this state pertaining to behavior technicians. C. To maintain a register listing the name of every behavior technician registered in this state, his/her last known place of business and last known place of residence, and the date and number of his/her registration. Such a list shall be made publicly available by the Board. D. To be responsible for all disputed matters involving whether an applicant shall be registered.

History

• SOURCE: Miss. Code Ann. § 73-75-9 and Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 9.3 Registration

A. Application for Registration: An application for registration for a behavior technician shall be submitted by the supervising licensee to the Board at its principal office, 401 Mississippi Street, Jackson, Mississippi 39203, on an application form provided by the Board. Every application shall be typed or written in ink, the signatures notarized and accompanied by the appropriate fee and by such evidence, statements, or documents as herein required. B. Abandonment of Application: If the application process for registration is not completed within six (6) months, the application shall be considered abandoned, and a new application must be submitted before registration may be granted. C. Education Requirements: The educational requirements for registration as a behavior technician shall be a minimum of a high school diploma or the equivalent. D. General Requirements: The licensed behavior analyst or assistant behavior analyst who registers behavior technicians must determine that the applicant:

1. Is at least 18 years of age; 2) Is of good moral character; 3) Has met the minimum educational requirements; 4) Has adequate communication skills and the ability to relate to the clinical population; 5) Has current qualifications as a Registered Behavior Technician™ from the BACB®;

2. Works under the supervision of a licensed behavior analyst or assistant behavior analyst; and 7) Shall be registered by the Board. No examination shall be required for registration. E. Supervision Requirements: A licensed behavior analyst or assistant behavior analyst must comply with the supervision policy of the BACB. The Board may audit supervision record(s) of a licensee at its discretion. The licensee shall provide the applicable record(s) to the Board upon request and without undue delay.

History

• SOURCE: Miss. Code Ann. § 73-75-23

30 Miss. Admin. Code Pt. 3301, R. 9.4 Termination of Supervision

Notice of Termination: Within seven (7) days after the termination of the supervision of a behavior technician, the supervising licensee shall notify the Board, in writing, of such termination and the date of termination and return the certificate of registration to the Board. Failure of a supervising licensee to comply with the provisions of this section may result in disciplinary action pursuant to these regulations.

History

• SOURCE: Miss. Code Ann. § 73-75-23

30 Miss. Admin. Code Pt. 3301, R. 9.5 Roles and Responsibilities of Licensees and Registrants

Within the provision of applied behavior analysis service there are two recognized levels of personnel: the professional behavior analyst or assistant behavior analyst who is licensed to practice applied behavior analysis; and the behavior technician who is registered, but is usually an on-job-trained individual who provides support activities for the behavior analyst or assistant behavior analyst. The behavior analyst or assistant behavior analyst shall assume primary responsibility for applied behavior analysis care rendered by and all conduct of the licensee and his/her behavior technician(s). The behavior technician in the state of Mississippi is not a separately licensed professional and works solely under the license of the behavior analyst.

History

• SOURCE: Miss. Code Ann. § 73-75-23

30 Miss. Admin. Code Pt. 3301, R. 9.6 Duties of the Behavior Technician

Behavior technicians will comply with all restrictions on practice and requirements established by the BACB.

History

• SOURCE: Miss. Code Ann. § 73-75-23

30 Miss. Admin. Code Pt. 3301, R. 9.7 Standards of Conduct for Behavior Technician; Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst

A. Standards of Conduct: Behavior analysts or assistant behavior analysts may, at the discretion of the Board, have their licensure suspended, revoked, or denied, or have their supervision authority limited, if the Board determines that a behavior technician under supervision of a behavior analyst or assistant behavior analyst: 1) Was convicted of a felony or an offense involving moral turpitude. The record of such conviction, or certified copy thereof from the clerk of the

court where such conviction occurred or by the judge of that court, shall be sufficient evidence to warrant revocation or suspension. 2) Is guilty of securing, or attempting to secure a registration or certificate through fraud or deceit. 3) Is guilty of unethical conduct, or gross ignorance, or inefficiency in the conduct of his practice. 4) Is guilty of knowingly practicing while suffering with a contagious or infectious disease. 5) Has used a false name or alias in the practice of his profession. 6) Is unfit or incompetent by reason of negligence, habits, or other causes of incompetence. 7) Is habitually intemperate in the use of alcoholic beverages. 8) Is addicted to, or has improperly obtained, possessed, used or distributed, habit-forming drugs or narcotics. 9) Has practiced as a behavior technician after his registration or supervision has been terminated or suspended. 10) Has practiced as a behavior technician under cover of any permit or registration illegally or fraudulently obtained or issued. 11) Has violated or aided or abetted others in violation of any provision of the Act or regulations promulgated thereto. 12) Has engaged in any conduct considered by the Board to be detrimental to the profession of applied behavior analysis. 13) Has violated the provisions of any applicable state or federal laws, or regulations. 14) Has been disciplined by another jurisdiction if at least one (1) of the grounds for the discipline is the same or substantially equivalent to those set forth in the Act or rules and regulations promulgated pursuant to the Act. 15) Has violated any rule or policy of the BACB applicable to behavior technicians. B. Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst: It shall be the responsibility of the supervising behavior analyst or assistant behavior analyst to ensure adherence to the above listed standards of conduct in Rule 9.7(a) by any behavior technicians providing treatment and/or services under their direction. A behavior analyst or assistant behavior analyst will terminate supervision of a behavior technician in violation of the standards of conduct and report the same to the Board. C. Summary Suspensions: The Board may summarily suspend a licensed behavior analyst or licensed assistant behavior analyst without a hearing, following the procedures set forth in Rule 7.3. D. Notice of Charges and Hearing: Following the investigative process, the Board may file formal charges against the behavior technician and/or the supervising licensee. Such formal complaint shall follow the same procedures as provided in Rule 7.6 E. Board Sanctions: The Board may impose any of the following sanctions against the supervising behavior analyst or assistant behavior analyst of the

behavior technician, singularly or in combination, when it finds that a behavior technician is guilty of any of the above offenses: 1) Revoke the license; 2) Suspend the registration, for any period of time; 3) Censure the licensee; 4) Place the licensee and/or offending technician on probationary status and require the licensee or offending technician to submit to any of the following: i. report regularly to the Board, or its designee, upon matters which are the basis of probation; or ii. such other reasonable requirements or restrictions as are proper; 5) Refuse a license or registration; or 6) Revoke probation which has been granted and impose any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated. 7) The Board may reinstate any behavior analyst, assistant behavior analyst, or behavior technician to good standing under these regulations if, after hearing, the Board is satisfied that the individual's renewed practice is in the public interest. 8) The Board may limit a licensed behavior analyst or assistant behavior analyst’s authority to supervise behavior technicians. F. Appeal: Any person aggrieved by a decision of the Board shall have a right of appeal in the manner provided for in the Act and the Laws of the State of Mississippi.

History

• SOURCE: Miss. Code Ann. § 73-75-23

Chapter 10 Fees

30 Miss. Admin. Code Pt. 3301, R. 10.1 Method of Payment

In accordance with state law, the following non- refundable fees, where applicable, are payable to the Board by check or money order.

History

• SOURCE: Miss. Code Ann. § 73-75-21

30 Miss. Admin. Code Pt. 3301, R. 10.2 Schedule of Fees

Application and Renewal for a Behavior Analyst .....................$250.00 Application and Renewal for Assistant Behavior Analyst........... $100.00 Late Renewal Penalty $ 50.00 Temporary License $ 75.00 Duplicate License Certificate Fee $ 25.00

Criminal Background Investigation Fee $35.00 Application for Registration of Behavior Technicians $25.00 Pre-Licensure Determination Fee $25.00

History

• SOURCE: Miss. Code Ann. § 73-75-21

Chapter 11 Administrative Grievance Procedure

30 Miss. Admin. Code Pt. 3301, R. 11.1 Administrative Appeals

Any person aggrieved by a decision regarding the initial application for licensure or the renewal of licensure shall have the right of a second review by the Board or a designated member of the Board.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 11.2 Notification

Written notice will be provided to all applicants regarding denial of an original license or a renewal license. Such notice shall contain the reason thereof.

History

• SOURCE: Miss. Code Ann. § 73-75-19

30 Miss. Admin. Code Pt. 3301, R. 11.3 Hearing

If requested in writing within the specified time frame a hearing will be provided in which the applicant may show cause why the license should be granted or renewed. Within sixty (60) days of the hearing, or other such time frame as determined during the hearing, written findings of fact, together with a recommendation for action on the license in question, shall be forwarded to the Board. The Board shall decide what action will be taken on the recommendation within five days of its receipt. Written notice shall be provided to the applicant.

History

• SOURCE: Miss. Code Ann. § 73-75-13

Chapter 12 Suspension for Failure to Pay Child Support

30 Miss. Admin. Code Pt. 3301, R. 12.1 Suspension for Failure to Pay Child Support

In addition, the Board is 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 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.

History

• SOURCE: Miss. Code Ann. § 93-11-153

Chapter 13 Open Meetings

30 Miss. Admin. Code Pt. 3301, R. 13.1 The Mississippi Autism Board shall adhere to the Open Meetings Law, Section 25-41- 3, Mississippi Code Ann

(1972) as amended.

History

• SOURCE: Miss. Code Ann. § 25-41-1 and Miss. Code Ann. § 25-41-3

Chapter 14 Public Records

30 Miss. Admin. Code Pt. 3301, R. 14.1 Authority and Purpose

(a) “It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act. Furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records.” Section 25-61-1, Miss. Code of 1972.

(b) “[A]ll public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body.” Section 25-61-5, Miss. Code of 1972.

(c) The act defines “public record” to include “all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.” Section 25-61-3(b). The purpose of these rules is to establish the procedures the Mississippi Autism Board will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the Mississippi Autism Board and establish processes for both requestors and the Board staff that are designed to best assist members of the public in obtaining such access.

(d) The purpose of the act is to provide the public full access to public records concerning the conduct of government. These rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the Board will be guided by the provisions of the act describing its purposes and interpretation.

(e) Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the board should make a written request, signed by themselves to be mailed to the Board Administrator, Mississippi Board of Autism, Post Office Box 20, Jackson, MS 39205.

(f) The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include, if possible, a description of the type of record, dates, title of a publication, and other information which may aid in locating the record.

(g) The written request must specify what the applicant proposes to do with the record, i.e., inspect, copy, etc. state the date and time for the proposed activity; state the number of persons

scheduled to participate; and shall provide the name, address, and home and office telephone number of the applicant.

(h) The Board Administrator, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or access to records or deny access to or production of the records sought within seven (7) working days from the date of the receipt of the request for the production of the record. If the Board is unable to produce a public record by the seventh working day after the request is made, the Board will provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven-day period. Unless there is a mutual agreement of the parties, in no event shall the date for the Board’s production of the request records be any later than fourteen (14) working days from the receipt of the original request.

(i) All inspection, copying or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Board Administrator y by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted.

(j) Where possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.

(k) If the Board Administrator determines that the records requested are exempt or privileged under the law, she shall deny the request and shall send the person making the request a statement of the specific exemption relied upon by the Board for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. This file shall be made available for inspection or copying or both during regular office hours to any person upon written request.

(l) The Board Administrator is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping and/or duplicating records and to require payment in advance of such estimated charges prior to complying with the request. There shall be a charge of $0.50 per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event the actual cost of such activity exceeds the estimate, the Board Administrator is authorized to withhold mailing or delivery of said documents or to delay the inspection until the difference is paid.

(m). There shall be no charge for inspection of the current Board’s records maintained at the Board office. Cost of obtaining records from any state storage facilities and the search for it shall be charged to the applicant.

(n). The Board Administrator may waive any or all the foregoing requirements related to written notice, time, and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest.

(o). Applications for licensure shall be exempt from the provisions of this chapter.

(p) Test questions in the possession that are to be used in future license examinations, shall be exempt from the provisions of this chapter.

(q) Recommendations in the possession of any state board which is authorized to hold examinations and grant licenses or certificates to practice any profession, respecting any application for a professional license or certificate, shall be exempt from the provisions of this chapter.

History

• SOURCE: Miss. Code Ann. § 73-75-9, Miss. Code Ann. § 25-61-5, Miss. Code Ann. § 25 -61-9, & Miss. Code Ann. § 73-52-1.

Chapter 15 Executive Sessions

30 Miss. Admin. Code Pt. 3301, R. 15.1 (a)

Any member may enter into executive session for the transaction of public business; however, all meetings of any public body shall commence as an open meeting.

(b) The procedure to be followed by any public body in declaring an executive session shall be as follows: Any member shall have the right to request the motion a closed determination upon the issue of whether to declare an executive session. The motion, by majority vote, shall require the meeting to be closed for a preliminary hearing determination of the necessity for executive session. No other business shall be transacted until the discussion of the nature of the matter requiring executive session has been completed and a vote, as required in subsection (1) hereof, has been taken on the issue.

(c) An executive session shall be limited to matter allowed to be exempted from open meetings. The reason for holding an executive session shall be stated in an open meeting, and the reason so stated shall be recorded in the minutes of the meeting. Nothing in this section shall be construed to require that any meeting be closed to the public, nor shall any executive session be used to circumvent or to defeat the purposes of this chapter.

(d) A public body may hold an executive session pursuant to this section for one or more of the following reasons:

(1) Transaction of business and discussion of personnel matters relating to competence of licensure and materials related to licensure – including professional competence, character, or physical or mental health of a licensee or potential licensee.

(2) Strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body.

(3) Transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices.

(4) Investigative proceedings by any public body regarding allegations of misconduct or violation of the law, as well as all disciplinary matters concerning applicants and/or licensees.

(5) Any public body of the Legislature which is meeting on matters within jurisdiction of that body.

(6) Cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons or property, or both, within the jurisdiction of the public body.

(7) Transaction of business and discussion concerning the preparation of tests for admission to practice in the recognized professions.

(8) Transactions of business and discussions regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position.

(9) Discussions regarding material or data exempt from the Mississippi Public Records Act of 1983 pursuant to Section 25-11-121.

(10) The total vote on the question of entering into an executive session shall be recorded and spread upon the minutes of the public body.

(11) Any note whereby an executive session is declared shall be applicable only to that meeting on that day.

History

• SOURCE: Miss. Code Ann. § 25-41-7

Chapter 16 Military and Spouse Applicants

30 Miss. Admin. Code Pt. 3301, R. 16.1 Military and Spouse Applicant

1. The Mississippi Autism Board (Board) shall issue a license, certification or registration to a military-trained applicant, or an applicant who is married to or is dependent of a member of the military to allow the applicant to lawfully practice the applicant’s occupation in Mississippi if, upon application to the Board, the applicant satisfies the following conditions:

(a) Has been awarded a BCBA or BCaBA and has completed all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification or registration of the Board in this state: completed a military program of training, completed testing or equivalent training and experience as determined by the Board, and performed as a BCBA or BCaBA; and

(b) Has engaged in active practice as a BCBA or BCaBA for at least two (2) of the five (5) years preceding the date of the application under this section; and

(c) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice as a licensed behavior analyst or licensed assistant behavior analyst in this state at the time that at was committed; and

(d) Pays any fees required by the Board.

2. The Board shall issue a license, certification or registration to a military spouse to allow the military spouse to lawfully practice the military spouse’s occupation in Mississippi if, upon application to the Board, the military spouse satisfies the following conditions:

(a) Holds a current license, certification or registration from another jurisdiction, and that jurisdiction’s requirements for licensure, certification or registration are substantially equivalent to or exceed the requirements for licensure, certification or registration of the Board; and

(b) Can demonstrate competency as a licensed behavior analyst or licensed assistant behavior analyst through methods as determined by the Board, such as having completed continuing education units or having had recent experience for at least two (2) of the five (5) years preceding the date of the application under this section; and

(c) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice as a licensed behavior analyst or a licensed assistant behavior analyst in this state at the time the act was committed; and

(d) Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification or permit; and

(e) Pays any fees required by the Board.

3. The Board when issuing a license to a military spouse under Section 73-75-13 of the Miss. Code Ann., as amended, shall issue or deny the license within four (4) months of the military spouse’s application if the spouse’s orders are in Mississippi for thirty-six (36) months or less.

4. A nonresident licensed, certified or registered under this section shall be entitled to the same rights and obligations as required of a resident licensed, certified or registered by the Board.

5. Nothing in this section shall be considered to prohibit a military-trained applicant or military spouse from proceeding under the existing licensure, certification or registration requirements by the Board. A license under this section is only valid in Mississippi.

6. An occupation licensing board shall require an applicant to pass a jurisprudential examination specific to relevant state laws Mississippi that regulate the occupation if the issuance of a license in Mississippi requires an applicant to pass a jurisdictional examination specific to relevant state statutes and administrative rules in Mississippi that regulate the occupation.

7. The occupational licensing board shall issue or deny the license to the applicant within one hundred twenty days (120) days after receiving an application. If the application requires longer

than two (2) weeks to process, the occupational licensing board shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalties of perjury, affirming that he or she satisfies the provisions of section and pays all applicable fees.

History

• SOURCE: Miss. Code Ann. § 73-50-1

BOARD OF AUCTIONEERS BOARD OF AUCTIONEERS

Part 401 Rules and Regulations

Chapter 1 Responsibilities of the Mississippi Auctioneer

30 Miss. Admin. Code Pt. 401, R. 1.1 Definitions

A. Auction - means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of his audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. B. Absolute Auction - an auction in which property put up for sale is sold to the highest bidder and no minimum price will limit the bid. The seller may not nullify the sale by bidding himself or through an agent. C. Auction with Reserve - any auction in which the seller or his agent reserves the right to establish a minimum bid, to accept or reject any and all bids and to withdraw the property at any time prior to the completion of the sale by the auctioneer. D. Auction without Reserve - an auction in which property put up for sale is sold to the highest bidder and no minimum price will limit the bid. The seller may not nullify the sale by bidding himself or through an agent. Auction without reserve is equivalent to the term absolute auction. E. Estate Auction - any auction in which all the property advertised and sold is the property of a specified deceased person or the property of a specified living person's estate. F. Absolute Auction Verses Reserve Auction - auctions are considered to be with reserve unless otherwise stated, and as provisioned as under the Uniform Commercial Code. G. Auction Firm - means any business establishment or other location owned by any entity other that a duly license auctioneer where goods are sold or advertised to be sold at auction or on a recurring basis. H. Reverse Auction – any auction in which the traditional roles of buyer and seller are reversed and the sellers compete to obtain business from the buyers with prices typically decreasing as the sellers underbid each other. Reverse auction individual(s) and company(ies) who provide these services also include independent contractors of governmental authorities and require a license issued by the Commission.

History

• Source: Miss Code Ann. §73-4-3 (2009); §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.2 Advertising

A. Rules and regulations applying to advertising and proper disclosure include advertisements on television, radio, newspaper, and other media. B. It shall be a violation of these Rules for an auctioneer or gallery/auction firm to permit its name or license number to appear on any advertisement for an auction without reviewing the

contents of the advertisement prior to its publication to ascertain its compliance with applicable law and Rules. C. Any advertisements for an auction must identify the names and license number of the auctioneer or gallery who will be conducting the auction business. D. False, deceptive, misleading and untruthful advertising is expressly prohibited. Any advertisement or advertising shall be deemed to be false, deceptive, misleading or untruthful, if it: 1. contains misrepresentations of fact; 2. is misleading or deceptive because in its content or in its context it makes only a partial disclosure of relevant facts; 3. creates false or unjustified expectations of the services to be performed; 4. contains any misrepresentation or claim which the advertising licensee fails to perform; 5. advertises an auction as absolute when any portion to be sold is subject to confirmation or with reserve or with minimum bids. E. It shall be a violation of these Rules to advertise for sale items which the auctioneer or gallery/auction firm does not intend to offer for sale at the advertised auction. F. If an auctioneer and seller enter into a contract which establishes "a minimum reserve, minimum guarantee, or agreement by the auction company to guarantee or purchase the property at a set price", the auction cannot be advertised as absolute. G. Any auctioneer, gallery, or agent that willfully advertises an auction as absolute, and during the course of the auction commits acts universally known as "buy-bidding", "shielding", or "jacking" shall be a violation of law. H. A general advertisement which does not concern a specific sale(s) and which does not list sale dates, times or locations, shall not be subject to any identification requirement. A licensee may advertise under a name, trade name, or combination of names, only if written notice has been previously filed with the Commission.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.3 Pocket Identification Cards

A pocket card will be issued by the Executive Director giving the auctioneer, gallery/auction firm's name, license number and date of expiration. The pocket card must be carried by the licensee, and in the case of gallery/auction firms the designated person(s), at all times when auctioneering activities are being conducted and shall be available for inspection by the Executive Director or designated agent for the Commission.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.4 Statements to the Commission

Any false information, statements, or testimony given to the Mississippi Auctioneer Commission or its agent by a licensee or applicant will be grounds for denial of an application or disciplinary actions against the licensee.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.5 Inspection of Records

Documents, books, or records concerning an auction or auctions must be made available for inspection by the Commission or its authorized personnel or representative upon request. Failure by licensee, to produce requested documents, books, records, or copies thereof, within 20 days of request by the Commission will be grounds for further investigation and disciplinary action as appropriate by the Commission.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.6 Escrow Account

A. Auctioneers must deposit all proceeds from the auction sales into the licensee's escrow account and make all disbursements from such escrow account. B. All account records of monies received and paid out shall be available for inspection by the Commission or its designated agent, without advance notice, and copies shall be provided to the Commission upon request.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.7 Change of address or business name or ownership

A. All licensees shall notify the Commission in writing of any change or addition of residence or business address (including mailing address) and change of trade name, assumed name, or combination of names under which the licensee conducts business related to auctions. B. Any change in address, business name, or ownership required by these Rules shall be reported within 10 days of the occurrence of such change.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.8 License name and number non-transferable

It is deemed to be intentional willful or wanton conduct for a Mississippi auctioneers to allow his/her names and state numbers to be used by an auction firm and do not actually participate in the conducting of the auction business, such Mississippi Auctioneer or Auction Firm will be held directly responsible for any and all such violations. Licensed auctioneers will be further held accountable for any omission in advertising that may occur.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.9 Examination Days

A. A completed auctioneer application and evidence of a $10,000.00 Surety Bond must be received by the Commission prior to taking the exam. Upon approval of his/her application, the

applicant is notified of the date scheduled for his/her examination and asked to confirm or reschedule at least two weeks prior to the scheduled date. B. An applicant who fails to appear without notification for the first scheduled date will automatically be rescheduled for the next exam. Failure to appear without notification the second time will be sufficient cause to cancel the application without refund of the examination fee. An applicant whose application has been canceled must file a new application and pay the examination fee as if no prior application has been submitted. Each time an examination is taken and failed, the examination fee is forfeited. The applicant may request reexamination, within a reasonable period of time, without submitting another application but must remit the appropriate examination fee. C. Once an applicant has failed the examination twice consecutively, the applicant will be required to wait six months before requesting reexamination.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.10 Examinations

Examinations are confidential tests. They are designed and administered under conditions established to protect the security of the tests. Neither current forms nor any previous forms of the tests are available for purchase or inspection. No applicant who has taken the examination will be permitted to inspect that or any other completed examination after it has been graded in order to ensure the validity of the examination.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.11 Out-of-State Firm Licenses

Any out-of-state auction company/firm contracting, advertising, and managing auctions in Mississippi will be required to have a firm license, but not limited thereto.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.12 Out-of-State Auctioneers

Out-of-state auctioneers who work under contract with licensed Mississippi auctioneers or auction firms and who do not individually contract, advertise or manage auctions in Mississippi, must be a licensed Mississippi Auctioneer but will not be required to have a firm license.

History

• Source: Miss Code Ann. §73-4-13 (1995)

30 Miss. Admin. Code Pt. 401, R. 1.13 Military Applicants (Military Family Freedom Act)

Pursuant to this section, “Military” means the Armed Forces or Reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve components thereof, the National Guard of any state, the military reserves of any state, or the naval militia of any state. The Commission shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military in accordance with Section 73-50-1 et seq, Miss. Code 2019, as applicable.

History

• Source: Miss Code Ann. §73-4-23 (2021); §73-50-1 ( Rev. 2020)

30 Miss. Admin. Code Pt. 401, R. 1.14 Fresh Start Act of 2019

A. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise: 1. "Crime" shall mean any type of felony or misdemeanor conviction. 2. "Licensing" shall mean any required training, education, or fee to work in a specific profession. 3. "Licensing authority" shall mean the Mississippi Auctioneer Commission (Commission). B. No person shall be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime, unless the crime for which an applicant was convicted directly relates to the duties and responsibilities for the licensed occupation of auctioneering in accordance with 73-77-1 et seq. Miss. Code Ann. 2019.

History

• Source: Miss Code Ann. §73-77-1 (2019)

30 Miss. Admin. Code Pt. 401, R. 1.15 Reciprocity

The Commission shall issue a license by reciprocity to a person who establishes residence in this state pursuant to the provisions in Section 73-50-2, as applicable.

History

• Source: Miss Code Ann. §73-4-23 (2021); §73-50-2 (2021)

30 Miss. Admin. Code Pt. 401, R. 1.16 Buyer’s Premium and Fees Buyer’s Premium and any other fees must be disclosed in the agreements between all parties

History

• Source: Miss. Code Ann. §§73-4-13 (b); 73-4-39 (Revised 2009)

Chapter 2 Public Procedures

30 Miss. Admin. Code Pt. 401, R. 2.1 Public Records Request

The Commission shall comply with the Public Records Act, 25-61-1 et seq. Miss. Code Ann 1972, Revised.

History

• Source: Miss. Code Ann. §25-61-1 through §25-61-12 (Rev. 2010)

30 Miss. Admin. Code Pt. 401, R. 2.2 Method of Operation

The Mississippi Auctioneer Commission is created under the Mississippi Auctioneers Licensing Act, (MS Code Section 73-4-1 et seq). Authority is given by law to set and collect reasonable license fees for Auctioneers licenses, regulate the Auction profession and administer the provisions of the statute, promulgate rules and regulations, issue, suspend and revoke licenses in accordance with the law; provide for filing of surety bonds,

investigate complaints against licensees and applicants for licensure as authorized by law; hold public hearings on any matters for which a hearing is required under the Auctioneers Licensing Act; commence actions in the name of the State of Mississippi in an appropriate court in order to force compliance with the Auctioneers Licensing Act. The office of the Mississippi Auctioneer Commission is located at 353 South 4 th Street, Morton, Mississippi, 39117. The Commission phone number is 601-750-4909 and the fax number is 601-732-6447. The Executive Director and staff are available at the same address to receive requests for declaratory opinions, requests for public records, request for other matters under the auspices of this act.

History

• Source: Miss. Code Ann. §25-43.3.105 (Rev. 2019)

30 Miss. Admin. Code Pt. 401, R. 2.3 Oral Proceedings of Proposed Rules

(a) Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Commission pursuant to Section 25-43-3.104.

(b) When Oral Proceedings will be scheduled on Proposed Rules. The Commission will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

(c) Request Format. Each request must be printed or typewritten, or must be legible handwriting. Each request must be submitted on standard business letter-sized paper (8 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Commission and signed by the requestor(s).

(d) Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

(e) Presiding Officer. The Chairman of the Commission or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

(f) Public Presentations and Participation. (1) At an oral proceeding on a proposed rule, persons may make oral statements and documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

(2) Persons wishing to make oral presentation at such a proceeding shall notify the Commission at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or discretion may allow individuals to participate that have not previously contacted the Commission.

(3) At the proceeding, those who participate shall indicate their names and addresses, identify any person or organizations they may represent, and provide any other information relation to their participation deemed appropriate by the Chairman of the Commission.

(4) The Chairman may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage join oral presentations and to avoid repetition, additional time may be provided for person whose presentation represent the views of other individuals as well as their own views.

(5) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

(6) There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan's time where the orderly conduct of the proceeding so requires.

(g) Conduct if Oral Proceeding (1) Presiding Officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by Commission for the proposed rule; (iii) call on those individuals who contacted the Commission about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participants' comments; (v) adjourn the proceeding.

(2) Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submission made by those participants in that proceeding; but no participant shall be required to answer any question.

(3) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Commission and are subject to the Commission's public request procedure.

(4) Recording. The Commission may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43.3.104 (Rev. 2006)

30 Miss. Admin. Code Pt. 401, R. 2.4 Declaratory Opinions (a) Scope

These rules set forth the Mississippi Auctioneer Commission's hereinafter "Commission", rules governing the form and content of requests for declaratory opinions, and the Commission's procedures regarding the requests, as required by Mississippi Code 25-43- 2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

(b) Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Commission by following the specified procedures. "Substantial interest in the subject matter" means: an individual, business, group or other entity that is directly affected by the Commission's administration of the laws within its primary jurisdiction. "Primary jurisdiction of the agency" means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

(c) Subjects Which May Be Addressed in Declaratory Opinions. The Commission will issue declaratory opinions regard the applicability to specified facts of (1) a statute administered ore enforceable by the Commission or (2) a rule promulgated by the Commission. The Commission will not issue a declaratory opinion regarding a statue or rule which is outside the primary jurisdiction of the agency.

(d) Circumstances In Which Declaratory Opinions Will Not Be Issued. The Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessary limited to: (1) lack of clarity concerning the question presented;

(2) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(3) the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(4) the facts presented in the request are not sufficient to answer the question presented;

(5) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(6) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

(7) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statue or rule;

(8) the question presented by the request concerns the legal validity of a statute or rule;

(9) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(10) no clear answer is determinable;

(11) the question presented by the request involves the application of a criminal statue or a set of facts which may constitute a crime;

(12) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(13) the question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

(14) A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

(15) Where issuance of a declaratory opinion may adversely affect the interests of the State, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

(16) The question involves eligibility for a license, permit, certificate or other approval by the Commission or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

(e) Written Request Required. Each request must be printed or Typewritten or must be in legible handwriting. Each request be submitted on standard business letter-size paper (8 1/2 by 11 inches). Requests may be in the form of a letter addressed to the Commission.

(f) Where to Send Requests. All requests must be mailed, delivered, or transmitted via facsimile to the Commission. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone or email requests will be accepted for official opinions.

(g) Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

(h) Questions Presented. Each request shall contain the following: (1) a clear and concise statement of all facts on which the opinion is requested.

(2) a citation to the statute or rule at issue; (3) the question(s) sought to be answered in the opinion, stated clearly;

(4) a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

(5) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

(6) a statement to show that the person seeking the opinion has a substantial interest in the subject matter.

(i) Time for Commission's Response. Within forty-five (45) days after receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing: (1) issue a declaratory opinion regarding the specified statue or rule as applied to the specified circumstances;

(2) decline to issue a declaratory opinion, stating the reasons for its action; or

(3) agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request;

The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received by the Mississippi Auctioneer Commission, whichever is sooner.

(j) Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Mississippi Auctioneer Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

(k) Notice by the Mississippi Auctioneer Commission to third parties. The Mississippi Auctioneer Commission may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

(l Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Mississippi Auctioneer Commission's public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other law shall be exempt from the requirement and shall remain confidential.

(m) Effect of a Declaratory Opinion. The Mississippi Auctioneer Commission will not pursue any civil, criminal, or administrative action against a person who is issued a declaratory opinion from the Mississippi Auctioneer Commission and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Mississippi Auctioneer Commission shall be binding only on the Mississippi Auctioneer Commission and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. §25-43.2.103 (Rev. 2013)

30 Miss. Admin. Code Pt. 401, R. 2.5 Open Meetings

All official meetings of the Commission shall be conducted in accordance with Section 25-41-5.

History

• Source: Miss. Code Ann. §25-41-1 thru §25-41-17 (Rev. 2013)

BOARD OF EXAMINERS FOR SOCIAL WORKERS & FAMILY THERAPIST BOARD OF EXAMINERS FOR SOCIAL WORKERS & FAMILY THERAPIST

Part 1901 Authority and Practice

Chapter 1 Administration

30 Miss. Admin. Code Pt. 1901, R. 1.1 GENERAL

A. Purpose

The purpose of these regulations is to set forth the minimum qualifications for those who wish to practice social work or marriage and family therapy under the statute. The rules outlined in this section apply to all applicants and licensees in these two disciplines. The rules in Parts 1902 and 1903 of this title also apply to all applicants and licensees as appropriate in their respective disciplines.

B. Legal Authority of the Board

The Board of Examiners for Social Workers and Marriage and Family Therapists is authorized to promulgate these rules under and by virtue of Sections 73-53-1 through 73-54-39 of the Mississippi Code of 1972, as amended.

C. Definitions

1. “Board” shall mean the Board of Examiners for Social Workers and Marriage and Family Therapists.

2. “Discipline Specific Committees” shall mean specialty committees, one comprised of members of the social work profession, and one comprised of the marriage and family therapy profession, to carry out the duties and responsibilities set out in the rules and regulations.

3. “Act” means the legislative authority cited in Part 1901, Chapter 1, Rule 1.1, B above in this Section.

4. “Rules” shall mean all licensing guidelines adopted by the Board and contained herein.

History

• Source: Miss. Code Ann. §§73-53-1, 73-53-3(a), 73-53-11(1)(c), 73-54-3, 73-54-5(g) and 73- 54-11(1) (2008 & Supp. 2011).

30 Miss. Admin. Code Pt. 1901, R. 1.2 BOARD OF EXAMINERS FOR SOCIAL WORKERS AND MARRIAGE & FAMILY THERAPISTS

A. Purpose and Composition

The purpose of the Board of Examiners for Social Workers and Marriage and Family Therapists is to license and regulate social workers and marriage and family therapists.

The Board shall be composed of ten (10) members, six (6) of whom shall be social workers and four (4) of whom shall be marriage and family therapists. All board members must be licensed by their respective disciplines.

The purpose of each Discipline Specific Committee is to develop rules and regulations for the Board to promulgate that are necessary to license and regulate the professions.

Members of the Board from each specialty shall constitute a separate Discipline Specific Committee for their respective specialty.

B. Appointments

The Governor and Lieutenant Governor will make appointments in accordance with the Act from nominations submitted by the Mississippi Chapter of the National Association of Social Workers and the Mississippi Association for Marriage and Family Therapy. Vacancies and new appointments will be filled in a like manner. All appointments shall be made with the advice and consent of the Senate.

Terms of each appointment shall be made in accordance with Section 73- 53-8 of the Act. No person may be appointed more than once to fill an unexpired term or more than two (2) consecutive full terms.

C. Chair

Board Chair: The Board shall select one (1) of its members to serve as Board Chair. This shall occur every four years or until the Chair’s appointment expires, whichever occurs earlier. However, no person may serve as Chair of the Board for more than four (4) years.

Vice Chair: In the June meeting of each year, the board shall elect a member to serve as its vice chair and its secretary. These individuals will take office July 1 st of the year in which they were elected.

Discipline Specific Committee Chair: Each Discipline Specific Committee will select one (1) of its members to serve as Chair of the Discipline Specific Committee during the term of his/her appointment. No person may serve as Chair of the Discipline Specific Committee for more than two (2) years. The Discipline Specific Committee will deal with concerns specific to each discipline.

Actions of each Discipline Specific Committee will then be presented to the full Board for discussion and, if applicable, Board action.

D. Meetings

The Board shall establish a regularly scheduled meeting date and, upon proper public notice, may call and conduct special meetings as necessary. No Board member shall participate in any matter before the Board in which he/she has a pecuniary interest, personal bias or other similar conflict of interest. Board members shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Board business.

E. ADA Acknowledgment

The Board complies with and supports all statutes and mandates as set forth in the Americans with Disabilities Act with regard to its regulatory responsibilities associated with licensees.

F. Disciplinary Action

The Board may remove any member of the Board or the Chair from his/her position for:

1. Malfeasance in office;

2. Conviction of a felony while in office; or

3. Failure to attend three (3) consecutive Board meetings

No board member may be removed from his/her position until after a public hearing of the charges against him/her. At least thirty (30) calendar days prior, written notice must be given to the Board member detailing those charges indicating the date fixed for the hearing.

History

• Source: Miss. Code Ann. §§73-53-1, 73-53-8, 73-53-11, 73-54-3 and 73-54-11; Miss. Code Ann. §§25-41-13 and 25-43-2.104.

30 Miss. Admin. Code Pt. 1901, R. 1.3 DUTIES AND POWERS OF THE BOARD

A. General

The Board shall, upon referral from a Discipline Specific Committee, promulgate, administer and enforce the provisions of the Act, which shall from time to time include the adoption of such rules, regulations, and amendments as it may deem necessary to enable it to perform its duties. All rules and regulations shall be adopted in accordance with the Mississippi Administrative Procedures Law:

1. Rules may be revised periodically by the Board and all applicants and licensees are subject to the revised rules once adopted by the Board.

2. Applications received during a particular period of rules will be subject to and processed under those rules.

3. Disciplinary actions taken by the Board may be reported to professional associations and other entities when deemed necessary.

The Board will adhere to all State and Federal laws and regulations including, but not limited to, child support and other areas of enforcement.

B. Personnel

The Board shall have the power to employ, subject to the approval of the Mississippi State Personnel Board, an executive director, and such attorneys, experts, and other employees as it may from time to time find necessary for the proper performance of its duties and for which the necessary funds are available.

C. Licensure

Upon recommendation of the Discipline Specific Committee, the Board shall:

1. Examine and pass on the qualifications of all applicants under the Act, initial or renewal and, issue a license to each successful applicant or renewal applicant.

2. Require each applicant for licensure (first time applicant in any licensure category) to complete, through the appropriate governmental authority or authorities as designated by the Board, a criminal history record information check. The Board shall be authorized to charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining the criminal history records information on the applicant.

3. Obtain, through the appropriate governmental authority or authorities, a criminal history record information check and a check of the Mississippi Sex Offender Registry for each person applying for licensure. The board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining the information required in this paragraph for the applicant or licensee.

4. Suspend and revoke licenses and impose penalties and sanctions upon licensees as prescribed by law and by regulation set forth specifically by each discipline, either social work or marriage and family therapy, as appropriate.

5. Approve all examinations for licensure under the Act.

6. Have other such powers as may be required to carry out licensure requirements prescribed by law and by regulation.

7. Conduct random audits to determine the accuracy of initial and renewal applications, continuing education reports and any other materials submitted to the Board by or on behalf of applicants or licensees.

D. Method of Operation

The Board follows the procedures required by Mississippi Code of 1972 (as amended) §25-43-2.104.

E. Oral Proceedings on Proposed Rules

1. Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board of Examiners for Social Workers and Marriage and Family Therapists pursuant to §25-43-3.104.

2. When Oral Proceedings will be Scheduled on Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

3. Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

4. Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) calendar days from the filing of this information with the Secretary of State.

5. Presiding Officer. The Commissioner or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

6. Public Presentations and Participation.

a. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

b. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.

c. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

d. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

e. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

f. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end

the partisan’s time where the orderly conduct of the proceeding so requires.

7. Conduct of Oral Proceeding.

a. Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (iii) call on those individuals who have contacted the Board about speaking on or against the proposed rule; (iiv) allow for rebuttal statements following all participants’ comments; (v) adjourn the proceeding.

b. Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

c. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure.

d. Recording. The Board may record oral proceedings by stenographic or electronic means.

F. Declaratory Opinions

1. Scope

These rules set forth the Board of Examiners for Social Workers and Marriage and Family Therapists, hereinafter “Board,” rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests, as required by Mississippi Code § 25-43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

2. Persons Who May Request Declaratory Opinions

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the agency” means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

3. Subjects Which May Be Addressed In Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency.

4. Circumstances in which Declaratory Opinions Will Not Be Issued

The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

a. A lack of clarity concerning the question presented;

b. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

c. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

d. The facts presented in the request are not sufficient to answer the question presented;

e. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

f. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

g. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

h. The question presented by the request concerns the legal validity of a statute or rule;

i. The request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

j. No clear answer is determinable;

k. The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

l. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

m. The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

n. A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

o. Where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

p. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

5. Written Request Required

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

6. Where to Send Requests

All requests must be mailed, delivered or transmitted via facsimile to the Board. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests or email requests will be accepted for official opinions.

7. Name, Address and Signature of Requestor

Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

8. Question Presented

Each request shall contain the following:

a. A clear and concise statement of all facts on which the opinion is requested;

b. A citation to the statute or rule at issue;

c. The question(s) sought to be answered in the opinion, stated clearly;

d. A suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

e. The identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

f. A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

9. Time for Board’s Response. Within forty-five (45) calendar days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

a. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

b. Decline to issue a declaratory opinion, stating the reasons for its action; or

c. Agree to issue a declaratory opinion by a specified time but not later than ninety (90) calendar days after receipt of the written request;

The forty-five (45) calendar day period shall begin running on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner.

10. Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) calendar days after the issuance of the opinion. Prior to the expiration of sixty (60) calendar days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

11. Notice by Board to third parties. The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

12. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

13. Effect of a Declaratory Opinion. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

G. Public Records Request

All public requests to inspect, copy or mechanically reproduce or obtain are production of any public record of the Mississippi Board of Examiners for Social Workers and Marriage and Family Therapists (Board) must be submitted in writing to: the Executive Director, Mississippi Board of Examiners for Social Workers and Marriage and Family Therapists, P.O. Box 4508, Jackson, Mississippi 39296-4508. This rule is not intended to apply to any record or other document, which is exempted or privileged under the provisions of the Mississippi Public Records Act.

The written request must be typed or clearly hand printed on a letter size piece of paper and must specify in detail the public record(s) sought. The request must include a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. No verbal or telephone requests for records will be accepted.

Under the Public Records Act, documents that are exempt from public access to records include, but are not limited to, personnel records, appraisal records, attorney communications and work products of attorneys, academic records, third party confidential commercial or financial information, licensure applications and examination records, and individual tax records.

Within seven (7) working days of the Board’s receipt of a public records request, the Board shall review same and determine whether the records sought are exempt or privileged by law and shall either: i) produce the

records; ii) allow access to records; iii) if the request is unclear or does not sufficiently identify the record sought, request clarification from the requestor; or iv) deny access to or production of the records sought. If the Board is unable to produce a public record by the seventh working day after the request is received, the Board will provide the requester with a written explanation stating that the record requested will be produced and specify the reason why the records cannot be produced within the seven-day period. Unless there is mutual agreement between the Board and the request, the date for production of the requested record will be no later than fourteen (14) working days from the Board’s receipt of the original public record request.

When a request for information is made for documents furnished to the Board by a third party, the Board will give notice of the request to the third party as required by the Public Records Act. Such third party information will not be released without the prior written consent of the third party authorizing the release of the information and/or until the third party has been provided with notice of the public records request and an opportunity to seek a court order protecting such records from public review. No third party information will be released by the Board if the third party obtains a court order prohibiting the disclosure of such information.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld from disclosure by the Board.

If the Board determines that the records requested are exempt or privileged under the law, the request shall be denied and the person making the request will be provided a statement of the specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years from the date such denials are made.

Public records of the Board are available for inspection and copying or reproduction during regular office hours (8:00 a.m. through 5:00 p.m., Monday through Friday) by appointment. All inspection, copying or mechanical reproduction of records must be done in the office of the Board. The time, place and manner of inspection and reproduction or copying will not be allowed to interfere with the official duties of the

Board. The Board will not allow its records to be taken from the Board office.

The request must pay the Board in advance all reasonably estimated costs of searching, obtaining from storage, reviewing, shipping and/or duplicating the requested records. Such payment must be sufficient to cover the actual costs to the Board of complying with the public records request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front and back) shall be considered as two (2) pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice being given to a third party, the cost of mailing such notice to the third party shall be charged to the request. Cost of obtaining records from any state storage facilities and the search for the records shall be charged to the request. If the actual cost of a public records request exceeds the estimated cost provided to the request, the request will be required to pay the Board the difference between the amounts paid in advance by the request and the actual cost of supplying the record to the request.

Payment by the public records request must be made by money order or certified check.

The Board has also established a schedule of standard fees for frequently requested documents and information, directory or labels of licensees, and electronically accessible data. The schedule of standard documents and fees is set forth in Rule 4.3 Fees and Costs.

2011); Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104 and 25-43-3.104 (Rev. 2010); Miss. Code Ann. 25-61-1 through 25-61-12 (Rev. 2010).

History

• Source: Miss. Code Ann. §§73-53-8(11), 73-53-11, 73-54-11, 73-54-13 and 73-54-17 (Supp.

30 Miss. Admin. Code Pt. 1901, R. 1.4 FISCAL SUPPORT OF THE BOARD

No appropriations from the State General Fund shall be used to operate the Board. The Board shall be supported by fees collected for license application and renewal and/or other monies raised by the Board.

Fees for initial application and renewal are set forth by the Act and in these rules. Fees for other Board services related to licensure may be set and collected in

accordance with regulations in the appropriate Discipline Specific section of these Rules.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c) and (g), 73-53-10, 73-53-15, 73-54-11(1), and 73- 54-27(1) (Supp. 2011).

Chapter 2 Character and Fitness

30 Miss. Admin. Code Pt. 1901, R. 2.1 MORAL CHARACTER

A. General

1. As used under the Rules and Regulations of the Board of Examiners, “good moral character” means a pattern of behavior conforming to the profession’s ethical standards and behavior that indicates honesty and truthfulness, integrity, respect among the community for lawful behavior, respect for the rights of others, and obedience to the lawful directives of public officers or officials or persons charged with the enforcement of the law and showing an absence of moral turpitude.

2. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.

3. A determination of good moral character shall be based on absence of acts that reflect moral turpitude and upon the consideration of all aspects of a person’s character as exemplified by his or her behavior and shall include, but not necessarily be limited to, consideration of the following:

a. Evidence, among other things, of having neither a conviction nor a plea of guilty or nolo contendere, probation, pretrial diversion or payment of any fine for a felony or a misdemeanor involving moral turpitude, regardless of whether the matter is under appeal by the applicant.

b. Disciplinary action taken against any professional license, registration or certification held by the applicant by applicable governmental authority of any state, territory or

political subdivision of the United States or any other jurisdiction.

c. Whether an applicant has been guilty of conduct or practices in this state or elsewhere which would constitute grounds for disciplinary action under the Board’s laws, rules and/or regulations.

d. Civil lawsuits and administrative action bearing upon moral character such as fraud, misrepresentation, theft, assault and battery.

e. The applicant’s prior history of unlicensed practice of a regulated profession in this state.

f. Conduct that violates any of the provisions in the code of ethical standards established by the National Association of Social Workers, the American Association of Marriage and Family Therapy and/or other standards adopted by the Board.

g. Conduct involving dishonesty, fraud, or attempted deception.

h. Conduct involving misrepresentation.

i. Conduct that would adversely reflect on a person’s fitness to perform as a social worker or marriage and family therapist.

4. In determining a person’s good moral character when there is evidence of the conduct described above in subsection 3 of this Rule, the Board will also consider the following factors:

a. The nature of the criminal offense(s) or conduct which gave rise to the disciplinary, civil or administrative action.

b. The age of the applicant at the time of the criminal conviction(s) or conduct which gave rise to the disciplinary, civil or administrative action.

c. The number of criminal convictions or number of disciplinary, civil or administrative actions taken against the applicant.

d. The nature and severity of the sentence or sanction imposed for each criminal conviction that gave rise to the disciplinary, civil or administrative action.

e. Whether the probation period given in a conviction has been completed and fully satisfied to include fines, court costs, and other conditions of probation.

f. Whether restitution ordered by a court in a criminal conviction or civil judgments has been fully satisfied.

g. The date of the criminal conviction(s) or date of the disciplinary action. Whether more than ten (10) years have elapsed from the satisfaction of the terms of any order, judgment, or restitution agreement relating to criminal, administrative or civil action unless the conduct is felonious in nature.

h. The burden of demonstrating that the applicant possesses the good moral character required for licensure shall rest with the applicant.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), 73-53-13(d)(ii), 73-54-11(1) and 73-54-13(a).

30 Miss. Admin. Code Pt. 1901, R. 2.2 SCOPE OF PRACTICE

A. Level of Competency

The license to practice social work or marriage and family therapy does not permit the licensee to either offer or attempt to provide services which are beyond the level of competency they have attained through education, training, supervision or clinical experience, even though the service in question may be provided routinely by other licensed social workers or marriage and family therapists. The Licensed Social Worker (LSW) is

prohibited from diagnosing, treating or conducting therapeutic groups or psychotherapy.

B. Responsibility of the Licensee

It is the legal and ethical responsibility of each licensed social worker and licensed marriage and family therapist to limit the scope of their practice to the parameters of their competencies. Further, all licensees are required to inform the Board, through submission in writing on Board designated forms, of a change of address, name, and other identifying information.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (k), (m) and (3), 73-53-13, 73-54-11(1) and 73- 54-17 (Supp. 2011).

Chapter 3 Standards and Procedural Rules

30 Miss. Admin. Code Pt. 1901, R. 3.1 STANDARDS OF CONDUCT

A. General

Licensees subject to this Act shall conduct their activities, services and practice in accordance with the Act and any rules promulgated by the Board thereto. Licensees may be subject to disciplinary sanction enumerated in VIII below if the Board finds that a licensee is in violation of any of the standards of conduct delineated in this section.

B. Violations

1. Negligence in the practice or performance of professional services or activities.

2. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities.

3. Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same.

4. Being convicted of any crime which has a substantial relationship to the licensee’s activities and services or an essential element of which is misstatement, fraud or dishonesty.

5. Being convicted of any crime which is a felony under the laws of this state or of the United States.

6. Engaging in or permitting the performance of unacceptable services personally or by assistants working under the licensee’s supervision due to the licensee’s deliberate or grossly negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established.

7. Continued practice although the licensee has become unfit to practice social work or marriage and family therapy due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol, drugs, or other substance which may endanger the public by impairing the licensees ability to practice and which affects professional competence.

8. Disciplinary action taken against the licensee’s license in another state.

9. Engaging in differential, detrimental treatment against any person because of race, color, creed, sex, sexual orientation, religion or national origin.

10. Engaging in lewd conduct in connection with professional services or activities.

11. Engaging in false or misleading advertising.

12. Contracting with, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter.

13. Violation of any probationary requirements placed on a licensee by the Board.

14. Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee.

15. Charging excessive or unreasonable fees or engaging in unreasonable collection practices.

16. Any just and sufficient cause which renders a person unfit to practice social work or marriage and family therapy as determined by the Board but not limited to:

a. An adjudication of mental incompetence by a court of competent jurisdiction.

b. Practicing in a manner detrimental to the public health and welfare.

c. Revocation of a license by a licensing agency or certification by a certifying professional organization.

d. Any other violation of this chapter or the code of ethical standards of the National Association of Social Workers, the American Association for Marriage and Family Therapy or other ethical standards adopted by the Board under the provisions of this chapter.

17. Violation of any of the provisions of this Act or any rules or regulations of the Board adopted under the provisions of this Act.

18. Failure to notify the Board of the suspension, probation or revocation of any past or currently held license in Social Work, Marriage and Family Therapy or any other health care field, in this or any other state, or any disciplinary action taken against the licensee by any licensing board or professional association.

19. Making false representations or impersonations or acting as a proxy for another person or allowing or aiding any person to impersonate him/her in connection with any application, examination or renewal of a license, or in any procedure relating to the Board, or in the practice of their profession.

20. Failure to maintain client records securely or to inform all employees of the confidentiality requirements. Client records or other confidential information may not be revealed except with expressed written consent or as mandated by law, except as specifically stated below. Client records must be maintained after the date of termination of the clinical relationship.

The Confidentiality requirement may be waived under the following conditions:

a. When the client’s communications reveal the contemplation of a crime or a harmful act to oneself or another person, or the licensee has ample reason to believe that such a behavior is highly probable;

b. When the licensee acquires information involving a minor or elderly person who was the victim or subject of a crime or abuse or neglect and the licensee includes the confidential information in a report filed with the appropriate person or agency as required by law;

c. When the licensee is required by law to testify in a court or administrative hearing concerning matters of adoption, adult abuse or neglect, child abuse or neglect, or other matters.

d. When a person waives the confidentiality privilege by bringing charges against or sues the licensee.

21. Payment of commission rebates or other forms of remuneration for referral of clients for professional services.

22. Failure to report to clients all experimental forms of treatment or treatment modalities in which the licensee may not be proficient, before they are used with the client, explaining their potential benefits and risks of such treatment, to obtain the clients prior consent to the treatment, and failure to ensure that the welfare of the client is not compromised by any experiment, research procedure, or treatment modality.

23. Failure to comply with the ethical codes of the applicable profession (NASW or AAMFT) regarding dual relationships with clients, former clients, supervisors, or supervisees that could compromise the well-being or increase the risk of exploitation of clients or supervisees, or impair the objectivity and judgment of the client, supervisees, supervisor or licensee. This includes but is not limited to such activities as providing therapy to close friends, former sexual partners, employees or relatives, and engaging in business relationships with clients. Licensees must set clear, appropriate, and culturally sensitive boundaries when dual and multiple relationships are unavoidable.

24. Failure to report to the appropriate board known or suspected violations of the laws and regulations governing the practices of mental health professionals.

25. Using a degree as a title to indicate a level of competency unless that degree was earned in their field of professional practice from an accredited college or university as defined in these regulations.

26. Failure of a therapist to inform a client of any conflict of interest, values, attitudes or biases between them that are sufficient to impair their professional relationship and to terminate the professional relationship when it no longer serves the client’s needs or interests.

27. Failure of a therapist to prevent an individual or agency paying for their professional services on behalf of a client to exert undue influence over the therapists work performance and clinical judgment as it relates to that client.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (j) and (k), 73-53-17, 73-54-11(1) and 73-54-29.

30 Miss. Admin. Code Pt. 1901, R. 3.2 COMPLAINTS

A. General

This Rule sets out the procedures for making and processing complaints and/or inquiries against applicants for licensure and licensed social workers and marriage and family therapists where the complaints and/or inquiries

are within the jurisdiction of the Mississippi State Board of Examiners for Social Workers and Marriage and Family Therapists (Board).

B. Filing of Complaints

Any person, firm, corporation, member of the Board or public officer may make a complaint to the Board. Complaints will be addressed by the Board upon receipt of a written, signed complaint, or upon the Board’s own action.

1. Upon receipt of an inquiry, the Board’s administrative staff will forward or advise the potential complainant how to obtain, a complaint form with instructions on how to file the complaint. Except for complaints initiated by the Board, complaints must be submitted in writing under oath upon the official form prescribed by the Board. Only those complaints that are in writing will be formally addressed by the Board. The complaint must specify the statute or rule allegedly violated and must contain a statement of the acts or omissions constituting the alleged violation including the dates of said acts or omissions. Forms are available on the Board’s website.

2. Anonymous complaints will not be investigated.

3. Voluntary surrender of license. If a licensee who is the subject of a Board investigation or disciplinary proceeding voluntarily surrenders his or her license, absent unusual circumstances as determined by the Board, the Board will not discontinue the investigation or disciplinary proceeding unless the licensee consents to entry of an order limiting or prohibiting his or her practice of social work and marriage and family therapy in Mississippi.

C. Procedures for Processing Complaints

1. Upon receipt of a written complaint, or upon the Board’s own initiative if the Board has reasonable cause to believe the laws, rules and regulations governing social workers and/or marriage and family therapists are being violated, the Board’s Executive Director shall:

a. Log in the date the complaint is received in the Board office;

b. Assign a complaint number and set up an individual complaint file. Complaint numbering shall begin in January of each year;

c. Determine whether the subject of the complaint is a licensed social worker, a marriage and family therapist or applicant or person otherwise within the jurisdiction of the Board;

d. Forward the complaint to the professional board member who has been designated to review the complaint; and

e. Send a letter to the complainant confirming receipt of the complaint.

2. If the subject of the complaint is within the jurisdiction of the Board, the Executive Director shall send a copy of the complaint by mail to the licensee or applicant in question for his or her written comment. The subject of the complaint (the respondent) will be provided twenty (20) calendar days from the date of the Executive Director’s letter or notice in which to file a written response to the complaint together with all documents and exhibits in support of his or her position on the complaint.

3. Requests for the licensee or applicant’s response to a complaint shall be considered properly served by the Executive Director when sent to the licensee or applicant’s last known address of record at the Board’s office. It is the responsibility of the licensee or applicant to keep the Board informed of his or her current address.

4. At the discretion of the Complaint Committee (investigating Board member and Executive Director) in consultation with Board council, the complainant may be given an opportunity to review and comment upon the response of the licensee or applicant.

5. The Executive Director may grant a reasonable request for extension of time within which a licensee or applicant or affected party may

respond to a complaint and/or within which a complainant may comment upon response of the licensee or applicant.

D. Complaint Committee Process

The Executive Director and the investigating Board member will comprise the Complaint Committee and will review the complaints filed in accordance with this Rule.

1. The investigating Board member will review the complaint and meet with the Executive Director and such other personnel as needed.

2. If the allegations in the complaint raise an issue addressed by the Board’s laws, rules and/or regulations, the Complaint Committee will recommend a course of action regarding investigation of the complaint.

3. If the Complaint Committee determines that further assistance is needed, the Committee may retain the services of experts, consultants, or private investigators to assist in the investigations of complaints. At any point in its investigation of a complaint, the Complaint Committee may, at its discretion, assign the matter to an expert, consultant or private investigator for review and investigation.

4. The purpose of the investigation is to gather further data regarding the complaint and to verify facts surrounding the complaint. All complaints, unless dismissed for lack of jurisdiction, will be investigated. Investigations may include, but not be limited to: writing letters seeking further information; making phone calls; making onsite visits; and requesting pertinent documents.

5. The Complaint Committee shall oversee the investigation of the complaint.

6. The expert, consultant, or private investigator and/or Complaint Committee shall review and investigate the complaint and prepare a report concerning the complaint. The report shall contain a

statement of the allegations, a statement of the facts, and an analysis of the complaint including a description of the circumstances surrounding the complaint, the records reviewed, the witnesses interviewed, and a statement of the expert, private investigator, consultant or Complaint Committee.

7. If the Complaint Committee determines that the Board does not have jurisdiction, both the Complainant and the licensee, applicant or affected party will be notified in writing by certified letter. The letter will explain why the case cannot be accepted for investigation and/or action by the Board or it may state that the complaint can be referred to another agency. The letter will come from the Board and may be signed by the Board chair, the investigating Board member, the Executive Director or other Board designee.

8. To facilitate the disposition of a complaint, the Board or Complaint Committee may provide any person with the opportunity to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. Statements made at any informal conference may not be introduced at any subsequent hearing before the Board on the merits of the complaint without the consent of all parties to the hearing.

E. Review by the Full Board

1. A case summary including the alleged violations of the Board’s laws, rules and/or regulations will be presented to the Board by the Complaint Committee along with recommendation(s) for disposition of the complaint. Reasonable attempts will be made to not disclose the identity of the licensee or applicant and the complainant by the Complaint Committee until the matter comes before the Board for hearing or final resolution.

2. The investigating Board member shall not vote on the decision regarding the disposition of the complaint and shall not participate in any adjudicatory or administrative hearing before the Board

against the applicant or licensee arising out of the Complaint Committee’s investigation.

3. The Board’s review shall include the case summary presented by the Complaint Committee and determine if reasonable cause exists to issue a notice of contemplated action or notice of hearing and complaint. If the Board determines that there is not reasonable cause for the issuance of a notice of contemplated action or notice of hearing and complaint, a certified letter from the Board will be sent within thirty (30) calendar days of the Board’s decision to the complainant and the licensee or applicant. The letter will set forth the Board’s action and reason for its decision.

4. If the Board determines that there is reasonable cause to believe that the licensee or applicant has violated the Board’s laws, rules, and/or regulations, the Board may cause a notice of contemplated action or notice of hearing and complaint to be issued for the licensee or applicant.

5. Following the issuance of a notice of contemplated action or notice of hearing and complaint, the Board may authorize the Complaint Committee to confer with the applicant or licensee for the purpose of seeking settlement of the complaint. Such settlement will be subject to approval by the Board, must be with the consent of the applicant or licensee, and must (among other things) include a knowing and intentional waiver by the applicant or the licensee of his or her rights to an administrative hearing and of the Board’s ability to act as arbiter in an administrative hearing should settlement fail.

F. Administrative Hearings

1. Pursuant to Chapters 53 and 54 of Title 73 of the Mississippi Code of 1972, as amended, every licensee or applicant shall be afforded notice and an opportunity to be heard before the Board when the Board has cause to believe that he or she has violated any of the laws, rules, or regulations of the Board.

2. The Board’s Executive Director’s duties shall include:

a. Issuing a notice of hearing and complaint or notice of contemplated action in the case.

b. Executing notices, scheduling orders, subpoenas, and other routine procedural documents that facilitate the conduct of the administrative proceedings.

c. Maintaining the official record of all papers and pleadings filed with the Board in any matter.

d. Preparing, certifying and filing with the appellate court the record of the case on appeal or review.

3. All hearings shall be conducted by the Board or by a hearing officer designated by the Board.

4. If a hearing officer is designated to hear a case, the hearing officer shall have authority to decide pre-hearing matters, preside over the hearing, and direct post hearing matters in accordance with the requirements of the case in a manner that ensures due process and an efficient and orderly hearing and resolution of the case. If a hearing officer is not designated to hear the case or if the hearing officer is unavailable or unable to proceed, the Board chair or other designee of the Board shall have the authority to decide pre-hearing or preliminary matters.

5. The original of any papers, pleadings or other documents shall be filed with the Board office. Copies must be sent to the hearing officer and attorneys or parties of record.

6. The hearing officer or designee of the Board shall issue appropriate orders to control the course of the proceedings.

7. The hearing officer or the Board designee may order the filing of briefs or other documents and may set oral argument on any matter.

8. No more than two (2) continuances of the hearing will be granted without the approval of the Board for good cause shown.

9. No proposed settlement, consent agreement, voluntary surrender of a license, or other proposal for the resolution of a pending disciplinary case shall be effective unless approved by the Board and executed by the Board and the licensee or applicant. The hearing officer or Board shall have the authority to seek information from the administrative prosecutor and the licensee or applicant concerning circumstances of the case relevant to a consideration of a proposed settlement or clarification of the proposed terms and conditions. No Board member is presumed to be biased and shall not be excused from participating in the adjudication and deliberation of a case based solely on the reason that the member considered a proposed settlement, consent agreement, or other proposal for resolution of a pending disciplinary or licensure case.

10. A proposal to settle a matter shall not stay the proceedings or vacate the hearing date unless otherwise ordered by the hearing officer or the Board designee upon the filing of a timely motion for continuance.

11. At the conclusion of the hearing, a final decision and order shall be entered by the Board. A Board member hearing officer, the Board chair, or designated Board member shall have the authority to sign the written decision of the Board.

12. The Board Executive Director shall serve the decision of the Board on the licensee or applicant.

13. If a license is restricted, suspended or revoked by the Board, the licensee shall immediately surrender his or her license to the Board as directed by the Board or Board designee.

14. If the licensee’s scope of practice is restricted or limited or otherwise conditioned, the license may reflect such restriction, limitation or condition.

54-11(1), 73-54-31 and 73-54-33.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (f), (h) and (k), 73-53-19, 73-53-21, 73-53-27, 73-

30 Miss. Admin. Code Pt. 1901, R. 3.3 DISCIPLINARY SANCTIONS

A. General

The Board, upon recommendation of the Discipline Specific Committee, after a properly noticed and conducted due process hearing may, by majority vote, impose sanctions, singly or in combination, when it determines that violations have occurred and sanctions are in order. All decisions by the Board will be conveyed to the licensee, in writing, by the Board Chair.

B. Specific Sanctions

1. Revocation of the license.

2. Suspension of the license, for any period of time.

3. Censure of the licensee.

4. Written reprimand to the licensee.

5. Imposition of a monetary penalty of not more than Two Hundred Dollars ($200.00).

6. Placement of a licensee on probationary status and requirement that the licensee submit to any or all of the following:

a. Regular reports to the board regarding matters which are the basis of probation.

b. Continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are basis of probation.

c. Such other reasonable requirement or restrictions as are proper.

7. Refusal to renew a license.

8. Revocation of probation which has been granted previously and imposition of any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated.

9. Disposition of any formal complaint may be made by consent order or stipulation between the Board and the licensee.

C. Summary Suspension

The Board may summarily suspend a license without a hearing, simultaneously with the filing of a formal complaint and notice of hearing, if the Board determines that the health, safety, or welfare of the general public is in immediate danger.

Suspension of license without a hearing with simultaneous filing of a formal complaint and notice for a hearing provided under this section if the Board finds that the continued practice in the profession would constitute an immediate danger to the public. If the Board summarily suspends a license under the provisions of this subsection, a hearing must begin within twenty (20) calendar days after such suspension begins, unless continued at the request of the licensee or extraordinary conditions.

The Board may order a licensee to submit to a reasonable physical or mental examination, if the licensee’s physical or mental capacity to practice safely is an issue in a disciplinary proceeding. All licensees consent to this procedure as a condition of licensure.

Failure to comply with a Board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described above.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (e) and (k), 73-53-23, 73-54-11(1) and 73-54-29 (Supp. 2011).

30 Miss. Admin. Code Pt. 1901, R. 3.4 Military Licensure:

A. Pursuant to MS Code Ann. Section 73-50-1, the Board of Examiners for Social Workers and Marriage & Family Therapists is authorized to issue an expedited license to a military-trained applicant or spouse applicant to allow the applicant to lawfully practice social work or marriage & family therapy in Mississippi. In order to receive the expedited license, the following requirements must be satisfied:

1. Complete an application for the appropriate license and submit it to the Board in the manner prescribed by the Board with a recent passport type photograph.

2. Documentation that:

a) the military-trained applicant has been awarded a military occupational specialty.

b) the military spouse holds a current license, certification or registration from another jurisdiction, and that jurisdiction’s requirements for licensure, certification or registration are substantially equivalent to or exceed Board requirements for licensure when an applicant in this state seeks licensure.

3. Evidence that the military applicant or applicant’s military spouse either (i) is currently on active duty with medical corps or (ii) has separated honorably from the military within the 6 months prior to the time of application.

4 Submit verification of a completed licensing examination as described in these rules.

5. Have two references submit letters regarding applicant’s performance in the practice of social work or marriage & family therapy.

6. Submit verification that at least two (2) of the past five (5) years preceding the date of submission of the application applicant has engaged in the active practice of social work or marriage & family therapy.

7. Submit certification that applicant has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice social work or marriage & family therapy in any jurisdiction at the time the act was committed.

8. Submit fingerprints for state and national criminal history background checks.

9. Submit licensure fees prescribed by the Board.

B. All relevant experience of a military service member in the discharge of official duties or, for a military spouse, all relevant experience, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in the practice of social work as required under subsection A or B of this section.

C. A nonresident licensed under this section shall be entitled to the same rights and subject to the same obligations as required of a resident licensed by the Board.

D. The Board may issue a temporary practice permit to a military-trained applicant or military spouse licensed in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection A of this section if that jurisdiction has licensure standards substantially equivalent to the standards for licensure of the Board. The military-trained applicant or military spouse may practice under the temporary practice permit until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the Board.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (e) and (k), 73-53-23, 73-54-11(1), 73-54-29, and 73-50-1

30 Miss. Admin. Code Pt. 1901, R. 3.5 Universal Recognition of Occupational Licenses Act

A. Pursuant to MS Code Ann. Section 73-50-2, the Board of Examiners for Social Workers and Marriage & Family Therapists is authorized to issue a license based on the “Universal Recognition of Occupational License Act” to allow the applicant to lawfully practice social work or marriage & family therapy in Mississippi. In order to receive this license, the following requirements must be satisfied:

1. Complete an application for the appropriate license and submit it to the Board in the manner prescribed by the Board with a signed affidavit and all applicable documentation/documents as specified in the application and affidavit.

2. The applicant must hold a current and valid license in good standing in another state in social work or marriage and family therapy with a similar scope of practice, as determined by the Board, and has held this license from the social work or marriage and family licensing Board in the other state for at least one (1) year; and

a. 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

b. 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 Board under Mississippi law; and

c. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's work in social work or marriage and family therapy in another state; and

d. 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 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 Board in Mississippi; and

e. The applicant pays all applicable fees in Mississippi.

B. Notwithstanding any other law, the Board shall issue a license to an applicant in the discipline applied for and at the same practice level, as determined by the Board, to a person who establishes residence in this state based on social work or marriage and family therapy experience in another state, if all the following apply:

1. The applicant worked in a state that does not use a license to lawfully regulate social work or marriage & family therapy practice and the occupation is of a similar scope of practice, as determined by the Board.

2. The applicant worked for at least three (3) years in the lawful occupation; and

3. The applicant satisfies the provisions of Rule 3.5, A. 1. & 2. of this section.

4. Board may require an applicant to pass a jurisprudential examination specific to relevant state laws in Mississippi that regulate social work and marriage & family therapy 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 social work & marriage & family therapy.

5. For purposes of this act, 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.

C. Any 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 Board’s jurisdiction.

D. 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.

E. Board shall issue or deny the license to the applicant within one hundred twenty (120) calendar days after receiving an application. If the application requires longer than two (2) weeks to process, the Board shall issue a temporary practice permit within thirty (30) calendar days after receiving the application, if the applicant submits an affidavit, under penalties of perjury, affirming that he or she satisfies the provisions of Rule 3.5, A. & B. and pays all applicable fees as required.

F. The applicant may practice under the temporary practice permit until a license is granted, or until a notice to deny the license is issued, in accordance with rules adopted by the Board. A temporary practice permit will expire in three hundred sixty-five (365) calendar days after its issuance unless the applicant fails to satisfy the requirement for licensure in Rule 3.5, A. & B., as applicable.

G. The applicant may appeal any of the following decisions of an occupational licensing board to a court of general jurisdiction: 1. Denial of a license; 2. Determination of the occupation; 3. Determination of the similarity of the scope of practice of the license issued; or 4. Other determinations under this section.

H. 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.

History

• Source: Miss. Code Ann. §§73-53-2, 73-54-23, 1. (2)

Part 1902 Rules and Regulations for Social Workers

Chapter 1 General Provisions

30 Miss. Admin. Code Pt. 1902, R. 1.1 DEFINITIONS

A. "Social Work Practice" means the professional activity directed at enhancing, protecting or restoring people's capacity for social functioning, whether impaired by physical, environmental, or emotional factors. It is the professional application of social work values, principles, skills, and knowledge directed to one or more of the following ends: helping people obtain tangible services; counseling or psychotherapy with individuals, families, and groups; helping communities or groups to provide and/or improve social and health services; engaging in consulting, research, and teaching relating to those ends and principles; and administering organizations and agencies engaging in such practice and participating in relevant legislative processes.

Social work practice is based on a specific body of knowledge and includes, but is not limited to, a special knowledge of social resources, social systems, human capabilities, and the part that past experiences play in determining present behavior. Social work practice is focused on the client’s interaction with social systems and directed at helping people to achieve more adequate, satisfying, productive, and self-realizing social adjustments.

Social work practice includes, but is not restricted to, casework and the use of social work methodology of a non-medical nature with individuals, families, and groups and other measures to help people modify behavior or personal and family adjustment; providing information and referral services; explaining and interpreting the psycho-social aspects in the situation of individuals, families, or groups; helping communities to analyze social problems and human needs and the direct delivery of human services; and education and research related to the practice of social work. Engaging in activities which may overlap social work practice does not constitute social work practice.

B. Clinical Social Work Practice means the application of social work methods and values in diagnosis and treatment and prevention of psychosocial dysfunction disability or impairment including emotional, mental, and behavioral disorders. It is directed at enhancing, protecting, or restoring people’s capacity for social functioning, whether impaired by physical, environmental, or emotional factors. Clinical social work has a primary focus on the mental, emotional and behavioral well-being of individuals, couples, families and groups. It centers on a holistic approach to psychotherapy and the client’s relationship with his or her environment as essential to treatment planning.

C. “Macro social work practice” focuses on changing larger systems, such as communities and organizations. It encompasses a broad spectrum of practice, including planning, program development, community organizing, policy analysis, legislative advocacy, program evaluation, task-oriented group work, community education, and human services management.

D. “Examination" means that test or other measurement which is endorsed and prescribed by the Association of Social Work Boards (ASWB.)

E. “Association of Social Work Boards (ASWB)” is the national Association of Social Work Boards.

F. “Council on Social Work Education" (CSWE) is the national entity which accredits schools, departments, and programs of social work in higher education.

G. "Board of Examiners for Social Workers and Marriage and Family Therapists" (BOE SW/MFT) is the legislatively authorized regulatory board for practitioners in the respective disciplines of social work and marriage and family therapy.

H. “Psychotherapy” is a specialized, formal interaction between a social worker or other mental health professional and a client (either individual, couple, family or group) in which a therapeutic relationship is established to help resolve symptoms of mental disorder, psychosocial stress, relationship problems and difficulties in coping in the social environment.

History

• Source: Miss. Code Ann. §§73-53-3 and 73-53-11(1)(c) and (k) (Supp. 2011).

Chapter 2 Licenses and the Licensing Process

30 Miss. Admin. Code Pt. 1902, R. 2.1 Types of Social Work Licenses

A. "LSW" (Licensed Social Worker) is the license held by an individual licensed to practice social work in the state of Mississippi at the baccalaureate level. (Part 1902, Chapter 3, Rule 3.2, A: Guidelines of Practice LSW.)

B. "LMSW" (Licensed Master Social Worker) is the license held by an individual, with a masters or doctoral degree, who is licensed to practice social work in the state of Mississippi at the masters level. (See Part 1902, Chapter 3, Rule 3.2, A: Guidelines of Practice LMSW.)

C. "LCSW" (Licensed Certified Social Worker) is the license held by an individual who has fulfilled the requirements for LMSW and completed the requirements of the BOE SW/MFT for post-masters professional supervision. This individual is licensed at the certified level. From and after 7/1/2020, only a licensed certified social worker who has completed clinical supervision and taken the ASWB clinical exam may hold himself or herself out to the public as a “clinical social worker.” A licensed certified social worker who has completed supervision and taken the ASWB advanced exam shall not present himself or herself as a “clinical social worker.” All LCSWs licensed prior to 7/1/2020, may continue to practice and hold themselves out as LCSWs (Macro & Clinical). (See Part 1902, Rule 3.2, C: Guidelines of Practice, LCSW.)

History

• Source: Miss. Code Ann. §§73-53-3, 73-53-11(1)(c) and (k) and 73-53-13.

30 Miss. Admin. Code Pt. 1902, R. 2.2 REQUIREMENTS FOR LICENSURE

A. Prerequisite to performance of services

All individuals not exempt from licensure are prohibited from performing services for compensation, for which licensure is required by these Regulations. They are also prohibited from holding themselves out to the public by any title or description of services set out in these Regulations or

by any title or description of services likely to cause public confusion with any title or description of services set out in these Regulations.

B. General Requirements

An applicant for social work licensure shall meet the following general requirements:

1. Is at least twenty-one (21) years of age;

2. Is of good moral character, as defined in these Rules and Regulations;

3. Has on file a fingerprint criminal history information record check acceptable to the Board.

4. Has on file a Mississippi Sex Offender Registry check acceptable to the Board;

5. Holds United States citizenship or status as a legal resident alien;

6. Is free of conviction of a felony related to the practice of social work within the last ten (10) years;

7. Is mentally competent with no decree of mental incompetence still standing in any court;

8. Is currently free from dependency on alcohol or drugs, other substances or any other type of addiction;

9. Has no pending disciplinary action;

10. Has an acceptable social work degree for level of licensure requested.

C. Specific Requirements

Application shall be made on forms provided by the Board and available on the Board’s website. Payment of application fees must be included with an

initial licensure application and other supporting documentation as required. (See Schedule of Fees: Part 1902, Chapter 4, Rule 4.3, B)

1. LSW Level: An applicant for LSW designation must submit the following to the Board:

a. An Initial application;

b. Verification of a baccalaureate degree in social work from a college or university accredited by the Council on Social Work Education) (CSWE) or the Southern Association of Colleges and Schools (SACS);

c. A current fingerprint criminal history record information check conducted by the appropriate governmental authority or authorities within one-hundred eighty (180) calendar days of the completed application. This criminal history record information check must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant;

d. An acceptable Sex Offender Registry check conducted by the Board;

e. Passing scores on the examination from the ASWB basic exam;

f. Full licensure fee (See Part 1902, Chapter 4, Rule 4.3, B).

2. LMSW Level: An applicant for LMSW designation must submit the following to the Board:

a. An Initial application;

b. Verification of a master's degree from a school of social work accredited by the Council on Social Work Education (CSWE) or a doctorate in social work (D.S.W. or Ph.D.);

c. A current fingerprint criminal history record information check conducted by the appropriate governmental authority or authorities within one-hundred eighty (180) calendar days of the completed application. This criminal history record information check must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant;

d. An acceptable Sex Offender Registry check conducted by the Board;

e. Passing scores on the examination from the ASWB intermediate exam;

f. Full licensure fee (Part 1902, Chapter 4, Rule 4.3, B).

3. LCSW Level: An applicant for LCSW designation must be a current LMSW in good standing who has completed the Supervision process as outlined in Part 1902, Chapter 2, Rule 2.3 as verified by Board records, and must submit to the Board:

a. An Initial application for LCSW license;

b. Supervision Plan and Contract for Supervision as outlined by the MS Board of Examiners for Social Workers in the LMSW Guide for Supervision;

c. Four evaluations (1 approximately every six months for 24 months) not to exceed thirty-six (36) months for the supervision process to be completed;

d. Termination of Supervision Contract;

e. A current fingerprint criminal history record information check conducted by the appropriate governmental authority or authorities within three-hundred sixty-five (365) days of the completed application. This criminal history record information check must be received by the Board directly

from the appropriate governmental authority or authorities, not from the applicant;

f. An acceptable Sex Offender Registry check conducted by the Board;

g. Three (3) acceptable letters of professional reference from licensed mental health professionals who have known the applicant for at least one year within the supervision period, sent directly to the board by the professional. The persons documenting the clinical experience and supervision may NOT be used for the letters of professional reference, but at least one (1) must be from a LCSW other than the applicant’s supervisor; and,

h. Passing scores on the ASWB LCSW Clinical examination;

Note: All licensees are required to inform the Board, through submission of a Change of Status Form, of a change of address, name, and etc.

4. Licensure by Reciprocity/Endorsement:

Applicants for licensure by reciprocity/endorsement who hold a valid license from another state may be eligible for licensure in Mississippi provided:

a. The examination completed for licensure is the same examination endorsed or prescribed by the Association of Social Work Boards (ASWB) for the license level for which reciprocity/endorsement is being requested.

b. The applicant has a comparable license in good standing or registration from another state or territory of the United States that imposes qualifications equal to or greater than the current requirements of the Mississippi Board of Examiners. Exams administered by individual states are not considered equal.

c. Applicants, who have complaints or disciplinary action pending against them in another state, will not be granted a Mississippi license until such complaints are resolved to the satisfaction of the Board.

d. The applicant has the required degree for licensure according to the current Rules and Regulations of the Board.

D. Abandonment of Application

An application for licensure as a LSW or a LMSW shall be considered abandoned if the ASWB exam has not been attempted within six (6) months from the date on which the application was received by the Board.

An application for licensure as a LCSW shall be considered abandoned if the ASWB exam has not been attempted within six (6) months from the date on which termination of supervision was approved by the Board and the applicant was approved to take the ASWB exam at the Clinical level.

Any subsequent application shall be treated as a new application with all applicable fees.

E. Exemptions from Licensure

No provision in the law or these Regulations shall be construed to:

1. Prevent individuals licensed or certified by this state, whose activities overlap with the practice of social work, from carrying out the functions covered by their respective licenses or certificates, or to prevent duly ordained or licensed members of the clergy from carrying out the functions for which they have been trained, provided that such clergy or individuals shall not hold themselves out to the public by any title set out in these Regulations.

2. Apply to or in any way interfere with any office, officer, agency, or employee of the United States, while such office, officer, agency, or employee is engaging in the performance of official duties within the course and scope of such employment or duties.

3. Apply to or in any way interfere with an individual who performs services described by these Regulations solely for the benefit of a member of that individual's immediate family without compensation.

4. Apply to or in any way interfere with the activities and services of a student while pursuing a course of professional education qualifying as education under these Regulations, if these activities or services constitute a part of such student's supervised course of study and such activities are supervised by an individual licensed under these Regulations.

History

• Source: Miss. Code Ann. §§73-53-1, 73-53-5, 73-53-7(1), 73-53-11(1)(c),(d), (k), (l), (u) and (3), 73-53-13 and 73-53-15(2) and (6).

30 Miss. Admin. Code Pt. 1902, R. 2.3 PROFESSIONAL SUPERVISION REQUIREMENTS FOR LCSW LICENSURE

A. Purpose

Professional supervision for the LCSW candidate is intended to enhance professional development and competency and equip the applicant for autonomous practice. Supervision means the direct review, for the purpose of training or teaching by a supervisor, of the supervisee’s interaction with a client or client system. The purpose of supervision shall be to promote the development of the supervisee’s social work skills. Supervision occurs through multiple methods, including live supervision, video/audiotape review and case report. It must be a process clearly distinguishable from personal psychotherapy and is conducted in order to serve professional goals.

Interactions which do not constitute supervision include: peer supervision; supervision by current or former family members or any other person with whom the nature of the personal relationship prevents or makes difficult the establishment of a professional supervisory relationship; or a primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, seminar, staff development, orientation or role-playing as a substitute for current social work practice.

B. Prior Approval

All plans for professional post-Master’s supervision must be approved by the Board prior to the beginning of said supervision, i.e., no retroactive approval of professional supervision will be granted.

Supervisor Approval: A LCSW who is providing post-Master’s supervision to an LCSW candidate must be a Board-approved LCSW Supervisor, having met all requirements for Supervisor’s and submitted the applicable fee.

LCSW Candidate Approval for Supervision: A LMSW seeking to become licensed at the LCSW level must meet all requirements, have submitted all fees and receive written approval by the Board prior to initiating the supervision experience.

Out-of-state Supervisor: An LCSW who is a board-approved Supervisor (or its equivalent) in another state, may qualify as a Mississippi supervisor if the Board finds that he or she meets qualifications substantially similar as those required by the Board. A separate application and verification by the respective boards shall be required. In addition, the applicant must be licensed in the state of Mississippi and pass the Mississippi LCSW supervisor test.

C. Approval Procedure

LMSWs wishing to apply for LCSW status must:

1. Hold an active LMSW license with no pending complaint or disciplinary action and is otherwise in good standing as evidenced in Board records throughout the duration of the supervisory process;

2. Submit an Application to Enter into the Contract for Supervision toward LCSW Status and processing costs (See Schedule: Part 1902, Chapter 2, Rule 2.3, A)

3. Submit a Plan of Supervision which meets all points required by the Board (See Part 1902, Chapter 2, Rule 2.3, B) and the Outline for the Plan for Supervision provided by the Board in the Guide for Supervision (which may be accessed on the Board’s website). All

points must be covered in sufficient detail for review by the Social Work Credentials Committee and subsequent Board approval. This supervision plan must designate that the candidate intends to take the ASWB clinical exam. All supervisory efforts must be aligned with the candidates chosen track of desired expertise.

4. Licensees who have completed supervision hours in other jurisdictions may apply to have those hours count towards their LCSW supervision in Mississippi if the Board finds that the other jurisdiction processes are similar to Mississippi and appropriate verification is received from the originating jurisdiction. The applicant is responsible for ensuring that the Board receives acceptable verification from the originating jurisdictions.

D. Supervisor’s Qualifications and Responsibilities

Supervision for the LCSW candidate must be provided by an LCSW who is a Board-approved LCSW Supervisor.

1. Certification as a Supervisor requires:

a. a minimum of two years of verifiable practice at the LCSW (clinical or macro) level,

b. completion of a Board approved supervision course for a minimum of sixteen (16) hours for initial approval as a supervisor and, thereafter, two (2) hours continuing education in supervision during each biennial renewal period. No supervision continuing education is required for the first renewal period. All supervision training must be approved by the Board in order to be considered for this purpose. Supervision trainers must be an approved LCSW supervisor. Effective April 1, 2009, all Board-approved supervisors must have completed the Board-approved supervision training required by this paragraph on or before July 1, 2011, in order to maintain their status as Board- approved supervisors. If supervisory training requirements were not met by July 1, 2011, approved supervisor status expired on that date and the licensee is required to meet all

requirements set forth in these Rules and Regulations to become an approved supervisor.

c. submission of an application for supervisory designation,

d. an LCSW license in good standing as evidenced in Board records throughout the duration of the supervision process,

e. initial and ongoing approval from the Board, and

f. payment of the required processing costs (See Schedule: Part 1902, Chapter 4, Rule 4.3, B).

2. The LCSW Supervisor must maintain his/her license as a LCSW in accordance with licensure laws of the State of Mississippi. Board approved supervisor status remains in effect contingent upon the supervisor maintaining a current license in good standing with the Board and completing the Board-approved supervisor training required by these Rules and Regulations, during each license biennial renewal period.

3. Initial supervisor approval expires on the date the licensee's regular license next expires. Thereafter, renewal of supervisor approval begins and expires on the same date for the supervisor’s regular social worker’s license. To renew the approved supervisor status, a supervisor must document at the time of license renewal that during the concluding license period the supervisor completed a Board approved supervision course for a minimum of sixteen (16) hours and two (2) hours continuing education in supervision.

4. It shall be considered unethical for an LCSW without clinical expertise to supervise a LMSW candidate seeking to become a clinician.

5. Supervisor may not supervise more than seven (7) LMSWs who are in candidacy for the LCSW at any one time. No plan of supervision will be approved if the contracted supervisor is supervising more than seven (7) licensed master social workers who are in pursuit of the LCSW licensure designation. If the supervisor provides supervision for up to seven (7) supervisees, only 50% of the

supervision can take place in a group format. Hence, 50% of supervisory interactions must take place in the form of individual, face-to-face interaction.

6. The LCSW Supervisor may provide supervision utilizing the following acceptable modes:

a. Individual supervision shall mean a maximum of two (2) supervisees meeting with one supervisor;

b. Group supervision shall consist of a minimum of three (3) and a maximum of seven (7) supervisees meeting with one supervisor.

E. The Supervisory Experience

1. Supervision must occur within an agency, institution, or group practice setting. A LMSW practicing independent of an agency, institution, or group practice setting will be practicing outside Board regulations, and therefore, will not be considered a candidate for LCSW supervision, and may face disciplinary action.

2. In order to be approved by the Social Work Discipline Specific Committee of the Board, the supervision application and experience must include the following:

a. A contractual agreement between social worker and supervisor;

b. A Plan of Supervision, approved by the Board, utilizing the plan outline provided by the Board;

c. The supervisee having a minimum of one hour per week face-to-face supervision with the LCSW supervisor for a minimum of one hundred (100) hours. The supervision period must be for a minimum period of twenty-four (24) months and may not exceed thirty-six (36) consecutive months.

Within sixty (60) calendar days prior to the end of the thirty- six (36) month supervision time period, the supervisor or supervisee must notify the Board in writing of any extenuating circumstances (i.e. Major Medical Issues, Loss of Employment, Family Crisis, etc), anticipated by the supervisor and/or supervisee that would require an extension of the supervisory period. Any request for an extension of the supervision period must be accompanied by supporting evidence of the extenuating circumstances. An extension will be limited to six months beyond the thirty-six (36) month maximum. Retroactive requests for extensions will be considered on a case-by-case basis.

Supervisees may receive up to four (4) hours credit for developing the supervision plan collaboratively with their prospective supervisor;

For supervisors and supervisees who are not employed within the same agency, there must be a written plan approved by the Board to address how the LCSW Supervisor will insure that the face-to-face supervision is observed or carried out. Such face-to-face supervision must include on- site visits to the supervisees practice location at least once per six (6) month supervision period;

Supervision may include alternate means of supervision by audiovisual electronic device (i.e. skype, facetime, webex, etc.) provided there is direct, interactive, live exchange between the supervisor and supervisee or provided that communication is verbally or visually interactive between the supervisor and the supervisee. It is incumbent that the supervisor and supervisee recognize the risks of sharing confidential information of clients and ensure that measures are in place that protect confidentiality through electronic encryption or related methods. No more than one-fourth (1/4) of the required hours may be by alternate means to direct face-to-face contact for a total of twenty-five (25) hours;

d. During the supervision period, the LMSW must complete a minimum of one-thousand (1,000) hours of face-to-face client contact;

e. Evaluations should document personal growth and improvement in specific areas from one evaluation period to the next evaluation period. See Instructions for Supervisors, Supervision Evaluation For Post-Master’s Professional Supervision. Written evaluations from the supervisor must be submitted to the Board for review at six (6) month intervals and approved by the Board before beginning the next six (6) month supervision and evaluation period. A copy of each evaluation must be maintained in the LCSW Supervisor’s file for a period of three (3) calendar years.

3. The applicant seeking LCSW designation must submit with the final evaluation forms, three (3) form letters of reference from appropriate professionals which indicate that the applicant’s conduct is congruent with social work law and ethics and that there are no violations of standards of practice as set forth in the statute and the regulations. Forms are available on the Board’s website.

F. How To Change Supervisors

1. If it is necessary for supervision to be terminated, prior to the completion of the supervision experience between an LCSW candidate and their LCSW supervisor, the terminating supervisor is responsible for completing a current evaluation form and a Termination of Supervision Form on which the LCSW supervisor shall verify the total number of supervised hours. The documents must be submitted to the Board for review within thirty (30) calendar days of the termination of supervision.

2. The Board shall review the supervision record along with the termination contract to determine the extent to which the supervision process is completed up to the date submitted to the Board.

3. If supervision is to be continued with another LCSW supervisor, the LMSW in candidacy for the LCSW must submit to the Board:

a. a new Application to Enter Into Contract for Supervision toward LCSW status, listing the prospective LCSW Board approved supervisor;

b. the supervisory contract signed by the new LCSW Board approved supervisor; and

c. any revisions necessary to the plan under the new supervision agreement.

G. Termination of Supervision Agreement

The Board, on its own motion or on the complaint of any party, and after notice and an opportunity to be heard, may terminate or suspend a supervision agreement/contract for cause.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c),(d), (k) and (l) and 73-53-13(c)(ii).

30 Miss. Admin. Code Pt. 1902, R. 2.4 EXAMINATIONS

A. Applications for Exams

The ASWB requires verification by the Board of Examiners for applicants to sit for the ASWB exam for each licensure level. Therefore, applicants must receive written approval from the Board to sit for the ASWB examination. The approval to sit for the ASWB examination expires one (1) year from the date of the Board’s approval.

1. Student Applications:

Baccalaureate social work majors, who have been certified as having already attained senior standing, in colleges or universities accredited by the Council on Social Work Education (CSWE) and/or the Southern Association of Colleges and Schools (SACS) in accordance to the standards of the particular college or university, may apply to take the licensure exam. Certification must be provided by the social work program director on forms provided by

the Board on the Board’s website. Verification of the social work degree is required before the license can be issued.

Graduate MSW students, who have been certified as being in the final year of the program, in colleges or universities accredited by the Council on Social Work Education (CSWE), and certified by the director of the social work program, may apply to take the licensure exam. Certification must be provided on forms provided by the Board. Verification of the social work degree is required before the license can be issued.

Students in social work doctoral programs in colleges or universities accredited by the Council of Social Work Education (CSWE) may take the exam in the final year of school, if not already licensed with the LMSW. Verification of the social work degree is required before the license can be issued.

2. Applications from Degreed Persons:

Persons holding a degree in social work from institutions as specified in MS Code annotated, l972, Sections 73-54-1 et. seq. may apply to take the basic exam at any time following graduation. The Verification of Degree form must be submitted with the application for license.

B. Application Process

The candidate may download a copy of the ASWB Candidate Handbook for the ASWB website at www.aswb.org (as this will not be sent by the Board). All necessary information about application for the examination is contained in the Handbook, along with a 1-800 number for information and registration.

C. Cost of Exams

Cost is determined by the ASWB and the testing service. The Candidate Handbook will contain all information about costs. Testing costs are paid directly to the ASWB at the time of registration.

D. Frequency of Examinations

The Board will accept the exam score from its designee, the Association of Social Work Boards and its subcontractors, which schedule the exam weekly.

Licensed Social Worker (Basic) and Licensed Master Social Worker (Masters): Applicants for LSW and LMSW licenses may take the exam every ninety (90) calendar days.

Licensed Certified Social Worker (Clinical): Effective 7/1/2020, LCSW applicants must take the Clinical Exam. Applicants for LCSW status may take the exam every ninety (90) calendar days. However, the applicant may continue to practice under the LMSW license provided all requirements for renewal have been met.

Note: Applicants who are unable to attain a passing score within one (1) year of the initial application date must reapply for licensure with all applicable fees. After four (4) failed exam attempts, the candidate may appeal to the Board to be able to continue to take the exam and the Board may recommend remedial techniques to assist with continuing competency.

E. Examination Levels

1. LSW applicants are examined at the BACHELORS level. This examination has been developed for use as a licensure requirement by member boards that issue to BSWs, upon entry to practice, licenses for basic generalist practice of Baccalaureate Social Work.

2. LMSW applicants are examined at the MASTERS level. This examination has been developed for use as a licensure requirement by member boards that issue to MSWs, upon entry to practice, licenses for Master’s Social Work practice. The practice of Master’s Social Work includes the application of specialized knowledge and advanced practice skills.

3. LCSW applicants are examined at the CLINICAL level. As of 7/1/2020 only the CLINICAL exam will be accepted for “licensed certified social worker” LCSW status in Mississippi. The practice of Clinical Social Work requires the application of specialized

clinical knowledge and advanced clinical skills including macro- level practice.

F. Scores

1. Official notice of examination scores will be provided to the Board by the ASWB. Applicants will be notified if they passed or failed at the exam site.

2. An applicant must pass the exam at each of the three levels of licensure - LSW, LMSW, LCSW.

3. The Board reserves the right to accept the decision of the testing service regarding the validity of any test score or scores.

Note: Licensees are encouraged to check the status of their application to ensure applications are being processed accordingly.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (g), (k) and (l) and 73-53-15(4).

30 Miss. Admin. Code Pt. 1902, R. 2.5 Issuance of Licenses

Professional licenses may be issued by the Board during any regular meeting at which there is a quorum present. Board staff may not issue licenses independently of Board action.

Change in Name: It is the responsibility of the licensee to notify the Board promptly, no later than thirty (30) calendar days following the change of name, of any change in their name and to request a new certificate of licensure showing the appropriate name. All requests for a name change must be made in writing, signed and notarized, and accompanied by a certified copy of the legal document which changed the name, and the appropriate fee or administrative cost. Licensees will be in violation of the standards of practice if they practice using a name different from the one appearing on their license certificate, and will be subject to disciplinary action by the Board.

History

• Source: Miss. Code Ann. §§73-53-1 and 73-53-11(1)(c), (g) and (k) (Rev. 2011).

30 Miss. Admin. Code Pt. 1902, R. 2.6 Status of License

A. Active or in Good Standing: The licensee has met all requirements for licensure, has renewed before the license expiration date and paid all fees and administrative costs on time, has maintained the necessary requirements for his/her license and there are no disciplinary actions against the licensee. Licensees on active status and in good standing may utilize the Board’s online renewal system.

B. Probationary: The probationary status is issued to a licensee who is non-compliant with social work regulations, whether it be failure to acquire and verify continuing education or an appropriate end to a disciplinary procedure.

When probation is the result of a continuing education deficiency, Probationary Status will continue until the next regular renewal cycle.

No probationary license will be renewed unless all continuing education deficiencies are collected AND current renewal requirements are met. For example, if a probationer lacks 15 continuing education hours, the probationer would require 55 continuing education hours to renew at the next renewal cycle. No licensee may go through a second renewal cycle without bringing all educational requirements up to date.

C. Emergency- The Board provides for licensure for volunteer social workers entering the State that are licensed to practice in other states. Social workers actively licensed in other states who assist others that have been affected by a hurricane or other natural disasters can practice in Mississippi for a maximum of ninety (90) calendar days, without applying for a regular license. Volunteers who take paid positions in the practice of social work in the State of Mississippi must be licensed by the Board. Any applicant seeking emergency certification must submit an application to the Board using forms located on the Board website.

Emergency Provisional Permit for Social Workers. During a lawfully declared local, state or national disaster or emergency, the Board may grant a social worker who holds a license to practice such profession in another state or territory of the United States an emergency temporary social worker permit to practice in Mississippi to the extent authorized by this rule as if the individual were licensed in this state. To qualify for an emergency provisional permit, an individual must meet the requirements described below:

1. The individual seeking an emergency provisional permit must:

a. hold a current license in good standing as a social worker in another state or territory of the United States;

b. possess a license that is equivalent to that of the Mississippi license and have no existing or history of disciplinary action against any license held in any jurisdiction;

c. be sponsored by a social worker with an active license in good standing in Mississippi; and

d. adhere to the scope of practice for a similarly licensed individual established by the licensing provisions, practice acts, or other laws, rules or regulations of the State of Mississippi.

2. The individual seeking an emergency provisional permit must:

a. Submit a complete, signed and notarized Application for Emergency Provisional Permit and proof of his or her identity, which must include a copy of a drivers’ license, passport, or other photo identification issued by a governmental entity;

b. Submit an application fee of $50.00, payable by cashier’s check or money order and made payable to MBOE;

c. Submit verification of licensure for each state or territory in which licensure has been issued;

d. Provide the Board with the location where he or she will practice; and

e. Provide any other information required by the Board.

3. An emergency provisional permit shall be valid for a period as determined by the Board or its designee not to exceed ninety (90)

calendar days. The Board or its designee may renew the provisional permit for an additional ninety (90) calendar days, if the lawfully declared disaster or emergency still exists. Provided however, that an emergency provisional permit shall expire at the time designated by the Board or whenever the lawfully declared disaster or emergency no longer exists, whichever comes first.

4. A holder of an emergency provisional permit (i) may only practice in the location on file at the Board’s office; and (ii) must notify the Board in writing prior to beginning employment in another location.

5. An emergency provisional permit may be immediately suspended or revoked upon discovery of any falsification, omission, or withholding of information.

6. An individual wishing to practice as a social worker beyond the expiration of an emergency provisional permit or any extension thereof must apply for and obtain a social worker or marriage and family therapist license in accordance with the laws, rules and regulations governing said license in the State of Mississippi.

D. Inactive: Upon written request and submission of the annual renewal application and renewal fee, the Board may grant inactive status to a licensee who:

1. Holds a license which is current and in good standing. All requirements for licensure must be met, including continuing education requirements.

2. Does not practice as a social worker for compensation in the State of Mississippi.

3. Does not hold himself or herself out as a social worker or by any title set out in these Regulations that is likely to cause public confusion.

Social Workers may request in writing on forms provided by the Board that their licenses be placed on inactive status. The Board will consider the request and will notify the licensee of its decision in

writing within 60 days of receiving the written request for inactive status.

Those granted inactive status shall be excused from paying renewal fees until they notify the Board in writing of their intention to resume active practice. If a licensee fails to return to active status within two (2) years of being placed on inactive status, the licensee may request an extension in writing on forms provided by the Board (this form is available on the Board’s website) for an additional two (2) years. If the licensee does not request an extension in writing on forms provided by the Board or no extension has been granted by the Board, the license will be considered as lapsed at the end of the renewal period

following the end of the inactive status period, and be subject to the requirements for lapsed licenses.

All licensees on inactive status must provide evidence of having obtained the acceptable continuing education hours that would have been required had they been licensed in an Active status before returning to active status. At the Board’s discretion, the continuing education requirements may be waived up to half the amount required per license period.

The regular active license and ID card must be surrendered to the Board within thirty (30) calendar days from the date of approval for inactive status. A return to active status will call for adherence to all rules and regulations for regular license as set forth in this document. Disciplinary action will be taken against a licensee on inactive status who performs social work services for compensation or presents him/herself as a licensed social worker. One may continue to use academic indicators of degrees such as B.S.W., M.S.W., Ph.D., etc. Disciplinary action may include revocation of a license for a period to be determined by the Board.

E. Retired: Licensees who are in good standing, may request retirement status designation from the Board. Retired, in this instance, means no longer receiving monetary compensation as a practitioner in the field of social work. Upon approval of such status, the licensee must surrender his/her regular license for a license bearing a status of "Retired". The retiree must complete and submit to the Board a signed affidavit of retirement as

supplied by the Board on the Board’s website or by contacting the Board office. Note: Individuals who hold a Retired license may not engage in social work practice for compensation.

In order to receive “Retired” status, an individual must meet all licensing requirements, including continuing education and pay the processing fee. If a licensee does not meet these requirements, then a “Retired” license will not be granted.

All re-licensure requirements are waived for a "Retired" license, but processing costs will be charged for issuing the retired license. The Retired license may stay in this status indefinitely with all applicable fees paid every six (6) years and provided that the retiree does not engage in social work practice. (See schedule in Part 1902, Chapter 4, Rule 4.3, B)

F. Retiree Reinstatement: Retirees who wish to reinstate within four (4) years of their retirement may follow the reinstatement process.

Licensees holding a “Retired” status who wish to return to the active practice of social work within four (4) years of obtaining “Retired” status must comply with the following:

1. Submit an application for reinstatement to the MS BOE SW/MFT.

2. A request must be made in writing to the Board in order to return to active status. The request must include the following:

a. An explanation of the circumstances of the new practice setting;

b. A description of the practitioner's proposed duties;

c. A description of the agency’s environment;

If the request for re-instatement is granted by the Board, the licensee will be expected to earn at a minimum forty (40) continuing education hours for the licensure period in question.

Note: Failure to complete all steps in the retiree reinstatement process will result in the surrender of the applicant's license.

G. Denied: An applicant will be denied a license or renewal license when the Board: (1) determines the applicant does not meet the requirements for licensure; (2) has substantial evidence the applicant has violated the standards of conduct, the Code of Ethics or is not of good moral character; (3) has pending disciplinary action against the licensee; (4) has not received a criminal history records information check and a report based on a check of the Mississippi Sex Offender Registry; (5) has not received a complete and correct application or renewal application within the timeframe allowed; (6) has received documentation the licensee has a current (active) addiction to alcohol or drugs, other substances, or any other type of addiction; or (7) has received a declaration of mental incompetence by the court or licensed qualified professional for the licensee.

H. Revoked: The Board may revoke or suspend a license on grounds set forth in these regulations. The person may not practice social work during the time the license is revoked.

I. Lapsed: Licensees who fail to renew their license biennially before the expiration date shall have the licenses lapsed. A licensee may not practice social work during the lapsed period. The licensee may be reinstated within a two (2) year period by following the reinstatement process. A license that has lapsed for more than two (2) years cannot be renewed or reinstated. The licensee must apply for a new license under the requirements set forth in the Rules and Regulations that are in effect at the time the new application is received by the Board.

J. Re-instatement: Licensees, who have had licenses placed in lapse or inactive status, may apply for reinstatement within two (2) years for a lapsed license or within four (4) years for inactive status by completing the following steps:

1. Making application for reinstatement on Board prescribed forms available on the Board’s website.

2. Paying all applicable costs.

3. Providing the Board with a fingerprint criminal history records information check and a check of the Mississippi Sex Offender Registry

4. Satisfactory documentation of completion of all continuing education requirements specified by the Board Rules and Regulations that would have been required to maintain a current license for the entire period the license has been lapsed or inactive;

K. Reinstatement after revocation If the revocation or lapse has lasted more than two (2) years or the inactive status lasted more than four (4) years, a completely new application is required, including retaking the exam and the application is subject to the Rules and Regulations in effect at the time of the new application.

Providing documentation that previous infractions have been addressed/corrected, i.e., treatment for mental illness, alcohol and/or drug addiction or abuse or other substance addiction or type of abuse.

History

• Source: Miss. Code Ann. §§73-50-1§73-53-11(1)(c), (d), (e), (k), (n) and (2), 73-53-15 and 73- 53-23(1)(f) and (4).

30 Miss. Admin. Code Pt. 1902, R. 3.1 PROFESSIONAL IDENTIFICATION

A. Titles and Abbreviations

Persons issued a license to practice social work in Mississippi may use the title as appropriate to each level of licensure:

• "Licensed Social Worker",

• "Licensed Master Social Worker",

• "Licensed Certified Social Worker" and "Clinical Social Worker".

Academic titles such as B.S.W.,"M.S.W., M.S.S.W., "D.S.W.," and Ph.D. denote academic degrees and not levels of licensure.

B. Production and Display of License

A person issued a license to practice social work by the Board of Examiners will be issued a licensure ID card which should be in his/her possession at all times. The certificate of licensure shall be displayed at all times in the licensee's place or places of practice. Duplicates are available from the Board. (See Schedule: Part 1902 of this title).

History

• Source: Miss. Code Ann. §§73-53-11(1)(c) and (k) and 73-53-13 (Supp. 2011).

30 Miss. Admin. Code Pt. 1902, R. 3.2 GUIDELINES OF PRACTICE (See also MS Code Annotated, l972, Sections 73- 54- 1 et seq.)

It is the legal and ethical responsibility of each licensed social worker to limit the scope of professional practice to the parameters of the licensee’s competencies. Client systems for all levels of licensure may be individuals, groups, families, organizations, and communities.

A. Licensed Social Worker (LSW)

The entry level of social work practice usually includes a wide range of direct services under the supervision of a Licensed Master Social Worker or other qualified professional. The LSW generally provides basic problem solving interventions. Professional tasks may include data gathering, assessment, planning and contracting, various generalist interventive methodologies, conducting educational and supportive groups and evaluation of own practice. LSWs should not provide clinical social work services, psychotherapy, or engage in autonomous practice.

B. Licensed Master Social Worker (LMSW)

The LMSW may provide services to individuals, couples, families, organizations and communities. Such services shall be guided by knowledge of social work theory, social resources, social systems, human behavior, ethics, and methods to restore or enhance social, psychosocial or bio-psychosocial functioning. Scope of practice includes, but is not limited

to, assessment, treatment implementation and evaluation, case management, information and referral, mediation, education, psychotherapy, advocacy, supervision of employees, consultation, research, community organization and development, administration of social policies, programs and activities.

A LMSW may provide clinical social work services within a recognized setting such as social, medical and governmental agencies and organizations only when under the supervision of a LCSW or other licensed or certified clinical professions such as a psychiatrist, or PhD, or PsyD level clinical psychologist. A LMSW may only work as an employee in an agency or organizational setting and cannot engage in autonomous practice.

Supervision of a LMSW for LCSW certification can only be provided by a LCSW as specified in Section IV. LMSWs must not provide unsupervised clinical services and cannot hold him/her self out as a Licensed Clinical Social Worker.

C. Licensed Certified Social Worker (LCSW)

The LCSW is qualified to perform all services included in the LMSW scope of practice in Section B above and those specified for the LCSW herein. The LCSW shall be qualified to function independently and shall demonstrate special knowledge and skill in his/her practice areas.

Clinical Social Work Practice means the application of social work methods and values in diagnosis and treatment and prevention of psychosocial dysfunction disability or impairment including emotional, mental, and behavioral disorders. It is directed at enhancing, protecting, or restoring people’s capacity for social functioning, whether impaired by physical, environmental, or emotional factors. Clinical social work has a primary focus on the mental, emotional, and behavioral well-being of individuals, couples, families, and groups. It centers on a holistic approach to psychotherapy and the client’s relationship with his or her environment as essential to treatment planning. Clinical social workers are qualified to use the current versions of the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), and other diagnostic classification systems in assessment, diagnosis, and other activities related to mental health issues.

The LCSW specializing in clinical practice may independently engage in the use of a variety of psychotherapeutic techniques. The clinician is legally and ethically bound to practice only in the parameters of his/her expertise, based on education, training, experience, and competency. The LCSW in macro practice shall demonstrate skill in supervision and management at the macro level. Macro Social Work Practice focuses on changing larger systems, such as communities and organizations. It encompasses a broad spectrum of practice, including planning, program development, community organizing, policy analysis, legislative advocacy, program evaluation, task-oriented group work, community education, and human services management. The Clinical social worker encompasses macro practice skills as long as the person is practicing within their scope of expertise, based on education, training, experience, and competency.

History

• Source: Miss. Code Ann. §§73-53-1, 73-53-11(1)(c), (k), (2) and (3) and 73-53-13

30 Miss. Admin. Code Pt. 1902, R. 3.3 Standards of Ethical Conduct (See also Section 73-53-17 ff, MS Code Annotated, l972.)

A. The social worker’s primary responsibility is to clients.

B. The social worker must respect the privacy of clients and hold in confidence all information obtained in the course of professional services except as required by law.

C. Social work fees must be fair, reasonable, considerate, and commensurate with the services performed.

D. The social worker must uphold and advance the values, ethics, knowledge, and mission of the profession.

E. The social worker must assist the profession in making social services available to the general public.

F. The social worker must strive to become and remain proficient in professional practice.

G. The social worker must distinguish clearly between statements and actions made as a private individual and those made as a representative of the social work profession.

H. The social worker must not practice beyond the parameters of his/her competencies.

I. The social worker must retain ultimate responsibility for the quality and extent of the services he/she performs.

J. The social worker must not exploit professional relationships for personal gain.

K. The social worker engaged in research must protect participants from unwarranted physical or mental discomfort, distress, harm, danger, or deprivation.

History

• Source: Miss. Code Ann. §73-53-11(1)(c) and (j) (Supp. 2011).

30 Miss. Admin. Code Pt. 1902, R. 3.4 Standards for Use of Technology in Practice

A. Definitions

Client — means the individual, couple, family, group, organization, or community that seeks or receives social work services from an individual social worker or organization. Client status is not dependent on billing or payment of fees for such services.

Electronic social work services — mean the use of computers (including the Internet, social media, online chat, text, and email) and other electronic means (such as smartphones, landline telephones, and video technology) to (a) provide social work information to the public, (b) deliver social work services to clients, (c) communicate with clients, (d) manage confidential information and case records, (e) store and access information about clients, and (f) arrange payment for professional services.

In-person — refers to interactions in which the social worker and the client

are in the same physical space and does not include interactions that may occur through the use of technology.

Remote — refers to the provision of a service that is received at a different site from where the social worker is physically located. Remote includes no consideration related to distance and may refer to a site that is near to or far from the social worker.

B. Electronic Practice Social Work Services: The practice of LSW, LMSW, or Clinical or Certified Social Work to an individual in this state or another state through telephonic, electronic social work services, or other means, regardless of the location of the practitioner, shall constitute the practice of social work and shall be subject to Rules and Regulations of the state where they are providing services and where the client is receiving services. Social workers providing electronic social work services shall take all necessary measures to ensure compliance with relevant practice standards and ethics.

C. Social workers who choose to provide electronic social work services shall:

1. Inform clients about risks associated with disclosure of confidential information on the Internet, social media sites, text-messaging sites, and videoconferencing sites, and the potential consequences.

2. Use proper safeguards, including encryption, when sharing confidential information using digital or other electronic technology. Social workers shall protect clients’ stored confidential information through the use of proper safeguards, including secure firewalls, encryption software, and password. Adhere to statutes and regulations regarding the secure use of digital and other electronic technology both within Mississippi and within the location where the client is located.

3. Inform clients that clients are advised not to disclose or post digital or other electronic communications from social workers or other recipients of services without proper consent.

4. Take steps to ensure that confidential digital communications are protected. Social workers shall use proper safeguards, including

encryption, when using digital communications such as email communications, online posts, online chat sessions, mobile communication, and text communications. Social workers shall develop and disclose policies and procedures for notifying clients as soon as possible of any breach of confidential information.

5. Take reasonable steps to prevent client access to social workers’ personal social networking sites to avoid boundary confusion and inappropriate dual relationships. Social workers shall maintain separate professional and personal social media and websites in order to establish clear boundaries and to avoid inappropriate dual relationships.

Chapter 4 Continuing Education and Licensure Renewal; Reinstatement

30 Miss. Admin. Code Pt. 1902, R. 4.1 CONTINUING EDUCATION

A. Philosophy

Continuing education means instruction and learning which fosters the enhancement of general or specialized social work practice, values, knowledge, and skills.

B. Definitions

1. Continuing Education: The continuing education offerings for each discipline (social workers and marriage and family therapists) are approved independently. Licensees should NOT assume that an approved offering for one discipline is also approved for the other discipline. The Board website maintains separate lists of approved continuing education offerings for social workers and marriage and family therapists. The Board shall credit continuing education for social workers as follows. Parts of programs which meet the criteria set forth in these rules and regulations (relating to Types of Continuing Education and Criteria for Approval of Continuing Education Activities) shall be credited on a one-for-one basis with one clock-hour credit for each one clock-hour spent in the continuing education activity, unless otherwise designated by the Board or the Board’s designee. Time devoted to registration,

organizational business, breakfasts, luncheons, dinners, or other refreshments shall not be counted as instructional or continuing education credit time. When there is a luncheon speaker, only the time of the speaker’s presentation may be calculated for continuing education credit. Forty (40) clock hours are required each renewal period.

2. DESIGNATED PROVIDERS (DPs): are organizations or institutions determined by the MS Board of Examiners SW Continuing Education Committee (SWCEC) to meet the standards for continuing education. These organizations hold standing by application, review and approval for a two (2) year period of time, during which they must consistently comply with all requirements. Complaints and random audits by Board members or their designees may result in removal from the status at any time and may prohibit renewal. Organizations who are approved for this status shall have their DP number and dates of approval on all documentation, and will be listed with this information for public review and continuing education resources on the Board website (www. swmft.ms.gov) and any publications therein.

Only those organizations that have previously held three successful programs approved for social worker continuing education by the Board, SWCEC, or its designee may apply for DP status. Applications for DP status may be obtained from the Board’s office or through the Board’s website at www.swmft.ms.gov.

The following organizations are automatically approved for social worker continuing education and do not need to complete DP application process for program approval:

a. Any program approved by the national NASW office, or any NASW Chapter;

b. American Association for Marriage & Family Therapy or any of its state chapters;

c. Any state chapter of Council on Social Work Education approved schools of social work (In order for continuing education offerings to be approved by this type of

designated provider, the school of social work must be actively engaged in the planning and presentation of the offering);

d. Association of Social Work Boards or any state licensing board affiliated with;

e. International Association of Social Workers or any program approved by member countries; or

f. International Federation of Schools of Social Work and member schools.

SWCEC reserves the right to void approval of a specific program that has been previously granted approval by any of the above listed organizations or the current DP listing, should content and speaker be determined upon review to contain content that is not post-baccalaureate level or is in serious conflict with social work values and education.

Organizations that are approved for Designated Provider status must be actively engaged in the planning, development and presentation of the continuing education programs they provide. Co-Sponsorship will not be accepted.

C. Continuing Education Requirements for Renewal

Forty (40) hours of approved continuing education is required for each renewal period. The applicant will submit a listing of that period’s earned hours with an attestation statement that the list is true and correct. (See Part 1902, Chapter 4, Rule 4.2, B)

1. LSWs will not submit continuing education at the first renewal.

2. LMSWs holding no previous license will not submit at the first renewal. LMSWs upgrading from LSW will submit at the first renewal period.

3. LCSWs will submit at first renewal as they are upgrading from LMSW status.

4. Unused hours: Continuing Education (CE) hours that were completed within the 3 years prior to the current expiration date of a license that have not been submitted for previous license renewal may be carried over from one renewal to the next. Provided however, ethics and cultural diversity hours may not be carried over. All unused CE hours must be maintained by the licensee and not by the Board.

5. Four (4) hours of approved professional ethics are required for each licensee for each renewal period.

6. Two (2) hours of cultural diversity/multicultural issues/cultural competency awareness are required.

7. Beginning 7/1/2020, one (1) hour of training in Mandated Reporting for all client populations will be required each renewal period.

8. Probationary Status: Part 1902, Chapter 2, Rule 2.6, B.

9. A minimum of twenty (20) approved CE hours each renewal period must be in-person learning. Approved CE offerings that are live and transmitted over the internet using interactive audiovisual platforms (example - Zoom, WebEx, etc.), are accepted as “in person” CE hours.

10. No more than twenty (20) approved CE hours each renewal period may be remote learning including self-directed learning, distance learning, or online courses. CE approved online courses that are prerecorded webinars, workshops, or conferences of live offerings that are CE approved but no longer interactive will be accepted as remote online courses.

D. Acceptable Formats for Continuing Education

Continuing education offerings must consist of subjects relevant to social work practice and not related to the specific administrative procedures of any single agency or organization.

All offerings, except those from designated providers, must be pre- approved PRIOR to the offering. For information about pre-approval, see Part 1902, Chapter 4.

Acceptable ways of acquiring continuing education credits include the following:

1. Academic courses taken from a regionally accredited college or university or a school in candidacy for CSWE status, related to the licensee's social work practice, may be submitted for review and consideration for approval to the SWCEC. These course materials must be submitted prior to taking the course or immediately after enrollment. If approved, documentation of successful completion of the course must be submitted for final approval. One graduate academic semester hour successfully completed (a grade of “B” or better) shall be equivalent to five (5) continuing education hours.

2. Social Work academic courses taken from a CSWE accredited school of social work at a level beyond the licensee’s current academic status are acceptable for continuing education. These courses do not need to be submitted to the SWCEC for prior approval. One graduate academic semester hour successfully completed (a grade of “B” or better) shall be equivalent to five (5) continuing education hours.

3. Instructors teaching a class at a CSWE accredited school of social work may submit documentation to be calculated at ten (10) hours per hour of class credit. This approval will only be honored for classes taught the first time.

4. Continuing Education programs provided by organizations listed in Part 1902, Chapter 4, Rule 4.1, B (2) shall be considered an acceptable mode of acquiring continuing education hours.

5. Approved workshops, institutes, conferences, or other continuing education programs sponsored by official national, regional, state

social work or social welfare related organizations shall be considered an acceptable mode of acquiring continuing education hours. Note: Provider organizations are responsible for obtaining approval for credit PRIOR TO conducting the activity. (See Part 1902, Chapter 4, Rule 4.1, F)

6. Staff Development: Approved public or private agency staff development programs that contribute to the enhancement of social work practice, skills, or knowledge and are not primarily procedural or administrative, shall be considered an acceptable format for acquiring continuing education credits. (See information about prior approval, Part 1902, Chapter 4, Rule 4.1, F)

7. Individual Activities: Activities, including workshops and presentations, planned by an individual must be approved by SWCEC in advance. No more than twenty (20) approved continuing education hours of this type will be accepted in a given licensure renewal period.

a. Publication of a Professional Social Work Paper: The initial publication shall be acceptable for twenty (20) continuing education hours. Presentation of a professional social work paper for the first time at an approved professional conference shall be acceptable for five (5) continuing education hours or twice the approved continuing education hours for the session, provided the written paper is submitted with the request. The published paper must be submitted to the SWCEC within six (6) months of publication accompanied by copy of the publication medium (journal, book, professional magazine) and a completed CE application form.

b. Presenter: Participation as the sole presenter, leader, or teacher of an approved workshop or conference shall be acceptable for three times the approved continuing education hours for the session.

c. Panelist: Participation as a panel member for an approved workshop or conference shall be acceptable for two times the approved continuing education hours for the session.

d. Facilitator: Facilitating, moderating, or presiding over an approved workshop or conference shall be acceptable for the approved continuing education hours for the session.

e. Self-Directed Learning Projects and/or Distance Learning/Internet (Online) Learning Courses: Continuing education hours for distance learning/internet learning courses will only be granted for courses offered by Designated Providers, Board-exempt providers or by prior approval by the SWCEC on a per case basis. The SWCEC will grant continuing education hours only after completion of the course and proof of successful completion of post-test, course examination, and/or evaluation from the online course provider.

Self-directed learning projects are projects intended to increase knowledge and shall be documented by means of a paper, annotated bibliography, etc. Projects intended to increase skill development shall be documented by means of audio or audiovisual tapes. Self-directed learning projects may be granted provided the project is completed and approved PRIOR TO the current license expiration date. Projects not completed and approved by the license expiration date can be considered for the licensee's next renewal period. Self-directed learning project proposals should be submitted nine (9) months prior to the expiration date of licensure to allow sufficient time for review, project completion and approval. Reading a book, preparing a paper in a graduate course, case, or consultation shall not meet the requirements for this activity. No more than twenty (20) continuing education hours may be accrued per renewal period as a result of self-directed learning projects.

8. Instructors of Field Education who have student interns may receivefive (5) hours of Continuing Education per student with a

maximum of four students per renewal period for field instructors (maximum of twenty (20) CE hours per renewal period). Field instructors must receive CE verification certificates from CSWE School of Social Work, whether inside or outside the State of Mississippi.

Board Approved LCSW Supervisors may receive up to five (5) hours of Continuing Education for twelve (12) months of supervision per supervisee per renewal period for serving in that capacity (maximum of twenty (20) CE hours per renewal period). The SWDSC will send this verification to the supervisor upon request using the BALCSWS CE Form.

LMSWs in supervision for LCSW status may receive up to five (5) hours of continuing education for twelve (12) months of supervision each renewal period for participation in the supervision process. The SWDSC will send this verification to the supervisee upon request using the BALCSWS CE Form.

E. Approval Procedures for Continuing Education

Application for prior approval of workshops, staff development, individual activity, self-directed learning projects, or other categories requiring prior approval must be made, in writing, to the Board. The SWCEC must review all continuing education activities for approval, except for those of the designated providers, or those approved or sponsored as indicated in section B above.) All applications for review should be received by the Board Office sixty (60) calendar days prior to the date the event will be held.

Mississippi BOE for Social Workers & Marriage and Family Therapists Social Work Discipline Specific Committee (SWDSC) Continuing Education Sub-Committee P.O. Box 4508 Jackson, MS 39296-4508 601-987-6806 www.swmft.ms.gov

Licensees should contact SWCEC for specifics about applications submitted for approval.

Note: Retroactive Approvals will not be considered by SWCEC after any provider offering.

F. Reporting Procedures for Continuing Education

Provider Responsibility: It is the responsibility of each provider of continuing education to: 1) verify attendance of attendees at all conference sessions when credit is being requested, 2) provide the Board or the Board’s designee with a verified list of participants, and 3) provide the attendee with a written statement, verification, or certificate of attendance at the conclusion of an offering.

The attendee’s verification must include the following information: a. Name of attendee b. Name of offering c. Date of offering d. Provider’s name e. Location of offering f. Signature of organizer/sponsor or designee g. Amount of approved continuing education hours awarded

Licensee Responsibility: It is the sole responsibility of the licensee to: 1) obtain verification of attendance documenting continuing education offerings; 2) provide proof of participation in approved continuing education offerings to the Board; 3) provide attestation of having completed continuing education; and 4) maintain for four (4) years their own records and official verification of the continuing education files for the licensees. Failure to substantiate the number of approved credits submitted or to submit documentation for a sufficient number of approved continuing education credits will result in a license not being renewed.

G. Random Audit of Continuing Education Documents

1. The Board may annually audit or cause to be audited a minimum of ten percent (10%) of the continuing education reports accompanying the renewal applications. Licensees whose reports are audited will be required to provide a copy of the official documentation of their continuing education activities. If a licensee fails to provide the Board in a timely manner (not to exceed thirty (30) calendar days

from the date of the notice informing the licensee) with official documentation of the total hours listed on their renewal application, the license will be subject to suspension following written notification from the Board and will remain suspended pending further Board action.

2. If, during the audit, the Board finds unacceptable any of the documented continuing education hours and the licensee does not have sufficient acceptable hours remaining for that renewal period, the Board, at its discretion, may renew the license under the conditions that the continuing education hours will be obtained within six (6) months of the notice of deficiency. Continuing education hours acquired to meet the deficiency may not be applied to any other renewal period. If the licensee does not rectify the deficiency within that six (6) month period, the licensee will be subject to disciplinary action.

H. Re-evaluation of Continuing Education

A licensee, who feels that evidence of continuing education was appraised incorrectly by the Board, may make a written request for re-evaluation to the Board within thirty (30) calendar days of the Board’s finding. Verbal requests will not be honored.

I. Waiver of Continuing Education Requirements and Request for Extension of Time to Complete Continuing Education Requirements

1. The Board may waive continuing education requirements to a licensee who was not engaged in the practice of social work during a given continuing education renewal period on an individual basis for reasons of hardship, such as severe illness, disability, military service or other good cause. Any waiver will be granted solely in the discretion of the Board.

2. The Board may extend the time within which to fulfill continuing education requirements to a licensee during a given continuing education renewal period on an individual basis for reasons of hardship, such as severe illness, disability, military service or other good cause. Any waiver or extension of time will be granted solely

in the discretion of the Board.

3. A licensee must submit a written request for a waiver of, or extension of time within which to fulfill, continuing education requirements. The request must be made in writing, under penalty of perjury, and must set forth with specificity the reasons for requesting the waiver or extension and, in the case of the waiver request, the portion of the renewal period during which the licensee was not engaged in the practice of social work. The licensee shall submit to the Board all documentation in support of the request for waiver or extension and such additional information or documentation as the Board may request in support of the waiver or extension.

4. Waivers of the minimum continuing education requirements may be granted for up to one-half of the forty (40) hours of continuing education required for any two (2) year (biennial) renewal period. Extensions of time may be granted by the Board for a period not to exceed one (1) calendar year. The grant of an extension by the Board will result in the renewal of a license based on the condition that the licensee completes the continuing education requirement by the deadline established by the Board.

5. A waiver of continuing education requirements granted pursuant to this section shall be effective only for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continues into the next biennial period, a licensee who seeks another waiver must apply to the Board for a renewal of such waiver for the new biennial period.

6. If an extension of time is granted, the license will be placed on active status but the license shall be automatically changed to inactive status at the end of the extension period unless the licensee satisfies the continuing education requirement prior to that time. When the license is placed on inactive status, the licensee shall cease all activity requiring a license.

7. A licensee shall apply for a waiver or extension of continuing education requirements no later than thirty (30) calendar days prior

to the end of the biennial licensing period for which the waiver or extension is requested. All requests shall be sent to the office of the Board, by certified mail, return receipt requested.

8. An extension of time shall not be granted to any licensee who obtained an extension in the immediately preceding renewal or reporting period in which the licensee held an active license, except in the case of a licensee who is unable to complete the requirements due to military service commitment pursuant to a combat or national emergency assignment.

9. The Board may, as a condition of any extension or waiver granted, require the licensee to make up a portion of the continuing education requirement in the manner determined by the Board.

History

• Source: Miss. Code Ann. §73-53-11(1)(c), (k), (m), (n).

30 Miss. Admin. Code Pt. 1902, R. 4.2 RENEWAL OF SOCIAL WORK LICENSE

A. Biennial Renewal of Licenses

1. Odd numbered licenses are due for renewal in odd numbered years.

2. Even numbered licenses are due for renewal in even numbered years.

3. LSWs renew in September.

4. LMSWs and LCSWs renew in April.

B. Requirements for Renewal

1. All licenses must be renewed by submitting a renewal application to the Board prior to the expiration date on the license.

2. Notice of Renewal: The Board will send a reminder of renewal to all licensees at the latest address of record on file with the Board. Failure to receive a renewal notice from the Board will not relieve the license holder from the renewal requirement. It is the

responsibility of the licensee to maintain an accurate mailing address in his or her file by promptly notifying the Board in writing of a change of address.

3. Renewal application forms are available on the Board’s website or by contacting the Board.

4. Licensees in good standing are encouraged to renew using the online format available for social workers beginning the April 30, 2008 renewal period. Renewal windows will be available from March 1 to April 30 for the April renewal period and August 1 to September 30 for the September renewal period.

5. In order to complete license renewal, social workers are required to submit:

a. A renewal application (available on the Board’s on-line renewal application, on the Board’s website in a printer friendly version, or by contacting the Board office to request one);

b. A list of approved continuing education hours along with an attestation by the applicant that the information submitted is true and correct and original proof of same is available for inspection, if licensee is chosen for audit. (See Part 1902, Chapter 4, Rule 4.1, C below for more information concerning continuing education credits.); and

c. The required renewal fee (see Schedule: Part 1902, Chapter 4, Rule 4.3, B).

d. If the licensee does not have a fingerprint Criminal History Record Information Check on file with the Board, beginning 7/1/2020, the licensee must submit to a current fingerprint criminal history record information check conducted by the appropriate governmental authority or authorities at the time of license renewal within one hundred-eighty (180) calendar days prior to the expiration of their license. This criminal history record information check

must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant.

C. Determination of Submission Date

All applications must be received by the close of business on the due date for renewal. On-line renewals must be submitted by 11:59 p.m. to be processed. The date of submission is the date stamped received by the Board.

D. Reinstatement of Lapsed License

1. General Instructions:

License renewals that are received in the Board’s office after the license expiration date are considered “Lapsed”. A lapsed license may be reinstated by the Board, at its discretion, by the submission of a reinstatement application, payment of the renewal costs, and submission of the required continuing education hours, provided said application for reinstatement is made within twenty-four (24) months after its last expiration date. (All lapsed licenses, including grandfathered or provisional licenses, will be considered as new applications, and will have to meet current initial licensing laws and regulations, including the appropriate ASWB exam(s)).

2. Specific to Lapsed LCSWs:

LCSWs with a lapse of any duration will be required to submit three (3) current letters of reference when renewal is requested, along with meeting the qualifications and guidelines which exist at the time the application for reinstatement is made.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (d), (e), (g) and (k) and 73-53-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 1902, R. 4.3 FEES AND COSTS

A. Method of Payment

All fees and costs are to be paid by cashier’s check, money order and credit card (only for on-line renewals) to the Board, with the appropriate form or request attached, unless otherwise specified. All fees and costs are non- refundable.

B. Schedule of Costs and Fees

Initial License Fee: LSW............... .......................................... $75.00 Initial License Fee: LMSW & LCSW....................................... $110.00 Upgrade from LSW to LMSW ...................................................... $32.00 Upgrade from LMSW to LCSW, .........................................$32.00 Copying fee: ($1.00 per page plus cost of retrieving information) Renewal Fee: LSW .................................................................................... $75.00 LMSW ............................................................................... $110.00 LCSW ................................................................................ $110.00 Administrative/Processing Costs: Application fee......................................................... $27.00 Inactive status (plus renewal cost)............................................... $35.00 Retired status .............................................................................. $35.00 Reinstatement (plus renewal cost) .............................................. $38.00 Duplicate license card or seal...................................................... $ 5.00 Replacement license ................................................................... $25.00 Certification to become LCSW Supervisor ................................ $55.00 Post-graduate Supervision Plan Approval................................. $80.00 for LCSW candidates

Electronic copy of SW licensee address list ..............................$110.00 Application Packet (available on-line at no costs)................. $10.00 Licensure verification for another state..............................$25.00

Name Change fee........................................................$10.00

Copy of rules and regulations (available on-line at no cost)...... $22.00 (all initial applicants will be issued one copy free of charge upon request)

Late Renewal Fee....................................................... $55.00

LCSW Supervisor Test................................................ $25.00

Continuing Education Costs: Designated Provider initial application..............................$550.00

Designated Provider status renewal (every 2 years)...............$275.00

Individual application (Less than or equal to 8 CE hours).........$55.00

Individual application (Greater than 8 CE Hours).................$110.00

Review of online CE program..........................................$55.00

C. Examination Fee

Fees for examination are to be paid directly to the appropriate testing organization. (See Part 1902, Chapter 2, Rule 2.4, C and ASWB.)

Amended: Effective:

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (g) and (0) and 73-53-15.

Part 1903 Rules and Regulations for Marriage and Family Therapists

30 Miss. Admin. Code Pt. 1903, R. 1.1 GENERAL

A. The rules and regulations pertaining to marriage and family therapists include all items in Parts 1901 and 1903 of these rules and regulations.

B. The Board may revise the rules and regulations from time to time as the Board deems necessary.

C. Once new or revised rules and regulations are adopted by the Board, the Board and all applicants and licensees must operate under the new rules and regulations. However, persons with completed applications for licensure on file at the time new rules and regulations are adopted by the Board, will be licensed under the rules in effect on the date their completed application was received by the Board.

2011).

History

• Source: Miss. Code Ann. §§73-53-11(1) (c) and (k), 73-54-3 and 73-54-11(1) (2008 & Supp.

30 Miss. Admin. Code Pt. 1903, R. 1.2 DEFINITIONS

As used in these Rules and Regulations and in the Mississippi Marriage and Family Therapy Act of 1997, the following words and terms shall have the meaning ascribed herein below:

A. “Act” is the Mississippi Marriage and Family Therapy Licensure Act of 1997, Title 73, Chapter 54 of the Mississippi Code of 1972, as amended.

B. “Advertise” means, but is not limited to, issuing or causing to be distributed any card, sign or device to any person; causing, permitting or allowing any sign or marking on or in any building; broadcasting by radio or television; or advertising on the internet or by any other means designed to secure public attention.

C. “AAMFT” means the American Association for Marriage and Family Therapy.

D. “Client contact hours” means both direct client contact hours as defined below and administrative and supportive client associated hours as defined by the individual accredited Institute of Higher Learning.

E. Clinical Supervision” means the direct clinical review, for the purposes of training or teaching by a supervisor, of the supervisee’s interaction with a client.

F. “COAMFTE” means the Commission on Accreditation for Marriage and Family Therapy Education.

G. “Code of Ethics” means the current Code of Ethics of the American Association for Marriage and Family Therapy.

H. “Completed Application” means the official marriage and family therapy application prescribed by the Board with the signature of the applicant, fees and all supporting information and documents requested by the Board.

I. “Contact Hour” means one 60-minute clock hour of an approved educational activity offered by an approved provider with no less than 50 minutes of instructional content within the 60 minutes.

J. “Consultation” or “Conferring” means a professional collaborative relationship between a licensed marriage and family therapist and a qualified licensed individual or other professional of relative equal expertise or status in which the other licensed individual or professional makes an assessment based on information supplied by the licensed marriage and family therapist and jointly develops a written treatment plan with the licensed marriage and family therapist which indicates the responsibility of each professional for implementing elements of the plan, updating the plan, and assessing the client’s progress.

K. “Continuing Education” means programs and/or activities designed to and have the content intended to enhance the general or specialized marriage and family therapy practice, values, skills, ethics and/or knowledge. The primary objective of continuing education must be to maintain and improve the quality of professional services in marriage and family therapy provided to the public; maintain and improve the therapist's knowledge of current research, techniques, and practice; and provide other resources which will improve skill and competence in marriage and family therapy.

L. “Direct Client Contact” means face-to-face interaction, either in-person or through a secure video conferencing platform between the therapist and an individual, couple, or family.

M. “Direct Clinical Review” means board approved supervision that consists of case related interactive face to face, either in-person or through a secure video conferencing platform meeting between the supervisor and supervisee.

N. “Examination” means the test or exam endorsed or prescribed by the Association for Marital and Family Therapy Regulatory Boards.

O. Face-to-Face Supervision" means supervision conducted by a supervisor, either in- person or through a secure video conferencing platform,of the person being supervised for the purpose of carrying out the supervision functions described in Part 1903, Chapter 2, Rule 2.2 (C)(3)( i).

P. “Good Moral Character” shall have the meaning set forth in Part 1901, Chapter 2, Rule 2.1 of these Rules and Regulations.

Q. “Group Supervision” means a minimum of three (3) and no more than eight (8) marriage and family supervisees or associates in a clinical setting during the supervision hour. A supervision hour is fifty (50) minutes.

R. “Individual Supervision” shall mean a maximum of two (2) marriage and family supervisees or associates in a clinical setting during the supervision hour. A supervision hour is fifty (50) minutes.

S. “Institution of Higher Education” means any college or university which is accredited by a regional accrediting body recognized by the United States Department of Education or a substantially equivalent foreign institution.

T. “Licensed Marriage and Family Therapist (LMFT)” means a person to whom a license has been issued under the Mississippi Code of 1972 as amended, Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question.

U. “Licensed Marriage and Family Therapy Associate (LMFTA)” means a person to whom a marriage and family therapy associate license has been issued under the Mississippi Code of 1972 as amended, Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question.

V. “Live Supervision” consists of a case related interactive face-to-face, either in- person or through a secure video conferencing platform meeting between the supervisor and supervisee, during which time the supervisor is physically or virtually present in the clinical setting with the supervisee.

W. “Marriage and Family Therapy” means the rendering of professional therapy services to individuals, families or couples, singly or in groups, and involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of therapy services to those persons.

X. “Offering” means an organized learning experience or course planned and designed to enhance knowledge, skills, and attitudes related to marriage and family therapy.

Y. “Person” means any individual, firm, corporation, partnership, organization or body politic.

Z. “Practice of Marriage and Family Therapy” means the rendering of professional marriage and family therapy services, to individuals, couples or families, singly or in groups, whether those services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. This involves assessment, diagnosis, identification, evaluation and treatment of emotional problems and conditions, whether cognitive, affective, or behavioral, resolving intrapersonal and interpersonal conflicts, and attempting to change perception, attitudes, and behaviors, all within the context of human relationship systems. Marriage and Family therapy includes, without being limited to, individual, group, couple, sexual, family and divorce therapy. It involves an applied understanding of the dynamics of marriage and family systems, including individual psychodynamics, the use of assessment instruments that evaluate individuals, couples and family members with regard to marriage and family functioning, and the use of psychotherapy and counseling.

AA. “Use of title or description of” means to hold oneself out to the public as a Licensed Marriage and Family Therapist (LMFT) or Licensed Marriage and Family Therapy Associate (LMFTA) through means of stating it on signs, mailboxes, address plates, stationery, announcements, calling cards, the internet or other instruments of professional identification.

2011).

History

• Source: Miss. Code Ann. §§73-53-11(1) (c) and (j), 73-54-5, 73-54-11, and 73-54-19 (Supp.

30 Miss. Admin. Code Pt. 1903, R. 2.1 Types of Licenses

1. Licensed marriage and family therapist (LMFT) is the license granted to an individual who has met and maintained all the qualifications necessary for licensure to practice independently and the renewal of the license.

2. Licensed marriage and family therapy associate (LMFTA) is the license granted to an individual who has met and maintained all the qualifications necessary for licensure and for the renewal of the license. A licensed marriage and family therapy associate must practice in an agency setting under a “Board Approved” supervision contract.

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), 73-54-11 and 73-54-17(Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 2.2 REQUIREMENTS FOR LICENSURE AS A MARRIAGE AND FAMILY THERAPISTS

A. Prerequisite to Performance of Services as a Marriage and Family Therapists

All individuals not exempt from licensure are prohibited from performing services for which licensure is required by the State of Mississippi Marriage and Family Therapy Licensure Act of 1997, Title 73, Chapter 53 of the Mississippi Code of 1972 Annotated, as Amended, and these Rules and Regulations. They are also prohibited from holding themselves out to the public by any name, title or description described in the Marriage and Family Therapy Licensure Act and these Rules and Regulations. These regulations apply to all traditional and electronic approaches to marriage and family therapy.

B General Requirements

An individual seeking licensure as a Marriage and Family Therapist (LMFT) or a Marriage and Family Therapy Associate (LMFTA) shall submit to the Board, verified under oath, written evidence in form and content satisfactory to the Board, that the individual:

1. Is of good moral character as defined in these Rules and Regulations. Good moral character is a continuing requirement for licensure.

2. Has on file with the Board an acceptable criminal history records check, using finger print identification, by appropriate governmental authorities and an acceptable sex offender check, prescribed by the Board;

3. Has not engaged in any practice or conduct which violates the standards of conduct set forth in these regulations;

4. Meets all the qualifications required for licensure including, but not limited to, education and experience, passing examination scores, physical and mental abilities and has no addiction to or dependency upon alcohol, drugs, or other agent which may endanger the public or impair their ability or professional competence;

5. Has not acquired by deception or fraud, the education, experience, passing examination scores, professional references or any other qualifying factor used as a basis for licensure;

6. Does not have any previous or pending, complaints or disciplinary actions against them by any professional association or state of jurisdiction which have not been resolved to the satisfaction of the Board. It is the responsibility of the applicant to inform the Board if

such items exist or have existed, and the Board may delay action on the licensure application until the complaints or disciplinary actions have been resolved and verified in writing to the satisfaction of the Board. If an applicant fails to reveal to the Board knowledge of previous or pending complaints or disciplinary actions, and the Board grants a license, the license will be revoked and the licensee will be disciplined by the Board;

7. Is at least twenty-one (21) years of age;

8. Meet all other requirements outlined in these rules and regulations;

C. Specific Requirements for Licensure as a Licensed Marriage and Family Therapist (LMFT)

1. Education: The individual seeking licensure must hold a masters or doctoral degree in marriage and family therapy from a COAMFTE accredited marriage and family therapy program; or holds a masters or doctoral degree in marriage and family therapy from a college or university program with candidacy status by COAMFTE which subsequently received COAMFTE accreditation. The applicant must have completed a clinical practicum in marriage and family therapy of no less than twelve (12) consecutive months that provided him or her face to face, either in-person or through a secure video conferencing platform, clinical practice with individuals, couples and families and allowed the applicant to apply classroom learning to actual marriage and family therapy practice situations in the field setting providing for live supervision. The practicum student must have completed a minimum of five hundred (500) client contact hours of which no less than three hundred (300) must be direct client contact hours and one hundred (100) must be relational direct client contact hours with couples and/or families and must have received one hundred (100) hours of supervision. The practicum experience must be supervised by an AAMFT approved supervisor or Supervisor Candidate under the supervision of an AAMFT Approved Supervisor. Practicum groups must be limited to a maximum of eight (8) supervisees per supervisor per group. An official transcript from the educational institution must be sent directly to the Board by the institution.

2. Post Graduate Clinical Experience: The individual under an approved supervision plan seeking licensure must complete two (2) years of documented clinical experience following the first qualifying graduate degree in the practice of marriage and family therapy within an agency, institution, or group practice setting. Application for licensure as a marriage and family therapist must

occur within two (2) years of completion of post graduate clinical experience. An individual seeking status as a Licensed Marriage and Family Therapist who is not acquiring the documented clinical experience in an agency, institution, or a group practice setting will be practicing outside of the Board’s Rules and Regulations, and his or her Plan of Supervision will not be approved by the MFT Discipline Specific Committee or the Board. This post graduate clinical experience must include a minimum of 1,000 documented face-to-face, either in-person or through a secure video conferencing platform, direct client contact hours. Documentation of compliance with this paragraph must be sent from the agency or person providing the clinical supervision directly to the Board.

3. Supervision: As required by these Rules and Regulations: an individual seeking licensure must:

a. The individual seeking licensure must complete two hundred (200) hours of marriage and family therapy supervision. A minimum of fifty (50) hours of the two hundred (200) hours of supervision must be individual supervision. Individual supervision is no more than two (2) marriage and family therapy supervisees or associates in a clinical setting during the supervision hour, which is fifty minutes.

b. Up to one (1) year of a COAMFTE approved doctoral internship may be counted toward the required two (2) years of post-graduate supervised clinical experience when the doctoral internship involved the provision of clinical marriage and family therapy services in a mental health treatment setting under the supervision of an AAMFT Approved Supervisor or AAMFT Supervisor Candidate under supervision of an AAMFT Approved Supervisor. Teaching or other non-clinical internship experiences will not be acceptable for satisfying this requirement.

c. Up to one hundred (100) hours of acceptable clinical supervision accumulated during graduate training may be counted toward the required two hundred (200) hours of clinical supervision. All one hundred (100) of the post graduate supervision hours must be completed with a Board Approved Supervisor.

d. At least one hundred (100) hours of the two hundred (200) hours of clinical supervision must be completed with an AAMFT approved supervisor.

e. The individual seeking licensure must complete and submit a Plan of Supervision (including the Supervisor’s Statement), the Application to Enter Into Contract for Supervision Toward Licensure as a Marriage and Family Therapist, and a non-refundable processing fee to the Board for approval. All plans of professional post-masters supervision must be approved by the Board prior to the beginning of said supervision, i.e., no retroactive approval of professional supervision will be granted except as provided in this section. Supervisees will not receive more than four (4) hours credit for supervision completed prior to the Board’s approval of the supervision plan. Supervisees should utilize this four (4) hours of supervision to collaboratively develop their supervision plan with their supervisor. The Board reserves the right to request explanations or plans of correction related to the submitted Plan of Supervision at any point.

f. Some individuals may be required, due to their circumstances, to work with two (2) different supervisors concurrently. This may be permitted as long as a Plan of Supervision has been completed with each individual supervisor and each Plan has been submitted and approved by the Board.

g. Evaluations of the supervisee are to be completed on evaluation forms available from the Board and submitted by the supervisor to the Board in accordance with the following schedule:

1. First evaluation is to be submitted ten (10) to twelve (12) months following Board approval of the Plan of Supervision.

2. The final evaluation is to be submitted when supervision is complete (twenty-four [24] to thirty- six [36] months following Board approval of the Plan of Supervision), accompanied by the Termination of Supervision Form, and completed Documentation of Supervision forms (all necessary forms are available from Board and at the Board’s website).

h. The supervisory process requires an average of one (1) hour per week or two (2) hours of biweekly meetings of face-to- face supervision, either in-person or through a secure video conferencing platform, throughout a minimum period of

twenty-four (24) consecutive months. The period of supervision may not exceed thirty-six (36) months. Under unusual circumstances (e.g., hurricane disaster, documented illness, etc.) a supervisee may apply for an extension of the supervisory process, which may be granted at the discretion of the Board.

i. Supervision means the direct clinical review, for the purposes of training or teaching by a supervisor, of the supervisee’s interaction with a client. The supervision process may include time dedicated to personal and professional growth of the supervisee. Supervision provides guidance in administrative issues in the practice setting, continues and expands education in skills, professional competence and understanding of the marriage and family therapy profession, offers emotional support, and provides evaluation for purposes of the supervisee's growth, as well as administrative judgment relative to the supervisee's capacity for autonomous professional function. Supervision occurs through multiple methods, including live supervision, video/audiotape review, and case report. It must be a process clearly distinguishable from personal psychotherapy and is conducted in order to serve professional goals. Acceptable modes of supervision are as follows:

1. individual supervision

2. group supervision

j. The following is not acceptable marriage and family supervision: peer supervision; supervision by current or former family members or any other person with whom the nature of the personal relationship prevents, or makes difficult, the establishment of a professional supervisory relationship; administrative supervision; a primarily didactic process wherein techniques or procedures are taught in a group setting, classroom, workshop seminar, staff development, orientation to a field or program or role- playing of family relationships as a substitute for current clinical practice in an appropriate clinical situation.

k. The Board may accept up to one half (1/2) of the required one hundred (100) hours of post-graduate supervision obtained in another state toward licensure in MS so long as it is substantially equivalent to the standards set forth in the Board’s rules and regulations.

4. Working with a Board Approved Supervisor: All postgraduate supervision must be received from an individual(s), who, at the time the supervision took place, was approved by the Board as a qualified supervisor and held a license to practice as a Marriage and Family Therapist.

a. To become a Board approved Supervisor, an individual (other than an AAMFT Approved Supervisor) must have completed a minimum of four (4) consecutive years of verifiable practice at the LMFT level, submitted an application for supervisory approval to the Board, and received notice from the Board that the application was approved. AAMFT Supervisor Candidates must have four (4) consecutive years of verifiable practice at the LMFT level and must be under supervision by an AAMFT Approved Supervisor.

b. An AAMFT Approved Supervisor may be recognized as approved by the Board upon: a) providing proof of licensure as a marriage and family therapist for two (2) years; b) submitting an application for supervisory approval to the Board; and c) providing documentation of current status as an AAMFT Approved Supervisor.

c. To be approved as a supervisor by the Board, an individual must have also completed a course in marriage and family therapy supervision approved by the Board with a minimum of twenty-four (24) contact hours. Supervision trainers (those teaching approved supervision courses) must be LMFTs and AAMFT Approved Supervisors.

d. All supervisors who have been approved by the Board, including supervisors who are AAMFT Approved Supervisors, are required to complete two (2) hours of MFT supervision continuing education every (2) two years. No supervision continuing education hours are required for the first renewal period. All continuing education for supervision credit must be approved by the Board. The Board will not approve self-directed learning projects/activities and/or distance learning/internet (online) learning courses for the supervision CE requirement. Supervisor Refresher courses provided by AAMFT or any division of the AAMFT are automatically approved as meeting this requirement without Board action.

e. All supervisors who have been approved by the Board, including supervisors who are AAMFT Approved Supervisors, are required to complete a Supervisor Renewal Form biennially (to be included with their Licensure Renewal Application if licensed in Mississippi) indicating they have met all continuing education requirements.

f. Approved supervisors are required to maintain copies of supervisee’s evaluations and documentation pertaining to the supervisor/supervisee relationship for a period of two (2) calendar years following termination of the supervision contract with a supervisee.

g. Approved supervisors are required to work with the supervisee to complete a Plan of Supervision (including the Supervisor’s Statement) and submit this to the Board. The Plan of Supervision must be approved by the Board before supervision can commence. Supervisees will not receive more than four (4) hours credit for supervision completed prior to the Board’s approval of the supervision plan. Supervisees should utilize this four (4) hours of supervision to collaboratively develop their supervision plan with their supervisor. No plan of supervision will be approved if the approved supervisor is supervising more than eight (8) postgraduate licensure supervisees pursuing LMFT status in Mississippi at any given time. “While providing post- graduate supervision, board approved supervisors must maintain a current and active marriage and family therapy license that is in good standing with the Board.”

h. Evaluations of the supervisee are to be completed by the supervisor during consultative sessions with the supervisee and submitted by the supervisor to the Board.

i. It is the responsibility of the approved supervisor to obtain a supervisor approval renewal form from the Board, to obtain the required continuing education verification, and to see that his or her approval is renewed on time. These forms are available online at the Board’s website. Failure to receive a notice of renewal does not absolve the approved supervisor of his or her responsibility to renew this designation before the expiration date.

j. A list of Board approved supervisors is available online at the Board’s website. Any individual having difficulty securing the services of a supervisor approved by the Board

may contact the Board. When an individual wishes to be supervised by someone who is not an approved supervisor, the prospective supervisor will need to be eligible to become approved and will be required to complete the supervisory approval process prior to engaging in supervision.

5. How to Change Supervisors: Should it become necessary for a individual to change supervisors, the following steps must be followed to ensure continuity:

a. All relevant evaluation forms, including a Termination of Supervision Form, must be completed and submitted to the Board. The Termination of Supervision form must specify the number of hours of supervision completed, the period of supervision, and the reason for the dissolution of the supervisor/supervisee relationship. In cases where the supervisor is unable to complete this form (e.g., death) the supervisee must complete the termination of supervision form and provide such documentation as the Board deems necessary in support of the information contained on said form.

b. If supervision is to be continued with another approved supervisor, a new application (Application to Enter into Contract for Supervision toward Licensure as a Marriage and Family Therapist) and Plan of Supervision must be submitted to the Board for approval. Only after receipt of correspondence acknowledging that approval has been granted by the Board, may the new supervisory process commence. The Board reserves the right to request explanations or plans of correction related to the Plan of Supervision at any point. No processing fee is required for this change.

6. Application Process for Approval of Postgraduate Supervision: It is the responsibility of the applicant for licensure to see that all forms, supporting documents, transcripts, etc., are completed, signed and notarized as required and sent to the Board in a timely manner. The Board will not consider an application as having been submitted until all the required items have been received by the Board. Applicants must submit to the Board, or ensure that the Board receives, the following items:

a. The original signed, notarized and completed Application to Enter into Contract for Supervision toward Licensure as a Marriage and Family Therapist or a Marriage and Family

Therapy Associate form and processing fees. Application materials are available online at the Board’s website. The Board does not accept personal checks for payment of fees;

b. A Supervisor’s Statement form completed and signed by the approved supervisor;

c. A written, detailed Plan of Supervision; In this written, detailed plan of supervision, all points must be covered in sufficient detail for review and approval by the MFT Discipline Specific Committee; Specific topics to be addressed in the plan of supervision include, but are not limited to, the following:

1. The supervisee’s and supervisor’s orientation in this relationship, specifically addressing the purpose and goals of the supervisee and the frequency of supervision meetings for this particular supervision relationship;

2. The professional development of the supervisee, addressing issues related to the knowledge, skills, and values of the supervisee;

3. Issues related to supervisee’s practice as a marriage and family therapist, including, but not limited to, the application of theories and models; the responsibilities of the supervisee to himself or herself, his or her clients, and the community; and the supervisee’s commitment to continued learning and service; and,

4. This plan must be signed by both the supervisor and supervisee.

d. Official transcripts of graduate education mailed directly to the Board by the institution(s);

e. Recent picture of the applicant; and

f. The required processing fee.

7. For post graduate supervision begun with a supervisor prior to May 1, 2007, the individual providing clinical supervision must have been, at the time the supervision took place, a licensed marriage and family therapist, licensed psychologist, licensed certified social

worker, licensed professional counselor, clinical nurse specialist, or psychiatrist with five (5) years’ experience in his/her discipline and training in marriage and family therapy as determined by the Board Discipline Specific Committee. These individuals must have completed the application process for licensure by September 30, 2010. After September 30, 2010 these applicants must meet current standards prescribed below in Part 1903, Chapter 2, Rule 2.2, C below.

8. Supervision for licensure initiated after May 1, 2007 must be approved by the Board.

D. Examinations

The examination for licensing marriage and family therapist shall be the American Association of Marital and Family Therapy Regulatory Boards (AMFTRB) Examination in Marital and Family Therapy.

1. Application Process

a. An applicant for examination shall file an application, on forms supplied by the Board, at least seventy-five (75) calendar days prior to an examination date. An applicant is not eligible to take the examination until approved by the Board.

b. An applicant currently enrolled in a COAMFTE accredited graduate program may sit for the exam ninety (90) calendar days prior to graduation with the written approval of their program director.

c. An applicant may not be licensed as a Marriage and Family Therapy Associate or a Licensed Marriage and Family Therapist without passing the required examination.

d. The passing score on the examination shall be the passing score of the Board approved testing entity.

2. Frequency of Examinations

Applicants seeking to retake the examination are required to follow AMFTRB guidelines regarding examination administration.

3. Cost of Examination: The cost of the examination is dependent upon the fees charged by the testing service and is the responsibility of the applicant.

4. Release of Examination Scores to COAMFTE Accredited Programs: The Board will release examination scores for all accredited program graduates taking the examination to the accredited program director only if the candidate taking the examination has provided written permission for the Board to release said scores to the accredited program.

E. Application Requirements for Licensure as a Marriage and Family Therapy Associate (LMFTA)

The Board must have satisfactory evidence of the applicant successfully passing the AMFTRB Examination in Marital and Family Therapy before it will consider the application. In addition, applicants for licensure must submit to the Board, or ensure the Board receives, the following items:

1. The original signed, notarized and completed application form;

2. Official transcripts of graduate education mailed directly to the Board by the institution(s) if most current transcripts have not been previously submitted to the Board;

3. Documentation of a completed clinical practicum in marriage and family therapy of no less than twelve (12) consecutive months that provided him or her face to face clinical practice with individuals, couples and families and allowed the applicant to apply classroom learning to actual marriage and family therapy practice situations in the field setting providing for live supervision. The practicum student must have completed a minimum of five hundred (500) client contact hours of which no less than three hundred (300) must be direct client contact hours and one hundred (100) must be relational contact hours with couples and/or families and must have received one hundred (100) hours of supervision. The practicum experience must be supervised by an AAMFT Approved Supervisor or Supervisor Candidate under supervision by an AAMFT Approved Supervisor. Practicum groups must be limited to a maximum of eight (8) supervisees per supervisor per group.

4. Documentation of a passing score on the National Examination in Marital and Family Therapy prescribed by the Association for Marital and Family Therapy Regulatory Boards.

5. Documentation of an acceptable supervision plan that has been approved by the Board.

6. Three (3) acceptable letters of professional reference from licensed mental health professionals who have known the applicant for at least one (1) year, sent directly to the Board by the professional.

7. Recent picture of the applicant.

8. The applicant must have completed a statewide and nationwide, using fingerprint identification criminal history and background check and must have received a criminal background clearance within one-hundred eighty (180) calendar days of the completed application. This criminal history record information must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant.

9. The non-refundable application fee.

F. Application Requirements for Licensure as a Marriage and Family Therapist. The Board must have evidence of the applicant successfully passing the AMFTRB Examination in Marital and Family Therapy before it will consider the application. In addition, applicants for licensure must submit to the Board, or ensure the Board receives, the following items:

1. The original signed, notarized and completed application form;

2. Official transcripts of graduate education mailed directly to the Board by the institution(s) if up to date transcripts have not been previously submitted to the Board;

3. Documentation of a completed clinical practicum of no less than twelve (12) consecutive months that provided him or her face to face clinical practice with individuals, couples and families and allowed the applicant to apply classroom learning to actual marriage and family therapy practice situations in the field setting providing for live supervision. The practicum student must have completed a minimum of five hundred (500) client contact hours of which no less than three hundred (300) must be direct client contact hours and one

hundred (100) must be relational direct client contact hours with couples and/or families and must have received 100 hours of supervision. The practicum experience must be supervised by an AAMFT Approved Supervisor or Supervisor Candidate under supervision by an AAMFT Approved Supervisor. Practicum groups must be limited to a maximum of eight (8) supervisees per supervisor per group;

4. Documentation of a passing score on the National Examination in Marital and Family Therapy prescribed by the Association for Marital and Family Therapy Regulatory Boards;

5. Documentation of clinical experience acceptable to the Board, a final supervision evaluation acceptable to the Board (the first evaluation must have already been submitted to the Board by the supervisor), and all necessary Termination of Supervision Forms must be submitted directly to the Board by the appropriate agency and/or supervisor(s);

6. Three (3) acceptable letters of professional reference from licensed mental health professionals who have known the applicant for at least one (1) year, sent directly to the Board by the professional. The persons documenting the clinical experience and supervision may NOT be used for the letters of professional reference;

7. Recent picture of the applicant, if a picture has not been previously submitted to the Board;

8. An acceptable criminal history records check, finger print and an acceptable sex offender check, by appropriate governmental authorities as prescribed by the Board. The applicant must have completed a statewide and nationwide, using fingerprint identification, criminal history and background check and must have received criminal background clearance within one hundred eighty (180) calendar days immediately before the completed application is filed with the Board. This criminal history record information must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant;

9. The non-refundable application fee.

G. Licensure by Endorsement

1. Licensed Marriage and Family Therapy Associate

The Board does not license Marriage and Family Therapy Associates by endorsement. Applicants seeking state licensure as a Marriage and Family Therapy Associate must meet all current Board requirements.

2. Licensed Marriage and Family Therapist by Endorsement for Nonresidents

The Board may issue a license by examination of credentials to any applicant licensed at least one (1) year for independent practice as a marriage and family therapist in another state that has such requirements for the license that the board is of the opinion that the applicant is competent to engage in the practice of marriage and family therapy. These would include minimum education requirements, work experience, and clinical supervision requirements equivalent to those in Mississippi. The applicant must apply on forms prescribed by the board, have passed the National Examination in Marital and Family Therapy, and pay the licensure fee as prescribed. The applicant must not have a record of disciplinary actions or pending disciplinary actions. If the applicant has pending disciplinary actions, the board will take no action on the application until those have been resolved Requirements for endorsement for Nonresidents

a. The original signed, notarized and completed application;

b. Licensure verification form mailed directly to the Board from the state or jurisdiction in which the current license is held.

c. A recent picture of the applicant;

d. An acceptable statewide and nationwide criminal history and background check, using fingerprint identification, received within ninety (90) calendar days immediately before the

completed application is filed with the Board. This criminal history record information check must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant.

e. The non-refundable application fee.

3. Licensure through Endorsement for Residents (Based on Section 73-50-2 of the Mississippi Code of 1972 designated Universal Recognition of Occupational License Act), The Board shall issue a license to an applicant who has established residence and held an independent license to practice marriage and family therapy for one (1) year in another state in which there were minimum education, work experience, examination, and clinical supervision requirements and the applicant has not committed any act that would have been grounds for refusal, suspension or revocation of a license or any disqualifying criminal record. Additionally, the applicant did not voluntarily surrender a license because of negligence or intentional misconduct and has no complaint, allegation or investigation pending.

The Board shall issue or deny the license within one hundred and twenty (120) calendar days after receiving an application. Should the Board require more than two (2) weeks to process, The Board shall issue a temporary practice permit within thirty (30) calendar days after receiving the application. The applicant will practice under the temporary practice permit until license is granted or denied. The temporary practice permit will expire within three hundred and sixty (360) days. (See Rule 3.5 for further clarification).

a. Requirements for Licensure through Endorsement for Residents i. The original signed, notarized and completed application form; ii. The original signed, notarized and completed Universal Recognition of Occupational License affidavit;

iii. Licensure verification form mailed directly to the Board from the state in which the current license is held; iv. A recent picture of the applicant; v. Proof of residence; vi. An acceptable statewide and nationwide criminal history and background check, using fingerprint identification, received within ninety (90) calendar days immediately before the completed application is filed with the Board. This criminal history record information check must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant; and, vii. The non-refundable application fee.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (d), (e), (g), (k), (l), (n), (o) and (u), 73-53-15, 73- 54-7, 73-54-11, 73-54-13, 73-54-17, 73-54-19, 73-54-23, 73-54-27(4) and 73-54- 29(4)(Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 2.3 THE APPLICATION PROCESS

A. Making the Application for Licensure

1. The current rules and regulations regarding licensure, as well as all application forms, are available online at the Board website, http://www.swmft.ms.gov/swmft. The applicant may also request an official application packet for licensure as a marriage and family therapist, and a copy of the current rules and regulations regarding licensure from the Board for a fee as prescribed in Part 1903, Chapter 5, Rule 5.2.

2. Additional copies of the required forms may be made as needed.

3. It is the responsibility of the applicant to see that all forms, supporting documents, references, fees, transcripts, etc. are completed, signed and notarized as required and sent to the Board in a timely manner.

4. The Board will not consider an application as complete until all forms, documentation, references, fees, transcripts, etc. have been received by the Board.

5. Inaccurate information or misrepresentation of facts on any form submitted to the board may result in a denial of licensure or revocation of the license at a later date.

B. Board Consideration of Licensure Applications

1. The Board will consider all applications under the rules and regulations for licensure that are in effect on the date the application was received by the Board.

2. The Board will consider the applications when all related items are in the file. If the Board approves the application, the applicant will be notified in writing. If the application is not approved, the applicant will be notified in writing of the reason(s).

3. If the application is approved, the board will notify the applicant of the amount of the initial license fee that is due, depending on the time during the year when the application was approved. The license fee must be paid in full before the license is issued.

4. Once the license fee is paid in full, the Board will assign a license number and issue the applicant an official certificate.

C. Disposition of Incomplete or Deficient Applications

1. Removal of Deficiencies:

If a preliminary review of the application by the Board reveals that the application is incomplete or has a minor deficiency, the applicant will be notified in writing. The applicant will be given six (6) months from the date of the first notice to remedy the problem while the application is held on active status by the Board. Applicants may, at the discretion of the Board, be granted one (1) additional extension, not to exceed six (6) months, for unusual extenuating circumstances upon a written request, with full explanation of circumstances,

submitted to the Board before the expiration of the initial six (6) months extension.

2. Abandoned Applications:

Incomplete application on file for more than thirty-six (36) months from the date the Plan of Supervision was approved by the Board or applications that have not been completed or made sufficient during the extended time granted by the board, will be declared abandoned by the Board and will be given no further consideration.

a. Any incomplete or missing information, documentation or fees shall render the application incomplete. No license shall be issued unless all application requirements have been met. Incomplete applications will be considered abandoned after sixty (60) calendar days from the date of the approval by the Board, to pay the initial license fee. Any fees paid shall not be refunded.

b. Submission of New Application: Once an application has been declared abandoned by the Board, the applicant may submit a completely new application for licensure under the rules and regulations in effect at the time the new application is submitted.

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (d) and (e), 73-53-15(2), 73-54-11(1), 73-54-13 and 73-54-17 (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 2.4 Status of License

A. Active or in Good Standing: Is the status held by a licensee who has complied, and is in compliance, with all of the licensure and licensure renewal requirements of the Board and has no disciplinary actions against the license or licensee. Licensees on active status and in good standing may utilize the Board’s online renewal system.

B. Denied: The Board determines that the applicant or licensee has failed to meet any requirement or standard established by the Mississippi Marriage and Family Therapy Licensure Act of 1997, as amended, and/or these Rules

and Regulation or the applicant or licensee has failed to comply with the laws, rules and regulations pertaining to the practice of marriage and family therapy.

C. Revoked: Disciplinary action taken by the Board extinguishing or terminating a license or certificate and all rights, privileges and authority previously conferred and associated with the license or certificate. The person may not practice marriage and family therapy during the time the license is revoked unless he or she is exempt from the requirements of licensure by the Board as provided by Section 73-54-9 of the Mississippi Code of 1972 as amended. A person whose license has been revoked by the Board may apply for reinstatement as ordered by the Board. The Board may reinstate the license if satisfactory evidence is submitted to the Board proving that all conditions for reinstatement of the license, if any, have been met. D. Suspended: Action against a license rendering such license, and all rights, privileges and authority previously conferred and associated with the license, without force and effect for a period of time as determined by the Board. The person may not practice marriage and family therapy during the time the license is suspended unless he or she is exempt from the requirement of licensure by the Board as provide by Section 73-54-9 of the Mississippi Code of 1972 as amended. A person whose license has been suspended by the Board may seek reinstatement of the license as ordered by the Board. The Board may reinstate the license if satisfactory evidence is submitted to the Board proving that all conditions for reinstatement of the license, if any, have been met.

E. Lapsed: The status of a license of an individual who has failed to renew the license as of the deadline for renewing (that is, by September 30 of the expiration year of the license). A license that has lapsed is no longer valid and the individual’s privilege to practice marriage and family therapy terminates. A licensee may not practice marriage and family therapy during the time his or her license is lapsed. A renewal submitted to the Board less than thirty (30) calendar days after the expiration date of the license is considered a late renewal and will be assessed a late fee. A license lapsed for more than thirty (30) calendar days must be reinstated under the re- instatement process. The license may be reinstated within a two (2) year period by following the reinstatement process. A license that has lapsed for more than two (2) years cannot be renewed or reinstated. The licensee must

apply for a new license and meet the conditions for licensure under the laws and requirements set forth in the rules and regulations that are in effect at the time the new application is received by the Board.

F. Inactive: A license that has been placed in an inoperative or non-working status in accordance with Board rules and based upon the licensee’s certification to the Board that he or she will not practice or offer to practice marriage and family therapy in Mississippi. A Licensed Marriage and Family Therapist may request in writing on the forms provided by the Board that his or her license be placed on inactive status. The Board will consider the request and will notify the licensee of its decision within sixty (60) calendar days of receiving the written request for inactive status. Licensed Marriage and Family Therapy Associates are not eligible for inactive status.

During the period of inactive status, the individual is prohibited from practicing marriage and family therapy or representing or presenting himself or herself as having a license, practice privilege, certificate or registration that entitles one to practice as a marriage and family therapist in Mississippi.

A Licensed Marriage and Family Therapist granted inactive status shall be excused from paying renewal fees until he or she notifies the Board in writing of his or her intention to resume active practice. If a licensee fails to return to active status within two (2) years of being placed on inactive status, the licensee may request an extension in writing on forms provided by the Board for an additional two (2) years. If the licensee does not request an extension in writing on forms provided by the Board or no extension has been granted in writing by the Board, the license will be deemed lapsed on September 30 th following the end of the inactive status period. The licensee must then apply for a new license under the requirements set forth in the laws, rules and regulations that are in effect at the time the new application is received by the Board.

Each Marriage and Family Therapist licensee on inactive status must provide the Board with satisfactory evidence of having obtained acceptable/approved continuing education hours that would have been required had he or she been licensed in an Active status.

Disciplinary action will be taken against a licensee on inactive status who performs marriage and family therapy in the state of Mississippi or presents him/herself as a licensed marriage and family therapist.

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (e) and (k), 73-53-23(1), 73-54-11(1), 73-54-13, 73-54-17, 73-54-27 and 73-54-29 (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 3.1 PROFESSIONAL IDENTIFICATION AS A MARRIAGE AND FAMILY THERAPIST

A. Titles and Abbreviations

Persons licensed to practice marriage and family therapy in Mississippi may use the title “Licensed Marriage and Family Therapist” and they may use the letters LMFT as a professional identification following their name as it appears on the license. Persons licensed to practice as Marriage and Family Therapy Associates in Mississippi may use the title “Licensed Marriage and Family Therapy Associate” and they may use the letters LMFTA as professional identification following their name as it appears on the license.

B. Display of License

The certificate of licensure issued by the Board and the current verification of renewal shall be displayed at all times in the licensee’s place of practice. Official duplicates of the license may be obtained from the board if more than one copy is needed.

C. Change in Name

It is the responsibility of the licensee to notify the Board promptly, no later than thirty (30) calendar days following the change of name, of any change in their name and to request a new certificate of licensure showing the appropriate name. All requests for a name changed must be made in writing, signed and notarized, and accompanied by a certified copy of the legal document which changed the name, and the appropriate fee or administrative cost. Licensees will be in violation of the standards of practice if they practice using a name different from the one appearing on

their license certificate, and will be subject to disciplinary action by the Board.

D.Use of Technology Assisted Marriage and Family Therapy Services

1. Definitions

Clients – the individual, couple, family, group, or organization that receives marriage and family therapy services from an individual or co-therapy team of marriage and family therapists.

Technology-Assisted Services – therapy or supervision services provided through electronic means utilizing a secure video platform.

In-person – refers to interactions in which the marriage and family therapist and the client are face-to-face either in-person or via secure video conferencing platform.

Remote – refers to the provision of a service that is received at a different site from where the marriage and family therapist is physically located.

2. The practice of LMFTA or LMFT with an individual in the state of Mississippi or any other state through technology-assisted services, regardless of the location of the therapist, shall constitute the practice of marriage and family therapy and be subject to Rules and Regulations of the state where they are providing services. Marriage and family therapists providing technology-assisted services shall take all necessary measures to ensure compliance with the relevant standards and ethics.

Marriage and family therapists who choose to provide technology- assisted services shall: a. Determine that technologically-assisted services or supervision are appropriate for clients or supervisees, considering professional, intellectual, emotional, and physical needs.

b. Inform clients or supervisees of the potential risks and benefits associated with technologically-assisted services, advise clients and supervisees in writing of these risks, and advise them of both the therapist’s and the clients/supervisees’ responsibilities for minimizing such risks

c. Choose technological platforms that adhere to standards of best practices related to confidentiality and quality of services, and that meet applicable laws. Inform clients/supervisees of the limitations and protections offered by the therapist’s or supervisor’s technology.

d. Ensure that all documentation containing identifying or otherwise sensitive information which is electronically stored and/or transferred is done using technology that adheres to standards of best practices related to confidentiality and quality of services, and that meet applicable laws. Inform clients/supervisees of the limitations and protections offered by the therapist’s or supervisor’s technology.

e. Follow all laws regarding location of practice and services, and do not use technologically-assisted means for practicing outside of their allowed jurisdictions.

f. Ensure that they are trained and competent in the use of all chosen technology-assisted professional services and choose suitably advanced and current technology in order to best service the professional needs of clients and supervisees.

g. Take reasonable steps to verify the identity of clients/supervisees, particularly at first meeting.

Part1903 Chapter 4 Continuing Education and Licensure Renewal; Reinstatement

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (g), (k) and (2), 73-54-3 and 73-54-11(1) (2008 & Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 4.1 CONTINUING EDUCATION

A. Purpose

The purpose of this section is to establish the continuing education requirements for licensed marriage and family therapists (LMFT). The LMFT license must be renewed biennially. Licensed marriage and family therapy associates (LMFTA) are not required to participate in continuing education. The continuing education offerings for each discipline (social workers and marriage and family therapists) are approved independently. Licensees should NOT assume that an approved offering for one discipline is also approved for the other discipline. The MBOE website maintains separate lists of approved continuing education offerings for social workers and marriage and family therapists. The primary objective of continuing education must be to maintain and improve the quality of professional services in marriage and family therapy provided to the public; maintain and improve the therapist's knowledge of current research, techniques, and practice; and provide other resources which will improve skill and competence in marriage and family therapy. A licensee will receive credit only for continuing education programs or activities approved by the MFT Continuing Education Committee. Approved programs will be listed on the Continuing Education Offering for MFTs page on the Board’s website. Continuing education hours must be relevant to the practice of marriage and family therapy as determined by the Board in accordance with the criteria cited at Part 1903, Chapter 4, Rule 4.1(H) of these Rules and Regulations.

B. Requirements

All licensed marriage and family therapists must complete twenty-four (24) hours of approved continuing education during every two (2) year license period. No continuing education hours are required for the first renewal period. The Board will accept up to twelve (12) hours of approved distance learning/internet (online) continuing education hours toward the twenty- four (24) hours. Four (4) out of the twenty-four (24) must be approved MFT professional ethics hours. The Board will approve self-directed learning projects and/or distance learning/internet (online) learning courses for the MFT ethics CE requirement for up to two (2) MFT ethics hours of the total twelve (12) allowable distance learning/internet provided hours. All Board

approved supervisors, including those with AAMFT Approved Supervisor standing, must complete two (2) approved hours of MFT supervision continuing education each renewal period. No supervision continuing education hours are required for the first renewal period after obtaining board approved supervisor status. The Board will approve self-directed learning projects and/or distance learning/internet (online) learning courses for up to two (2) of the supervision CE requirement of the total twelve (12) allowable approved distance learning/internet (online). It is the responsibility of each licensee and supervisor to determine in advance that the continuing education activity has been approved by the MFT Continuing Education Committee.

C. Board Continuing Education Committee

The MFT Continuing Education Committee shall consist of designated members of the MFT Discipline Specific Committee. The Board may also select non-Board members who they deem qualified, to serve on the MFT Continuing Education Committee. At least one (1) member of the committee must be a professional educator from a COAMFTE MFT program. The chair of the committee will be a member of the MFT Discipline Specific Committee.

D. Determination of Clock Hour Credits

MFT Continuing Education Committee approved offerings shall be credited with one (1) continuing education clock-hour credit for each one (1) clock- hour spent in the continuing education activity, unless otherwise designated by the Board. Time devoted to registration, organizational business, breakfasts, luncheons, dinners, or other refreshments shall not be counted as instructional or continuing education credit time.

E. Types of Acceptable Continuing Education

Credit will be given only for continuing education programs or activities approved by the MFT Continuing Education Committee. To be acceptable to the MFT Continuing Education Committee continuing education offerings for LMFTs must conform to at least one (1) of the seven (7) content areas specified below under Criteria for Approval of Continuing Education Activities. A qualified presenter is someone found by the Board

to be a professional in marriage and family therapy, another mental health discipline, or another profession with information, knowledge, and skills relevant to the practice of marriage and family therapy.

The following types of continuing education activities are acceptable provided that the standards set forth below under Criteria for Approval of Continuing Education Activities have been met:

1. Continuing education activities related to the practice of marriage and family therapy offered by the American Association of Marriage and Family Therapy (AAMFT) and any of its divisions, including the Mississippi Association of Marriage and Family Therapy (MAMFT); Mississippi Board of Examiners for Social Workers and Marriage and Family Therapists; and the Association of Marital and Family Therapy Regulatory Boards are automatically approved by the MFT Continuing Education Committee.

2. Successful completion (grade B or better), from a regionally accredited college/ university, of a graduate course specific to the practice of marriage and family therapy. One (1) academic semester hour will be equivalent to five (5) hours of continuing education hours;

3. Teaching in a graduate school of marriage and family therapy. Credit will be applied at the rate of three (3) hours for every credit hour taught; teaching may count for no more than twelve (12) hours of the biannual continuing education requirement;

4. Presenting workshops, seminars, or lectures that are approved for CE credit for LMFTs will be awarded CEU credit at the rate of two (2) hours of credit for each hour of presentation (if the same offering is presented multiple times during the two (2) year renewal period, the continuing education credit hours may only be counted the first time the offering was presented);

5. Self-Directed Learning Projects and/or Distance Learning/Internet (Online) Learning Courses: Continuing education hours for distance learning/internet learning courses will only be granted for courses approved in advance by the MFT CE Committee. The MFT CE

Committee will grant continuing education hours only after completion of the course and proof of successful completion of post- test, course examination, and/or evaluation from the course provider. No more than twelve (12) hours of the twenty-four (24) required hours may be earned in this manner during each two (2) year renewal period. No more than two (2) of those twelve (12) online hours can be applied to the four (4) required ethics continuing education.

6. Continuing education credit may be earned by Board approved supervisors for clinical supervision of individuals with active Supervision Plans on file with the Board. Supervision may count for no more than ten (10) hours of the biennial continuing education requirement, but not count toward the two (2) hours required for Board approved supervisors to maintain their approved supervisor status; and,

7. An author of a book or peer reviewed article which, as determined by the Board, enhances a marriage and family therapist's knowledge or skill may be granted continuing education credit not to exceed one-half (1/2) of the biannual continuing education requirement.

8. Supervised Self Directed Learning Groups

Licensed marriage and family therapists may earn up to eight (8) continuing education hours for each renewal period through participation in a Board approved supervised self-directed learning group. In order to receive Board approval the following requirements must be met:

a. The group must be led by a Board Approved supervisor.

b. A supervision plan documenting the names and license numbers of all participants, proposed learning objectives and an outline of the process for meeting each learning objective must be approved in advance by the MFT Continuing Education Committee. Only plans meeting the criteria for approval of continuing education activities listed in Part 1903, Chapter 4, Rule 4.1(H) of these rules and regulations

will be approved. Failure to submit a plan within the sixty (60) calendar day time period could result in disapproval of the activity for continuing education credit.

c. Each participant must complete a post evaluation report documenting the effectiveness of the group learning experience and turn it in to the Approved Supervisor leading the group. This report should include evidence that the learning objectives were met. The Approved Supervisor shall maintain these reports for a period of four (4) years following completion of the supervised self-directed learning group experience.

d. Participation in each supervised self-directed learning group shall be limited to no less than four (4) and no more than eight (8) participants and a State Approved Supervisor.

e. The supervised self-directed learning group supervisor must issue each participant a signed certificate of completion containing the participants name, license number, number of hours completed, dates of attendance, and MFT CE approval number.

f. MFT ethics CE hours and Approved Supervisor CE hours will not be awarded for participation in any self-directed learning projects.

g. The fee for supervised self-directed learning group approval shall be the same as the fee for becoming a Board Approved Continuing Education Provider.

F. Application Procedure to Become a Board Approved Continuing Education Sponsor

Appropriate providers may apply to the MFT Continuing Education Committee to become approved providers of continuing education activities. Providers may include, but are not limited to, colleges and

universities, individuals, mental health agencies, private mental health organizations, and professional organizations. Home study programs are encouraged to apply for approved provider status.

Applicants for approved provider status must complete the necessary application and submit it to the MFT Continuing Education Committee and pay any associated fees (see section IX.B) required by the Board. The MFT Continuing Education Committee will evaluate the application and notify the applicant in writing regarding the approval of that application.

If granted, Approved provider status will expire on December 31 of each year. However, if an initial application is approved after September 1, the status will expire December 31 of the following year. Approved providers must reapply each year in order to maintain their approved provider status.

Approved providers are not required to submit an additional application fee per offering during their “approved provider” year. However, they must submit the appropriate application for each individual continuing education offering to the MFT Continuing Education Committee for review and approval. Each approved offering will be issued an approval number that must appear on the certificate provided to the participant. All applications should be received at least sixty (60) calendar days in advance of the offering in order to receive full consideration by the Committee. Failure to submit a plan within the sixty (60) calendar day time period could result in disapproval of the organization or individual as an approved provider of continuing education.

G. Approval Procedure for any organization or individual that is not a Board approved sponsor or designated provider

Any organization or individual that is not a Board approved continuing education provider must submit an application for each continuing education offering sixty (60) calendar days prior to the date of the offering. The applications must be made, in writing, to the MFT Continuing Education Committee, which reviews and pre-approves continuing education. NO RETROACTIVE APPROVALS WILL BE MADE. Applications for or questions about said approval should be sent to the following address:

Mississippi Board of Examiners for Social Workers and Marriage and Family Therapists MFT Continuing Education Committee P.O. Box 4508 Jackson, MS 39296-4508 601-987-6806

The Board’s office or the Chair of the MFT Continuing Education Committee may be contacted for application forms or questions about the procedure.

H. Criteria for Approval of Continuing Education Activities

Continuing education hours must be relevant to the practice of marriage and family therapy as determined by the MFT Continuing Education Committee, with an emphasis on systemic approaches or the theory, research or practice of psychotherapy work with couples or families. Continuing education for marriage and family therapy generally evolves from the following area and must be related to at least one of the following seven (7) areas:

1. Theoretical Knowledge of Marriage and Family Therapy. Examples of acceptable offering content in this area include, but are not limited to, the historical development, theoretical and empirical foundations, and contemporary conceptual directions of the field of marriage and family therapy;

2. Clinical Knowledge of Marriage and Family Therapy. Courses in this area cover: a. couple and family therapy practice related conceptually to theory; b. contemporary issues, which include but are not limited to gender, violence, addictions, and abuse, in the treatment of individuals, couples, and families from a relational/systemic perspective; c. a wide variety of presenting clinical problems related to the practice of marriage and family theory and practice;

d. issues of gender and sexual functioning, sexual orientation, and sex therapy as they relate to couple, marriage and family therapy theory and practice; and/or e. diversity and discrimination as it relates to couple and family therapy theory and practice.

3. Assessment and Treatment in Marriage and Family Therapy. Acceptable offering content in this area incorporates a relational/systemic perspective on topics such as, but not limited to, psychopharmacology, physical health and illness, traditional psychodiagnostic categories, and the assessment and treatment of major mental health issues.

4. Individual, Couple, and Family Development. Acceptable offering content in this area focuses on individual, couple, and/or family development across the lifespan.

5. Professional Identity and Ethics in Marriage and Family Therapy. Generic education in ethics does not meet this standard. Acceptable content in this area includes:

a. professional identity of the marriage and family therapist, including professional socialization, scope of practice, professional organizations, licensure and certification; b. ethical issues related to the profession of marriage and family therapy and the practice of individual, couple and family therapy; c. the AAMFT Code of Ethics, confidentiality issues, the legal responsibilities and liabilities of clinical practice and research, family law, record keeping, reimbursement, and the business aspects of practice as these relate to the practice of marriage and family therapy; d. the interface between marriage and family therapist responsibility and the professional, social, and political context of treatment.

6. Research in Marriage and Family Therapy: Content in this area includes significant material on research in couple and family therapy; focus on content such as research methodology, data

analysis and the evaluation of research, and include quantitative and qualitative research.

7. Supervision in Marriage and Family Therapy: Content in this area includes studies in theory and techniques of supervision as well as ethical and legal issues, case management, and topics relative to the specific supervised training.

I. Documenting and Reporting

1. Record Keeping: The licensee shall maintain for four (4) years their own records and official verification of the continuing education they have completed. The Board will not maintain continuing education files for the licensees.

2. Reporting Continuing Education: The continuing education hours will be reported once every two years as part of the license renewal process. No continuing education hours are required for the first renewal period.

3. Provider Responsibility: It is the responsibility of each organization or provider of continuing education to 1) provide the Board with verified list of participants including license number and the number of earned CE hours, and 2) provide the attendee with a written statement, verification, or certificate of attendance or CEU certificate which verifies completion of the offering. The attendee’s verification must include the following information:

a. Name of attendee b. Name of offering c. Date of offering d. Provider’s name e. Program approval number assigned by MFT Continuing Education Committee f. Signature of organizer/sponsor or designee g. Number of continuing education hours awarded

4. Licensee Responsibility: It is the responsibility of the licensee to obtain a certificate, transcript or other official document from the

approved provider showing the appropriate information. The supporting documentation verifying the continuing education must be kept by the licensee and not sent to the Board unless the Board makes a request in writing for the documentation as a part of the audit process.

J. Random Audit of Continuing Education Documents

1. The Board will may annually audit or cause to be audited a minimum of twenty percent (20%) of the continuing education reports accompanying the renewal applications. Licensees whose reports are audited will be required to provide a copy of the official documentation of their continuing education activities. If a licensee fails to provide the Board in a timely manner (not to exceed thirty (30) calender days following the time they are notified of the audit) with official documentation of the total hours listed on their renewal application, the license will be suspended following written notification from the Board and will remain suspended pending further Board action.

2. If, during the audit, the Board disqualifies any of the documented continuing education hours and the licensee does not have sufficient acceptable hours remaining for that renewal period, the Board, at its discretion, may renew the license under the conditions that the continuing education hours will be obtained within six (6) months of the notice of deficiency. Continuing education hours acquired to meet the deficiency may not be applied to any other renewal period. If the licensee does not rectify the deficiency within that six (6) month period, the license will be subject to disciplinary action, including revocation, for failure to comply with the continuing education requirements.

K. Re-evaluation of Continuing Education

A licensee who believes that evidence of continuing education was appraised incorrectly by the Board, may make a written request for re- evaluation to the Board within thirty (30) calendar days of the Board’s finding. Verbal requests will not be honored.

L. Waiver of Continuing Education Requirements and Request for Extension of Time to Complete Continuing Education Requirements

1. The Board may waive continuing education requirements to a licensee who was not engaged in the practice of marriage and family therapy during a given continuing education renewal period on an individual basis for reasons of severe illness, disability, military service or other documented hardship or good cause. Any waiver will be granted solely at the discretion of the Board.

2. The Board may extend the time within which to fulfill continuing education requirements to a licensee during a given continuing education renewal period on an individual basis for reasons of hardship, such as severe illness, disability, military service or other good cause. Any waiver or extension of time will be granted solely in the discretion of the Board.

3. A licensee must submit a written request for a waiver of continuing education requirements (L1.), or extension of time to fulfill continuing education requirements (L2.) to complete continuing education requirements. The request must be made in writing, under penalty of perjury, and must set forth with specificity the reasons for requesting the waiver or extension and, in the case of the waiver request, the portion of the renewal period during which the licensee was not engaged in the practice of marriage and family therapy. The licensee shall submit to the Board all documentation in support of the request for waiver or extension and such additional information or documentation as the Board may request in support of the waiver or extension.

4. Waivers of the minimum continuing education requirements may be granted for up to one-half (1/2) of the twenty-four (24) hours of continuing education required for any two-year (biennial) renewal period. Extensions of time (6 month extensions) may be granted by the Board for a period not to exceed one (1) calendar year. The grant of an extension by the Board will result in the renewal of a license based on the condition that the licensee completes the continuing education requirement by the deadline established by the Board.

5. A waiver of continuing education requirements granted pursuant to this section shall be effective only for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continues into the next biennial period, a licensee who seeks another waiver must apply to the Board for a renewal of such waiver for the new biennial period.

6. If an extension of time is granted, the license will be placed on active status, but the license shall be automatically changed to inactive status at the end of the extension period unless the licensee satisfies the continuing education requirement prior to that time. When the license is placed on inactive status, the licensee shall cease all activity requiring a license.

7. A licensee shall apply for a waiver or extension of continuing education requirements no later than thirty (30) calendar days prior to the end of the biennial licensing period for which the waiver or extension is requested. All requests shall be sent to the office of the Board, by certified mail, return receipt requested.

8. An extension of time shall not be granted to any licensee who obtained an extension in the immediately preceding renewal or reporting period in which the licensee held an active license, except in the case of a licensee who is unable to complete the requirements due to military service commitment pursuant to a combat or national emergency assignment.

9. The Board may, as a condition of any extension or waiver granted, require the licensee to make up a portion of the continuing education requirement in the manner determined by the Board.

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (k), (m), (n) and (s), 73-54-11(1) and 73-54-27(4) (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 4.2 Renewal of License

A. Expiration Date: All licenses expire on September 30 of the second year of the initial license and all future two (2) year renewal terms. All licenses not renewed on or before September 30 of the appropriate year will lapse. The

Board will not assume responsibility for late renewal applications delayed or lost in the mail.

B. Renewal Term of Two Years: All renewals will be for a full two (2) year term beginning October 1 and ending September 30.

C. Notice of Renewal: The Board will send a reminder of renewal and a renewal application to all licensees at the latest address of record on file with the Board. Failure to receive a renewal notice from the Board will not relieve the license holder from the renewal requirement. It is the responsibility of the licensee to maintain an accurate address in their file by sending promptly to the Board a signed notice of any change of address.

D. Online renewal became available on August 1, 2008. Licensees are encouraged to renew using the online format. Renewal windows will be available from August 1 to September 30 each renewal cycle. Online renewal is available only to active licensees in good standing.

E. Completed Application for Renewal: The Board cannot act on an application for renewal until it is complete with all the supporting documents, continuing education summary and the renewal fee. If the licensee has never had to submit to a Criminal History Record Information Check, renewing licensees must submit to a current fingerprint criminal history record information check (or FBI name check) conducted by the appropriate governmental authority or authorities within one-hundred eighty (180) calendar days of the completed application. This criminal history record information check must be received by the Board directly from the appropriate governmental authority or authorities, not from the applicant.

F. Renewal Fee: the renewal fee covers the two (2) year term, and must be paid in full with the renewal application and supporting documentation and no later than the expiration date of the license.

G. Responsibility of Licensee for Renewal: It is the responsibility of the licensee to obtain renewal application materials from the Board, to obtain the required approved continuing education with verification, and to see that their license is renewed on time. These materials are available online at the Board’s website. Failure to receive a notice of renewal does not absolve the

licensee of their responsibility to renew the license before the expiration date. Practicing under an expired or a lapsed license is prohibited. It is, likewise, a misdemeanor punishable by law.

H. Inactive Renewals: Anyone returning from inactive status must meet the continuing education requirements for the immediate two (2) years prior to the application for renewal or reactivation of license.

History

• Source: Miss. Code Ann. §§73-53-11(1) (c) and (e), 73-53-15, 73-54-11(1) and 73-54-27 .

30 Miss. Admin. Code Pt. 1903, R. 4.3 Reinstatement of License

A. General Requirements for Reinstatement

1. All conditions related to the suspension, revocation, disciplinary action, or order or directive of the Board must have been completed or met to the Board’s satisfaction.

2. None of the prohibited acts exist as are described in Sections 73-53- 17 and 73-53-29 of the Mississippi Code of 1972, as amended, and/or Part 1901, Chapter 4, Rule 3 3.1.

3. The former licensee verifies, by submitting to the Board a notarized affidavit, that they have not engaged in the practice of marriage and family therapy in this state or any other state, or used a title denoting marriage and family therapist qualifications since the expiration, suspension or revocation of his or her license, unless he or she qualifies for exemption from licensure as a marriage and family therapist as provided by Section 73-54-9 of the Mississippi Code of 1972 as amended, or they hold a valid license issued by another state and his or her practice was confined to the state which issued the license.

4. The licensee must apply for a new license and must meet the requirements and conditions for licensure set forth in the governing law and the rules and regulations that are in effect at the time the new application or re-application is received by the Board.

5. The former licensee must submit to the Board a completed application for reinstatement on forms prescribed by the Board and all supporting documentation.

6. The former licensee must include a letter with the application for reinstatement explaining the reasons for applying for reinstatement.

7. The former licensee must provide satisfactory documentation of completion of all approved continuing education requirements specified by Board Rules and Regulations that would have been required to maintain a current license for the entire period the license has been lapsed or inactive;

8. The former licensee must pay the reinstatement costs and any other costs or fees required by the Board.

History

• Source: Miss. Code Ann. §§73-53-11(1)(c), (d), (e), (g), (k) and (n), 73-53-23(4), 73-54-11, and 73-54-27(3) (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 5.1 Philosophy

The Board receives no financial appropriation from the State to underwrite the costs of providing the licensure services. The Board is very sensitive to controlling costs, but fees and administrative costs are necessary for licensure to exist.

History

• Source: Miss. Code Ann. §§73-53-10(1), 73-53-11(1)(c) and 73-54-11(1) (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 5.2 The Fee Schedule

A. Application to Take AMFTRB Examination in Marital and Family Therapy fee..........................................................$ 25.00 B. Application fee for licensure as a Marriage and Family Therapist, non- refundable ................................................... $ 100.00 C. LMFTA Application fee......................................... $ 25.00

D. Initial LMFT license fee...........................................$ 200.00 (May be prorated for first year, see below) E. Initial LMFTA license fee .................................$ 75.00 (May be prorated for first year, see below) F. Renewal fee for LMFT (2 years) ................................... $ 200.00 G. Renewal fee for LMFTA license (2 years)......................$100.00 H. The Board may charge administrative/processing costs as follows: 1. Duplicate license ............................................... $ 25.00 2. Replace lost license .......................................... $ 25.00 3. Reinstatement (plus renewal cost) .................... $ 35.00 4. Electronic copy of LMFT licensee address list ..... $50.00 5. Copying fee ($1.00 per page plus cost of retrieving information) 6. Postgraduate Supervision Plan Approval Fee....... $100.00 7. Application for Continuing Education Provider Status...$125.00 8. Application for Individual Continuing Education Offering... $50.00 9. Application Packet ................................. $ 10.00 (initial applicants will be issued one copy free of charge upon request; it is also available online at no cost) 10. Copy of rules and regulations......................... $ 20.00 (initial applicants will be issued one copy free of charge upon request; it is also available online at no cost) 11. Name Change fee..........................................$10.00 12. License verification for another state...................$25.00 13. Late renewal fee...........................................$50.00

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (g) and (o), 73-53-15, 73-54-11(1) and 73-54-27 (Supp. 2011).

30 Miss. Admin. Code Pt. 1903, R. 5.3 General Rules Regarding Fees and Administrative Costs

A. Fees and administrative costs are payable by cashier’s check, money order, or credit cards accepted by the Board. Checks and money orders should be made payable to the Board of Examiners for SW/MFT. All fees and costs are non-refundable.

B. The Board will not issue or renew a license until all outstanding fees and administrative costs have been paid.

C. The application fee must accompany the completed application, and is non-refundable.

D. When the Board notifies an applicant that their license application has been approved, the initial license fee (prorated for the first year, if applicable) must be paid in full before the license can be issued.

E. The renewal fee must be paid on or before September 30 of the second year the license is in effect (the expiration date). The full renewal fee for two years must accompany the renewal application.

Rule 5.4 Proration of the First Year Portion of Initial License Fee

Since all licenses have an expiration date of September 30, the initial license period may be less than two (2) full years, depending on the date the application was approved by the Board. The first year’s portion of the initial two (2) year fee may be prorated and billed in the following manner:

A. License applications approved between October 1 and March 31 will require the full initial license fee for the first two years.

B. For license applications approved between April 1 and September 30, the first years portion of the initial two (2) years will be reduced by one half.

Responsibility of the Applicant or Licensee: It is the responsibility of the applicant or licensee to see that their license fees and renewal fees are paid in a timely manner. Failure to receive a notice of renewal or payment due from the board does not relieve the person of their responsibility to pay the fees before the deadline. The Board assumes no responsibility for fees that are lost in the mail, arrive late or otherwise do not reach the Board on time.

Adjustment of Fee Scale: The Board may increase the fees at the discretion of the Board, within the limits provided by State Statute.

Amended: January 1, 2022 Effective:

History

• Source: Miss. Code Ann. §§73-53-11(1) (c), (g) and (o), 73-53-15, 73-54-11(1) and 73-54-27 (Supp. 2011).
• Source: Miss. Code Ann. §§73-53-11(1) (c), (g) and (o), 73-53-15, 73-54-11(1) and 73-54-27 (Supp. 2011).

BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS

Part 901 Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors

Chapter 1 Definitions Rule 1.1 Definitions in Law Applicable Mississippi Law (Mississippi Code of 1972, Annotated Title 73, Chapter 13 - Professional Engineers and Surveyors, or otherwise identified as Miss. Code Ann. §73-13-1 through §73-13-105) provides for definitions of the following terms: 1. Board 2. Engineer or Professional Engineer 3. Engineer Intern 4. Graduate Engineer 5. Practice of Engineering 6. Professional Surveyor 7. Surveyor Intern 8. Surveying 9. Practice of Surveying 10. Firm

30 Miss. Admin. Code Pt. 901, R. 1.2 Definitions 1

Statute – The term “Statute” shall refer to Mississippi Code of 1972, Annotated Title 73, Chapter 13 - Professional Engineers and Surveyors which is the legislative action establishing and empowering the Mississippi Board of Licensure for Professional Engineers and Surveyors. 2. Enrollment – The term “Enrollment” is the official recognition by the Board of the applicant's successful completion of requirements to become an Engineer Intern or Surveyor Intern. 3. Licensure – The term “Licensure” is the official recognition by the Board of the applicant's successful completion of requirements to practice the professions of engineering or surveying. 4. Certificate of Licensure – The term “Certificate of Licensure” as used in the Statute is referring to licensure itself and therefore shall mean licensure. 5. Licensee - The term “Licensee” shall mean a Professional Engineer or a Professional Surveyor. 6. Dual Licensee – The term “Dual Licensee” shall mean a person who is licensed as both a Professional Engineer and a Professional Surveyor. 7. Person - The term “Person” shall mean an individual or Firm. 8. Serial Number – Serial Number as used in the Statute shall mean Enrollment Number or

License Number. 9. Signature - The term “Signature” shall mean a name, mark, or writing made by the licensee with the intention of verifying or authenticating a document. Where a signature is required in the rule, an Electronic or Digital Signature is acceptable. 10. Electronic or Digital Signature - The term “Electronic or Digital Signature” shall mean an electronic sound, symbol, process, or secure digital code that uniquely identifies and authenticates the sender, attached to, or logically associated with an electronically transmitted record and executed or adopted by a person with the intent to sign the record. 11. Seal - The term “Seal” shall mean a symbol, image, or list of information pertaining to the licensure of a person. 12. Disciplinary Action - The term “Disciplinary Action” shall mean any final written decision or settlement taken against an individual or Firm by a licensing board based upon a violation of the Board’s Statutes and rules. Disciplinary actions include reprimands; sanctions; administrative fines; the Board’s refusal to issue, restore, or renew a license; settlement agreements or consent orders; probation; suspension; revocation; surrendering, relinquishing, or agreeing not to renew the license as part of an agreement or Board order; or any combination thereof. 13. Gross Negligence - The term "gross negligence" as used in the Statute shall mean the practice of engineering or surveying by a licensee characterized by reckless disregard for the rights, health, safety, or welfare of others, which could result in personal injury, damage to property, or financial loss. 14. Incompetency - The term "incompetency" as used in the Statute shall mean the practice of engineering or surveying by a licensee who is either incapable of exercising ordinary care and diligence or who lacks the ability and skill necessary to properly perform the duties undertaken. 15. Misconduct - The term "misconduct" as used in the Statute shall mean the practice of engineering or surveying by a licensee who performs any acts, causes omissions or makes any assertions or representations which are fraudulent, deceitful, or misleading, or which in any manner whatsoever discredits or tends to discredit the profession of engineering or surveying. 16. Supervision - The term “Supervision” will be construed by this Board to mean that the Professional Engineer or Professional Surveyor providing such supervision shall have made the decision on technical matters of policy and design and shall have exercised his or her professional judgment in all engineering and surveying matters that are embodied in the design and related documents. 17. Responsible Charge - The term "responsible charge” as used in Statute shall mean direct control and personal supervision of engineering or surveying work, as the case may be. 18. Professional Development Hour – The term professional development hour (PDH) shall mean fifty (50) minutes of instruction or presentation and will serve as the common denominator for other units of credit.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 1.3 Rule 1.3

Use of Words Engineer, Engineering, Surveyor, or Surveying Any person, Firm, partnership, organization, corporation or other entity using the words "Engineer" or "Engineering" or "Surveyor" or "Surveying" or any modification or derivative thereof in its name or form of business activity except as authorized in the Statute, or any person presenting or attempting to use the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or any member thereof in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked or nonexistent license, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he or she is licensed under the Statute, or any person who shall violate any of the provisions of the Statute, shall be guilty of noncompliance with the Statute.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 2 The Licensure Board Rule 2.1 Purpose The Mississippi Board of Licensure for Professional Engineers and Surveyors was created to ensure the safeguarding of life, health, and property and to promote public welfare.

30 Miss. Admin. Code Pt. 901, R. 2.2 Authorization to Achieve the Purpose Current Mississippi Statute provides a means for achieving the purpose through: 1

the establishment of minimum qualifications for entry into the professions of Engineering and Surveying, 2. authorizing power to adopt and amend all Rules and Regulations of procedure necessary for the proper performance of the Board's duties, and 3. granting further power and authority to protect the public from the attempts of incompetent or unscrupulous persons to practice the professions of Engineering and Surveying, through provisions which enable swift and effective disciplinary actions.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.3 Summary Description of Organization and Operation The Board is an agency of the State of Mississippi

All costs of operation of the Board, including administrative, secretarial, clerical, investigative, equipment purchases and office rental, are paid from fees collected by the Board and authorized by annual appropriation by the Legislature. The Board may employ those required, qualified and authorized, including full or part-time, necessary to perform the administration of the Statutes of the state and those rules regulating the practice of engineering and surveying.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.4 Rule 2.4

Board Members The Board is composed of nine (9) members - six (6) licensed Professional Engineers and three (3) licensed Professional Surveyors who are not licensed Professional Engineers. The Governor appoints Board Members. Appointments are for a term of four (4) years, and each Board Member is eligible for re-nomination and reappointment. The Board shall annually elect the following officers: President, Vice President, and Secretary. The term of office shall coincide with the Fiscal Year of the State of Mississippi, July 1 through June 30. 1. President of the Board - The President shall be the executive officer of the Board. When present he or she shall preside over all meetings. He or she shall appoint such committees as the Board may authorize from time to time. He or she shall cast one (1) vote on all roll calls. He or she shall sign all certificates, the Annual Report to the Governor, and all other official

documents. He or she shall, in the absence of a Secretary or Executive Director, sign checks. He or she shall perform all other duties usually pertaining to the office of President and permitted by Statute. 2. Vice-President - The Vice-President, in the absence of the President, shall perform the duties delegated to the President except that only the President shall sign certificates, checks and the Annual Report to the Governor. 3. Secretary - The Secretary shall conduct all correspondence in the name of the Board except that performed by the President and that delegated to the Executive Director. The Secretary shall countersign all checks with the Executive Director of the Board. Additionally, he or she shall exercise supervisory authority over the Executive Director's administration of Board policy and the processing of its routine operations. He or she shall perform those other duties as prescribed by the Statute. If, for any reason, a vacancy shall occur in the Board, the President and the Secretary shall prepare a notice to the Governor asking for the appointment of a new member to fill the unexpired term, in accordance with the provisions of the Statute. If the vacancy shall occur in the office of the President, the Vice-President and the Secretary shall prepare the notice to the Governor. Such notice shall designate which appointed position is vacant and which society or association is to furnish the list from which the appointee is to be selected. If a vacancy occurs in any office, or if any officer becomes incapacitated, the Board will elect a new officer in a regular meeting. If the position of Secretary becomes vacant, the President shall appoint a new secretary to fill the remaining portion of the term. The Board will delegate authority and responsibility to the Executive Director for assigning duties to and obtaining adequate performance from the employees of the Board.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.5 Rule 2.5

Executive Director The Board shall hire an Executive Director who shall be responsible for the administration of Board Policy and for the processing of its routine operations. The duties of the Executive Director shall be as determined by the Board. 1. As an executive officer, the Executive Director shall serve at the pleasure of the Board. In the absence of an Executive Director, the Secretary shall assume the duties of the Executive Director, as necessary. 2. All correspondence to the Board, including requests for information and all submissions and other requests should be addressed to the Executive Director.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.6 Meetings 1

The Board shall schedule at least two (2) regular meetings each year, one (1) in the first and third calendar quarters. A quorum is required at all meetings. Special meetings may be held as needed or as called by an officer or quorum of the Board. 2. A call for a special meeting under emergency conditions may be issued by email or

telephone by the Executive Director. 3. Robert's Rules of Order Newly Revised shall govern the proceedings of the Board except as otherwise provided herein or by Statute. 4. All members of the Board including the President shall be entitled to vote and to make or second motions. A majority vote of those present is required to pass a motion. A member expecting to be absent for a vote may provide written comments as to his or her position; however, he or she may not grant a vote by proxy. 5. The order of business at all regular and special meetings shall normally be as recommended by the Executive Director and at the pleasure of the President.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.7 Rule 2.7

Public Attendance at Meetings In compliance with the Open Meeting Laws of the State of Mississippi, members of the public are welcome to attend meetings of the Board. The Board has adopted the following rules of conduct for members of the public attending meetings of the Board: 1. members of the public are requested to register with the Executive Director before the start of the meeting, 2. organized groups are limited to having one (1) spokesperson for the meeting, 3. upon request, an individual or a spokesperson will be allowed to address the Board, but the speaking time is limited to ten (10) minutes unless extended by the presiding officer, 4. when the Board votes to go into Executive Session, all members of the general public must leave the meeting room and they will be advised when they may re-enter, 5. members of the public are expected to behave in a calm, professional manner at all times, 6. failure to comply with these rules will be grounds for dismissal from the meeting, and 7. if members of the public require special provisions accommodating a qualifying temporary or permanent disability to attend a Board meeting, a written request identifying the disability, and accommodations needed must be submitted to the Executive Director ten (10) days before the meeting. If this request is not submitted in advance, the accommodation cannot be guaranteed.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 2.8 Fee Schedule Fees shall be in accordance with the current Fee Schedule available on the agency’s website

Once a payment has been accepted, there will be no refund.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 3 Declaratory Opinions Rule 3.1 Scope of Declaratory Opinions The Board will issue declaratory opinions regarding the applicability to specified facts to a Statute administered or enforceable by the Board, a Rule or Regulation promulgated by the Board, or an Order issued by the Board. The Board will not issue a declaratory opinion regarding a Statute, Rule, Regulation, or Order which is beyond the “primary jurisdiction” of the Board. Primary jurisdiction means the Board has: 1. a constitutional grant of authority in the subject matter, 2. a statutory grant of authority in the subject matter, 3. issued specific regulations impacting upon the subject matter, or 4. issued a specific order or orders impacting upon the subject matter.

30 Miss. Admin. Code Pt. 901, R. 3.2 Scope of Declaratory Opinion Request A request must be limited to a single transaction or occurrence

History

• Source: Miss. Code Ann. §25-43-2.103(2)

30 Miss. Admin. Code Pt. 901, R. 3.3 Rule 3.3

Format of the Request When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the person must submit a printed, typewritten, or legibly handwritten request on standard letter-sized white paper (8 ½” x 11”). 1. The request shall be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a court. 2. All requests shall be mailed, emailed or hand-delivered to the Board’s office. Oral or telephone requests for a declaratory opinion will not be accepted. 3. Each request shall include the full name, telephone numbers, and mailing address of the requestor(s). All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. Each request and its corresponding envelope, if any, and subject line shall clearly state it is a request for a declaratory opinion.

History

• Source: Miss. Code Ann. §25-43-2.103(2)

30 Miss. Admin. Code Pt. 901, R. 3.4 Content of Request

Each request shall contain the following: 1. a clear identification of the Statute, Rule, Regulation, or Order at issue, 2. a concise statement of the issue or questions presented for declaratory opinion, 3. a clear and concise statement of all facts relevant to the question presented, 4. the identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, email address(es) and telephone number, and 5. a statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. §25-43-2.104 (Rev. 2006).

30 Miss. Admin. Code Pt. 901, R. 3.5 Rule 3.5

Signature Attestation Each party who signs the request is attesting that the request complies with the requirements set forth in these rules. This includes but is not limited to, the request includes a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. §25-43-2.103(2)

30 Miss. Admin. Code Pt. 901, R. 3.6 Rule 3.6

Reasons for Refusal of Declaratory Opinion Request The Board may refuse to issue a declaratory opinion in certain circumstances which include, but are not necessarily limited to: 1. matters outside the primary jurisdiction of the Board, 2. lack of clarity concerning the question presented, 3. there is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary, 4. the Statute, Rule, Regulation, or Order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request, 5. the facts presented in the request are not sufficient to answer the question presented, 6. requests which fail to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules, 7. requests seeking to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the Statute, Rule, Regulation, or Order on which a declaratory opinion is sought, 8. no controversy exists or is certain to arise which raises a question concerning the application of the Statute, Rule, Regulation, or Order, 9. questions presented by the request concerning the legal or constitutional validity of a Statute, Rule, Regulation, or Order,

10. requests not based upon facts calculated to aid in the planning of future conduct, but are, instead, based on past conduct to establish the effect of that conduct, 11. no clear answer is determinable, 12. questions presented by the request involve the application of a criminal statute or sets forth facts which may constitute a crime, 13. answering the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure, 14. questions currently the subject of an Attorney General's opinion request, 15. questions answered by an Attorney General's opinion, 16. one or more requestors have standing to seek an Attorney General’s opinion on the proffered question, 17. requests not made in good faith, 18. requests which are harassing in nature, 19. a similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or 20. questions involve eligibility for a license, permit, certificate, or other approval by the Board or other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval may be determined.

History

• Source: Miss. Code Ann. §25-43-2.103(2)

30 Miss. Admin. Code Pt. 901, R. 3.7 Rule 3.7

Board Response Within forty-five (45) days after receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: 1. issue an opinion declaring the applicability of the Statute, Rule, Regulation, or Order to the specified circumstances, 2. agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request, or 3. decline to issue a declaratory opinion, stating the reasons for its action. The forty-five (45) day period shall begin on the first business day on or after which the request is received by the Board.

History

• Source: Miss. Code Ann. §25-43-2.103(2)

30 Miss. Admin. Code Pt. 901, R. 3.8 Final Opinion A declaratory opinion shall not become final until the expiration of sixty (60) days after issuance

Prior to expiration of the sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious.

History

• Source: Miss. Code Ann. §25-43-2.103(2)

Chapter 5 Candidates for Enrollment and Licensure Rule 5.1 Education Requirements Education requirements for Enrollment and Licensure are in Statute. 1. Engineering Curricula The phrase "engineering curriculum of four (4) years or more from a school or college approved by the Board as of satisfactory standing" or "graduation in an accredited engineering curriculum of four (4) scholastic years or more from a school or college approved by the Board as of satisfactory standing" as used in the Statute, is interpreted by the Board to mean: a. Baccalaureate Degree Accredited by ABET/EAC – A baccalaureate degree accredited by the Engineering Accreditation Commission (EAC) of the Accreditation Board for Engineering and Technology (ABET) or its equivalent. b. Degrees recognized by the Canadian Engineering Accreditation Board (CEAB) – An applicant with an engineering degree in a curriculum recognized by the Canadian Engineering Accreditation Board (CEAB) will be considered to hold a degree equivalent to the ABET/EAC accredited degree. c. Foreign Degrees accredited by the ABET/EAC – Degrees from foreign universities that are evaluated and accredited by the Engineering Accreditation Commission (EAC) of the Accreditation Board for Engineering and Technology (ABET). d. Degrees evaluated as meeting the NCEES Engineering Education Standard – Degrees from universities that are evaluated by the Board-approved evaluation service and found to meet the NCEES Engineering Education Standard. The evaluation must be completed prior to submitting the application to the Board office. 1) If the evaluation finds deficiencies in humanities, social sciences, or general education, and the applicant is applying for the FE examination or the PE examination, or the applicant is a comity applicant who has been licensed less than five (5) years, then the deficiencies must be remediated by taking additional coursework. The Board must approve the additional coursework proposed by the applicant, prior to beginning the course(s). 2) If the evaluation finds deficiencies in humanities, social sciences, or general education, and the applicant is a comity applicant who has been licensed five (5) years or longer, then additional coursework will not be required. 3) If the evaluation finds deficiencies in areas other than humanities, social sciences, or general education, the deficiencies must be remediated by taking additional coursework, regardless of whether the applicant is a comity applicant or an applicant for the FE or PE examinations. The Board must approve the additional coursework proposed by the applicant, prior to beginning the course(s). e. For Engineer Intern or Professional Engineer applicants, a related science curriculum, to be approved by the Board, must be a four-year curriculum leading to a Bachelor of Science degree in chemistry, biology, geology, physics, mathematics, computer science, or a similar science curriculum deemed acceptable to the Board. 2. Surveying Curricula

30 Miss. Admin. Code Pt. 901, R. 5.2 Experience Experience requirements for Licensure are in Statute

1. Anticipated Work Experience for Licensure Applicants - Experience must be completed at the time the application is submitted. Experience which is anticipated to be obtained after the submission of the application will not be considered in the evaluation. Furthermore, postdating the application so that anticipated experience can be included is not permitted and the application will not be evaluated.

2. As a Professional Engineer - In evaluating experience that indicates to the Board that the applicant may be competent to practice engineering, the following will be considered: a. Acceptable experience must have been completed before the submission of the application. b. Experience must be progressive on engineering projects and must demonstrate an increasing quality and responsibility. c. Only work of an engineering nature that follows graduation from a program that meets the criteria set forth in Rule 5.1 is acceptable. d. A graduate degree that is used to satisfy education requirements cannot be applied for experience credit toward licensure. To be eligible for experience credit, graduate degrees shall be relevant to the applicant’s area of professional practice. Experience credit for a graduate degree cannot be earned concurrently with work experience credit. e. Engineering students who complete a formal cooperative engineering education (ABET/EAC accredited) program of three semesters or more will be granted six (6) months of experience credit. Engineering students who complete a formal cooperative engineering (ABET/EAC accredited) education program of at least two semesters but less than three semesters, will be granted three (3) months of experience credit. No experience credit of less than three (3) months will be granted. f. Experience must be obtained in compliance with Statute. g. Experience gained in the armed services must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. h. Experience should be gained under the Supervision of a licensed Professional Engineer. If it is not, an explanation must be made showing why the experience should be considered acceptable. Experience gained under the Supervision of an unlicensed individual may be considered if the appropriate credentials of the unlicensed supervisor are submitted to the Board. i. Sales experience must demonstrate that engineering principles were required and used in gaining the experience. j. Teaching experience must be in engineering or engineering-related courses at a junior-, senior-, or graduate-level in a college or university offering an engineering program of four years or more that is approved by the Board. k. Experience may be gained in engineering research and design projects by members of an engineering faculty where the program is approved by the Board. l. Experience may be gained in engineering research by industry or government employees. m. Experience in construction must demonstrate the application of engineering principles. n. Experience must include demonstration of a knowledge of engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design. o. Experience must include demonstration of the application of engineering principles in the practical solution of engineering problems.

p. The Board may deem professional experience acquired by applicants outside the United States to be equivalent to the minimum Board requirements established by regulations for professional experience in that jurisdiction. 3. As a Professional Surveyor - In evaluating experience that indicates to the Board that the applicant may be competent to practice surveying, the following will be considered: a. Work experience must be progressive and of an increasing standard of quality and responsibility. It should include field assignments, office assignments, records research, and boundary line surveying. An applicant for initial PS licensure (first licensure in any state) must have boundary line surveying experience for at least fifty percent (50%) of the minimum required experience. b. Experience gained in the armed services must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. c. Qualifying professional surveying experience for initial licensure must be obtained under the Supervision of a licensed Professional Engineer or Professional Surveyor. If the experience was not obtained under the direct Supervision of a licensed Professional Engineer or Professional Surveyor, then the indirect Supervision must be satisfactorily explained with respect to the degree and type of Supervision received. d. Teaching experience must be in surveying or surveying related courses at a junior-, senior-, or graduate-level in surveying or surveying-related courses approved by the Board. e. Experience in the technical field aspects of the profession must be demonstrated. f. Anticipated Work Experience for Licensure Applicants - Experience must be completed at the time the application is submitted. Experience which is anticipated to be obtained after the submission of the application will not be considered in the evaluation. Furthermore, postdating the application so that anticipated experience can be included is not permitted and the application will not be evaluated. g. Experience must include demonstration of the application of surveying principles in the practical execution of surveying tasks. h. Experience may be gained in surveying research projects by members of a surveying faculty where the program is approved by the Board. i. Experience may be gained in surveying research by industry or government employees. j. The Board may deem professional experience acquired by applicants outside the United States to be equivalent to the minimum Board requirements established by regulations for professional experience in that jurisdiction. k. Surveyor Intern applicants qualifying based solely on education shall not be required to submit experience verification documentation. Surveyor Intern applicants qualifying based on experience, or a combination of education and experience, will be required to submit experience verification form(s) from a Professional Surveyor supervisor sufficient to verify the required amount of qualifying experience; a minimum of one (1) experience verification form is required. 4. As a Dual Licensee

With reference to Miss. Code Ann. Sections 73-13-23 and 73-13-77 applicants seeking dual licensure (both Professional Engineer and Professional Surveyor) must meet the experience requirements for each license. Experience applied to meet the requirements for one license will not be applied to meet the requirements of the second license. 5. Comity Applications a. Professional Engineer applicants for comity licensure who have been licensed and practicing for ten (10) years or more should submit experience verification forms from prior supervisors. If these cannot be obtained, the Board will consider experience verification forms or character reference forms from Professional Engineers who are familiar with the applicant’s work. b. Professional Engineer applicants for comity licensure who have been licensed and practicing for less than ten (10) years must submit experience verification forms from Professional Engineer supervisors who had review and approval authority over the applicant’s work. c. Professional Surveyor applicants for comity licensure who have been licensed and practicing for ten (10) years or more should submit experience verification forms from prior supervisors. If these cannot be obtained, the applicant should provide a written explanation or justification for why experience verification forms from prior supervisors cannot be obtained. In such circumstances, the Board will consider experience verification forms or character reference from Professional Engineers who are familiar with the applicant’s work. d. Professional Surveyor applicants for comity licensure who have been licensed and practicing for less than ten (10) years must submit experience verification forms from Professional Surveyor supervisors who had review and approval authority over the applicant’s work. e. If the comity licensure applicant’s experience cannot be verified and documented in accordance with the four (4) procedures listed above, the Board may deny licensure, or, in the alternative, may require substantial additional documentation to verify the applicant’s qualifying experience to the Board’s satisfaction. 6. Mentoring a. An applicant may acquire qualifying engineering experience through a mentoring arrangement. Two (2) years of qualifying mentoring experience acquired through a Board-approved mentoring arrangement equates to one (1) year of qualifying engineering experience. b. The mentoring arrangement must have pre-approval by the Board. The applicant must submit a written proposal for a mentoring arrangement to the Board describing: the applicant’s current employment status, description of job responsibilities, qualifications of the non-licensee supervising the applicant daily, biographical data of the mentoring PE, written certification from the mentoring PE agreeing to serve, proposed format of meetings. Meetings between the applicant and the mentoring PE must occur at least monthly. c. Once the Board has approved the mentoring arrangement, it may begin. The applicant shall prepare a report of each meeting, a statement indicating whether it was a responsible

charge of work and if the work was performed according to industry standards, and the mentoring PE’s seal and signature. A copy of this monthly report shall be sent to the Board. d. At the conclusion of the mentoring relationship, the mentoring PE shall provide a statement bearing his or her seal and signature recommending the applicant for licensure. e. When the applicant submits his or her PE application, he or she shall submit in a separate binder a compilation of all the monthly reports, any notes, drawings, and miscellaneous items, and the original final statement of recommendation from the mentoring PE.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.3 Rule 5.3

References The applicant shall furnish on his or her application the names, addresses, and if applicable, the states in which references are licensed as Professional Engineers or Professional Surveyors. It is the sole responsibility of the applicant to provide all reference information. Reference forms which are signed and dated within the previous two (2) years may be transferred from a closed application to a new application at the applicant’s request. However, applicants seeking initial licensure must submit at least one (1) reference form from their licensed supervisor dated within the past six (6) months, comity applicants submitting an NCEES Record must submit at least one reference form dated within the past twelve (12) months from another licensee who has knowledge of the applicant’s experience during the most recent twelve (12) months, and comity applicants who are not submitting an NCEES Record must submit at least one (1) reference form dated within the past six (6) months, from another licensee who has knowledge of the applicant’s experience during the most recent six (6) months. At least three (3) of the five (5) references must be currently licensed; however, it is desirable that all the references be qualified to evaluate the applicant's training and experience. All references should know the applicant personally. A “referencing” Professional Engineer or Professional Surveyor may be licensed in any state or territory of the United States or other national licensing authorities as approved by the Board. It is the responsibility of the licensee to provide an honest appraisal of applicants considered for enrollment or licensure. The Board may find it necessary to correspond directly with a reference to seek clarification of the reference's statements. If any reference fails or declines to cooperate with the Board within a reasonable time, all information submitted by the reference may be disregarded. Note: References are considered by the Board to include the Professional Engineer and Professional Surveyor who bore the responsibility for actual work experience.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.4 Rule 5.4

Examinations The Board uses examinations offered by the National Council of Examiners for Engineers and Surveyors (NCEES) for all examinations except the Mississippi Section examination for

surveyors. The phrase “written examination” as used in the Statute, is interpreted to include computer-based format examinations. 1. Classification of Engineering Examinations a. Fundamentals of Engineering - This is known as the FE examination and is offered by discipline. 1) Graduate Engineers applying for the FE examination may apply though NCEES without approval of the Board. 2) Engineering Students enrolled in an ABET/EAC curriculum, and an in-state college or university may apply for the FE examination with approval of the Dean of the College. These individuals shall apply for the FE examination in accordance with the process established by the Board and the school. b. Principles and Practice of Engineering - This examination is known as the PPE examination and is offered by discipline. Individuals applying for the PPE may apply though NCEES without approval of the Board. c. PE Structural Examinations – These examinations are known as the SE examinations. Individuals applying for the SE examinations may apply though NCEES without approval of the Board. 2. Classification of Surveying Examinations a. Fundamentals of Surveying - This examination is known as the FS examination. An applicant for enrollment as a Surveyor Intern will be permitted to sit for the FS examination only after the Board has established that all requirements of the Statute and Rules and Regulations have been met. b. Principles and Practice of Surveying - This examination is known as the PPS examination. An applicant for licensure as a Professional Surveyor will be permitted to sit for the PPS examination only after the FS examination has been passed and the experience requirements and other requirements of the Statute and Rules and Regulations have been met. c. Mississippi Section - This examination is a closed book examination prepared by the Board. Surveyor Interns who have passed the PPS Examination may apply for the Mississippi Section Examination on forms provided by the Board. 3. Compliance with Examination Policies and Procedures a. Examinees shall abide by the examination administrator’s published examination policies and procedures. An examinee who does not fully comply with the examination administrator’s requirements may, in addition to any action by the Board, be subject to dismissal from the remainder of the examination. b. Noncompliant Conduct in Association with Examinations. An examinee may be dismissed from the examination and subject to disciplinary or other Board action for conduct including, but not limited to: 1) cheating on the examination, 2) giving assistance to, or receiving assistance from, another person,

3. compromising the integrity of the examination, 4) disruptive or abusive behavior, 5) participating in any form of violation of examination policies or procedures during an examination.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.5 Classifications 1

Licensure or Enrollment - Applicants shall be licensed as "Professional Engineers" or "Professional Surveyors" or enrolled as "Engineer Interns" or "Surveyor Interns." 2. Disciplines of Engineering - Mississippi Statute makes no specific designations as to the disciplines of engineering practice for Licensure as Professional Engineer however, Rule 6.3.4 Competency for Assignments provides that a Professional Engineer shall practice only in the disciplines in which he or she is qualified by education and experience.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.6 Applications for Enrollment and Licensure 1

Form of Application a. All applications for enrollment or initial licensure shall be made on forms provided by the Board. b. Application fees are as established by the Board in the fee schedule. c. An application not properly completed, or not containing all the required information will be deemed incomplete and may be rejected with a statement of the reason for non- approval. d. Applicants should allow at least thirty (30) days after the application is completed, with all required documentation submitted, for the Board to review and officially act upon the application. 2. Acceptance of Applications a. Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application. b. Persons who have been previously disciplined by the Board shall appear before the Board and show cause why he or she should be accepted as an applicant for licensure or enrollment. c. No person shall be eligible for enrollment or licensure who is not of good character and reputation. 3. Examinations a. Individuals must apply for enrollment as an Engineer Intern to be cited by the Board for the FE examination. b. Individuals must apply for enrollment as a Surveyor Intern to be cited by the Board for

the FS Examination. c. Individuals applying for licensure as a PE must have passed the PPE examination or SE examinations. d. Individuals must apply for licensure as a PS to be cited by the Board for the PPS and Mississippi Section examinations. 4. Transcript - When the Board requires an official transcript showing the degree issued and date of issuance, it is the responsibility of the applicant to see that such a record is sent directly from the institution to the Board office. The Board will not take any action until such information is received. 5. Experience Record - In relating experience, an applicant must account for the entire period which has elapsed since the beginning of the experience record. 6. Residency Requirements a. Only applicants who are residents of Mississippi may apply for initial enrollment as an Engineer Intern or Surveyor Intern or for initial licensure as a Professional Engineer or Professional Surveyor except as noted below. The Board may require the applicant to furnish proof that he or she is a legal resident of Mississippi. For the purposes of this rule, "legal resident" shall mean a natural person whose domicile is within the state of Mississippi. "Domicile" shall likewise mean the place where such a person resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent. Proof of legal residency may be shown by producing a valid Mississippi driver's license, a valid voter registration card, or a certificate evidencing homestead exemption status. b. Initial PE applicants applying in accordance with the MOU between the Board and the Japan PE/FE Examiners Council (JPEC) are exempted from this rule requiring Mississippi residency. c. Military personnel, their spouse or dependents who are otherwise qualified to sit for examinations, but whose legal residence is located outside the State of Mississippi, may apply if sufficient proof is produced showing permanent party or temporary duty assignment to a military installation located within this state. d. Mississippi residency is not required for an applicant for Engineer Intern currently enrolled as an undergraduate or graduate student in an ABET/EAC accredited engineering curriculum within the State of Mississippi. 7. Applications from Applicants with Degrees from Foreign Schools a. Degrees recognized by the Canadian Engineering Accreditation Board (CEAB) - An applicant with an engineering degree in a curriculum recognized by the Canadian Engineering Accreditation Board (CEAB) will be considered to hold a degree equivalent to the ABET/EAC accredited degree. b. Non-ABET/EAC or Foreign Degrees – Undergraduate engineering degrees from universities that are not ABET/EAC accredited must be evaluated by the NCEES Engineering Education Standard. If the evaluation finds that a degree does not meet the NCEES Engineering Education Standard, the applicant will not be allowed to apply but will be advised of the courses necessary to cure the deficiency. An applicant with an

undergraduate non-ABET/EAC or foreign degree plus a graduate degree from a university in a curriculum which is ABET/EAC accredited at the undergraduate level will qualify for application; the undergraduate degree will not need to be evaluated. c. Language Comprehension - An initial applicant for licensure as a Professional Engineer or Professional Surveyor whose primary language is other than English, shall submit to the Board the results of an English language test, either the TOEFL examination or IELTS examination. If a TOEFL examination, a score of five hundred fifty (550) or higher is required if a paper-based test (PBT) or seventy-nine (79) if an internet-based test (iBT). A score of 6.5 or higher is required if the examination is IELTS. The test shall be taken within two years of the application date. An applicant who has received a degree from an institution in an English-speaking country will be exempt from this requirement. 8. Reconsideration of Action on an Application a. Reconsideration request - An applicant may submit a written request for reconsideration of a denial of application if the request is based on additional information or evidence. Such additional information or evidence must be included with the applicant’s written request for reconsideration. Such a request must be filed with the Board no later than thirty (30) days following the date of the notice of denial. 9. Disposition of Applications - Applications may be approved; deferred for more experience or additional references or other reasons; closed; or denied. a. Approved applications - When an applicant has met the qualifications for licensure, the applicant shall be notified of licensure, and the action of the Board shall be spread on the minutes. b. Deferred applications – Deferred applications shall remain on file for one (1) year from date of deferment. If the reason for deferment is not removed within this time, the application will be closed. 10. Reapplication - Any applicant not otherwise prohibited by the Board may reapply. 11. Retention of Applications - Records will be retained on file in the Board office for the period indicated: a. Enrollees and Licensees – as required by Mississippi Department of Archives and History b. Closed or denied applications – two (2) years

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.7 Comity Licensure 1

Requirements - Licensure as Professional Engineer or Professional Surveyor by comity will be granted provided the applicant is currently licensed and in good standing with other NCEES member Boards and meets all current Mississippi requirements. A PE comity applicant licensed prior to 1970 by examination requirements differing from these current rules may be deemed to meet current Mississippi examination requirements if the Board determines that the examinations completed are equivalent. 2. Surveyor Requirements - Licensure as a Professional Surveyor by comity will be granted only to applicants who are licensed after fourteen (14) hours of NCEES examinations, or its

equivalency as determined by the Board. The Mississippi Section two-hour examination will be required of all applicants for licensure by comity. 3. Applications shall be made in accordance with these rules. If a properly executed NCEES Record, prepared by the NCEES Records office, is provided with certified copies verifying applicant's educational qualifications, experience record, responses from references and licensure in another state or states where the sixteen (16) hour examination was passed, the applicant will be required to complete only those sections of the application form dealing with General Information, Licensure in other states, and the Affidavit. 4. License - The license issued through comity for a Professional Engineer will bear the date the application is approved by the Board in accordance with Board procedures. The license issued through comity for a Professional Surveyor will bear the date the Mississippi Section examination is successfully completed. 5. Limited Licensure for Expert Technical Testimony a. Subject to the provisions of item b. below, any person not licensed to practice engineering in this state and who desires to provide expert testimony in the field of engineering in the form of an opinion or otherwise in any judicial or administrative proceeding, must apply to the Board for a limited license. Said license shall be administratively granted, provided each such person shall: 1) provide his or her full name, residence address, office address, voice and facsimile telephone numbers, and email address, 2) provide the full name, office address, voice and facsimile telephone numbers, and email address for each Firm, practice group of other entity with which he or she is associated in the practice of engineering, 3) provide evidence that he or she is licensed to practice engineering in another jurisdiction and is in good standing in that jurisdiction, 4) bind himself or herself to adhere to the principles of ethics and professional responsibility generally applicable to persons licensed to practice engineering in Mississippi, 5) give notice to the Board of the fact of his or her initial appearance as aforesaid, in substantial compliance with a form to be made available by the Board prior to or within thirty (30) days after providing such testimony, as may be prescribed by the Board (no notice is required for subsequent appearances if the limited license is still current and in good standing), 6) pay the current application fee for the initial appearance and, if desired, renew the limited license when it expires, and 7) submit himself or herself to the authority of the Board of Licensure for the application, administration, and enforcement of this rule. b. This rule does not apply to any practice, work or service exempt from Miss. Code Ann. Sections 73-13-1 through 73-13-45 and shall not be construed to prevent or affect the right of any person to provide testimony concerning any such practice, work or service. By way of example, and not of limitation, a person, who provides work or service “under the responsibility, checking and Supervision” of a licensee, may, without the limited

license, testify fully in any judicial or administrative proceeding in this state concerning such work or services, including his or her opinions, other findings, and the grounds therefore relating to such work or services, including expert testimony in the field of engineering to the extent permitted or required by the court or agency within whose jurisdiction the testimony is provided and the judicial or administrative processes pertaining thereto. c. Nothing contained in this rule or in the Board’s administration thereof may unreasonably burden any state or federal court or any administrative agency in the administration of rules governing the permissibility of, and admissibility of, testimony by expert witnesses in the form of an opinion or otherwise.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 5.8 Rule 5.8

Universal Recognition of Occupational Licenses Act The board may, upon application therefor and the payment of a fee, issue a license as a professional engineer to any person who holds a license issued by proper authority of any state or territory or possession of the United States, or of any country, provided that the applicant's qualifications meet the requirements of Statute and Rules and Regulations of the Board.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 6 Licensees Rule 6.1 Enrollment or Licensure 1. At the time an applicant is granted enrollment or licensure by the Board, he or she will be assigned an enrollment or license number. These numbers are unique to the applicant and will be issued consecutively. 2. Enrollment – Upon receipt of the enrollment fee the Executive Director will provide each enrollee with the following: a. a letter which includes the effective date, basis of enrollment, and an assigned enrollment number as an Engineer Intern or Surveyor Intern, and b. a certificate of enrollment. 3. Licensure – Upon receipt of the licensure fee the Executive Director shall provide each licensee with the following: a. a letter which includes the effective date, basis of licensure, and an assigned license number as a Professional Engineer or Professional Surveyor, and b. a certificate of licensure. 4. Replacement or Duplication of Certificates – An enrollee or licensee in good standing may submit a written request for a new certificate. The payment of a fee in the amount specified in the Fee Schedule is required. 5. Contact Information - It is the responsibility of each licensee to ensure the Board always has current information regarding his or her name, mailing address, phone number, employer, and e-mail address with the Board.

30 Miss. Admin. Code Pt. 901, R. 6.2 Seals 1

Seal of the Board - The seal of the Board shall be circular in form, two (2) inches in diameter and shall be imprinted on all certificates issued by the Board. 2. Seal of the Licensee a. Upon completion of licensure, the licensee will be advised that he or she shall secure an official seal which shall be applied to engineering drawings, specifications, reports and other engineering or surveying documents prepared by the licensee or under his or her responsible supervisory control. Failure to secure a seal may result in disciplinary action by the Board. b. The seals to be used by the licensees are to be circular in form and from 1 5/8 inches to 2 inches in diameter. Illustrations of the seal designs are below:

PE PS Dual

c. Seals obtained prior to the adoption of this rule, and which are in conformance with prior Board rules are acceptable. 3. Seal on Documents a. The seal, signature and date on a document constitute a certification that the document was prepared by the licensee or under his or her direct Supervision. 1) Each sheet of plans, drawings, documents, specifications and reports for engineering practice and of maps, plats, charts shall be signed, sealed and dated by the licensee preparing them, prepared under his or her direct supervisory control, or reviewed by the licensee in sufficient depth to fully coordinate and assume responsibility for documents prepared by another Professional Engineer. 2) Each sheet of maps, plats, charts, documents, and reports for land surveying practice shall be signed, sealed, and dated by the licensee preparing them or prepared under his or her direct supervisory control. b. Where more than one (1) sheet is bound together in one (1) volume, the licensee who prepared such volume, or under whose direction and control such volume was prepared, may sign, seal and date only the title or index sheet, providing that the signed sheet clearly identifies all of the other sheets comprising the bound volume, and provided that any of the other sheets which were prepared by, or under the direction and control of, another licensee, be signed, sealed and dated by said other licensee. c. By applying his or her seal or signature to the final documents they signify that they have complied with the requirements of these Rules and Regulations and applicable state Statute. d. Additions, deletions, or other revisions affecting public health and safety, or state and local codes may be made only if they are subsequently signed, sealed, and dated by the licensee who made the revisions or under whose direction and control said revisions were made. 4. Prototypical Projects Documents prepared for projects that are designed by other engineers to be built in various locations with few changes, except site adaptation, may be sealed by a Mississippi Professional Engineer licensee under the following conditions:

a. written permission of the original engineer(s) to adapt the documents, b. each sheet of plans, drawings, documents, specifications, and reports shall be signed, sealed, and dated by the engineer who performed the original design and shall also be signed, sealed, and dated by the Mississippi licensee who has reviewed the documents in sufficient depth to fully coordinate and assume responsibility, c. documentation of all changes made to the original documents, and d. the following written certification shall accompany the seal and signature on each sheet: "I have reviewed this document in sufficient depth to accept full responsibility for its contents and to assure code compliance and coordination." 5. Seal Care and Custody - The licensee shall exercise due and reasonable care in maintaining physical possession of his or her seal and its use. The licensee shall not willingly allow others to possess or use his or her seal in any way.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 6.3 Rule 6.3

Code of Professional Conduct The rules of professional conduct provided in this section are intended to safeguard the health, safety, and welfare of the public. They assure high standards of skill and practice in the engineering and surveying professions and maintain the integrity and reputation of the professions. The rules of professional conduct provided in this section shall be binding upon every licensee and on all Firms authorized to offer or perform engineering or surveying services in this jurisdiction. 1. Licensee’s Obligation to the Public a. Licensees shall be cognizant that their first and foremost responsibility is to safeguard the health, safety, and welfare of the public when performing services for clients and employers. b. Licensees shall sign and seal only those plans, surveys, and other documents that conform to accepted engineering and surveying standards and that safeguard the health, safety, and welfare of the public. c. Licensees shall notify their employer or client, and such other authority as may be appropriate when their professional judgment is overruled when the health, safety, or welfare of the public is endangered. d. Licensees shall, to the best of their knowledge, include all relevant and pertinent information in an objective and truthful manner within all professional documents, statements, and testimony. e. Licensees shall express a professional opinion publicly only when it is founded upon adequate knowledge of the facts and a competent evaluation of the subject matter. f. Licensees shall issue no statements, criticisms, or arguments on engineering and surveying matters that are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters. g. Licensees shall not partner, practice, or offer to practice with any person or Firm that they

know is engaged in fraudulent or dishonest business or professional practices. h. Licensees who have knowledge or reason to believe that any person or Firm has violated any rules or Statutes applying to the practice of engineering or surveying shall report it to the Board, may report it to appropriate legal authorities, and shall cooperate with the Board and those authorities as requested. i. Licensees shall not knowingly provide false or incomplete information regarding an applicant seeking licensure. j. Licensees shall comply with the licensing Statutes and rules governing their professional practice in each of the areas in which they practice. 2. Licensee’s Obligation to Employer and Clients a. Licensees shall undertake assignments only when qualified by education or experience in the specific technical fields of engineering or surveying involved. b. Licensees shall not affix their signatures or seals to any plans or documents dealing with subject matter in which they lack competence, nor to any such plan or document not prepared under their responsible charge. c. Licensees may accept assignments and assume responsibility for coordination of an entire project if each technical segment is signed and sealed by the licensee responsible for preparation of that technical segment. d. Licensees shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which they serve except as authorized or required by Statute or rules. e. Licensees shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients. f. Licensees shall disclose to their employers or clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their judgment or the quality of their professional service or engagement. g. Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to in writing by all interested parties. h. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body that they serve. i. Licensees shall not use confidential information received during their assignments as a means of making personal profit without the consent of the party from whom the information was obtained. 3. Licensee’s Obligation to Other Licensees a. Licensees shall not falsify or permit misrepresentation of their academic or professional qualifications or those of their associates. They shall not misrepresent or exaggerate their

degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incidental to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments. b. Licensees shall not offer, give, solicit, or receive, either directly or indirectly, any commission, or gift, or other valuable consideration to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority. c. Licensees shall not injure or attempt to injure, maliciously or falsely, directly, or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees’ work. d. Licensees shall make a reasonable effort to inform another licensee whose work is believed to contain a material discrepancy, error, or omission that may impact the health, safety, or welfare of the public, unless such reporting is legally prohibited. 4. Character and Reputation The licensee shall be responsible for maintaining good character and reputation. Grounds for a disciplinary hearing which may result in the revocation of their license include suspension of a license by another jurisdiction, being a habitual drunkard, demonstrating gross immorality, being addicted to narcotics or illegal drugs, have been adjudged insane or incompetent by a court of competent jurisdiction, or being convicted of a felony or misdemeanor. 5. Competency for Assignments a. The licensee may accept an assignment requiring education or experience outside his or her area of competence, but only to the extent that his or her services are restricted to those phases of the project in which he or she is qualified. All other phases of such projects shall be performed by licensees who may be associates, consultants or employees, qualified in the specific disciplines involved. b. Professional Engineer, if properly qualified by training, education and experience, may perform construction management services without obtaining any additional license or certification, provided that the Professional Engineer does not perform any construction work on the project being managed. 6. Solicitation of Work a. The Professional Engineer and the engineering Firm, is to seek professional employment based primarily on the qualifications and competencies required for proper accomplishment of the work. This process restricts the Professional Engineer or Firm from submitting a price for services until the prospective client has selected that Engineer or Firm, based primarily on stated qualifications and competencies, for final contractual negotiations. Competitive price proposals may not be submitted or solicited for professional services unless all of the following restrictions are met: 1) the prospective client has first sought statements of qualifications from interested licensees,

2. a short-list of no more than five (5) licensees chosen by the client based on qualifications and competence for proper accomplishment of the work received in writing a comprehensive and specific Scope of Work, 3) when the Scope of Work has been prepared, signed and sealed by a licensed Professional Engineer who has attested to the completeness and adequacy of the Scope of Work assuring that it fully identifies and describes the factors affecting the required engineering services, 4) assurances have been given by the prospective client that factors in addition to price were considered in selecting the Professional Engineer, and 5) neither the Professional Engineer that sealed the Scope of Work, nor this Professional Engineer’s Firm will be allowed to submit a price proposal. b. The Professional Surveyor, and the surveying Firm, is to seek professional employment based primarily on the qualifications and competencies required for proper accomplishment of the work. This process restricts the Professional Surveyor or Firm from submitting a price for services until the prospective client has selected that Surveyor or Firm, based primarily on stated qualifications and competencies, for final contractual negotiations. Competitive price proposals may not be submitted or solicited for professional surveying services unless all the following restrictions are met: 1) the prospective client has first sought statements of qualifications from interested licensees, 2) a short-list of no more than five (5) licensees chosen by the client based on qualifications and competence for proper accomplishment of the work received in writing in response to a comprehensive and specific Scope of Work prepared by the client or the client's representative that completely describes the factors affecting the required surveying services, and 3) assurances have been given by the prospective client that factors in addition to price were considered in selecting the Professional Surveyor.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 6.4 Rule 6.4

Continuing Professional Competency The purpose of the continuing professional competency (CPC) requirement is to demonstrate a continuing level of competency of licensees in their respective fields of engineering and surveying practice. 1. Introduction a. Every licensee shall meet the CPC requirements of these regulations for professional development as a condition for licensee renewal. b. All courses and activities shall have a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee’s field of practice in engineering or surveying. 2. Requirements

a. Every Professional Engineer licensee is required to obtain fifteen (15) PDHs during every calendar year. b. Every Professional Surveyor licensee is required to obtain twelve (12) PDHs during every calendar year. c. Professional Surveyors are required to obtain training in Mississippi Standards of Practice as part of an annual PDH requirement. A Professional Surveyor with five (5) years or less licensure in Mississippi is required to obtain one (1) PDH in Mississippi Standards of Practice annually. Professional Surveyors with more than five (5) years licensure in Mississippi are required to obtain one (1) PDH in Mississippi Standards of Practice every biennial renewal period. Courses in surveying standards in other states may not be used to meet this requirement. However, standard courses from other states may be used as a portion of the licensee’s remaining PDHs. Excess Mississippi Standards of Practice PDHs may not be carried forward. d. Dual Licensees are required to obtain eighteen (18) PDHs during every calendar year, at least one third (1/3) of which shall be obtained in each profession. e. A licensee shall be required to obtain one (1) PDH of ethics training as part of the PDH requirement every biennial renewal period. Excess ethics PDHs may not be carried forward. f. If a licensee exceeds the annual requirement in any year, PDHs may be carried forward into the subsequent year period as follows: a maximum of fifteen (15) PDHs by a Professional Engineer licensee; a maximum of twelve (12) PDHs by a Professional Surveyor licensee; a maximum of eighteen (18) PDH units by a Dual licensee. PDH units must be submitted during renewal to be considered for carryover. 3. Qualifying Activities to Earn PDHs a. Successful completion of college courses. b. Successful completion of short courses, tutorials, webinars, and distance-education courses offered for documented individual or group study. The method of delivery can be through face-to-face programs, live internet-based programs, archived prerecorded programs, or archived correspondence programs. c. Presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, conferences, or educational institutions. d. Preparing and instructing the activities listed above. e. Authoring published papers, articles, books, or accepted licensing examination items. f. Membership or active participation in professional or technical societies, accrediting organizations, or regulatory boards. A licensee may claim the PDH credit for either membership or active participation for any particular organization but not both. g. Obtaining a patent based on the creative work of the licensee. h. Active participation in educational outreach activities pertaining to professional licensure or the surveying and engineering professions that involve K-12 or higher education students

4. Determination of Credit - The Board does not pre-approve PDHs but does have final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit. a. Credit for college or community college approved courses will be based upon course credit established by the college. b. Credit for qualifying seminars and workshops will be based on one (1) PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings will earn PDH units for the actual time of each program. c. Credit determination for activities 3.e, publishing paper, article, book, or accepted licensing examination items and 3.g, obtaining a patent is the responsibility of the licensee (subject to review as required by the Board) but shall not exceed ten (10) PDH units per year. d. Credit for activity 3.f., active participation in professional societies, limited to two (2) PDH per organization, requires that a licensee serves as an officer or actively participated in a committee of the organization. PDHs are not earned until the end of each year. e. No more than eight (8) PDHs obtained during a twenty-four (24) hour period will be applied to meet the continuing professional competency requirements. 5. Units - The conversion of other units of credit or activities to PDH units is as follows: a. One (1) semester hour .........................................................................................45 PDH b. One (1) quarter hour ............................................................................................30 PDH c. One (1) continuing education unit .......................................................................10 PDH d. One (1) Hour of professional development in coursework, seminars, or professional or technical presentations made at meetings, conventions, or conferences .......................................................................................................... 1 PDH e. For teaching a. through d. above, multiply the PDHs by two (2) f. Each published peer-reviewed paper or book in the licensee’s area of professional practice ............................................................................................10 PDH g. Each published paper or article (other than 6.f. above) in the licensee’s area of professional practice ................................................................................ 5 PDH h. Each Patent ..........................................................................................................10 PDH i. Membership or active participation in a professional and technical society with a maximum of two (2) PDH per organization 1) membership .......................................................................................................... 1

PDH 2) active participation ............................................................................................... 2 PDH j. Active participation in educational outreach activities, maximum of three (3) PDH) ..................................................................................................... 1 PDH 6. Teaching credit is valid for teaching a course or seminar for the first time only. Full-time faculty may not claim teaching credit associated with their regular duties. 7. Record keeping - The responsibility of maintaining records to be used to support credits claimed is the responsibility of the licensee. a. Records required include, but are not limited to: 1) a log showing the type of activity claimed, sponsoring organization, location, duration, name of the instructor or speaker, and PDH credits earned, and 2) attendance verification records in the form of completion certificates or other documents supporting evidence of attendance. b. These records must be maintained for three (3) years. Copies must be provided if requested by the Board for audit verification purposes. 8. Exemptions - A licensee may be exempt from the professional development educational requirements for one of the following reasons: a. New licensees by way of initial licensure or comity shall be exempt in the year they obtain their license. b. Licensees serving on temporary active duty in the armed forces of the United States for a period exceeding one hundred twenty (120) consecutive days in a year shall be exempt during that year. Supporting documentation must be furnished to the Board. c. Licensees experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board may be exempt. Supporting documentation must be furnished to the Board, upon request by the Board for audit verification purposes. d. Professional Engineers and Professional Surveyors currently in Retired Status are exempt. 9. Reinstatement - A licensee with a lapsed license or a licensee in retired status may return to active status by obtaining the PDH units required for the most current one (1) year, which must include one (1) PDH unit of ethics. Dual licensees bringing only one (1) license to active status is required to obtain only the PDH units required for the license being renewed. If the license being brought to active status is a Professional Surveyor’s license, one (1) PDH unit of Standards of Practice must be obtained. 10. Forms - All renewal applications will require a certification by the licensee that the CPC requirement for that year has been met and must be entered into the NCEES database or Board website portal. 11. Audits – Each licensee’s Continuing Professional Competency records are subject to audit by the Board or its authorized representative.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 6.5 Retired Licensees 1

Qualifications - A Professional Engineer or Professional Surveyor who chooses not to practice or offer to practice engineering or surveying in the State of Mississippi and having twenty (20) years of aggregate practice may request Retired Status on the annual licensure renewal form. The annual renewal fee for Retired Status is presented in the Fee Schedule. A licensee in Retired Status can continue to represent himself or herself to the public as a Professional Engineer or Professional Surveyor but cannot otherwise practice or offer to practice engineering or surveying in the State of Mississippi without completing the requirements to establish Active Status. 2. Listing in Roster - Licensees in Retired Status will be listed in the Roster as PE, Retired or PS, Retired. 3. Reinstatement after Retirement - Retired licensees wishing to be reinstated to Active Status shall be required to: a. Submit an application to the Board. b. Provide proof he or she has obtained the PDH requirements for one year, which must include one (1) PDH of Ethics. Dual Licensees bringing only one (1) license to Active Status are required to obtain the PDH units required for the license to be reinstated. If the license being brought to Active Status is a Professional Surveyor license, one (1) PDH unit of Standards of Practice for Surveying in Mississippi must be obtained. All PDH units being claimed for reinstatement must have been acquired within the previous year. c. Submit payment for the annual renewal fee of an active license as set by the Board.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 6.6 Expirations and Renewals 1

Enrollment as Engineer Intern or Surveyor Intern does not expire. 2. Professional Engineer, Professional Surveyor, and Certificate of Authority renewals are biennial. Unless renewed, a license becomes invalid on its expiration date. a. All initial licenses shall expire on December 31 st of the year they were issued. b. All renewed licenses shall expire on December 31 st of their biennial renewal period. c. For dual licensees, the date of expiration of both licenses shall be determined by the date of expiration of the license to practice engineering. 3. Notification of Renewal a. Each licensee shall be provided notice of the expiration date of the license and the renewal fee at least thirty (30) days prior to the expiration date thereof by email to the email address on record with the Board. Should the Board not have an e-mail address for a licensee, notices shall be mailed to the licensee’s mailing address of record by first class United States mail at least thirty (30) days prior to the expiration date. b. The responsibility for renewal rests solely with the individual licensee. Failure to receive

notice does not relieve a licensee from the duty to timely renew their license prior to its expiration. 4. Renewal Filing a. To renew an expiring or expired license, a licensee shall complete the renewal application electronically using the Board’s on-line portal located at https://www.pepls.ms.gov. b. The applicable renewal fee must likewise be paid on-line by credit or debit card only. 5. Late renewal is subject to a ten percent (10%) additional fee per month that payment is delayed. 6. After a license has expired for more than six (6) months, an application for reinstatement shall be required.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 6.7 Reinstatement of Enrollment or License 1

Application for Reinstatement Any person whose enrollment or license has been revoked may not apply to the Board for reinstatement of the enrollment or license until two (2) years have elapsed since the final, effective date of revocation, except a person convicted of a crime of moral turpitude in which case five (5) years shall have elapsed since the final effective date of revocation and the person's civil rights shall have been restored. In the application for reinstatement, the application should state why the enrollment or license should be reinstated. Applicants must include in the application evidence that the current requirements for licensure or enrollment have been met and that the applicant is in good standing with the Board. 2. Board Action Upon receipt of such an application, the Board shall grant a hearing on reinstatement, at which time the applicant may appeal to the Board for reinstatement of the licensure or enrollment.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 7 Standards of Practice for Surveying Rule 7.1 Types of Surveys Whenever a survey is performed, it shall comply with Section 73-13-71 (4), Section 73-13-73, and the Standards of Practice for Surveying in Mississippi as described below. Types of surveys shall include, but not be limited to the following as described: 1. Boundary survey, route survey, easement survey, and lease survey shall mean a survey, the primary purpose of which includes, but is not limited to, determining the perimeter of a parcel or tract of land by establishing or re-establishing corners, and monuments, for the purposes of describing, platting, or dividing the parcel and preparing a description(s) of the parcel of land. a. If an easement survey is performed in conjunction with a boundary survey, route survey, or lease survey, and the easement is adjacent to and parallel with the boundary lines(s) created or re-established, then monumentation of the easement is not required. b. If an easement survey is performed in conjunction with a boundary survey, route survey, or lease survey, and the easement is temporary in nature, then monumentation is not required. 2. “Topographic Survey” shall mean a survey of the natural and select man-made features of a part of the earth's surface by ground measurements or remote sensing to determine horizontal and vertical spatial relations of the features. 3. “Hydrographic Survey” shall mean a survey having for its principle purpose the determination of data relating to bodies of water and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom, directions and force of current, water stages, and location of fixed objects for survey and navigation purposes. 4. “Control Survey” shall mean a survey which provides horizontal or vertical position data for the support or control of subordinate surveying, mapping, or construction layout purposes.

30 Miss. Admin. Code Pt. 901, R. 7.2 Rule 7.2

Attesting to Quality and Responsibility for Surveys To provide the client with the assurance that the work was performed under the direct Supervision of a licensee, and was performed in accordance with these Standards of Practice, documentation shall be sealed, signed, and dated by the licensee in responsible charge, including, but not limited to, the following: 1. When a boundary, route, easement, or lease survey is performed, a plat shall be prepared, and the plat shall bear the seal and signature of the Professional Surveyor in responsible charge as well as the date the seal was affixed to the plat. 2. When a topographic survey, hydrographic survey, or control survey is performed at the request of a client, any plat, map or report that is the final product of that licensee for that project shall bear the seal and signature of the Professional Surveyor or the Professional Engineer in responsible charge as well as the date the seal was affixed to the plat. If a

topographic survey, hydrographic survey, or control survey is performed by a licensee to obtain data to be used by that licensee to perform calculations or to be incorporated into a final product of that project, then the final product of that project shall bear the seal and signature of the Professional Surveyor or the Professional Engineer in responsible charge as well as the date the seal was affixed to the plat.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 7.3 Rule 7.3

Requirements The boundary, route, easement, and lease survey plat shall conform to the following requirements and shall include the following information: 1. The plat shall be displayed on any reasonably stable and durable drawing paper, vellum, linen, or film of reproducible quality. No plat or map shall have dimensions of less than 8-1/2 x 11 inches. 2. The plat shall show the scale, area, and classification of the survey (A, B, or C). These classifications are based upon both the purposes for which the property is being used at the time the survey is performed and any proposed developments which are disclosed by the client. This classification must be based on the criteria set forth in Rule 7.4, and the survey must meet the minimum specifications set forth in Rule 7.5. The scale shall be sufficient to show detail for the appropriate classification. 3. The survey must be referenced to either true north, grid north, or the record bearing of a well-defined and monumented line found in (a) existing subdivisions; (b) city or town plats; or, (c) a previous survey when the current survey is a division of said previous survey and enough monumentation is available to establish the original orientation. a. The reference meridian used must be clearly stated on the plat along with the method used to obtain it. b. If a reference line is used as the reference meridian, the monuments used to determine the meridian shall be clearly shown and described on the plat and the reference line noted as such. The recording information of the source material used as the reference meridian shall also be stated. 4. All monuments, natural and artificial, found or set shall be shown and described on the survey plat. The monuments shall be noted as found or set. All monuments set shall be ferrous metal, or contain ferrous metal, not less than one-half (1/2) inch in diameter, and not less than eighteen (18) inches in length. All monuments set shall display the license number of the Professional Surveyor, the COA number of the Firm, or the name of the responsible government agency. Alternate monument types may be used in asphalt, concrete, rock, or other like materials where appropriate (e.g. nail with washer, cotton picker spindle, etc.). Use of alternate monument types does not relieve the surveyor from the obligation to display the license number, COA number, or name of the government agency. When a monument is found with a cap that contains the license number of the Professional Surveyor or the COA number of the Firm, the license or COA number shall be stated on the plat. 5. All corners shall be monumented, either by a found monument clearly described on the survey plat, or by a monument set as described above, except however:

a. a corner which falls in a creek, stream or ditch, or in a gravel or asphalt road. Courses that intersect a creek, stream, ditch, or road that is to be used as a boundary of the parcel being surveyed should have witness corners set on the line intersecting same and be clearly shown on the plat. b. a corner which falls upon solid rock, concrete or other like materials which prevents displaying the license number of the Professional Surveyor, the COA number of the Firm, or the name of the responsible government agency. Such corners shall be marked in a permanent manner (chiseled mark, drilled hole, etc.) and clearly identified on the plat or witnessed by Witness Corners. 6. Witness Corners shall be set whenever a corner monument cannot be set (e.g. lake or pond) or is likely to be disturbed. 7. Any time witness corners are set, they shall be set as close as practical to the true corner and shall meet the same physical standards that would be required for the true corner. If only one (1) witness corner is set, it must be set on the actual boundary line or prolongation thereof. Otherwise, at least two (2) witness corners shall be set and so noted on the plat of the survey. The bearing and distance referencing the witness corners from the true corner shall be shown on the plat. If the witness corner is set on the boundary line, only the distance from the true corner is required to be shown. 8. The plat of a metes and bounds survey must clearly describe and show the monument marking the commencing point and the point of beginning for the survey. Commencing Point is a well-defined, monumented point referenced to the U.S. Public Land (GLO) Survey system or other recorded subdivision plat, recorded and monumented City or County plat or map, compatible with Mississippi Statutes for filing and recording of land ownership that is used in a metes and bounds description. Point of Beginning is a well-defined monumented point referenced to the U.S. Public Land (GLO) Survey system or recorded subdivision plat, recorded and monumented City or County plat or map, compatible with Mississippi Statutes for recording land ownership that is used as the beginning and ending point in a metes and bounds land description. 9. All discrepancies between the survey and the recorded description(s), and the source of all information used in making the survey shall be indicated. When an inconsistency is found, including a gap or overlap, excess or deficiency, erroneously located boundary lines or monuments, or when any doubt as to the location on the ground of the true boundary or property rights exists, the nature of the inconsistency shall be clearly shown on the drawing. 10. A description and location of any physical evidence of occupation found along a boundary line, including but not limited to fences, walls, buildings, or monuments. 11. The horizontal length (distance) and direction (bearing or azimuth) of each line as specified in the legal description and as determined in the actual survey process. 12. Four (4) elements of all circular curves shall be shown (radius, arc length, chord bearing and chord length). 13. When a property description is required by the client, the description prepared by the Professional Surveyor should list all pertinent information that is shown on the survey plat to include, but not limited to: commencing point, point of beginning, course bearing and distances, description of all corner monuments, description and offset of witness corners and

basis of bearings. If state plane coordinates are referenced as a part of the description, the items in Rule 7.3.18 shall also be included. 14. The lot and block or tract numbers or other designations, including those of adjoining lots and tracts if the survey is within a recorded subdivision. 15. Visible encroachments onto or from adjoining property or abutting streets with the extent of such encroachment. No sub-surface encroachments are required to be located unless their existence and location is furnished to the surveyor by the client. 16. All public and private rights-of-way or easements which are observed, adjoining, or crossing the land surveyed and pertinent to the survey. If streets or street rights-of-way abutting the land surveyed are not physically open, a note to this effect shall be shown upon the drawing. 17. Location of all permanent improvements which are relevant to the purpose of the survey being performed with reference to the boundaries. 18. Any time State Plane Coordinates are used in the process of conducting a survey, the following information shall be shown on the plat: a. the State Plane Coordinates System Zone, b. the horizontal or vertical datum used, c. the method used to derive information such as Global Positioning System or conventional survey, including any published horizontal and vertical control points used (if any), d. a combined or correctional factor, e. the convergence angle, f. the coordinates of a minimum of two (2) reference points relevant to the survey. 19. Regardless of the type of survey, a plat or survey shall bear the name, address, date of field survey, signature, and seal of the licensee in responsible charge. This signature and seal are certification that the survey meets the requirements of the Standards of Practice for Surveying in Mississippi as adopted by the Mississippi Board of Licensure for Professional Engineers and Surveyors. Other regulations including the Manual of Instructions for the Survey of U.S. Public Lands and all subdivision Laws and regulations of the State of Mississippi Statutes shall be followed.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 7.4 Rule 7.4

Classification of Surveys Class A Surveys - Surveys of extensively developed and expensive properties which require maximum surveying accuracy. This includes, but is not limited to, surveys of urban business district properties and highly developed commercial properties. Class B Surveys - Surveys of properties which are subject to costly improvements and justify a high degree of surveying accuracy. This includes, but is not limited to, surveys of commercial properties and higher priced residential properties located outside urban business districts and highly developed commercial areas. Class C Surveys - Surveys of all remaining properties which cannot be classified as Class A or B

surveys.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 7.5 Minimum Accuracy 1

Any time the survey utilizes a conventional traverse loop or traverse between known control monuments, the following parameters shall be satisfied. PARAMETER Survey Classification Remarks and Formula A

B

C

Unadjusted Closure (Minimum) 1:10,000 1:7,500 1:5,000 Loop or Between Control Monuments Angular Closure (Minimum) 15” √ N 25” √ N 30” √ N N=Number of Angles in Traverse Accuracy of Bearing ± 1 Min. ± 2 Min. ± 3 Min. Relative to Source Accuracy of Distances 0.03 ft. + 50ppm 0.05 ft. + 100ppm 0.07 ft. + 150ppm 100 ppm = 1:10,000 Elevations for Boundaries Controlled by Tides, Contours, Rivers, etc. Accurate to: ± 0.05 ft. ± 0.10 ft. ± 0.20 ft. Based on NGVD/NAVD Location of Improvements Structures, Paving, etc. (Tie Measurement) ± 0.1 ft. ± 0.2 ft. ± 1.0 ft.

2. If radial survey methods such as global positioning systems (GPS) or other acceptable technologies or procedures are used to locate or establish points on the boundary survey, the Professional Surveyor shall apply acceptable surveying procedures and perform adequate quality control measures to ensure that the allowable positional accuracy and/or positional tolerance of such points are not exceeded.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 7.6 Enforcement

Licensees failing to meet these standards of practice will be subject to appropriate disciplinary action by the Board.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 8 Certificate of Authority Rule 8.1 General Requirements for Certificates of Authority 1. Any Firm practicing or offering to practice engineering or surveying in the state of Mississippi must be licensed to practice with a Certificate of Authority from this Board. 2. An individual licensee practicing in their own name as a sole proprietorship shall not be required to obtain a Certificate of Authority. Rule 8.2 Managing Agent 1. To qualify for an engineering Certificate of Authority, the Firm must designate at least one Mississippi-licensed Professional Engineer who is either a principal officer, partner, or the designated principal engineer of the Firm with management responsibility for the Firm’s practice, and who makes significant technical or contractual judgments on behalf of the Firm which would affect the Firm’s professional reputation and liability. 2. To qualify for a surveying Certificate of Authority, the Firm must designate at least one Mississippi-licensed Professional Surveyor who is either a principal officer, partner, or the designated principal surveyor of the Firm with management responsibility for the Firm’s practice, and who makes significant technical or contractual judgments on behalf of the Firm which would affect the Firm’s professional reputation and liability. 3. A licensee who renders occasional, part-time, or consulting services may not, for the purposes of this rule, be designated as being responsible for the professional services of the Firm.

30 Miss. Admin. Code Pt. 901, R. 8.3 Rule 8.3

Liability Not Affected The Firm shall be responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers operating or practicing under the Certificate of Authority. No individual practicing engineering or surveying services shall be relieved of responsibility for those services performed by reason of employment or other relationship with a Firm, corporation, or partnership holding a Certificate of Authority.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 8.4 Applications 1

All applications for a Certificate of Authority shall be made on forms provided by the Board. 2. Application fees are as established by the Board. 3. An application not properly completed, or not containing all the required information will be deemed incomplete and rejected with a statement of the reason for non-approval. 4. Applicants for a Certificate of Authority should allow at least thirty (30) days after the application is completed, with all required documentation submitted, for the Board to review and officially act upon the application.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 8.5 Expirations and Renewals 1

Expiration Date and Renewal Periods Certificate of Authority renewals are biennial. Unless renewed, the Certificate of Authority becomes invalid on its expiration date. a. All initial Certificates of Authority shall expire on December 31 st of the year they were issued. b. All renewed Certificates of Authority shall expire on December 31 st of their biennial renewal period. 2. Notification of Renewal a. Each Firm shall be provided with notice of the expiration date of the Certificate of Authority and the renewal fee at least thirty (30) days prior to the expiration date thereof by email to the email address on record with the Board. Should the Board not have an e- mail address for a Firm, notices shall be mailed to the Firm’s mailing address of record by first class United States mail at least thirty (30) days prior to the expiration date. b. The responsibility for renewal rests solely with the individual Firm. Failure to receive notice does not relieve a Firm from the duty to timely renew their Certificate of Authority prior to its expiration. 3. Renewal Filing a. To renew an expiring or expired Certificate of Authority, a Firm shall complete the renewal application electronically using the Board’s on-line portal located at https://www.pepls.ms.gov/. b. The applicable renewal fee must likewise be paid on-line by credit or debit card only. 4. Late renewal is subject to a ten percent (10%) additional fee per month that payment is delayed. 5. After a Certificate of Authority has expired for more than six (6) months, an application for reinstatement shall be required.

History

• Source: Miss. Code Ann. §73-13-15

Chapter 9 Disciplinary Actions Rule 9.1 Anonymous Charges/Complaint In instances in which the Board is presented with prima facie evidence of a violation of the Statute or these administrative rules and Regulations, a written charge by another will not be required.

30 Miss. Admin. Code Pt. 901, R. 9.2 Grounds for Disciplinary Action 1

The Board shall have the power to impose such disciplinary action as provided by Miss. Code Ann. Section 73-13-37 for any of the following reasons: a. fraud or deceit in obtaining or attempting to obtain or renew a License or Certificate of Authority, b. gross negligence, incompetence, or misconduct in the practice of engineering or surveying, c. conviction of, or entry of a plea of guilty or nolo contendere, to any crime that is a felony, whether related to the practice of engineering or surveying or not, d. conviction of, or entry of a plea of guilty or nolo contendere, to any crime, when an essential element of which is dishonesty or which is related to the practice of engineering or surveying, e. violating any of the provisions of Miss. Code Ann. Sections 73-13-1 through 73-13-45, these administrative rules or the standards of ethics or conduct duly adopted and promulgated by the Board, f. discipline (including voluntary surrender of an engineering or surveying license to avoid disciplinary action) by another jurisdiction, g. failure to provide information requested by the Board, h. knowingly making false statements or signing false statements, certifications, or affidavits in connection with the practice of engineering or surveying, i. violating the terms of a Board Order or assisting another in violating the Statute, rules or Order of the Board, j. violating the Code of Professional Conduct, and k. providing false testimony or information to the Board. 2. In addition to any other sanction provided in this section, the Board shall have the power to sanction any Firm when one or more of its managing agents, officers, directors, owners, or managers have been found guilty of any conduct which would constitute a violation under the provisions of the Statute or the Rules, Regulations, or Orders of the Board: a. place on probation, fine, recover costs from, or reprimand, and b. revoke, suspend, or refuse to issue, or renew the Certificate of Authority.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.3 Rule 9.3

Investigative Procedures Upon the filing of a charge, the Executive Director shall refer the charge to a member of the Board, who is not otherwise disqualified, to undertake an investigation to determine whether the facts as alleged and evidence presented by the charge constitute a violation of Statute, rule, or the code of conduct. During the next regular meeting of the Board after the investigation has been completed, the investigating Board member shall present the charge and his/her findings to the Board for its consideration and vote. 1. If the Board determines the charge is frivolous, unfounded or filed in bad faith, the charge shall be dismissed upon a majority vote of a quorum present. Such action shall be reflected in the Board’s minutes, and written notice of the Board’s decision shall be sent to the complainant by mail to his/her address as provided by the charge. 2. If the Board finds there are reasonable grounds to indicate a violation of Statute or rule has occurred, the Board shall, by majority vote of a quorum present, cause a hearing to be held upon the filing of its own formal Complaint and Notice of Hearing. Neither the investigating Board member nor any Board member otherwise disqualified shall vote or otherwise participate in the disciplinary hearing resulting from that investigation.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.4 Pre-Hearing Discovery

There shall be no pre-hearing discovery. However, at least seven (7) working days prior to the date of a disciplinary hearing, the parties shall provide each other with a list containing the name, address, and telephone number of intended witnesses and copies of all exhibits intended to be introduced at hearing.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.5 Notice of Formal Complaint and Disciplinary Hearing

The respondent shall be served with the Board’s formal Complaint and Notice of Hearing by certified mail, return receipt requested, to the respondent’s address of record with the Board, at least thirty (30) days prior to the date of the scheduled hearing. 1. The formal Complaint shall state the facts which form the basis of the alleged violation of Statute or rule with reasonable specificity to enable the respondent to defend against the same. The Notice shall inform the respondent as to the date, time, and location of the hearing, and shall enclose a copy of these administrative rules. 2. The respondent may respond in writing to the allegations of the Complaint within twenty (20) days of the date of service and may choose to be represented by counsel at the disciplinary hearing. The answer, as well as any other documents which may be filed with the Board shall be mailed to the Board at 455 North Lamar Street, Suite 208, Jackson, MS 39202.

3. A motion for a continuance must be made in writing no later than five (5) business days prior to the date of a scheduled disciplinary hearing.

History

• Source: Miss. Code Ann. § 73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.6 Rule 9.6

Informal Conference A respondent may request an informal conference or may be requested to attend an informal conference with the investigative committee. The investigative committee shall be composed of the investigating Board member, the Executive Director, and Board counsel. The respondent has the right to have counsel present at the informal conference, but he/she may only serve in an advisory capacity. An informal conference is not an adversarial proceeding nor an administrative hearing. 1. Informal conferences are not official meetings of the Board. 2. Informal conferences shall be completed at least ten (10) days prior to any scheduled disciplinary hearing. 3. An informal conference resulting in settlement of the complaint shall be memorialized by Consent Order, subject to presentment and approval of the Board. a. Should the Board approve the order as proposed by a majority vote of a quorum present, the action shall be reflected in by the Board’s minutes. b. Should the Board reject the order as proposed with no suggested amendment by a majority vote of a quorum present, the rejection shall be reflected by the Board’s minutes, and the complaint shall be resolved by disciplinary hearing as scheduled or rescheduled if necessary. c. Should the Board reject the order as proposed yet suggest an amendment by a majority vote of a quorum present, the amended order shall be presented to the respondent for concurrence, in which case the Board shall approve the amended order by majority vote of a quorum present, with both votes reflected by the Board’s minutes. If the respondent shall not concur with the terms of the amended order, the complaint shall be resolved by disciplinary hearing as scheduled or rescheduled if necessary.

History

• Source: Miss. Code Ann. § 73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.7 Rule 9.7

Consent Order If, after receipt of the formal Complaint but prior to the scheduled disciplinary hearing, a respondent wishes to admit to the allegations of the Complaint and the consequent violation(s) of Statute or rule, a consent order may be entered into between the Board and the respondent, in settlement and in lieu of the disciplinary hearing. A consent order is subject to the approval of the Board. A consent order is voluntarily entered into by the respondent and shall not be subject to an appeal.

History

• Source: Miss. Code Ann. § 73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.8 Conflict, Bias, and Disqualification 1

A respondent in a disciplinary proceeding may assert conflict or bias by filing with the

Board at least three (3) days prior to a scheduled disciplinary hearing an affidavit asserting a conflict or bias against any member(s) of the Board, setting forth in sufficient detail the factual bias for the assertion. 2. A Board member shall not be entitled to participate in any disciplinary action if the Board determines such Board member is personally biased. The recusal or disqualification of Board members shall be considered on the record as a preliminary matter at the hearing before any other questions are decided.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.9 Disciplinary Hearings Conduct of Hearing 1

The Board may conduct disciplinary hearings with its Chair, or such other member of the Board as may be designated by the Chair, acting as the presiding officer or, the Board may appoint a hearing officer to preside. The presiding officer shall have the power to administer oaths, take witness testimony, receive evidence and rule upon all motions and objections. 2. Disciplinary hearings may be recorded and transcribed by a court reporter. 3. The Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence are inapplicable to the conduct of disciplinary hearings. 4. The Board, through its counsel, and the respondent each shall be permitted to make an opening statement and closing statement. 5. The Board, through its counsel, shall present its evidence first, followed by the respondent. Rebuttal witnesses may be called if necessary. Each witness called may be subject to direct examination, cross-examination, re-direct examination, and re-cross examination, if necessary and in that order. Each witness may be subject to additional examination by the members of the Board. 6. At the conclusion of the hearing, the Board may either decide the issue at that time or take the case under advisement for further deliberation. The presiding officer may make recommendations to the Board as to its adjudication and appropriate sanctions to impose upon the respondent. 7. The Board shall render its decision not more than ninety (90) days after the conclusion of the hearing and shall forward to the last-known business or residence address of the respondent, by certified or registered mail, return receipt requested, its written Order.

History

• Source: Miss. Code Ann. §73-13-15

30 Miss. Admin. Code Pt. 901, R. 9.10 Rule 9.10

Discipline In determining the sanction to impose upon a respondent found to have violated the Statute, rules, or code of conduct, the Board shall consider all relevant factors, including, but not limited, to the following: 1. the severity of the violation(s), 2. the actual or possible danger to the public resulting from the accused's past and present

violation(s), 3. the actual damage resulting from the accused's past and present violation(s), 4. the number of past repetitions of the accused's present violation(s), 5. the length of time since the occurrence of the accused's present violation(s), 6. the number and seriousness of previous violations, 7. the length of time the licensee has practiced, 8. the deterrent effect of the penalty imposed, 9. the effect of the penalty upon the accused's livelihood, 10. any efforts of rehabilitation, and 11. any other mitigating or aggravating circumstances.

History

• Source: Miss. Code Ann. §73-13-15

BOARD OF NURSING HOME ADMINISTRATORS BOARD OF NURSING HOME ADMINISTRATORS

Part 2701 Organization and Structure

30 Miss. Admin. Code Pt. 2701, R. 1755 Lelia Drive, Suite 305

Jackson, MS 39216

Pursuant to the authority vested in the Mississippi State Board of Nursing Home Administrators, the said Board has promulgated and by these presents, does hereby publish Rules and Regulations of the Mississippi State Board of Nursing Home Administrators of the State of Mississippi as authorized by the Laws of the State of Mississippi, Chapter 17, of the Mississippi Code of 1972, amended, to be effective June 30, 2011.

Thomas E. Hill, Chairman

Mark A. Adams

A. D. Buffington

Brian Cain

Dr. Virginia Cora

Dr. John Hey

Dr. Elizabeth Tinnon

(Last updated 06/30/11)

TABLE OF CONTENTS

Chapter 1 Organization and Structure

30 Miss. Admin. Code Pt. 2701, R. 1.1 Source of Authority: Title 4

30 Miss. Admin. Code Pt. 2701, R. 1.2 General Definitions 4

30 Miss. Admin. Code Pt. 2701, R. 1.3 Board of Nursing Home Administrators 5

30 Miss. Admin. Code Pt. 2701, R. 1.4 Applicability, Legal Effect, Separability 16

Chapter 1 Licensure

30 Miss. Admin. Code Pt. 2701, R. 1.1 Pre-License Requirements: Conditions Precedent 18

30 Miss. Admin. Code Pt. 2701, R. 1.2 Application for Examination 19

30 Miss. Admin. Code Pt. 2701, R. 1.3 Administrator-in-Training / Preceptor 20

30 Miss. Admin. Code Pt. 2701, R. 1.4 Disqualification; Re-Application 22

30 Miss. Admin. Code Pt. 2701, R. 1.5 Examinations 23

30 Miss. Admin. Code Pt. 2701, R. 1.6 Subjects for Examinations and Continuing Education 24

30 Miss. Admin. Code Pt. 2701, R. 1.7 Grading Examinations 24

30 Miss. Admin. Code Pt. 2701, R. 1.8 Licenses 25

30 Miss. Admin. Code Pt. 2701, R. 1.9 Reciprocity or Endorsement 25

Chapter 2 Regulations

30 Miss. Admin. Code Pt. 2701, R. 2.1 Registration of Licenses 27

30 Miss. Admin. Code Pt. 2701, R. 2.2 Continuing Education: Programs and Requirements 29

30 Miss. Admin. Code Pt. 2701, R. 2.3 Rule 2.3

Certification of Program of Study for Federal Financial Participation as Provided Under Section 1908 of the United States Social Security Act 30

30 Miss. Admin. Code Pt. 2701, R. 2.4 Display of Licenses and Registration Certificates 31

30 Miss. Admin. Code Pt. 2701, R. 2.5 Notification of Change 31

30 Miss. Admin. Code Pt. 2701, R. 2.6 Duplicate Licenses 31

30 Miss. Admin. Code Pt. 2701, R. 2.7 The Management of More than One Nursing Home Prohibited 31

Chapter 3 Administrative Hearings

30 Miss. Admin. Code Pt. 2701, R. 3.1 Offenses 32

30 Miss. Admin. Code Pt. 2701, R. 3.2 Complaints 32

30 Miss. Admin. Code Pt. 2701, R. 3.3 Hearings 33

30 Miss. Admin. Code Pt. 2701, R. 3.4 Appeals 35

30 Miss. Admin. Code Pt. 2701, R. 3.5 Restoration and Reinstatement of Licenses 35

RULES AND REGULATIONS OF THE MISSISSIPPI STATE BOARD OF NURSING HOME ADMINISTRATORS

Chapter 1 Organization and Structure

30 Miss. Admin. Code Pt. 2701, R. 1.1 Source of Authority: Title

The Rules and Regulations herein contained constitute, comprise, and shall be known as the "Rules and Regulations of the Mississippi State Board of Nursing Home Administrators," and are hereby promulgated pursuant to the authority granted to, and imposed upon, the said Board under and pursuant to the provisions of the State licensing statute (Sections 73-17-1 et seq. of the Mississippi Code of 1972, Annotated).

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(Rev. 2008).

30 Miss. Admin. Code Pt. 2701, R. 1.2 General Definitions

A. Whenever used in these Rules and Regulations, unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated:

(1) "Nursing Home Administrator" or "administrator" means any individual who is charged with the general administration of a nursing home, whether or not such an individual has an ownership interest in such home and whether or not the functions and duties are shared with one or more other individuals.

(2) "General administration of a nursing home" shall mean the duties of administrative performance and the making of day-to-day decisions involved in the planning, organizing, directing, and/or controlling of a nursing home. In the performance of day-to-day operations, the administrator shall be full-time (i.e., forty (40) hours per week or more) and spend at least five (5) days a week, eight (8) hours per day on the premises and a major portion of that time shall be during the normal work week when the key personnel are on duty (i.e., Monday - Friday).

(3) "Nursing home" or “long-term health care facility” means a place, either governmental or private, either profit or nonprofit, which provides group living arrangements for four (4) or more persons who are unrelated to the

operator and who are being provided food, shelter and personal care, and which employs at least one (1) registered nurse or licensed practical nurse. The term "nursing home" or “long-term health care facility” does not include hospitals, clinics, and other institutions devoted primarily to providing medical service.

(4) "Act" means the Nursing Home Administration Act of 1970, being sections 73-17-1 through 73-17-15 of the Mississippi Code of 1972, Annotated, and amendments thereto.

(5) "Board" means the Mississippi State Board of Nursing Home Administrators.

(6) "Person" means an individual and does not include the terms firm, corporation, association, partnership, institution, public body, joint stock association or any other group of individuals.

(7) "Administrator-in-Training" is an individual, registered with the Board, who is pursuing the prescribed program required by the Board under these Rules and Regulations. (See Part 2703, Chapter 1, Rule 1.3)

(8) "Preceptor" means a full-time practicing Nursing Home Administrator certified to serve as such, in the prescribed program required by the Board under these Rules and Regulations. (See Part 2703, Chapter 1, Rule 1.3)

(9) "NAB" means the National Association of Boards of Examiners of Long Term Care Administrators.

(10) "NAB Examination" is one of the required examinations for license as a nursing home administrator. The Mississippi State Board of Nursing Home Administrators contracts with NAB to develop the exam, as well as to set forth procedures for administration and the scoring of the exam. The "NAB Examination" is administered by the computer based method.

(11) "Endorsement" means reciprocity as described in Mississippi Code Ann. 73-17-11.

(12) “Direct management responsibility over one or more nursing homes” means an individual who has supervisory control over one or more nursing home administrators of one or more nursing facilities and has authority to substitute his or her judgment for that of the administrator of record in the day-to-day operation of the facility.

History

• Source: Miss. Code Ann. Sections 73-17-5 and 73-17-7(2)(Rev. 2008).

30 Miss. Admin. Code Pt. 2701, R. 1.3 Board of Nursing Home Administrators A

Composition The Board shall consist of seven (7) members in addition to the state health officer or his designee, as outlined in Section 73-17-7 of the Act.

B. Meetings

(1) The Board shall meet regularly at least once every calendar quarter.

(2) The Chairman, or Vice-Chairman acting for and in the absence of the Chairman, may call special meetings thereof when, in his judgment, circumstances or functions of the Board require it.

(3) Upon written petition of a simple majority of the members of the Board, the Chairman, or Vice-Chairman acting for and in the absence of the Chairman, shall call a special meeting for the purposes cited in said petition.

C. General Powers

(1) The Board shall exercise such powers as provided by the laws of this state pertaining to the licensing and registration of nursing home administrators.

(2) From time to time the Board may make and publish such rules and regulations not inconsistent with the Act and other applicable laws as it may deem necessary and proper for the execution and enforcement of the laws and rules and regulations governing the licensing and registration of nursing home administrators.

D. Officers and Duties

(1) The Board shall elect annually from its members a Chairman and a Vice-Chairman. The terms of said officers shall commence on July 1, and end on June 30 of the following year.

(2) The Chairman shall preside at all meetings of the Board, and shall sign all official documents of the Board. In the absence of the Chairman, the Vice-Chairman shall preside at the meetings, and perform all duties

usually performed by the Chairman.

(3) Should the office of Vice-Chairman be vacated, the majority of the Board shall elect a Vice-Chairman.

(4) The Board shall employ an Executive Director who shall not be a member of the Board.

(5) In addition to the duties imposed by law, the Executive Director shall: a. attend all meetings of the Board;

b. keep a full, complete record of the minutes of said meetings;

c. notify the members of the Board of the time and place fixed for meetings of the Board;

d. prepare and circulate to the members of the Board a written agenda approximately five (5) days prior to each meeting;

e. maintain the records pertaining to licensees and registrants and the Rules and Regulations;

f. Conduct all routine correspondence of the Board;

g. issue all notices of meetings and hearings;

h. have custody of all books, records, and property of the Board;

i. annually, within sixty (60) days of the end of the fiscal year, submit books to the State Audit Department for an audit;

j. distribute any audit results, on receipt, to all members of the Board for review;

k. receive all monies payable to the Board, disburse funds, and keep such financial records as are approved by the Board;

l. be bonded as set forth in Section 73-17-7 (4) of the Act; and

m. perform all duties pertaining to the office of Executive Director.

(6) The Chairman shall be authorized to appoint any committee he

deems necessary.

E. Oral Proceedings on Proposed Rules

(1) Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Department pursuant to S25-43-3.104.

(2) When Oral Proceedings will be Scheduled on Proposed Rules. The Department will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

(3) Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Department and signed by the requestor(s).

(4) Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

(5) Presiding Officer. The Commissioner or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

(6) Public Presentation and Participation.

(a) At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

(b) Persons wishing to make oral presentations at such a proceeding shall notify the Department at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not

previously contacted the Department.

(c) At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

(d) The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(e) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

(f) There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant's time where the orderly conduct of the proceeding so requires.

(7) Conduct of Oral Proceeding.

(a) Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Department for the proposed rule; (iii) call on those individuals who have contacted the Department about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participants' comments; (v) adjourn the proceeding.

(b) Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-

making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

(c) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Department and are subject to the Department's public records request procedure.

(d) Recording. The Department may record oral proceedings by stenographic or electronic means.

F. Declaratory Opinions

(1) Scope. These rules set forth the Mississippi State Board of Nursing Home Administrators' (MSBNHA), hereinafter MSBNHA, rules governing the form and content of requests for declaratory opinions, and the MSBNHA's procedures regarding the requests, as required by Mississippi Code S25- 43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

(2) Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the MSBNHA by following the specified procedures. "Substantial interest in the subject matter" means: an individual, business, group or other entity that is directly affected by the MSBNHA's administration of the laws within its primary jurisdiction. "Primary jurisdiction of the agency" means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

(3) Subjects Which May Be Addressed in Declaratory Opinions. The MSBNHA will issue declaratory opinions regarding the applicability to specified facts of:

(1) a statute administered or enforced by the MSBNHA or

(2) a rule promulgated by the MSBNHA. The MSBNHA will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency.

(4) Circumstances In Which Declaratory Opinions Will Not be Issued. The MSBNHA may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(a) lack of clarity concerning the question presented;

(b) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(c) the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(d) the facts presented in the request are not sufficient to answer the question presented;

(e) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(f) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected be the statute or rule on which a declaratory opinion is sought;

(g) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

(h) the question presented by the request concerns the legal validity of a statute or rule;

(i) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past

conduct in an effort to establish the effect of that conduct;

(j) no clear answer is determinable;

(k) the question presented by the request involves the application of a criminal statute or a sets of facts which may constitute a crime;

(l) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(m) The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

(n) A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice or law.

(o) Where issuance of a declaratory opinion may adversely affect the interests of the State, the MSBNHA or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

(p) The question involves eligibility for a license, permit, certificate or other approval by the MSBNHA or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

(5) Written Request Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the MSBNHA.

(6) Where to Send Requests. All requests must be mailed, delivered or transmitted via facsimile to the MSBNHA. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests or email requests will be accepted for official opinions.

(7) Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

(8) Question Presented. Each request shall contain the following:

(a) a clear and concise statement of all facts on which the opinion is requested; (b) a citation to the statute or rule at issue;

(c) the question(s) sought to be answered in the opinion, stated clearly;

(d) a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

(e) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

(f) a statement to show that the person seeking the opinion has a substantial interest in the subject matter.

(9) Time for MSBNHA's Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the MSBNHA shall, in writing:

(a) issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

(b) decline to issue a declaratory opinion, stating the reasons for its action; or (c) agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request; The forty-five (45) day period shall begin running on

the first State of Mississippi business day on or after the request is received by the MSBNHA, whichever is sooner.

(10) Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the MSBNHA may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

(11) Notice by MSBNHA to third parties. The MSBNHA may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

(12) Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be made available for public inspection and copying in accordance with the Public Records Act and the MSBNHA's public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

(13) Effect of a Declaratory Opinion. The MSBNHA will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the MSBNHA and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the MSBNHA shall be binding only on the MSBNHA and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

G. Public Records

All public requests to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Mississippi State Board of Nursing

Home Administrators (Board) must be submitted in writing to: Mississippi State Board of Nursing Home Administrators, 1755 Lelia Drive, Suite 305, Jackson, Mississippi 39216. This rule is not intended to apply to any record or other document, which is exempted or privileged under the provisions of the Mississippi Public Records Act.

The written request must be typed or clearly handprinted on a letter size piece of paper and must specify in detail the public record(s) sought. The request must include a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. No verbal or telephone requests for records will be accepted.

Under the Public Records Act, documents that are exempt from public access to records include, but are not limited to, personnel records, appraisal records, attorney communications and work products of attorneys, academic records, third party confidential, commercial or financial information, licensure applications and examination records, and individual tax records.

The Board, upon receipt of any public records request, shall review same and determine whether the records sought are exempt or privileged by law and shall either produce the records or allow access to records or deny access to or production of the records sought within seven (7) working days of the receipt of the request by the Board. If the Board is unable to produce a public record by the seventh working day after the request is made, the Board will provide the requester with a written explanation stating that the record requested will be produced and specify the reason why the records cannot be produced within the seven-day period. Unless there is mutual agreement between the Board and the requester, the date of production of the requested record will be no later than fourteen (14) working days from the Board’s receipt of the original public record request.

When a request for information is made for documents furnished to the Board by a third party, the Board will give notice of the request to the third party as required by the Public Records Act. Third party information will not be released without the prior written consent of the third party authorizing the release of the information and/or until the third party has been provided with notice of the public records request and an opportunity to seek a court order protecting such records from public review. No third party information will be released by the Board if the third party obtains a court order prohibiting the disclosure of such information.

All inspection, copying or mechanical reproduction shall be done in the offices

of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld. If the Board determines that the records requested are exempt or privileged under the law, the request shall be denied and the person making the request will be provided a statement of the specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years from the date such denials are made.

Public records of the Board will be made available at the Board office during regular hours (8:00 a.m. through 5:00 p.m., Monday through Friday) by appointment.

The requester must pay the Board in advance for the cost of searching, obtaining from storage, reviewing, shipping and/or duplicating the requested records. Such payment must be sufficient to cover the actual costs to the Board of complying with the public records request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front and back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice being given to a third party, the cost of mailing such notice to the third party shall be charged to the requester. Cost of obtaining records from any state storage facilities and the search for the records shall be charged to the requester. If the actual cost of a public records request exceeds the estimated cost provided to the requester, the requester will be required to pay the Board the difference between the amounts paid in advance by the requester and the actual cost of supplying the record to the requester.

Payment by the public records requester must be made by money order or certified check.

The Board has also established a schedule of standard fees for frequently requested documents and information, directory or labels of licensed Nursing Home administrators, and electronically accessible data. The schedule of standard documents and fees is listed below.

H. Fee Schedule

All fees and costs are to be paid by check, cashier’s check, money order, or credit card to the Board, with the appropriate form or request attached, unless

otherwise specified. All fees and costs are non-refundable.

Application Fees: Administrator-in-Training Application (incl. State Study Pkt) $250.00 Endorsement/Reciprocity Application (incl. State Study Pkt) $250.00 Reinstatement Application $250.00 Temporary Permit Application $225.00

License Fees:

Renewal Fee $550.00 Renewal Late Fee $150.00 Temporary Permit Fee $50.00 Reinstatement Fee $550.00

Continuing Education Fees: Sponsor Fees:

1-6 hours $200.00 An additional $30.00 fee for each hour or portion

therof above the 6 CE hours $30.00 Each additional presentation of same program $100.00 Individual Request Fee Preceptor Precepting an A.I.T. Individual Request Fee $50.00 $30.00 per hour requested Fee for Release of Licensure Information to Another State Board $50.00 (Endorsement Questionnaire)

Administer Two Facilities Request Fee $200.00 Duplicate Large License $50.00 Duplicate Small License $25.00 ID Card Replacement $25.00 State Test Fee $150.00 State Study Packet $50.00 (Designed for preparation for the State Test)

Preceptor Certification Program Fee – three weeks prior

(both days) $400.00 (one day only) $300.00 Preceptor Certification Program Fee (both days) $425.00 (one day only) $325.00 Preceptor Program Notebook Replacement $100.00 Change of Information Research/Return Fee $25.00

per incident Returned Check Fee $50.00 Directory of Licensed Administrators $100.00 (Emailed Excel Spreadsheet) Rules and Regulations Cost of Duplication

Miss. Code Ann. Sections 25-41-5(2), 25-41-11 and 25-41-13(1)(Rev. 2010); Miss. Code Ann. Sections 25-43-2.103, 25-43-2.104 and 25-43-3.104(Rev. 2010); and Miss. Code Ann. Sections 25-61-1 through 25-61-12(Rev. 2010).

History

• Source: Miss. Code Ann. Sections 73-17-7, 73-17-11(3) and (4) and 73-17-17-15(1)(Rev. 2008);

30 Miss. Admin. Code Pt. 2701, R. 1.4 Applicability, Legal Effect, Separability

A. Every rule, regulation, order, and direction adopted by the Board shall state the date on which it takes effect and a copy thereof signed by the Chairman of the Board, and shall be filed as a public record in the office of the Board and in the office of the Secretary of State.

B. The Rules and Regulations of the Board are intended to be consistent with the applicable Federal and State laws and shall be construed, whenever necessary to achieve such consistency.

C. In the event that any provision of these Rules and Regulations is declared unconstitutional or invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of these Rules and Regulations shall not be affected thereby.

D. These Rules and Regulations shall not affect pending actions or proceedings, civil or criminal, but the same may be prosecuted or defended in the same manner and with the same effect as though these Rules and Regulations had not been promulgated.

E. The Board shall furnish one (1) copy of these Rules and Regulations and any amendment thereof, without charge to each licensed nursing home administrator. Additional copies shall be made available at a nominal cost.

F. Prior to the adoption, amendment, or repeal of any rule, the Board shall give at least ten (10) days' notice of its intended action to all registered nursing home administrators. The notice shall be mailed to the last known address of each registered nursing home administrator. The notice shall be effective when mailed by the Board, whether it is actually received by the person entitled to notice or not. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved and the time when, the place where, and the manner in which registered nursing home administrators may present their views thereon.

G. If the Board finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than ten (10) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days, but the adoption of an identical rule as a permanent part of these Rules and Regulations is not precluded.

H. No rule adopted on or after August 1997, is valid unless adopted in substantial compliance with this Section, provided however, that the inadvertent failure to mail notice to any person as provided in this Section shall not invalidate any rule adopted hereunder.

I. An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. The Board shall prescribe the form for petitions and the procedure for their submission of a petition. The Board shall either deny the petition in writing, stating the reason for the denial, or shall initiate rulemaking proceedings.

J. In addition to the above, the rules or parliamentary procedure as laid down in "Robert's Rules of Order, Newly Revised" shall govern all meetings of the Board.

K. These revised Rules and Regulations shall take effect the First Day of August, 2002, and shall replace those Rules and Regulations previously effective July 1,

1975, and amendments thereto by Board action November 21, 1975, April 6, 1976, July 1, 1976, July 1, 1977, May 10, 1978, May 16, 1979, July 1, 1979, November 20, 1980, May 14, 1981, February 10, 1983, July 1, 1983, April 12, 1984, May 24, 1984, March 14, 1986, April 14, 1987, July 1, 1988, June 20, 1989, December 12, 1990, September 10, 1991, October 1, 1992, August 15, 1993, May 25, 1995, May 15, 1997, July 15, 1997, August 25, 1997, January 1, 2000, February 1, 2000, July 1, 2000, November 1, 2000, July 1, 2001, December 1, 2001, March 1, 2002, Sept. 1, 2002, February 6, 2003, September 1, 2003, March 1, 2004, April 1, 2006, January 1, 2007, October 1, 2007, April 1, 2008, June 1, 2008, December 1, 2008, March 1, 2009, July 24, 2009, September 1, 2009, March 1, 2010, June 1, 2010, June 30, 2011

History

• Source: Miss. Code Ann. Section 73-17-7(2)(Rev. 2008); and Miss. Code Ann. Section 25-43- 3.108(Rev. 2010).

Part 2703 Licensure, Regulations, and Administrative Hearings

Chapter 1 Licensure

30 Miss. Admin. Code Pt. 2703, R. 1.1 Licensure Requirements for Nursing Home Administrators

A. Licensure Requirements

From and after July 1, 2012, 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:

(1) Is at least twenty-one (21) years of age;

(2) Is of good moral character.

(3) Is in good health

(4) Meets one of the following educational and/or experiential requirements for licensure:

(a) Has sixty-four (64) semester hours of academic college work from an accredited institution and has worked in a full-time (i.e., 40 hour per week) supervisory capacity in a Mississippi- licensed nursing home for a minimum of two (2) consecutive years immediately prior to or preceding the date on which the application for the Administrator-in-Training Program prescribed by Part 2703, Chapter 1, Rule 1.3 is made or received by the Board. For the purpose of meeting the educational requirements of this paragraph, quarter hours will be converted into semester hours by the current standard conversion rate according to Institutions of Higher Learning (IHL);

(b) Has an associate degree from an accredited institution and has worked in a full-time (i.e., 40 hours per week) supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) consecutive years immediately prior to or preceding the date on which the application for the Administrator-in- Training Program established by Part 2703, Chapter 1, Rule 1.3 is received by the Board;

(c) Has a bachelor's degree in health care administration or a

health care related field or business from an accredited institution before making application for the Administrator-in-Training Program established by Part 2703, Chapter 1, Rule 1.3;

or

Has a bachelor's degree in any other field of study from an accredited institution before making application for the Administrator-in-Training Program established by Part 2703, Chapter 1, Rule 1.3;

(d) For the purposes of licensure, the academic program must be accredited by an institution recognized by the Council for Higher Education Accreditation (CHEA).

(5) Causes:

(a) a criminal records check that has been performed on the applicant to be sent directly to the Board’s administrative office directly from the employing institution. This document must be signed and notarized; or

(b) a state and federal criminal background to be sent to the Board’s administrative office directly from the appropriate governmental agency.

The applicant shall be responsible for the payment of any fees or costs associated with the state and federal criminal record checks. Such costs or fees shall be paid by the applicant to the agency completing the record check. Criminal record checks must have been performed on the applicant within six (6) months immediately prior to the filing of the Administrator- in-Training Program Application or the Endorsement Application or a new criminal record check shall be required.

(6) Meets one of the following clinical requirements –

(a) Has completed the Administrator-in-Training Program prescribed by Part 2703, Chapter 1, Rule 1.3;

or

(b) Has completed a Board approved Administrator-in-

Training Program in Long-Term Care Administration from an academic institution during which time the institution held National Association of Long-Term Care Administrator Board (NAB) Program Approval through the Academic Approval process,

(7) Has pursuant to the Board’s standards developed consistent with Mississippi Code Ann. 73-17-9(a), has completed a Domains of Practice course to the satisfaction of the Board, pursuant to Part 2703, Chapter 1, Rule 1.3.

(8) Has pursuant to the Board’s standards developed consistent with Mississippi Code Ann. 73-17-9(a), has completed a 2-day training course with the Office of Licensure and Certification, Department of Health, to the satisfaction of the Board, pursuant to Part 2703, Chapter 1, Rule 1.3.

(9) Has successfully passed the National Association of Long-Term Care Administrator Board (NAB) examination and the Mississippi State Board of Nursing Home Administrators examination at the then current passing score.

(10) Submits payment of the application, license and other applicable fees prescribed in Part 2701, Chapter 1, Rule 1.3.H and

(11) Has met all of the requirements required by Section 73-17-11 of the Mississippi Code of 1972, as amended.

(12) Request for Pre-Licensure Determination. An individual may request the Board for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a judgement of conviction and a fee of $25.00.

(a) Disqualifying Crimes Felony

(i) An individual may be denied a license or permit based on a felony conviction. A felony conviction includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre.

(ii) Directly Related to Licensure Practice. Crimes involving fraud or theft. Nursing Home Administrators often have unfettered access to individuals’ privileged information,

financial information, and valuables, including medications, money, jewelry, credit cards/checkbook, and sentimental items. Nursing Home Administrators also provide services, working night and weekend shifts at nursing homes where there is often no direct supervision. Clients in these settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a nursing home administrator. When a nursing home administrator has engaged in criminal behavior involving physical misconduct, fraud or theft in the past, the Board is mindful that similar misconduct may be repeated in nursing homes, thereby placing clients and the public at risk.

(iii) Misdemeanor. The admission of multiple convictions, including misdemeanor convictions may be used to determine if an individual shall be denied a license or permit.

(b) Determination Notification

(i) Time for Response. The licensing authority or its designee shall issue a written determination notification to the individual within 30 days from the board’s receipt of the individual’s request.

(ii) Standing. The individual shall be provided one of the following responses:

1. Insufficient Information. If the individual’s request contains insufficient information, the licensing authority or its designee will notify the individual that a determination cannot be made at this time as to the individual’s standing or whether or not the criminal record will disqualify the individual from obtaining a license.

2. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following: • Grounds and reasons for denial or disqualification. • The right to a hearing; • The earliest date to reapply for a license; • Evidence of rehabilitation may be considered upon reapplication.

(c) Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee’s decision.

(d) Notice of Hearing. The licensing authority or its designee shall provide in writing to the individual the time, date and nature of the hearing pursuant to the Board’s statutory provisions, rules and regulations.

B. Applicants for Licensure by Endorsement for Individuals Licensed in Other States

(1) An individual licensed in good standing as a nursing home administrator in another state may qualify for licensure as a nursing home administrator if his or her educational, training and administrative experience are equal to or exceeds the requirements specified in Rule 1.1.A.(1) – (6) of Chapter 1, Part 2703 of these Rules and Regulations, and has passed both the National Association of Long-Term Care Administrator Board (NAB) examination and the Mississippi State Board of Nursing Home Administrators State examination at the then current passing score.

(2) The Board, subject to the law pertaining to the licensing of nursing home administrators may at its discretion, endorse a nursing home administrator license issued by the proper authorities of any other state, upon payment of the biennial license fee, the application fee and all other applicable fees prescribed in Rule 1.3.H. of Chapter 1, Part 2701, and submission of evidence satisfactory to the Board that:

(a) The applicant provides satisfactory evidence of completion of at least a 1,040 hour A.I.T. program in the State of original license, or provide satisfactory evidence of completion of an A.I.T. Program as specified in Rule 1.3.B. of Chapter 1, Part 2703; (b) Applicant must have successfully passed the NAB Exam with the then current passing score of the date of his or her initial license;

(c) Applicant successfully passed the Mississippi State Board of Nursing Home Administrators State Exam within one hundred twenty (120) days after Board approval;

(d) Applicant has not had a license revoked or suspended in any state from which he or she has received a nursing home administrator license; and

(3) A temporary permit to practice as a nursing home administrator in Mississippi may be issued to an individual applying for a Mississippi nursing home administrator license for the facility in which the permit is issued who meets the following conditions:

(a) Submits supporting documentation showing that he or she meets the licensing requirements found in Rule 1.1.B. of Chapter 1, Part 2703 and pays all required fees;

(b) Holds a current and unencumbered nursing home administrator license, which is in good standing, in at least one other state;

(c) Submits a formal request, along with the Application, documenting the circumstances that created the need for a temporary permit, as well as the temporary permit fee.

(d) Submits satisfactory proof from each state board that has issued him or her a nursing home administrator license at any time in the past:

(i) that there has been no formal discipline taken against the license;

(ii) that the applicant received an acceptable NAB Exam Scale score with the then current passing score of the date of his or her initial license;

(iii) that the applicant either successfully completed a 1,040 hour A.I.T. Program, or provide satisfactory evidence of completion of an A.I.T. Program as specified in Rule 1.3.B of Chapter 1, Part 2703.

(e) In no case shall a temporary permit be issued to an individual for a period longer than three (3) months. (f) In no case shall an individual nursing home facility be administered by a nursing home administrator holding a “temporary permit” for more than three (3) months in one (1) calendar year.

(4) Under a declared state of emergency lawfully declared by either Federal, State or Local government, an administrator who holds a valid license in good standing in another state, may be eligible to work as the administrator of record in a Mississippi nursing home facility after he or she submits to the Board office:

(a) a picture I.D.;

(b) proof of a current nursing home administrator

license which is valid and in good standing in another state;

(c) a completed 1 page Application designed for this purpose;

The authority to work under these emergency conditions will be for a maximum period of sixty (60) days.

C. Military Family Freedom Act. All requirements

The issuance of a nursing home administrator’s license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

D. Universal Recognition of Occupational Licenses and Temporary Practice Permits or Persons Who Establish Residence in this State

All requirements of 73-50-2 shall be met where applicable.

(1) This Board shall make all reasonable efforts to issue a license to an applicant for licensure under this section upon completion of a completed application.

(2) An applicant will not be prohibited for applying for licensure under the existing licensure requirements established by the Board.

(3) A license issued under this section is valid only in Mississippi and it does not make the person eligible to work in another state under an interstate compact or reciprocal agreement unless otherwise provided by Mississippi law.

E. Burden of Proof for Licensure Applicants

It is the responsibility of the applicant to demonstrate that he or she meets the requirements for licensure set forth in Mississippi Nursing Home Administrators Law of 1970, as amended, and the Rules and Regulations of the Board.

Code Ann. Section 73-50-1, 73-50-2, 73-77-9.

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(a), (b), (c) and (g)(Rev. 2008); and Miss. Code Ann. Section 73-17-11 (Supp. 2011); and Miss. Code Ann. Section 73-50-2 and; Miss.

30 Miss. Admin. Code Pt. 2703, R. 1.2 Application(s)

A. Administrator-in-Training (A.I.T.) Application

An applicant for the A.I.T. Program shall file a written or electronic application, on the forms prescribed and furnished by the Board, pay all applicable fees, and furnish evidence satisfactory to the Board that he or she has met all licensure requirements as specified in Rule 1.1.A.(1) – (6) of Chapter 1, Part 2703 of these Rules and Regulations. The application form is available from the Board office or the Board website.

The applicant shall submit to the Board the following:

(1) satisfactory proof of age, which must accompany the application;

(2) letters from three (3) references, who shall certify to the good moral character of the applicant, and shall be from individuals who have engaged in either business or professional work with the applicant, but shall not be related by blood or marriage;

(3) a statement, which must accompany the application from the applicant's physician as to the health of the applicant, specifically, his or her physical ability to perform the duties of a nursing home administrator;

(4) a finished unmounted recent photograph of himself or herself for identification. This photograph must be attached to the application, must not be less than 2" x 3" in size and must be signed by the applicant on the back;

(5) a transcript, bearing the official seal of the educational institution, which must be submitted to the Board office directly from the institution, for the purpose of documenting successful completion of college credits by the applicant;

(6) if applicable, a signed statement from the applicant’s current nursing home administrator describing the duties the applicant has performed, the number of employees he or she has supervised, and any other information concerning the applicant’s work experience for at least the past two (2) consecutive years immediately prior to making application with the Board.

(7) payment for the current application fee in the amount set forth on the application to cover the costs associated with processing the application. The fee which is non-refundable, must accompany the A.I.T. application.

(8) Satisfactory proof that: (a) a criminal records check that has been performed on the applicant to be sent directly to the Board’s administrative office directly from the employing institution. This document must be signed and notarized; or

(b) a state and federal criminal background to be sent to the Board’s administrative office directly from the appropriate governmental agency.

The applicant shall be responsible for the payment of any fees or costs associated with the state and federal criminal record checks. Such costs or fees shall be paid by the applicant to the agency completing the record check. Criminal record checks must have been performed on the applicant within six (6) months immediately prior to the filing of the Administrator- in-Training Program Application or the Endorsement Application or a new criminal record check shall be required.

(9) if the applicant has at any time held a certification or license, he or she must provide satisfactory proof that no formal discipline has been taken against any and all of those certifications or licenses.

(10) a completed Certificate of Employment form and A.I.T./ Preceptor Agreement form, or proof of completion of an equivalent A.I.T. program in Long Term Care Administration from an academic institution as stated in Part 2703, Chapter 1, Rule 1.1A.(6)(b). The appropriate document must accompany the application.

B. Endorsement Application

An applicant for licensure by Endorsement shall file a written or electronic application on forms prescribed and furnished by the Board, pay the applicable fees, and furnish evidence satisfactory to the Board that he/she has met all licensure requirements specified in subsections (1) – (6) of Rule 1.1. Rule 1.1.B(1) – (2) and in subsections (1) – (9) of Rule 1.2.A. of Chapter 1, Part 2703.

The applicant shall also furnish the Board with:

(1) satisfactory proof that the applicant completed an A.I.T. Program as specified in Rule 1.3.B., Chapter 1, Part 2703;

(2) satisfactory proof of a current nursing home administrators license in at least one (1) other state and that there has been no formal discipline taken against any license in any state the applicant has held a license;

(3) satisfactory proof that the applicant is employed or will become employed in a Mississippi nursing home. The applicant shall attach to the application a completed Certificate of Employment form; and

(4) satisfactory proof of the applicant’s NAB Examination Score which must consist of a Scale Score of at least 113.

C. Temporary Permit Application

An applicant requesting a temporary permit in the state of Mississippi shall file a written or electronic application on forms provided by the Board, pay the applicable fees, and furnish evidence satisfactory to the Board that he or she has met all licensure requirements specified in subsections (1) – (6) of Rule 1.1.A., Rule 1.1.B.(1) – (3), subsections (1) – (9) of Rule 1.2.A., Rule 1.2.B.(1) – (4) of Chapter 1, Part 2703 of these Rules and Regulations. The applicant must furnish the Board with a written explanation, with supporting documentation,that clearly justifies why the temporary permit is needed.

D. Applications for Licensure

After compliance with all of the requirements of Rule 1.1.A., B., and/or C., as applicable, of Chapter 1, Part 2703, the applicant shall file with the Board a written or electronic Application for Licensure, signed under penalty of perjury, on the form prescribed by the Board and provide such other information as the Board may require. Only complete applications shall be presented to the Board for approval. A complete application shall include all information requested on the form, the applicable fee(s), and all materials required by the Board for verification that the applicant meets all licensure requirements.

The basic requirements for suitability set forth herein above are to be considered minimal and may not be waived.

E. The Board may designate a time and place at which an applicant may be required to present himself for inquiry as to his suitability as provided for herein.

The applicant shall be required to meet all the requirements of this and all other applicable laws and rules as prerequisite to sitting for the examinations as identified in Part 2703, Chapter 1, Rule 1.5.

All application fees are non-refundable and must accompany all applications at the time of filing with the Board. No applications will be considered until the applicable fees are paid.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(b) and (d)(Rev. 2008); and Miss. Code Ann. Section 73-17-11 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 1.3 Administrator-in-Training Programs

Applicants who seek licensure as a Nursing Home Administrator must meet one of the following program requirements:

A. Administrator-in-Training (A.I.T.) and Preceptor Program

(1) Administrator-in-Training

(a) After Board action is taken to approve the applicant's qualifications, as set forth in Part 2703, Chapter 1, Rule 1.1, the applicant must be employed by the facility and engaged as a full- time practicing Administrator-in-Training in a licensed nursing home in Mississippi for a minimum period of six (6) consecutive months as evidenced by a properly executed and notarized Certificate of Employment. The Certificate of Employment must be submitted with the Application packet. Upon approval by the Board or its designee, the A.I.T. Program may be extended by up to two (2) months. Under no circumstances shall the time to complete the A.I. T. Program extend beyond eight (8) months after the beginning of the A.I.T. Program. An A.I.T. failing to complete the A.I.T. Program within eight (8) months after beginning the Program must reapply and, if accepted by the Board, must begin the A.I.T. Program anew pursuant to Rule 1.3, Chapter 1, Part 2703.

(b) The A.I.T. program is a forty (40) hour per week program (Monday – Friday between the hours of 7:00 a.m. - 7:00 p.m. or otherwise approved by the Board) that must include a minimum of eight (8) hours per week under the close, personal, and direct supervision of a certified preceptor. Direct supervision means in-person oversight by an approved preceptor on the premises of the nursing home facility at which the intern performs his or her A.I.T. training program or on the premises of the nursing home at which the preceptor is employed. If due to no fault of the A.I.T., his or her preceptor becomes unable to complete the six month program as agreed, due to a job change, illness, etc., the A.I.T. shall immediately notify the Board office and will be given four weeks to secure another preceptor and submit the proper A.I.T. Preceptor Agreement Form. The Agreement shall cover the remaining period of time in order to complete the full six month program (1,040 hours). The A.I.T. and the former Preceptor must also submit a letter to the Board that clearly explains the reason(s) why the individual can no longer serve as the A.I.T.’s Preceptor.

(c) Within ten days of beginning an Administrator-in-Training program, a Program Outline must be forwarded to the Board. Monthly reports documenting learning experiences and activities related to the Administrator-in-Training program are

to be submitted to the Board on established forms no later than the 15th day of the following month. Any required form or report which is received thirty (30) days after the end of the reporting period will result in the internship being terminated.

(d) An Administrator-in-Training may not sit for the Nursing Home Administrators National Examination unless he/she has completed the six (6) months training and completed a Board approved training course covering the Domains of Practice for Nursing Home Administrators.

(e) Following completion of the six (6) months Administrator-in-Training program, and prior to receiving a regular license, the trainee shall successfully pass such tests as required by the Board to determine if he or she has received training and experience consistent with guidelines established by the Board.

(f) Prior to receiving a license, the Administrator-in-Training must complete a two-day training course with the Office of Licensure & Certification, Mississippi Department of Health.

(g) Failure to successfully complete licensing requirements within eighteen months after beginning the A.I.T. program will result in the loss of all accomplishments and fees.

(2) Preceptor

(a) The Preceptor must hold either: i) a Nursing Home Administrator license in Mississippi and have three (3) consecutive years’ experience in Mississippi as an Administrator or Assistant Administrator in a licensed nursing home facility without a break in service of more than ninety (90) days and must obtain certification as a preceptor by the Board. ; or ii) an Administrator licensed in Mississippi and has three (3) consecutive years’ experience in Mississippi who has direct management responsibility over one or more nursing homes or one or more nursing home administrators without a break in service of more than ninety (90) days and currently must obtain certified certification as a preceptor by the Board; or iii) a Nursing Home Administrator licensed in Mississippi and have ten (10) or more years of experience in Mississippi as an Administrator, Assistant

Administrator, or an Administrator who has direct management responsibility over one or more nursing homes or more than one nursing home administrator and must obtain certification as a preceptor by the Board.

For licensed Administrators who have worked under a Temporary Permit, the three years will be calculated beginning the effective date of the temporary permit.

As used in this Rule, consecutive employment means the uninterrupted or continuous employment with a Mississippi licensed nursing home facility. The phrase “three (3) consecutive years of employment” means the three-year period immediately prior to or preceding the filing of the registration form with the Board to become a Preceptor. Continuous service (employment) shall cease if a person has a break in service. A person experiences a break in service (employment) when he or she is not employed in Mississippi as an Administrator in a licensed nursing home, Assistant Administrator in a licensed nursing home, or an Administrator who has direct management responsibility over one or more nursing homes or more than one administrator for more than ninety (90) days (during the three-year period prescribed by this Rule).

Where a person’s last three years of employment are not continuous because of a break in service or otherwise, the period of employment after the break in service (employment) will be treated as new employment and will not be counted toward the three (3) years of consecutive employment required by this Rule.

A Nursing Home Administrator will also be considered for preceptorship who has direct management responsibility over one or more nursing homes or more than one administrator for the three-year period of time set forth above; has completed Board-approved training for certification as a preceptor in Mississippi; and currently must obtain certified certification as a preceptor by the Board. *

No preceptor certification shall be issued or granted to any person who has had a disciplinary action taken against his or her professional license within the three (3) years prior to date on which his or her eligibility as a preceptor is considered by the Board; who has resigned or surrendered his or her professional license in lieu of disciplinary action or while under investigation or while disciplinary action is pending. The Board

may also refuse to grant a preceptor certification to an individual who has a pending or unresolved complaint or investigation against his or her license; who has disciplinary action, sanctions, order, or agreement pending or in effect against his or her professional license; and/or whose license is in any way restricted or otherwise subject to disciplinary action.

*Note: Preceptor Certification training is offered annually by the Board for nursing home administrators eligible to serve as preceptors in Mississippi. Preceptor certification is effective July 1 st for a period of two (2) years and is renewable biennially, as long as other criteria are met.

(b) A Preceptor who completes a preceptorship within a biennial licensure period may be allowed five (5) hours of continuing education credit for precepting one (1) A.I.T. or ten (10) hours of continuing education credit for precepting two (2) A.I.T.s within that same biennial period. To be eligible for the credit, the preceptor must maintain documentation of the persons trained, number of hours supervised, subject matter and dates of training. No preceptor may receive more than ten (10) hours of credit per renewal period under this Rule. The fees associated with this cost are set forth in Part 2701, Chapter 1, Rule 1.3.H.

(c) The A.I.T. experience must be guided by a training plan developed by the Nursing Home Administrator Preceptor. The Preceptor shall give close, personal, and direct supervision to the trainee for a minimum of eight (8) hours per week. Direct supervision means oversight by an approved preceptor on the premises of the nursing home facility at which the intern performs his or her A.I.T. training program or on the premises of the nursing home at which the preceptor is employed. The preceptor must be readily available to assist and answer questions at least eight (8) hours per week and available at least by telephone at all other times. The preceptor may be off the premises for limited periods of time for conferences, vacancies and similar events but still must be available by phone, not to exceed an average of more than one day per week.

(d) The Preceptor must complete a written evaluation of the trainee after a three (3) month and a six (6) month training period.

The evaluation form must include the following: length of training period, description of training activities, evaluation of trainee's performance, trainee's evaluation of training received, and

signatures of the Preceptor and trainee. The evaluation forms must be received in the Mississippi Board's office within fifteen (15) calendar days of the completed training period. Any required form or report which is received in the Board’s office thirty (30) days after the end of the applicable reporting period will result in the internship being terminated.

(e) The Preceptor must have no more than two (2) Administrators-in- Training concurrently for any Preceptor experience.

(f) The Preceptor in order to be eligible for recertification must meet the same qualifications as set forth in Part 2703, Chapter 1, Rule 1.3.A.(2) If his or her position or responsibility has changed since last certification, consideration will be given for recertification only if the Preceptor has direct management responsibility over one or more nursing homes and meets all other conditions as set forth in these Rules and Regulations.

B. Administrator-in-Training Program (Endorsement). An Applicant who applies for licensure by endorsement must provide proof of one of the following:

(1) The applicant must provide the Board with verification that he or she has completed at least a 1,040 hour A.I.T. program in the State from which he or she is licensed; or

(2) The applicant must provide the Board with ten (10) years of verified full- time qualifying experience as a licensed Nursing Home Administrator in a licensed nursing home in the state(s) from which he or she seeks endorsement; or

(3) The applicant must provide the Board with two (2) years out of the past three (3) years of verified experience as a licensed Nursing Home Administrator in a licensed nursing home in the state(s) from which he or she seeks endorsement. The three (3) years must be immediately prior to the date on which the application is filed with the Board.

H. Fee Schedule

All fees and costs are to be paid by check, cashier’s check, money order, or credit card to the Board, with the appropriate form or request attached, unless otherwise specified. All fees and costs are non-refundable.

Application Fees: Administrator-in-Training Application (incl. State Study Pkt) $325.00 Endorsement/Reciprocity Application (incl. State Study Pkt) $325.00 Emergency Permit Application (incl. State Study Pkt) $325.00 Universal Recognition of Occupational Licenses and Temporary Practice Permits of Persons Who Establish Residence in this State (UROLA) Application (incl. State Study Pkt) $325.00 Reinstatement Application $325.00 Temporary Permit Application $300.00 Universal Recognition of Occupational Licenses and Temporary Practice Permits of Persons Who Establish Residence in this State Temporary Permit (UROLA) Application $300.00

License Fees: Renewal Fee $550.00 Renewal Late Fee $150.00 Temporary Permit Fee $100.00 UROLA Temporary Practice Permit Fee $100.00 Reinstatement Fee $550.00

Continuing Education Fees: Sponsor Fees:

Distance Learning (1 – 2 hours) Distance Learning (2.25 – 6 hours) In-person (1-6 hours) $200.00 $250.00 $250.00 An additional $40.00 fee for each hour or portion

therof above the 6 CE hours $40.00

Each additional presentation of same program $150.00

Individual Request Fee $75.00

Fee for Release of Licensure Information to Another State Board $75.00 (Endorsement Questionnaire)

Administer Two Facilities Request Fee $300.00 Duplicate Large License $50.00 Duplicate Small License $25.00 ID Card Replacement $25.00 State Test Fee $225.00 State Study Packet $75.00

(Designed for preparation for the State Test)

Preceptor Certification Program Fee – three weeks prior

(both days) $450.00 (one day only) $350.00 Preceptor Certification Program Fee (both days) $475.00 (one day only) $375.00 Preceptor Program Notebook Replacement $100.00 Change of Information Research/Return Fee $35.00

per incident Returned Check Fee $50.00 Directory of Licensed Administrators $100.00 (emailed Excel spreadsheet)

Rules and Regulations Cost of duplication

2008); Miss. Code Ann. Sections 25-41-5(2), 25-41-11 and 25-41-13(1)(Rev. 2010); Miss. Code Ann. Sections 25-43-2.103, 25-43-2.104 and 25-43-3.104(Rev. 2010); and Miss. Code Ann. Sections 25-61-1 through 25-61-12(Rev. 2010).

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(a), (b), and (g)(Rev. 2008).
• Source: Miss. Code Ann. Sections 73-17-7, 73-17-11(3) and (4) and 73-17-17-15(1)(Rev.

30 Miss. Admin. Code Pt. 2703, R. 1.4 Disqualifications; Re-Application

A. An applicant for licensure who has been disqualified shall be given written notification by the Board of his/her disqualification and the reasons therefor and of his/her right to a hearing.

B. An applicant for licensure who has been disqualified may petition the Board in writing within thirty (30) days of notification of disqualification for a hearing and a review of his/her application.

C. Any person aggrieved by a decision of the Board in granting or refusing to grant a license, or aggrieved by an order, rule, or regulation of the Board, shall have the right to appeal to the chancery court of the county of the residence of the aggrieved party in the manner provided by law for appeals from administrative decisions.

D. When an applicant for licensure has been disqualified, he/she may submit a new application for licensure; however, he/she shall be required to meet the requirements for licensing as shall be in force at the time of such re-application.

Section 73-17-15 (Supp. 2011).

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(c)(Rev. 2008); and Miss. Code Ann.

30 Miss. Admin. Code Pt. 2703, R. 1.5 Examinations

In order to be eligible to sit for the examinations for licensure as a nursing home administrator, the applicant must meet all the requirements in Part 2703, Chapter 1, Rule 1.1, 1.2, and 1.3 hereinabove, and provide to the Board evidence of such completion, including but not limited to, Application for License as required in Part 2703, Chapter 1, Rule 1.2; evidence of satisfactory completion of an Administrator-in-Training program pursuant to Part 2703, Chapter 1, Rule 1.3; and evidence of completion of a Domains of Practice course, pursuant to Part 2703, Chapter 1, Rule 1.3.

A. Each applicant for license must successfully complete the NAB Examination and the State Examination.

B. In conjunction with NAB, the Board shall determine the subjects for examination of applicants for licensing as a nursing home administrator, and the scope, content, form, and character of such examinations, and shall provide the examination to applicants who have met the qualifications hereinabove. The NAB Examination cost is determined by NAB and the testing service. Testing costs are paid directly to NAB.

The NAB Examination must be scheduled by the applicant for licensure.

The State Examination will be administered at such times and places as designated by the Board. The contents and substance of the examination shall be the same for all applicants for licensure.

C. Prior to sitting for the examinations, the applicant shall pay the applicable examination fees as determined by current national and state testing services.

D. For those applicants who have satisfied their A.I.T. requirement by academic credentials as identified in Part 2703, Chapter 1, Rule 1.1 and 1.2, they will be eligible for the NAB and State examinations, assuming all other requirements herein have been met.

E. Reexamination. An applicant may retake the NAB Examination or any portion thereof no sooner than ninety (90) days after an unsuccessful attempt to pass the exam or any portion thereof. The State Examination may be administered no sooner than thirty (30) days after an unsuccessful attempt to pass the exam. If an

applicant shall fail either exam three (3) times, he/she shall wait one (1) calendar year before submitting a new application.

Following the close of every examination, a permanent record stating in detail the results of the examination for each candidate shall be kept by the Board.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(a) and (b)(Rev. 2008); and Miss. Code Ann. Section 73-17-11 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 1.6 Subjects for Examinations and Continuing Education

A. Every applicant for license as a nursing home administrator shall meet the requirements for licensure as set forth in the Act and Part 2703, Chapter 1, Rule 1.1 of these Rules and Regulations, which include successfully passing written examinations. Such examinations shall be designed to test the proficiency and knowledge of the applicant for license in the area of nursing home administration. The following areas of study shall be considered by the applicant as guidelines in preparing for such examinations:

(1) Customer Care, Support, and Services

(2) Human Resources

(3) Finance

(4) Environment

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(a), (d), and (g)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 1.7 Grading Examinations

A. Every candidate for a nursing home administrators license shall be required to pass an examination to be administered by the Board and which was prepared by the National Association of Boards of Examiners for Nursing Home Administrators.

The NAB test is divided into two sections (Core of Knowledge and NHA Line of Service). Every candidate must successfully pass each section.

B. Passing Score for the NAB Examination will be as set by the National Association of Long Term Care Administrators Boards.

C. In addition to the foregoing examination, the Board may adopt and approve an examination to be administered by the Board, and upon such approval, said

examination shall be considered a part of the examination which all applicants for licensure as nursing home administrators must pass. This examination shall be known as the State Examination.

Passing point for the State Examination is at least 75% of the questions answered correctly.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(b) and (c)(Rev. 2008); and Miss. Code Ann. Section 73-17-11 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 1.8 Abandonment of Application(s)

A. An application shall be deemed abandoned when:

(1) Applications for the A.I.T. Program and Applications for Licensure by Individuals Licensed in Other States which remain incomplete after one (1) calendar year from the date of filing with the Board will be considered abandoned and the individuals seeking licensure shall be required to reapply with the Board.

(2) An applicant fails to begin the A.I.T. program within ninety (90) calendar days from the date of Board approval to enter the program.

(3) The applicant fails to submit the applicable Application for Licensure, signed under penalty of perjury, on a written or electronic form prescribed by the Board and submits the license fee within sixty (60) calendar days after the date of notification by the Board is mailed.

B. Fees paid in connection with an abandoned application shall not be refunded.

C. An application submitted subsequent to the abandonment of a previous application shall be treated as a new application. The applicant must reapply by submitting a new application in compliance with all of the requirements in effect at the time of reapplication including the requirements for qualification for training, examination, fees and licensure that exist at the time of the new application.

D. An applicant whose application has been deemed abandoned may again become eligible for examination or re-examination upon filing a new application, and paying new fees, and meeting all other licensure requirements.

Rule 1.9. Licenses

A. An applicant for license as a nursing home administrator who has successfully

complied with the requirements of these Rules and Regulations shall be issued a license on a form provided for that purpose by the Board.

B. Any license issued by the Board shall be under signature of the Chairman and shall bear the seal of the Board.

Section 73-17-11 (Supp. 2011).

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(a)(Rev. 2012).
• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(c)(Rev. 2008); and Miss. Code Ann.

Chapter 2 Regulations

30 Miss. Admin. Code Pt. 2703, R. 2.1 Registration of Licenses

A. Every person who holds a valid license as a nursing home administrator issued by the Board shall immediately upon issuance thereof be deemed registered with the Board and shall be issued a certificate of registration which shall expire biennially June 30. The registration fee for the initial registration with the Board shall be the pro rata portion of the biennial registration fee which is set forth in the application for license as a nursing home administrator which represents the portion of the biennial period in which the initial registration is effective.

B. If a nursing home administrator files an application with the Board for a new certificate of registration on or before June 30, his/her prior certificate of registration shall remain in effect until the Board has acted on his/her application for a new certificate of registration.

C. If a nursing home administrator does not file an application with the Board for a new certificate of registration on or before June 30, the Board may revoke his/her license after due notice and an opportunity to be heard at a formal hearing. The opportunity to be heard at a formal hearing shall be deemed to have been waived by the Board for a new certificate of registration on or before June 30, unless such administrator petitions the Board in writing within thirty (30) days of the mailing of the notice by the Board for a formal hearing.

D. Upon making an application for a new certificate of registration, such licensee shall fulfill the following:

(1) pay biennial registration fee which is set forth in the application for a new certificate of registration;

(2) submit evidence satisfactory to the Board that during the biennial period immediately preceding such application for registration, he/she has completed Continuing Education programs or courses of study as provided for in Part 2703, Chapter 2, Rule 2.2 of these Rules and Regulations.

E. Upon receipt of such application for registration, the registration fee, and the

information required with respect to continuing education, the Board may issue a certificate of registration to such nursing home administrator which shall be under the signature of the Chairman.

F. Only an individual who has qualified as a licensed and registered nursing home administrator and who holds a valid registration certificate pursuant to the provisions of these Rules and Regulations for the current biennial registration period shall have the right and privilege of using the title "Nursing Home Administrator" and/or the abbreviation "N.H.A." after his/her name.

G. The Board shall maintain a file on all applications for licensure and registration of nursing home administrators, which file shall show:

(1) The date of application;

(2) Name of applicant;

(3) Date of birth;

(4) Address of applicant;

(5) Name and address of current employer or business connection of each applicant;

(6) Education and experience data;

(7) License number and registration certificate issued to applicant;

(8) The date on which the Board reviewed and acted upon the application; and

(9) Such other pertinent information as may be deemed necessary.

H. The Board shall maintain a register of all licenses.

I. Re-registration (1) A nursing home administrator whose Mississippi license expired within the past three (3) years may apply for relicensure provided the applicant obtains continuing education credit as determined by the Board.

(2) A nursing home administrator whose Mississippi license expired exceeding three (3) years but no more than five (5) years may be considered for relicensure provided he/she:

a. complies with all Rules for licensure in effect at time of reapplication, and,

b. serves an internship under an approved preceptor for a period of at least twelve (12) weeks, and,

c. successfully passes the State Test.

(3) A nursing home administrator whose Mississippi license expired more than five (5) years prior to making application for relicensure must apply according to Rules in effect at time of reapplication.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(g) and 73-17-11(3) and (4)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.2 Continuing Education: Programs and Requirements A

Pursuant to Section 73-17-9 (g) of the Act, it shall be the function and duty of the Board to devise and implement an educational program designed to increase the proficiency of nursing home administrators and to assist otherwise qualified individuals to prepare for careers in nursing home administration. The purpose of continuing education review is to provide a standard and uniform method of evaluating the continuing education activities required for maintenance of licensure of nursing home administrators.

(1) the program must be registered with the Board on forms provided by the Board;

(2) the programs must include areas of study selected from the subjects listed in Part 2703, Chapter 1, Rule 1.6 of these Rules and Regulations related to long-term or health care administrators;

(3) the program must be open to all licensed administrators wishing to register and attend;

(4) approved sponsors are required to submit to the Board an alphabetical listing of all licensed nursing home administrators in attendance. A photocopy of all sign-in pages must accompany the typed listing;

(5) a. the program must be submitted to the Board for approval at least thirty (30) calendar days prior to the anticipated registration of licensees in the course of study.

b. Individual requests will be reviewed when submitted at least thirty (30) calendar days prior to the program being held. A maximum of ten (10) hours will be accepted from individually approved programs per 2-year licensure period.

c. An administrator who holds a nursing home administrator license in Mississippi and one or more additional states simultaneously, and is working in another state, may renew his/her MS license by receiving credit for continuing education hours earned from programs that have been approved by the state board in which he/she is working.

(6) A three-hour semester course in an approved institution of higher learning within the guidelines for areas of study may be accepted as meeting twenty (20) clock hours of continuing education. A limitation of one three-hour semester course per licensure period will apply, that is approved prior to or during the course of study.

(7) Programs which have received approval by NCERS (the National Board's Review Service for Continuing Education) will be acceptable for licensure renewal requirements for nursing home administrators licensed in MS, including self-study courses and distance learning courses. A maximum of twenty (20) hours will be accepted for each individual program or course approved by NCERS. No administrator will receive credit for more than twenty (20) hours earned from self- study and distance learning courses per 2- year licensure period approved by NCERS.

Any sponsor or sponsors found certifying to an untruth will no longer be considered as providing acceptable programs of study.

B. Each nursing home administrator shall complete at least forty (40) classroom or clock hours of continuing education or its equivalent under an approved Continuing Education program each 2-year period. A minimum of twenty (20) hours shall be earned from Board approved courses.

C. For new administrators licensed within a biennial period, this requirement shall be prorated at 1.5 hours per month.

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(d) and (g)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.3 Rule 2.3

Certification of Program of Study for Federal Financial Participation as provided under Section 1908 of the United States Social Security Act

Programs of study will be certified by the Board in a manner consistent with the requirements of the Federal Government in order to qualify for Federal financial participation.

History

• Source: Miss. Code Ann. Section 73-17-7(2)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.4 Display of Licenses and Registration Certificates

Every person licensed as a nursing home administrator actively engaged in the profession shall display such license and certificate of annual registration in a conspicuous place in the office or place of business or employment of such licensee.

History

• Source: Miss. Code Ann. Section 73-17-7(2) and 73-17-9(d)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.5 Notification of Change

Every licensed nursing home administrator shall immediately within seven (7) days notify in writing, or electronically through the Board’s secure website, the office of the Mississippi State Board of Nursing Home Administrators of any and all changes in name, address, position, and other information originally submitted on their application.

History

• Source: Miss. Code Ann. Section 73-17-7(2) and 73-17-9(d) (Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.6 Duplicate Licenses

Upon receipt of satisfactory evidence that a license or certificate of registration has been lost, mutilated, or destroyed, the Board may issue a duplicate license or certificate upon such conditions as the Board may prescribe, and upon payment of a fee of Fifty Dollars ($50.00).

History

• Source: Miss. Code Ann. Section 73-17-7(2)(Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 2.7 The Management of More than One Nursing Home Prohibited

No administrator shall administer more than one nursing home, except temporarily in the event an administrator dies, becomes incapacitated, or resigns unexpectedly and the owner, manager, or governing body is unable to employ a licensed nursing home administrator immediately. However, a licensed administrator may administer two facilities with separate provider numbers within the same building, which share the same management and staff, without making a request of the Board under the "Administer Two Facilities" criteria.

A nursing home facility with an administrator vacancy shall apply to the Board for an exception to allow a licensed administrator to serve as acting administrator of a second facility until a licensed nursing home administrator can be employed. Such application shall state the acting

administrator's name, his place of employment, circumstances creating the need for a temporary arrangement and the period for which it is needed. Said application shall be verified by the acting administrator and the owner or manager of the nursing home. The two facilities shall be within one hundred (100) miles of each other. If the nursing home facility’s request is granted, the Board will issue a temporary authorization for the nursing home administrator to serve as acting administrator of the facility.

If Board approval is granted to administer two facilities, the nursing home administrator is fully responsible, both legally and in practice, for both facilities. The nursing home administrator must spend at least half-time, i.e. sixteen (16) hours per week (Monday - Friday during normal business hours) on-site at each facility.

Governing bodies of nursing homes shall be allowed ten (10) days from time of administrator vacancy to submit a plan to correct deficiency.

All authorizations shall expire at the end of ninety (90) days. One ninety (90) day extension may be granted at the discretion of the Board. In no case shall temporary arrangements exceed six (6) months. Failure to comply will result in the Office of Licensure and Certification being notified of such.

For purposes of this rule:

i) A nursing home facility is limited to one authorization and one extension of authorization in a single calendar year; and ii) A nursing home administrator is limited to one authorization and one extension of authorization in a single calendar year.

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(d)(Rev. 2008).

Chapter 3 Offenses / Dispositions

30 Miss. Admin. Code Pt. 2703, R. 3.1 General, Criminal Offenses, and Investigations

A. General

This rule specifies a procedure for the investigation and resolution of complaints and administrative actions concerning nursing home administrators, administrators-in-training (A.I.T.), and permit holders.

B. Criminal Offenses

It shall be an offense punishable as a misdemeanor for an individual to:

(1) perform the duties of a nursing home administrator after July 1, 1970, without a valid license issued hereunder;

(2) provide any false information, either written or oral, incident to either an application for a license hereunder or the renewal of a license hereunder, or a hearing held under the provisions of the Mississippi Nursing Home Administrators Law of 1970, as amended;

(3) employ knowingly an unlicensed individual to perform the duties of a nursing home administrator.

C. Investigations

The Board is authorized to investigate or cause to be investigated either on the basis of complaints filed with it, or on its own initiative, instances of suspected violations of any of the provisions of the law pertaining to the licensing of nursing home administrators or the Rules and Regulations of the Board pertaining thereto, including, but not limited to:

(1) providing false information to the Board incident to either an application for license, an application for a new certificate of registration, a hearing or otherwise;

(2) maladministration, which includes by way of illustration, but is not limited to: (a) practicing fraud, deceit, or misrepresentation in the capacity of a nursing home administrator; (b) willful falsification, destruction or theft of property or records relative to the practice of nursing home administration; (c) committing acts of misconduct in the operation of a nursing home; (d) advertising in a fraudulent, misleading, or deceptive manner; (e) failure to exercise true regard for the safety, health and life of patients; (f) unauthorized disclosure of information relating to a patient or his records; and (g) paying, giving, causing to be paid or given, or offering to pay, or giving to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home patronage, or accepting such payment;

(3) unethical conduct, which includes by way of illustration, but is not limited to: wrongfully transferring or surrendering possession, either temporarily or permanently, of a license or certificate of registration as a nursing home administrator to any other person;

(4) incompetence, which includes by way of illustration, but is not limited to: habitual drunkenness, addiction to the use of narcotic drugs, unsound mental health, and being physically unable to perform any and all duties of the administrator to ensure the health and safety of all residents;

(5) conviction of a felony; and

(6) unprofessional conduct, which includes but is not limited to, doing any act which reflects unfavorably upon a licensee under the law or these Rules and Regulations.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13 (Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.2 Complaint Procedures

All investigations will be conducted fairly and objectively, observing all rights of due process, confidentiality and an individual right of response and defense.

A. Receipt of a Complaint

A complaint may be submitted to the Board by a person, member of the Board, firm, organization, or entity on a complaint form. A complaint must be in writing and must be signed and certified as to its truthfulness by the person or entity offering the complaint. The Board also may file a complaint based on information in its possession.

B. Content of a Complaint

The complaint must contain at least: i) the name and address of the nursing home administrator, A.I.T., permit holder, or party against whom the complaint is lodged; ii) the date of each transaction or event which is the subject of the complaint; iii) a description of the alleged violation which prompted the complaint; iv) the name of any person or party who may be a witness to the complaint; and v) documentation in support of the complaint.

C. Anonymous Complaint

An anonymous complaint will not be accepted.

D. Notice of a Complaint

Upon receipt of the sworn complaint against a nursing home administrator licensee, A.I.T., or permittee:

(1) The complaint will be referred by the Executive Director to the investigating Board member.

(2) A copy of the complaint shall be sent to the last known address on file with the Board for the licensee or party named in the complaint along with a request for a written response to the complaint. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, A.I.T., or permittee in question for his or her

written comment, and he or she shall submit a written response to the Board within twenty (20) days of the date of such correspondence, or waive the right to do so. A complaint will be presumed to be received no later than three (3) calendar days after the date of mailing.

Requests for comment on complaints sent to licensees, A.I.T.s, or permittees shall be considered properly served when sent to their last known address. The licensee, A.I.T., or permittee is responsible for keeping the Board informed of his or her current address.

(3) Upon receipt of the written response of the party who is the subject of the complaint, a copy of the response shall be sent to the complainant. The complainant shall have ten (10) calendar days from the date of receipt to submit a written reply with the Board to the response.

E. Exceptions to Disclosure

Notwithstanding any other provision in these rules, the party named in a complaint will not be required to receive notice of the complaint filing, or a copy of the complaint, or any related investigatory evidence prior to the notice of contemplated action, if the Complaint Committee determines that disclosure may impair, impede, or compromise the efficacy or integrity of the investigation of the complaint.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.3 Reviews & Investigations by Complaint Committee

A. Review of a Complaint

(1) After the receipt of a complaint and the expiration of the period for the response, the Complaint Committee, described in Part 2703, Chapter 3, Rule 3.9, shall consider the complaint, responses, and complainant's reply to the responses and other relevant material available and make a recommendation to the Board. The Complaint Committee shall also determine whether there is enough evidence to warrant a formal investigation of the complaint.

(2) The Complaint Committee shall determine if there is a reasonable basis to believe the licensee, A.I.T., or permittee engaged in conduct identified as grounds for disciplinary or adverse action under Mississippi Nursing Home Administrators Law of 1970, as amended, and the Rules and Regulations of the Board.

(3) If the Complaint Committee determines there is not a reasonable basis to believe in misconduct, the Complaint Committee will recommend that the complaint be dismissed by the Board and thereafter notify the complainant and the licensee, A.I.T., or permittee of the outcome of the complaint.

(4) If, the Complaint Committee determines that a complaint warrants formal investigation, then the Complaint Committee shall investigate the matter.

B. Investigation of a Complaint

(1) After notice and an opportunity to be heard, the Board may impose any of the sanctions, singularly or in combination, authorized by the Mississippi Nursing Home Administrators Law of 1970, as amended, for any violation of the Law and/or any of the rules and regulations governing nursing home administrators.

(2) Upon completion of a formal investigation, the Complaint Committee shall consider the facts regarding the complaint. The Committee shall review the investigative report, supporting documents, and make a recommendation to the Board.

(3) When in the opinion of the Complaint Committee a complaint warrants the issuance of a formal complaint against the licensee, A.I.T., or permittee, then the Complaint Committee shall recommend such action to the Board in accordance with Part 2703, Chapter 3, Rule 3.4.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.4 Disposition of Complaints

A. Settlement

The Board, at any time, may offer or accept a proposal for informal resolution of the complaint or disciplinary action.

B. Board Review

Upon review and consideration, the Board shall vote upon the proposed recommendation(s) of the Complaint Committee and either uphold, reverse, or modify the recommendation(s).

C. Board Action

The Board may take any action with regard to a complaint which is within its authority and which is within the law, including referring the complaint to another licensing board or appropriate authority for further action.

D. Specific Board Sanctions

(1) Revocation of the license.

(2) Suspension of the license, for any period of time.

(3) Refusal to issue a license.

(4) Denial of an application for a license.

(5) Written reprimand to the licensee.

(6) Placement of a licensee on probationary status and/or take any other action as appropriate.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13 (Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.5 Settlement by Informal Proceedings

A. Purpose

The Board or the Complaint Committee may enter into informal proceedings with the party who is the subject of the complaint for the purpose of resolving the matter appropriately.

B. Informal Conferences

To facilitate the disposition of a complaint, the Board or the Complaint Committee may provide an opportunity for a party to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. No prejudice shall be attached to the licensee, A.I.T., or permittee for failure to attend a conference pursuant to a request.

C. Consent Order

An agreed or consent order reached through the stipulation or settlement process shall be signed by the party who is the subject of the complaint and, if applicable, his or her legal representative and approved by the Board.

No proposed settlement, consent agreement, voluntary surrender of a license, or other proposal for the resolution of a pending complaint or disciplinary action shall be effective unless approved by the Board and executed by the Board and the licensee, permittee, or A.I.T. No Board member is presumed to be biased and shall not be excused from participating in the adjudication and deliberation of a case or action based solely on the reason that the member considered a proposed settlement, consent agreement, or other proposal for resolution of a pending disciplinary or licensure action.

Code Ann. Section 73-17-15 (Supp. 2011).

History

• Source: Miss. Code Ann. Sections 73-17-3, 73-17-7(2), and 73-17-13(Rev. 2008); and Miss.

30 Miss. Admin. Code Pt. 2703, R. 3.6 Administrative Proceedings

A. Case Summary

A case summary, including the alleged violations of the Mississippi Nursing Home Administrators Law of 1970, as amended, and the Rules and Regulations of the Board will be presented to the Board by the Complaint Committee along with the recommendation(s) for the disposition of the complaint. Reasonable attempts will be made to not disclose the identity of the licensee and the complainant by the Complaint Committee until the matter comes before the Board for hearing or final resolution.

B. Reasonable Cause

The Board’s review will include the case summary prepared by the Complaint Committee to determine if reasonable cause exists to issue a notice of contemplated action or notice of hearing and complaint.

C. Dismissal of a Complaint

If the Board determines that there is not reasonable cause for the issuance of a notice of contemplated action or notice of hearing and formal complaint, a certified letter from the Board will be sent within thirty (30) calendar days of the Board’s decision to the complainant and to the party named in the complaint. The letter will set forth the Board’s action and reason for its decision.

D. Notice and Service to Respondent

If the Board determines that there is sufficient evidence or cause to issue a complaint or notice of contemplated action, the formal notice and complaint shall be signed by the Executive Director and shall be served as required by Section 73- 17-15 of the Mississippi Code of 1972, as amended, to the party named in the complaint (the “Respondent”) at his or her last known address on file with the Board.

E. Presiding Hearing Official

All hearings shall be conducted by the Board or by a hearing officer designated by the Board.

(1) If a hearing officer is designated to hear a case, the hearing officer shall have the authority to decide pre-hearing matters, preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process and an efficient and orderly hearing and resolution of the case.

(2) If a hearing officer is not designated to preside over the case or if the hearing officer is unavailable or unable to proceed, the Board chair or other designee of the Board shall have the authority to decide pre-hearing or preliminary matters.

F. Filings

The original of any papers, pleadings or other documents shall be filed with the Board office. Each party must send copies to the hearing officer and attorneys or parties of record.

G. Continuances

No more than two (2) continuances of the hearing will be granted without the approval of the Board for good cause.

H. Recusal

Complaint Committee members who participate in the preparation of recommendations to the remaining Board members shall not participate further in any actions initiated by the Board against the licensee or party who is the subject of the complaint.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.7 Administrative Hearings

A. Pursuant to the Mississippi Nursing Home Administrators Law of 1970, Title 73, Chapter 17 of the Mississippi Code of 1972, as amended, every licensee, permit holder or applicant shall be afforded notice and an opportunity to be heard before the Board when the Board has cause to believe that he or she has violated any of the laws, rules, or regulations of the Board.

B. The Board’s Executive Director’s duties shall include:

(1) Issuing a notice of hearing and complaint or notice of contemplated action in the case.

(2) Executing notices, scheduling orders, and other routine procedural documents that facilitate the conduct of the administrative proceedings.

(3) Maintaining the official record of all papers and pleadings filed with the Board in any matter.

(4) Preparing, certifying, and filing with the appellate court the record of the case on appeal or review.

C. The hearing officer or the Board designee shall issue appropriate orders to control the course of the proceedings.

D. The hearing officer or the Board designee may order the filing of briefs or other documents in the proceedings.

E. A proposal to settle a matter shall not stay the proceedings or vacate the hearing date unless otherwise ordered by the hearing officer or the Board designee upon the filing of a timely motion for continuance.

F. At the conclusion of the hearing, a final decision and order shall be entered by the Board. A Board member hearing officer, the Board chair, or designated Board member shall have the authority to sign the written decision of the Board.

G. The Board’s Executive Director shall serve the decision of the Board on the licensee, permit holder, A.I.T., or applicant.

H. If a license or permit is restricted, suspended or revoked by the Board, the licensee shall immediately surrender his or her license to the Board as directed by the Board or the Board designee.

I. If the licensee’s scope of practice is restricted or limited or otherwise conditioned, the license may reflect such restriction, limitation or condition.

History

• Source: Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13 (Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.8 Unlicensed/Unauthorized Practice

If, in the opinion of the Board, an individual may be operating as a nursing home administrator, A.I.T., preceptor, or permittee without appropriate license/credentials, then the Board may take

any one (1) or a combination of the following actions:

A. Issue a letter ordering that person to cease and desist from operating as a nursing home administrator, A.I.T., preceptor, or permittee, as applicable;

B. Forward information to the appropriate law enforcement entity with a request that appropriate action be taken pursuant to law; or

C. Initiate action for injunctive relief to stop the unauthorized practice or action.

Code Ann. Section 73-17-15 (Supp. 2011).

History

• Source: Miss. Code Ann. Sections 73-17-3, 73-17-7(2), and 73-17-13(Rev. 2008); and Miss.

30 Miss. Admin. Code Pt. 2703, R. 3.9 Complaint Committee

A. Purpose

The Complaint Committee is formed to investigate complaints and disciplinary matters before the Board. This Committee shall:

(1) Be selected from members of the Board on a rotating basis alphabetically by last name;

(2) Review a complaint or investigative report; and

(3) Participate in informal proceedings to resolve a formal complaint.

B. Composition

The Complaint Committee shall be composed of at least two (2) persons, including the Executive Director and the investigating Board member, who may be assisted by counsel to the Board.

C. Other Assistance

The Complaint Committee may retain the services of experts, consultants, investigators or other persons determined to be necessary to assist in the processing and investigation of the complaint.

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and (4) and 73-17-9(e) (Rev. 2008).

30 Miss. Admin. Code Pt. 2703, R. 3.10 Appeals

Appeals shall be perfected in accordance with the applicable Statute.

History

• Source: Miss. Code Ann. Section 73-17-7(2)(Rev. 2008); and Miss. Code Ann. Sections 73-17- 15(3) and (4)(Supp. 2011).

30 Miss. Admin. Code Pt. 2703, R. 3.11 Restoration and Reinstatement of Licenses

A. A license may be restored after revocation by the Board upon submission of evidence satisfactory to the Board that the applicant for such restoration of license has met all requirements by the Board for being reinstated to active license.

B. Upon such application for restoration of a license, the Board may grant the applicant a formal hearing.

C. If a conviction be subsequently reversed on appeal and the accused acquitted or discharged, his or her license shall become active from the date of such acquittal or discharge.

History

• Source: Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(a), (b) and (c)(Rev.2008).

BOARD OF POLYGRAPH EXAMINERS BOARD OF POLYGRAPH EXAMINERS

Part 1401 Polygraph Examiners Board Compilation

Chapter 1 Rules and Regulations

30 Miss. Admin. Code Pt. 1401, R. 1.1 References Section 5, Paragraph (a), Polygraph Examiners Act, 1968, (S.B

1987), the following rules, resolutions, regulations, directives, approvals, and agreements, pertaining to the general requirements for the licensing of polygraph examiners, and to the standards to be observed by polygraph examiners in the conduct of polygraph examinations, reflect the will of the Board of Professional Polygraph Examiners of the State of Mississippi and were adopted and recorded in the minutes of the Board on the dates cited.

RE: Section 73-29-5 of THE MISSISSIPPI CODE OF 1972 Section 5: (a) The Board shall issue regulations consistent with the provisions of this act, for the administration and enforcement of this act and shall prescribe forms, which shall be issued in connections therewith.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 1.2 General Rules and Regulations

(1) A list of Board rules, resolutions, regulations, directives, approvals, and agreements, pertaining to the general requirements for the licensing of the polygraph examiners, and to the standards to be observed by polygraph examiners in the conduct of the polygraph examinations, shall be published the distributed to all currently licensed Mississippi polygraph examiners and to all applicants for licenses, as a Mississippi polygraph examiner. (2/24/73)

(2) Approval of Polygraph Schools: American Polygraph Association approved schools. (5/20/77)

(3) Internship Requirements: Applicants for internship licenses shall submit an internship instructor questionnaire. Any approved school or examiner, licensed in the State of Mississippi, may administer the internship program, upon approval of this Board, until such time as said school or examiner demonstrates its or his inability to administer such program. (4/19/69)

(4) Written Examinations and Completion of Internship:

(a) Written examinations required, before being licensed as an intern examiner, at the discretion of the Board; excluding those applicants from States holding reciprocity agreements with Mississippi. (2/24/73)

(b) Upon completion of the internship period, the intern and sponsor shall petition the Board to consider applicant for full examiner status.

(c) The intern shall then appear before the Board, for an oral review of his progress and understanding of the polygraph technique and the Polygraph Examiners Act. (Unless specifically waived by Board)

(5) Renewal of License: All applicants for renewal of license, at the discretion of the Board, may be required to appear for a written or oral examination; if complaints have been made against him, regarding his ethics, alleged violations of the Board’s regulations, or his competency to serve as a polygraph examiner. The original certificate of license and wallet-size license shall remain the property of the State of Mississippi, and shall be returned to this Board, at such time this license is not renewed, is suspended, or revoked. (2/24/73) (4/27/79)

(6) Anyone holding a Mississippi polygraph license or applicant for a Mississippi polygraph license, may be requested to meet with this Board, to furnish such documents and/or information, as required by said Board, answering questions as to his competency as a polygraph examiner, or answer charges of violations of this Polygraph Examiners act or rules and regulations of this Board.

(7) Executive Secretary authorized to sign, renew and process the wallet size license is approved by Board. (2/10/69)

(8) Certified military polygraph examiners, with a minimum of two (2) years experience, shall be licensed under Section (11) of the Polygraph Examiners Act. (11/10/78)

(9) Upon request, furnish board with certification that applicant has not conducted any polygraph examinations in the State of Mississippi. (5/13/78)

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 1.3 Code Of Operating Procedure For Polygraph Examiners

(1) All polygraph charts should be marked with appropriate stimulus markings, question identification markings, and answer markings, at the point and place the question was asked and answer given.

(2) Any polygraph charts, question sheet, signed subject agreement to submit to the examination, written reports, examiner opinions, or any other pertinent papers, shall be attached together and maintained for a minimum period of two (2) years, following the examination; and shall be available to the Board and/or its representative, upon request of the Board.

(3) The polygraph examiner shall not question any subject on his or her sexual behavior, or ask any question that can be construed as being sexually oriented, unless the topic is a specific issue and he or she has been advised of this. Any examination of a criminal nature shall be exempt from the provision of this paragraph.

(4) The polygraph examiner shall not abuse any subject and shall conduct himself in a professional manner.

(5) All out-of-state license holders, who do not maintain an office in the State of Mississippi, shall register their Mississippi polygraph license with the Secretary of State, Jackson, Mississippi.

(6) No polygraph examiner shall polygraph any person under the age of 12.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 1.4 Polygraph Examiner Internship Rules And Regulations

The following rules and regulations pertaining to the internship program, under the Mississippi Board of Polygraph Examiners Act, Senate Bill No. 1987, shall be and are hereby designated the rules and regulations of this Board.

(1) Primary Intern: (Minimum of Twelve (12) months)

Applicant meeting the requirements of Section 7 of the Polygraph Examiners Act, but not having completed an approved polygraph examiner school. (Schedule of training requirements available, upon request.)

(2) Advanced Intern: (Minimum of six (6) months)

(a) An applicant meeting the requirements of Section 7 of the Polygraph Examiners Act, and,

(b) Having completed an approved polygraph school, and,

(c) Having passed a written examination administered by the Board of Polygraph Examiners or its designated representative.

(3) Advanced Intern Training and Supervision:

(a) Completion of American Polygraph Association approved polygraph examiner school.

(b) Or completion of primary internship program.

(c) Passing State polygraph examination with score of 70% or better. Applicants failing examination may retake such examination, only after showing proof of additional studies under instructor, who has been approved by this Board, or an approved school. Any applicant failing examination for the third time shall not be eligible to take another examination, until the expiration of a one (1) year period from the last failed examination.

(d) Advanced intern may conduct polygraph examination without the direct supervision of instructor/sponsor.

(e) Each sponsoring polygraph examiner shall submit progress reports to the Board every thirty (30) days, on forms provide by the Board.

(f) Sponsor shall be reasonably available to assist advanced intern and answer questions. Meetings between the sponsor and intern shall be conducted every thirty (30) days, to discuss progress and complete reports, as required by Section 3, Paragraph (e). (Meetings may be waived by the Board, in the event the sponsor is an approved school.)

(4) Qualification For Instructors And Sponsors

(a) Polygraph examiner licensed by the State of Mississippi for a period of three (3) or more consecutive years* and,

(b) Polygraph examiner who has administered at least 500 examination during the past three (3) years.*

(c) Instructor shall be limited to three (3) interns under their supervision, at any one time (unless otherwise approved by this Board.)

(d) No examiner shall be approved as an instructor/sponsor, if this Board has received reliable information and/or has reason to believe that this individual is not adaptable for this duty.

(e) An applicant is encouraged to intern under an examiner located in his immediate geographic area.

*(The three (3) years and 500 examinations may be waived by the Board)

REVISED: December 1, 1994

(These rules and regulations may be revised periodically at the discretion of the Board of Professional Polygraph Examiners of the State of Mississippi.)

History

• Source: Miss. Code Ann. §73-29-9

Chapter 2 Organization of the MS Polygraph Examiner’s Board

30 Miss. Admin. Code Pt. 1401, R. 2.1 MS Polygraph Examiner’s Board Organization

The MS Polygraph Examiner’s Board is established under the following provisions in accordance to the MS Code Annotated Section 73-29-7:

(1) There is hereby established a polygraph examiners board consisting of three (3) members who shall be citizens of the United States and residents of the state for at least two (2) years prior to appointment and at the time of appointment are active polygraph examiners. No two (2) board members may be employed by the same person or agency. At least one (1) member must be a qualified examiner of a governmental law enforcement agency, and shall be the supervisor of the polygraph section of the department of public safety, and at least one (1) member must be a qualified polygraph examiner in the commercial field. The members shall be appointed by the governor of the State of Mississippi with the advice and consent of the senate for a term of six (6) years. The terms of office of members appointed to the initial board are one (1) for two (2) years; one (1) for four (4) years; and one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by appointment of the governor with the advice and consent of the senate for the unexpired term.

(2) The board shall elect a chairman, vice-chairman, and secretary from among its members.

(3) The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board.

(4) The members of the board shall receive Twenty-two Dollars and Fifty Cents ($22.50) per diem for each day spent in the actual discharge of their duties.

(5) The Department of Public Safety is hereby authorized to provide the board with an appropriate office and such administrative and clerical services as may be necessary to carry out the board’s responsibilities, including investigative and testing services, budgetary support and such other services and support deemed appropriate by the Commissioner of Public Safety.

History

• Source: Miss. Code Ann. §73-29-7

Chapter 3 Oral Proceedings/Public Comment Hearings

30 Miss. Admin. Code Pt. 1401, R. 3.1 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 3.2 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request. When an oral proceeding has not been scheduled by the MS Polygraph Examiner’s Board, an oral proceeding will be scheduled when a written request is submitted by a political subdivision, an agency, or ten (10) or more persons.

(1) Each request must be submitted on 8-1/2” x 11” white paper.

(2) The request may be in the form of a letter addressed to the MS Polygraph Examiner’s Board or in a form of a pleading as if filed with a court.

(3) Each request must include the full name, telephone numbers, and mailing address of the requestor (s).

(4) All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 3.3 Notice of Oral Proceedings

Notice of the date, time, and place of all oral proceedings shall be filed with the MS Polygraph Examiner’s Board. The MS Polygraph Examiner’s Board shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the MS Polygraph Examiner’s Board. The President of the MS Polygraph Examiner’s Board or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 3.4 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

(1) At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions.

(2) Persons wishing to make oral presentations at such a proceeding shall notify the MS Polygraph Examiner’s Board at least three (3) business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the MS Polygraph Examiner Board prior to the proceeding.

(3) At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

(4) The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(5) Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.

(6) Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceedings, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1401, R. 3.5 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the MS Polygraph Examiner’s Board, part of the rulemaking record, and are subject to the MS Polygraph Board’s record request procedure. The MS Polygraph Examiner’s Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. §73-29-9

Chapter 4 Declaratory Opinions

30 Miss. Admin. Code Pt. 1401, R. 4.1 Application of Chapter

This chapter sets forth the MS Polygraph Examiner’s Board’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the MS Polygraph Board’s procedures regarding the disposition of requests as required by Mississippi code § 73-29-39.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.2 Scope of Declaratory Opinions

The MS Polygraph Examiner’s Board will issue declaratory opinions regarding the applicability to specified facts of:

(1) A statue administered or enforceable by the MS Polygraph Examiner’s Board,

(2) A rule promulgated by the MS Polygraph Examiner’s Board, or

(3) An order issued by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.4 How to Submit Requests

When a person with substantial interest requests a declaratory opinion, the person must submit a printed, typewritten, or legibly handwritten request.

(1) Each request must be submitted on 8-1/2” x 11” white paper.

(2) The request may be in the form of a letter addressed to the MS Polygraph Examiner’s Board or in the form of a pleading as if filed with a court.

(3) Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

(4) All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

(5) Each request must clearly state that it is a request for declaratory opinion.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.5 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, compete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.6 Request Content Requirement

Each request must contain the following:

(1) A clear identification of the stature, rule, or order at issue;

(2) The question for the declaratory opinion;

(3) A clear and concise statement of all facts relevant to the question presented;

(4) The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number.

(5) A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.7 Reasons for Refusal of Declaratory Opinion Request

The MS Polygraph Examiner’s Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: (1) The matter is outside the primary jurisdiction of the MS Polygraph Examiner’s Board;

(2) Lack of clarity concerning the question presented;

(3) There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(4) The stature, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(5) The facts presented in the request are not sufficient to answer the question presented;

(6) The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(7) The requestor seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought;

(8) No controversy exists or is certain to arise which raises a question concerning the application of the statue, rule, or order;

(9) The question presented by the request concerns the legal validity of a statute, rule, or order;

(10) The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(11) No clear answer is determinable;

(12) The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;

(13) The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(14) A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or

(15) The question involves eligibility for a license, permit, certificate or other approval by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.8 Board Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the MS Polygraph Examiner’s Board shall, in writing:

(1) Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

(2) Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

(3) Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day on or after which the request is received by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1401, R. 4.9 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by requestor name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. §73-29-39

Part 1402 Polygraph Examiners Board Compilation

Chapter 1 Rules and Regulations

30 Miss. Admin. Code Pt. 1402, R. 1.1 References Section 5, Paragraph (a), Polygraph Examiners Act, 1968, (S.B

1987), the following rules, resolutions, regulations, directives, approvals, and agreements, pertaining to the general requirements for the licensing of polygraph examiners, and to the standards to be observed by polygraph examiners in the conduct of polygraph examinations, reflect the will of the Board of Professional Polygraph Examiners of the State of Mississippi and were adopted and recorded in the minutes of the Board on the dates cited.

RE: Section 73-29-5 of THE MISSISSIPPI CODE OF 1972 Section 5: (a) The Board shall issue regulations consistent with the provisions of this act, for the administration and enforcement of this act and shall prescribe forms, which shall be issued in connections therewith.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 1.2 General Rules and Regulations

(1) A list of Board rules, resolutions, regulations, directives, approvals, and agreements, pertaining to the general requirements for the licensing of the polygraph examiners, and to the standards to be observed by polygraph examiners in the conduct of the polygraph examinations, shall be published the distributed to all currently licensed Mississippi polygraph examiners and to all applicants for licenses, as a Mississippi polygraph examiner. (2/24/73)

(2) Approval of Polygraph Schools: American Polygraph Association approved schools. (5/20/77)

(3) Internship Requirements: Applicants for internship licenses shall submit an internship instructor questionnaire. Any approved school or examiner, licensed in the State of Mississippi, may administer the internship program, upon approval of this Board, until such time as said school or examiner demonstrates its or his inability to administer such program. (4/19/69)

(4) Written Examinations and Completion of Internship:

(a) Written examinations required, before being licensed as an intern examiner, at the discretion of the Board; excluding those applicants from States holding reciprocity agreements with Mississippi. (2/24/73)

(b) Upon completion of the internship period, the intern and sponsor shall petition the Board to consider applicant for full examiner status.

(c) The intern shall then appear before the Board, for an oral review of his progress and understanding of the polygraph technique and the Polygraph Examiners Act. (Unless specifically waived by Board)

(5) Renewal of License: All applicants for renewal of license, at the discretion of the Board, may be required to appear for a written or oral examination; if complaints have been made against him, regarding his ethics, alleged violations of the Board’s regulations, or his competency to serve as a polygraph examiner. The original certificate of license and wallet-size license shall remain the property of the State of Mississippi, and shall be returned to this Board, at such time this license is not renewed, is suspended, or revoked. (2/24/73) (4/27/79)

(6) Anyone holding a Mississippi polygraph license or applicant for a Mississippi polygraph license, may be requested to meet with this Board, to furnish such documents and/or information, as required by said Board, answering questions as to his competency as a polygraph examiner, or answer charges of violations of this Polygraph Examiners act or rules and regulations of this Board.

(7) Executive Secretary authorized to sign, renew and process the wallet size license is approved by Board. (2/10/69)

(8) Certified military polygraph examiners, with a minimum of two (2) years experience, shall be licensed under Section (11) of the Polygraph Examiners Act. (11/10/78)

(9) Upon request, furnish board with certification that applicant has not conducted any polygraph examinations in the State of Mississippi. (5/13/78)

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 1.3 Code Of Operating Procedure For Polygraph Examiners

(1) All polygraph charts should be marked with appropriate stimulus markings, question identification markings, and answer markings, at the point and place the question was asked and answer given.

(2) Any polygraph charts, question sheet, signed subject agreement to submit to the examination, written reports, examiner opinions, or any other pertinent papers, shall be attached together and maintained for a minimum period of two (2) years, following the examination; and shall be available to the Board and/or its representative, upon request of the Board.

(3) The polygraph examiner shall not question any subject on his or her sexual behavior, or ask any question that can be construed as being sexually oriented, unless the topic is a specific issue and he or she has been advised of this. Any examination of a criminal nature shall be exempt from the provision of this paragraph.

(4) The polygraph examiner shall not abuse any subject and shall conduct himself in a professional manner.

(5) All out-of-state license holders, who do not maintain an office in the State of Mississippi, shall register their Mississippi polygraph license with the Secretary of State, Jackson, Mississippi.

(6) No polygraph examiner shall polygraph any person under the age of 12.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 1.4 Polygraph Examiner Internship Rules And Regulations

The following rules and regulations pertaining to the internship program, under the Mississippi Board of Polygraph Examiners Act, Senate Bill No. 1987, shall be and are hereby designated the rules and regulations of this Board.

(1) Primary Intern: (Minimum of Twelve (12) months)

Applicant meeting the requirements of Section 7 of the Polygraph Examiners Act, but not having completed an approved polygraph examiner school. (Schedule of training requirements available, upon request.)

(2) Advanced Intern: (Minimum of six (6) months)

(a) An applicant meeting the requirements of Section 7 of the Polygraph Examiners Act, and,

(b) Having completed an approved polygraph school, and,

(c) Having passed a written examination administered by the Board of Polygraph Examiners or its designated representative.

(3) Advanced Intern Training and Supervision:

(a) Completion of American Polygraph Association approved polygraph examiner school.

(b) Or completion of primary internship program.

(c) Passing State polygraph examination with score of 70% or better. Applicants failing examination may retake such examination, only after showing proof of additional studies under instructor, who has been approved by this Board, or an approved school. Any applicant failing examination for the third time shall not be eligible to take another examination, until the expiration of a one (1) year period from the last failed examination.

(d) Advanced intern may conduct polygraph examination without the direct supervision of instructor/sponsor.

(e) Each sponsoring polygraph examiner shall submit progress reports to the Board every thirty (30) days, on forms provide by the Board.

(f) Sponsor shall be reasonably available to assist advanced intern and answer questions. Meetings between the sponsor and intern shall be conducted every thirty (30) days, to discuss progress and complete reports, as required by Section 3, Paragraph (e). (Meetings may be waived by the Board, in the event the sponsor is an approved school.)

(4) Qualification For Instructors And Sponsors

(a) Polygraph examiner licensed by the State of Mississippi for a period of three (3) or more consecutive years* and,

(b) Polygraph examiner who has administered at least 500 examination during the past three (3) years.*

(c) Instructor shall be limited to three (3) interns under their supervision, at any one time (unless otherwise approved by this Board.)

(d) No examiner shall be approved as an instructor/sponsor, if this Board has received reliable information and/or has reason to believe that this individual is not adaptable for this duty.

(e) An applicant is encouraged to intern under an examiner located in his immediate geographic area.

*(The three (3) years and 500 examinations may be waived by the Board)

REVISED: December 1, 1994

(These rules and regulations may be revised periodically at the discretion of the Board of Professional Polygraph Examiners of the State of Mississippi.)

History

• Source: Miss. Code Ann. §73-29-9

Chapter 2 Organization of the MS Polygraph Examiner’s Board

30 Miss. Admin. Code Pt. 1402, R. 2.1 MS Polygraph Examiner’s Board Organization

The MS Polygraph Examiner’s Board is established under the following provisions in accordance to the MS Code Annotated Section 73-29-7:

(1) There is hereby established a polygraph examiners board consisting of three (3) members who shall be citizens of the United States and residents of the state for at least two (2) years prior to appointment and at the time of appointment are active polygraph examiners. No two (2) board members may be employed by the same person or agency. At least one (1) member must be a qualified examiner of a governmental law enforcement agency, and shall be the supervisor of the polygraph section of the department of public safety, and at least one (1) member must be a qualified polygraph examiner in the commercial field. The members shall be appointed by the governor of the State of Mississippi with the advice and consent of the senate for a term of six (6) years. The terms of office of members appointed to the initial board are one (1) for two (2) years; one (1) for four (4) years; and one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by appointment of the governor with the advice and consent of the senate for the unexpired term.

(2) The board shall elect a chairman, vice-chairman, and secretary from among its members.

(3) The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board.

(4) The members of the board shall receive Twenty-two Dollars and Fifty Cents ($22.50) per diem for each day spent in the actual discharge of their duties.

(5) The Department of Public Safety is hereby authorized to provide the board with an appropriate office and such administrative and clerical services as may be necessary to carry out the board’s responsibilities, including investigative and testing services, budgetary support and such other services and support deemed appropriate by the Commissioner of Public Safety.

History

• Source: Miss. Code Ann. §73-29-7

Chapter 3 Oral Proceedings/Public Comment Hearings

30 Miss. Admin. Code Pt. 1402, R. 3.1 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 3.2 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request. When an oral proceeding has not been scheduled by the MS Polygraph Examiner’s Board, an oral proceeding will be scheduled when a written request is submitted by a political subdivision, an agency, or ten (10) or more persons.

(1) Each request must be submitted on 8-1/2” x 11” white paper.

(2) The request may be in the form of a letter addressed to the MS Polygraph Examiner’s Board or in a form of a pleading as if filed with a court.

(3) Each request must include the full name, telephone numbers, and mailing address of the requestor (s).

(4) All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 3.3 Notice of Oral Proceedings

Notice of the date, time, and place of all oral proceedings shall be filed with the MS Polygraph Examiner’s Board. The MS Polygraph Examiner’s Board shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the MS Polygraph Examiner’s Board. The President of the MS Polygraph Examiner’s Board or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 3.4 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

(1) At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions.

(2) Persons wishing to make oral presentations at such a proceeding shall notify the MS Polygraph Examiner’s Board at least three (3) business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the MS Polygraph Examiner Board prior to the proceeding.

(3) At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

(4) The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(5) Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.

(6) Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceedings, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

• Source: Miss. Code Ann. §73-29-9

30 Miss. Admin. Code Pt. 1402, R. 3.5 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the MS Polygraph Examiner’s Board, part of the rulemaking record, and are subject to the MS Polygraph Board’s record request procedure. The MS Polygraph Examiner’s Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. §73-29-9

Chapter 4 Declaratory Opinions

30 Miss. Admin. Code Pt. 1402, R. 4.1 Application of Chapter

This chapter sets forth the MS Polygraph Examiner’s Board’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the MS Polygraph Board’s procedures regarding the disposition of requests as required by Mississippi code § 73-29-39.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.2 Scope of Declaratory Opinions

The MS Polygraph Examiner’s Board will issue declaratory opinions regarding the applicability to specified facts of:

(1) A statue administered or enforceable by the MS Polygraph Examiner’s Board,

(2) A rule promulgated by the MS Polygraph Examiner’s Board, or

(3) An order issued by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.4 How to Submit Requests

When a person with substantial interest requests a declaratory opinion, the person must submit a printed, typewritten, or legibly handwritten request.

(1) Each request must be submitted on 8-1/2” x 11” white paper.

(2) The request may be in the form of a letter addressed to the MS Polygraph Examiner’s Board or in the form of a pleading as if filed with a court.

(3) Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

(4) All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

(5) Each request must clearly state that it is a request for declaratory opinion.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.5 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, compete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.6 Request Content Requirement

Each request must contain the following:

(1) A clear identification of the stature, rule, or order at issue;

(2) The question for the declaratory opinion;

(3) A clear and concise statement of all facts relevant to the question presented;

(4) The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number.

(5) A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.7 Reasons for Refusal of Declaratory Opinion Request

The MS Polygraph Examiner’s Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(1) The matter is outside the primary jurisdiction of the MS Polygraph Examiner’s Board;

(2) Lack of clarity concerning the question presented;

(3) There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(4) The stature, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(5) The facts presented in the request are not sufficient to answer the question presented;

(6) The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(7) The requestor seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought;

(8) No controversy exists or is certain to arise which raises a question concerning the application of the statue, rule, or order;

(9) The question presented by the request concerns the legal validity of a statute, rule, or order;

(10) The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(11) No clear answer is determinable;

(12) The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;

(13) The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(14) A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or

(15) The question involves eligibility for a license, permit, certificate or other approval by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.8 Board Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the MS Polygraph Examiner’s Board shall, in writing:

(1) Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

(2) Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

(3) Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day on or after which the request is received by the MS Polygraph Examiner’s Board.

History

• Source: Miss. Code Ann. §73-29-39

30 Miss. Admin. Code Pt. 1402, R. 4.9 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by requestor name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. §73-29-39

BOARD OF PUBLIC ACCOUNTANCY BOARD OF PUBLIC ACCOUNTANCY

Part 1 Rules and Regulations of the Mississippi State Board of Public Accountancy

30 Miss. Admin. Code Pt. 1, R. 36 Rule 36

• 39 Rule 5.7. Board Oversight 40 - 43 Rule 5.8. Investigations 43

Part 1 Chapter 6. Rules of Professional Conduct

Rule 6.1. Preamble 43 - 44 Rule 6.2. Independence 44 - 47 Rule 6.3. Integrity 47 Rule 6.4. Objectivity 47 Rule 6.5. Solicitation, Advertising and Public Communication 47 - 49 Rule 6.6. Commissions 49 - 50 Rule 6.7. Contingent Fees 50-51 Rule 6.8. Competence 51 Rule 6.9. Auditing Standards 51 Rule 6.10. Accounting Principles 51-52 Rule 6.11. Other Professional Standards 52 Rule 6.12. Confidential Client Information 52-53 Rule 6.13. Records 53-54 Rule 6.14. Discreditable Conduct 54 Rule 6.15. Discipline by Federal and State Authorities 54-55 Rule 6.16. Form of Practice 55 Rule 6.17. Prohibited Acts 55-56

Part 1 Chapter 7. Disciplinary Actions

Rule 7.1.1. Charge or allegation 57 Rule 7.1.2. Investigation 57

Part 1 Chapter 8. State Board of Public Accountancy

Rule 8.1. Appointments 57 Rule 8.2. Meetings, Organization, and Duties 57-59 Rule 8.3. Employees 59-60

Part 1 Chapter 9. Administrative Procedures Rules

Rule 9.1. Method of Operation 60-61 Rule 9.2. Oral Proceedings on Proposed Rules 62-63 Rule 9.3. Declaratory Opinions 63-68

Part 1 Chapter 10. Definitions 68-72

Appendix Schedule of Fees 72-73

Chapter 1 Restrictions on Use of the title Certified Public Accountant

30 Miss. Admin. Code Pt. 1, R. 1.2.1 The use of certain titles or abbreviations by persons not licensed by the Board will be deemed violations of the Act

Such titles include “certified accountant”, “chartered accountant”, “enrolled accountant”, “licensed accountant”, “registered accountant”, “accredited accountant”, or any other title or designation likely to be confused with the title “certified public accountant”. Abbreviations include “CA”, “LA”, “RA”, “AA”, or similar abbreviation likely to be confused with the abbreviation “CPA”.

30 Miss. Admin. Code Pt. 1, R. 1.2.2 Rule 1.2.2

The issuance by non-licensees of a report or communication to management referencing AICPA (SSARS) Standards for compilations of financial statements is deemed to be a violation of the act.

Safe harbor language which may be used by non-licensees for such reports is as follows:

“I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (we) do not express any opinion with respect to these financial statements."

Mississippi Code 73-33-15 (1) (a) prohibits a non-licensee from issuing an audit or review report; accordingly, there is no non-licensee safe harbor language for such reports.

History

• Source: Miss. Code Ann. § 73- 33-5 (f)

Chapter 4 Continuing Professional Education (CPE)

30 Miss. Admin. Code Pt. 1, R. 4.4.2 Rule 4.4.2

(a) Program sponsors must base learning activities on relevant learning objectives and outcomes that clearly articulate the knowledge, skills and abilities that can be achieved by participants in the learning activities.

(b) Programs sponsors should develop and execute learning activities in a manner consistent with the prerequisite education, experience, and/or advance preparation of participants.

(c) Program sponsors must use activities, materials and delivery systems that are current, technically accurate, and efficiently designed.

(d) Program sponsors must assure instructional methods employed are appropriate for the learning activities. Learning activities should be presented in manner consistent with the descriptive and technical materials provided.

(e) Programs sponsors must assure learning activities are reviewed by qualified persons other than those who developed them to make certain that the program is technically accurate and current and addresses the stated learning objectives. These reviews must occur before the first presentation of these materials and again after each significant revision of the CPE programs.

(f) Program sponsors must inform participants in advance of objectives, prerequisites, experience level, content, advance preparation, teaching methods, and recommended continuing professional education credit hours, as described in Rule 4.4.6. This should be accomplished through brochures or other announcements.

(g) Program sponsors must provide participants with documentation of participation, which includes:

(1) CPE program sponsor name and contact information. (2) Participant’s name. (3) Course title. (4) Course field of study. (5) Date offered or completed. (6) Location (if applicable). (7) Type of instructional delivery method used. (8) Amount of CPE credit recommended. (9) Verification of program sponsor representative.

(h) Program sponsors must employ an effective means for evaluating learning activity quality with respect to content and presentation, as well as provide a mechanism for participants to assess whether learning objectives were met.

Rule 4.4.3. To facilitate participants’ expectations that programs will increase professional competence, program sponsors should encourage participation only by individuals with appropriate education and/or experience. The term “education and/or experience” in the standard also implies that participants will be expected to complete any advance preparation. An essential step in encouraging advance preparation is timely distribution of program materials.

Rule 4.4.4. Program sponsors must retain adequate documentation for a minimum of five years after the date of the presentation or initial offering to support their compliance with these standards and their reports that may be required of participants. As a part of this documentation, a record of attendance shall be made and maintained. The records of attendance should reflect the CPE credit hours earned by each participant, including those who arrive late or leave early. All documentation shall be open to Board inspection on request of the Board. These records should include, but are not limited to:

(a) Location of course (b) Title, description of content, and outline (or equivalent)

(c) Date(s) (d) Instructor(s) with biography (e) Number of credit hours (f) Documentation of meeting requirements in Rule 4.4.2(h) above

Rule 4.4.5. Rescinded.

Rule 4.4.6. Calculations of Hours of Credit: The following standards will be used to measure the hours of credit to be given for acceptable continuing professional education:

(a) For purposes of CPE credit hours, 50 minutes of continuous participation in a program shall constitute one CPE credit hour. The shortest recognized program must consist of 10 minutes of continuous participation.

(b) For continuous programs, conferences and conventions, when individual segments are less than 50 minutes, the sum of the segments will be considered equal to one total program. For example - five 30-minute presentations would equal 150 minutes and should be counted as three contact hours. (c) Only class hours, actual hours of attendance, or equivalent (and not student hours devoted to preparation) will be counted.

(d) A participant who is not present for an entire program may claim credit only for the actual time he attended.

Rule 4.4.7. Program sponsors are responsible for compliance with all applicable standards and other CPE requirements. Any course or program offered or held out as a CPE program is subject to Board audit and monitoring to assure it meets these standards.

Rule 4.5. Disciplinary Actions Relating to CPE

Rule 4.5.1. A licensee who fails to comply with the provisions of Rule 4.2. of this title (relating to CPE records and reporting) or Rule 4.1. of this title (relating to CPE attendance) may be subject to disciplinary action under the Mississippi Code of 1972, Section 73-33-11, for violation of the Rules of Professional Conduct.

Rule 4.5.2. A licensee shall retain documents or other evidence supporting CPE credit hours claimed for the five most recent full reporting periods to the date the credit hours are reported to the Board, and shall submit the supporting evidence to the Board if such data is requested.

Rule 4.5.3. The Board may, as deemed appropriate, audit, CPE data supplied by a licensee and request that all evidence supporting CPE credit hours claimed be provided to the Board within a reasonable period of time as prescribed by the Board.

Rule 4.5.4. Evidence of falsification, fraud, or deceit in the CPE information or documentation supplied will necessitate disciplinary action as authorized in the Mississippi Code of 1972, Section 73-33-11.

Rule 4.5.5. Denial of a License. The Board shall not issue or renew a license to an individual who has not completed the required CPE credit hours unless an exemption has been granted by the Board.

History

• Source: Miss. Code Ann. § 73- 33-5 (f)
• Source: Miss. Code Ann. § 73- 33-5 (f)

Chapter 5 Quality Review/Peer Review Rule 5.1. Purpose

30 Miss. Admin. Code Pt. 1, R. 5.5.1 Rule 5.5.1

A firm, including a succeeding firm which receives two (2) consecutive pass with deficiencies reports and/or one (1) fail report, may be required by the Board or its designee to have an accelerated peer review within eighteen (18) months from the year end of the firm’s last peer review. Such firm may also be subject to investigation and discipline by the Board or representatives of the Board.

(2) The firm shall be referred to the Board Investigator for enforcement investigation. (3) A firm may petition the Board for a waiver from the provisions of this rule.

Rule 5.6. Approved Peer Review Sponsoring Organizations, Programs and Peer Review Standards

(a) The Board shall approve peer review sponsoring organizations, program(s) and standards.

(b) The Board finds that because the American Institute of Certified Public Accountants (AICPA) has decades of experience as a sponsoring organization and has developed universally respected peer review standards, the Board recognizes the AICPA as an approved sponsoring organization, along with its peer review program and standards; this approval also applies to any Administering Entity of the AICPA Peer Review Program. These organizations are not required to submit an application for approval to the Board. As a condition of this approval, a sponsoring organization is required to:

(1) administer peer reviews for nonmember licensees whose firms’ principal places of business are located in the state(s) where it administers peer reviews, provided that such nonmembers comply with the applicable peer review standards, and

(2) provide advance notice to the Board and an opportunity for discussion if any Administering Entity is to be discontinued.

(c) The Board may terminate its approval of a sponsoring organization for cause following notice and opportunity for hearing. For purposes of this paragraph, “cause” includes but is not limited to a substantive change in the Peer Review Program that adversely affects licensees or the public firms or impairs the Board’s ability to protect the public in this State or failure to maintain an ongoing compliance with the requirements of this chapter.

(d) The Board may approve other peer review sponsoring organizations and programs. For an organization not specifically identified in these Rules as Board-approved, to receive Board approval for its peer review program and standards, the organization must submit evidence to the satisfaction of the Board. The evidence shall include but is not limited to the standards, procedures, guidelines, oversight process, training materials and related documents used to administer, perform, and accept peer reviews. The Board has the authority to request any other documents/information from an organization about its peer review program in determining whether to grant approval.

Rule 5.7. Peer Review Oversight Committee

(a) A Peer Review Oversight Committee (PROC) may be appointed or adopted by the Board to monitor the Board-approved peer review program, including sponsoring organizations’ administering entities. The PROC or the Board’s designee shall report to the Board, at least annually, on the conclusions and recommendations reached as a result of the PROC’s activities.

(b) PROC members shall:

(1) Not include individuals who have a conflict of interest under applicable law, Board Rule, or sponsoring organization standards.

(2) Be subject to removal or replacement by the Board at its discretion.

(3) Be required to sign a confidentiality agreement indicating they will not divulge any information to the Board that would identify any firm, licensee, or peer reviewer/reviewing firm as a result of their monitoring of the peer review process.

(4) Perform procedures which may consist of but are not limited to the following activities:

(i) Visiting the Administering Entities of the approved peer review program;

(ii) Reviewing sponsoring organization procedures for administering the program; (iii) Meeting with an Administering Entity’s Report Acceptance Body during consideration of the peer review documents; (iv) Reviewing the Administering Entity’s compliance with its program.

(c) The Board shall establish procedures and take all action necessary to ensure that the above materials remain confidential to the extent required by applicable statutes and rules.

Rule 5.8. Investigations Nothing in this rule should be construed to prohibit the Board from initiating an investigation involving complaint(s) of alleged violations of statute or Rules and Regulations against a practice unit or CPA.

History

• Source: Miss. Code Ann. § 73- 33-5 (f) Rule 5.5.2. If the accelerated review required by Rule 5.5.1 results in a deficient report: (1) The firm may complete any service requiring a peer review for which field work has already begun only if: (a) Prior to issuance of any report, the engagement is reviewed and approved by a third party reviewer acceptable to the Board or its designee; and (b) The engagement is completed within ninety (90) days of the acceptance of the peer review report, and letter of response (when applicable) by the sponsoring organization;
• Source: Miss. Code Ann. § 73- 33-5 (f)

Chapter 6 Rules of Professional Conduct

30 Miss. Admin. Code Pt. 1, R. 6.17.9 Rule 6.17.9

.The CPA or firm permit holder has a license or firm permit to practice public accounting revoked, suspended or otherwise acted against by the authority of another state, territory or country.

Rule 6.17.10. The CPA or firm permit holder is convicted or found guilty, regardless of adjudication, or pleads no contest to a crime in any jurisdiction which directly relates to the practice of public accounting or the ability to practice public accounting.

Rule 6.17.11. The CPA or firm permit holder makes or files a report, which he knows to be false, willfully fails to file a report or record required by state or federal law, willfully impedes or obstructs such filing, or induces another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a certified public accountant.

Rule 6.17.12. The CPA or firm permit holder is guilty of fraud or deceit, or of gross negligence, incompetency, or misconduct in the practice of public accounting.

Rule 6.17.13. The CPA or firm permit holder has had his right to practice accounting suspended or revoked by any state or federal regulatory authority or by the Public Company Accounting Oversight Board (“PCAOB”).

Rule 6.17.14. The CPA or firm permit holder has performed a fraudulent act while holding a license or firm permit to practice public accounting.

Rule 6.17.15. The failure by a person or CPA firm disciplined to abide by the additional penalties and/or requirements shall be a violation of the rules of the Board.

Rule 6.17.16. Failure of a CPA or firm permit holder to notify the Board in writing of any and all changes in mailing addresses and other data amendments required to be notified as a part of these Rules and Regulations.

Rule 6.17.17. Failure of a CPA or firm permit holder to cooperate with the Board in connection with an inquiry it shall make. Cooperation includes fully responding in a timely manner to all inquiries of the Board or representatives of the Board mailed to the last address furnished by the CPA or firm permit holder to the Board.

History

• Source: Miss. Code Ann. § 73- 33-5 (f)

Chapter 8 State Board of Public Accountancy

30 Miss. Admin. Code Pt. 1, R. 8.2.13 Rule 8.2.13

The Executive Director, in conjunction with the Chair, shall prepare a written agenda for each Board meeting and distribute a copy of the agenda to each Board member.

Rule 8.2.14. Repeal.

Rule 8.3. Employees

Rule 8.3.1. Executive Director. The Board may employ an Executive Director who will serve at the will of the Board. The Executive Director shall be the administrator of the Board Office and may employ the staff necessary to conduct the activities of the Board. The Executive Director shall also be responsible for the operation of the agency in accordance with Board policy, state and federal law, and duties established by the Board. The Executive Director is empowered to make preliminary interpretations of the Act or of these rules, except that any interpretations by the Executive Director shall not be binding upon the board. (a) Duties of the Executive Director. The Executive Director shall be responsible for receiving, filing and processing all applications, requests and notices which are required by law or by these rules to be filed with the Board. Upon receipt of any document for filing, the Executive Director shall insure that it is complete and shall inform the person filing the document of any deficiency. Upon receipt of any application requesting Board action, the Executive Director shall review the application and shall indicate thereon a recommendation for the Board action and shall cause the application to be brought to the attention of the Board, the Chair or committee designed by the Board. With respect to those matters upon which the Executive Director has recommended approval, the Board may approve them by reference. The duties of the Executive Director imposed by this rule may be discharged through the staff. (b) The Executive Director shall also be responsible for the assignment and coordination of duties to and among the staff in order to assist the Board in the discharge of its duties.

Rule 8.3.2. Staff, Contract Workers, and Independent Contractors. The Executive Director shall employ such staff as is authorized, contract workers and independent contractors as necessary for the conduct of the Board affairs. The basis for compensation of independent contractors shall be stated in the services contract. A qualified CPA - Investigator may be employed by the Board, whose duties shall include, but not be limited to investigation of complaints against CPAs and firm permit holders concerning charges of violations of the Act and/or the Rules and Regulations. Rule 8.3.3. The Board may employ such other personnel, on a full-time or part-time basis, as it deems necessary from time to time. Rule 8.3.4. No person may be employed by the Board whose employment would create a substantial conflict of interest based upon, but not limited to: (a) Persons closely related by family (such as spouses or other members of the immediate family or household) or by material financial ties (as defined under the ethics regulations pertaining to independence) to a Board member or to another employee of the Board. (b) Persons who are concurrently employed by a Board member.

History

• Source: Miss. Code Ann. § 73- 33-5 (f)
• Source: Miss. Code Ann. § 73- 33-5

BOARD OF REGISTRATION FOR FORESTERS BOARD OF REGISTRATION FOR FORESTERS

Part 1001 Rules and Regulations of the Mississippi Board of Registration for Foresters

30 Miss. Admin. Code Pt. 1001 Rules and Regulations of the Mississippi Board of Registration for Foresters

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Title 30: Professions and Occupations

Part 1001: Rules and Regulations of the Mississippi Board of Registration for Foresters

Chapter 1: Organization, purpose, and operation of the Board

Rule 1.1. Composition of the Board. The Mississippi State Board of Registration for Foresters (hereinafter “the Board”) is an agency of the State of Mississippi, composed of seven (7) members appointed by the Governor with the advice and consent of the Mississippi Senate. Serving five (5) year terms, each registered forester, as defined by Miss. Code Ann. § 73-36-11 and having a minimum of three (3) years’ experience in such field, is appointed to the Board from each of the six (6) forestry commission districts, while one registered forester, having a minimum of three (3) years’ experience, is appointed as an at-large member of the Board. The State Forester serves as an ex officio member.

The Board was created to benefit and protect the public and the forest resources of the State by regulating the practice of forestry and, unless otherwise exempted by Miss. Code Ann. §§ 76-36-5 and 73-36-7, requiring persons practicing or offering to practice forestry be lawfully registered to do so.

Source: Miss. Code Ann. §§ 73-36-9 and 73-36-19(1)(a)

Rule 1.2. Official Seal. Pursuant to Miss. Code Ann. § 73-36-13, the official seal of the Board is as follows:

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Source: Miss. Code Ann. §§ 73-36-13 and 73-36-19(1)(a)

Rule 1.3. Duties of Officers

The Chair shall be the executive officer of the Board. When present, the Chair shall preside at all meetings. He or she shall appoint such committees as the Board may authorize from time to time. The Chair shall sign all certificates, the Annual Report to the Governor, and all other official documents. In the absence of a Secretary or Executive Secretary, the Chair shall sign checks. He or she shall perform all other duties usually pertaining to the office of Chair and as permitted by Law.

The Vice-Chair, in the absence of the Chair, shall perform the duties delegated to the Chair except only the Chair shall sign certificates, checks and the Annual Report to the Governor.

The Secretary shall record the minutes of each board meeting and conduct correspondence in the name of the Board except that performed by the Chair or delegated to the Executive Secretary. The Secretary shall perform those other duties as prescribed by statute.

Source: Miss. Code Ann. § 73-36-19(1)(a)

Rule 1.4. Terms of Office

Each Board Officer shall serve an annual term running concurrent with the fiscal year.

Rule 1.5. Executive Secretary

The Board shall hire an Executive Secretary who shall be responsible for the processing of routine operations and shall accept service of process as the Board’s designated registered agent. The duties of the Executive Secretary shall be as determined by the Board.

As an executive officer, the Executive Secretary shall serve at the pleasure of the Board. In the absence of an Executive Secretary, the Chair and Secretary shall assume the duties of the Executive Secretary.

All correspondence and submissions to the Board, including requests for information, shall be addressed to the Executive Secretary at the Board's office:

Executive Secretary Mississippi State Board of Registration for Foresters P.O. Box 1884 Jackson, Mississippi 39215-1884

Source: Miss. Code Ann. § 73-36-19(1)(a)

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Rule 1.6. Vacancies

If a vacancy shall occur in the membership of the Board, the Chair and the Secretary shall prepare a notice to the Governor asking for appointment of a new member to fill the unexpired term. If the vacancy occurs in the office of the Chair, the Vice-Chair and the Secretary shall prepare the notice to the Governor. Such notice shall include recommendations for nominees for the Governor’s consideration for appointment to the Board.

If a vacancy occurs in any office, the Board will elect a new officer during any regular meeting of the Board to fill the unexpired portion of the term of office,

Source: Miss. Code Ann. §§ 73-36-9 and 73-36-19(1)(a)

Rule 1.7. Notice of Meeting. The last item of business on the agenda for each regular Board meeting shall be to schedule the date, time, and place of the next regular Board meeting. Each Member shall be mailed and e-mailed notice of the date, time, and place of the next regular meeting to his/her mailing address and e-mail address on record at least five (5) working days prior to the date of the scheduled meeting by the Executive Secretary. Notice shall be published and posted in accordance with applicable Mississippi law to afford proper public notice.

Source: Miss. Code Ann. §§ 73-36-15, 73-36-19(1)(a)

Rule1.8. Meetings and Attendance

A. Board members shall attend all regular and special meetings unless prevented from doing so by reason of court order, subpoena, and such other business with a court, the death of a family member, or illness of the Board member or the member's immediate family. An absence for any other reason constitutes an unexcused absence.

1. "Immediate family" shall mean the spouse, children, parents, siblings, grandchildren, and grandparents, related by blood or marriage.

2. "Family" shall mean the immediate family in addition to nieces, nephews, aunts, uncles, and cousins, related by blood or marriage.

B. No Board member may be absent from three (3) consecutive meetings or be absent from more than three meetings during a single fiscal year unless the absence is excused for one of the above-stated reasons. In the event a Board member has three consecutive unexcused absences or has unexcused absences for more than three meetings during a fiscal year, the Board may, in its discretion, petition the Governor to remove said member in accordance with Miss. Code Ann. § 73-36-9 and appoint a successor.

C. Special meetings may be held as needed or as called by any officer or a quorum of the Board.

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Source: Miss. Code Ann. §§ 73-36-15 and 73-36-19(1)(a)

Rule 1.9. Order of Business. The order of business at all regular and special meetings shall be conducted in accordance with the Board’s Agenda. No later than five (5) business days prior to the date of the next scheduled meeting, any Board Member may request items and/or issues to be placed upon the Agenda for the Board’s review, consideration and/or vote. The Executive Secretary shall prepare a draft Agenda at least two (2) business days prior to any scheduled meeting for review of all Board Members. The final Agenda shall be adopted by formal Board action during each regular and special meeting.

Source: Miss. Code Ann. § 73-36-19(1)(a)

Rule 1.10. Robert's Rules of Order, as revised shall govern the proceedings of the Board.

Source: Miss. Code Ann. § 73-36-19(1)(a)

Rule 1.11. Open Meetings

In compliance with the Open Meetings Act, members of the public are welcome to attend all meetings of the Board. The Board has adopted the following rules of conduct for members of the public who attend a meeting of the Board.

A. Members of the public are requested to register with the Executive Secretary at least ten (10) business days prior to the scheduled meeting they wish to attend. If a member of the public has not registered prior to the meeting, they are requested to register with the Executive Secretary upon entry to the meeting area. Organized groups must have one (1) designated spokesperson.

B. Upon request and recognition of the Board Chair, an individual or spokesperson may be recognized to address the Board for ten (10) minutes, unless such time is extended by the Chair.

C. As prescribed by law, members of the public are not allowed to attend meetings of the Board when in Executive Session. All members of the public will be asked to leave the meeting area and allowed to return only when so advised by the Board Chair.

D. Members of the public are expected to conduct themselves in a calm, courteous and professional manner.

E. Any member of the public who does not comply with these rules will be dismissed from the meeting.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and 25-41-1 et seq.

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Chapter 2: Public Records Requests

Excluding records exempted under Mississippi law, the Board responds to public records requests pursuant to the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1, et seq. in accordance with the following procedures:

A. Requests for public records must be made in writing and submitted to the Mississippi Board of Registration for Foresters by mail to the attention of “Requests for Public Records,” at Post Office Box 1884, Jackson, MS 39215-1884.

B. A request for a public record should describe in reasonable detail the records sought and, if possible, include a clear and concise description of the record desired including pertinent information such as names, date, etc. that may aid the Board in locating the requested record(s).

1. The Board has no duty to create a record to respond to a public records request.

2. A public records request is one for an identifiable record and is not a request for information.

C. The Board shall either produce or deny production of the records sought within seven (7) business days after receipt of the request. In no event shall the production of documents responsive to a public records request exceed fourteen (14) business days from the date of receipt of the request.

D. Pre-payment by the requesting party of cost estimated by the Board to review, search, duplicate and/or copy the requested records shall be required. All fees charged in advance by the Board shall be intended to reimburse the Board, and in no case, shall exceed, the actual cost incurred by the Board to research, review, duplicate, copy and/or mail, if applicable, the records responsive to the request.

E. If the requested records are exempt or privileged under applicable law, the Board shall deny the request.

1. Applications for licensure, test questions and applicant recommendations in the possession of the Board are exempt from the Public Records Act pursuant to Miss. Code Ann. § 73-52-1.

2. If any public record contains both exempt and non-exempt material, the Board shall redact the exempted material and produce the nonexempted material for inspection, examination, copying or reproduction.

3. Records provided to the Board by third parties which contain trade secrets, or confidential commercial or financial information shall not be subject to

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inspection, examination, copying or reproduction until notice has been given to the third parties. Unless subject to other exemption(s) or privilege, said records shall be released no later than twenty-one (21) days from the date the third parties are given notice by the Board unless the third parties have filed in chancery court a petition seeking a protective order on or before the expiration of the twenty-one-day period.

F. In the event a public records request is denied, the Board shall provide a written explanation to the requestor stating, with specificity, the reason(s) for the denial of the production of the requested records.

Source: Miss. Code Ann. §§ 25-61-5, 25-61-9, 73-52-1, and 73-13-19(1)(a)

Chapter 3: Declaratory Opinions

Rule 3.1. Subjects Which May Be Addressed by Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability of specified facts to a statute administered or enforceable by the Board, a rule promulgated by the Board, or an order issued by the Board. The Board will not issue a declaratory opinion regarding a statute, rule, or order which is beyond the primary jurisdiction of the Board.

“Primary jurisdiction” means:

1. The Board has a constitutional grant of authority in the subject matter,
2. The Board has a statutory grant of authority in the subject matter,
3. The Board has issued specific regulations impacting upon the subject matter, or
4. The Board has issued a specific order or orders impacting upon the subject matter.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.2. Scope of Declaratory Opinion Request. A request shall be limited to a single transaction or occurrence.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.3. Form of the Request for a Declaratory Opinion. When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request on standard letter-size white paper (8 ½” x 11” ).

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A. The request shall be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a Court.

B. All requests must be mailed to Post Office Box 1884, Jackson, MS 39215-1844 or hand- delivered to the Board’s office. Oral and/or telephone requests for a declaratory opinion will not be accepted.

C. Each request shall include the full name, telephone numbers, e-mail address(es) and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case, the attorney may sign the request.

E. Each request and its correspondence envelope, if any, shall clearly state it is a request for a declaratory opinion.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.4. Signature Attestation. Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including, but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.5. Request Content Requirement. Each request shall contain the following:

A. A clear identification of the statute, rule, or order at issue,

B. A concise statement of the issue or question presented for the declaratory opinion,

C. A clear and concise statement of all facts relevant to the question presented,

D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, e-mail address(es) and telephone number, and

E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

Source: Miss. Code Ann.§ 25-43-2.103(2)

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Rule 3.6. Submission of Proposed Opinion and Memorandum. The terms of a proposed opinion may be submitted to the Board together with a request for a declaratory opinion. The request likewise may contain an argument by the requestor in support of those terms of the proposed opinion. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including legal authorities, in support of such position of the requestor. The Board also may request an argument and memorandum of authorities be submitted by any interested party.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.7. Reasons for Refusal of Declaratory Opinion Request. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. The matter is outside the primary jurisdiction of the Board,

B. Lack of clarity concerning the question presented,

C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary,

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request,

E. The facts provided in the request are not sufficient to answer the question presented,

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules,

G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought,

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order,

I. The question presented by the request concerns the legal or constitutional validity of a statute, rule, or order,

J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct,

K. No clear answer is determinable,

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L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime,

M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure,

N. The question is currently the subject of an Attorney General's opinion request,

O. The question has been answered by an Attorney General's opinion,

P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question,

Q. The request has not been made in good faith,

R. The request is harassing in nature,

S. A similar request is pending before this agency, or another agency, or a proceeding is pending on the same subject matter before an agency, administrative or judicial tribunal, or

T. The question involves eligibility for registration, a license, permit, certificate or other approval by the Board or another Agency, Board or Commission, and there is a statutory or regulatory application process by which eligibility for said registration, license, permit, or certificate or other approval may be determined.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.8. Board Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances,

B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request, or

C. Decline to issue a declaratory opinion, stating the reason(s) for its refusal.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Board.

Source: Miss. Code Ann.§ 25-43-2.103(2)

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Rule 3.9. Final Opinion. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Rule 3.10. Availability of Declaratory Opinions and Requests for Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. Declaratory opinions and requests which contain confidential information or information which is exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

Source: Miss. Code Ann.§ 25-43-2.103(2)

Chapter 4. Registration and Licensure

Rule 4.1. Application.

A. A person seeking registration as a Mississippi forester must complete an application on a printed form made available on the Board’s website located at https://www.borf.ms.gov/application, or as may be otherwise provided by the Board. Where space on the form does not permit an applicant to adequately describe his/her record of experience or practice, the applicant may provide supplementary sheets of 8 ½” x 11” white paper. Such additional sheets shall be printed on one side only and shall be signed and dated by the applicant. Applications must be clearly typed in black ink.

B. Each application must be accompanied by the applicant’s college transcript.

C. Five (5) references must be submitted with each application. Each reference must complete the reference form as provided by the Board on its website located at https://www.borf.ms.gov/application. Three (3) of the five (5) references must be provided by registered foresters. All reference information will be kept confidential.

D. Applications shall be sworn to and subscribed before a Notary Public, or such other person authorized to administer the oath. Applications for registration of students who present for the forestry examination while enrolled at a Mississippi college or university may be witnessed by the Dean or the Dean’s authorized representative, in lieu of an acknowledgement of a notary public or such other person authorized to administer the oath.

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E. Completed applications, with all necessary attachments, enclosures, and application fee, shall be mailed to the Board at Post Office Box 1884, Jackson, MS 39215-1844.

F. An application not properly completed, not containing all required information, or not accompanied by the required fee will be returned to the applicant with a statement specifying the reason(s) for the application’s return.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and 73-36-23

Rule 4.2. Registration Pursuant to the Universal Recognition of Occupational Licenses Act

Mississippi residents seeking registration pursuant to the Universal Recognition of Occupation Licenses Act, Miss. Code Ann. §§ 73-50-2, et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “universal application,” is available on the Board’s website located at https://www.borf.ms.gov/application or as otherwise may be made available by the Board.

A. Excluding the provision of references and a college transcript, the remaining requirements of Rule 4.1 are applicable to the completion of the universal application.

B. Each universal application shall be accompanied by a copy of the applicant’s current and valid, out-of-state license to practice forestry or such other occupation having a similar scope of practice, if applicable.

C. If the applicant previously worked in a state which does not require or issue a license to practice forestry or such other occupation having a similar scope of practice, the universal application must contain sufficient information regarding the applicant’s work experience in the field of forestry or other field for no fewer than three (3) years.

D. Proof of residency must be submitted with the completed universal application.

Proof of residency includes, but is not limited to, a copy of a state-issued identification card, documentation of current home ownership or lease of a residence in Mississippi, documentation of current in-state employment, current Mississippi residential utility bill which contains the applicant’s name and current address or any other verifiable documentation which may evidence residence.

E. For applicants seeking licensure based upon practice or experience within a field having a similar scope of practice to forestry, it shall be within the Board’s discretion to determine, on a case-by-case, whether the applicant’s education, if any, and previous work experience within such field is of a scope similar to the practice of forestry. The Board also may request additional documentation, or the appearance of the applicant

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should the information provided by the application be insufficient for the Board to make its determination.

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-50-2(12)

Rule 4.3. Registration Pursuant to the Military Family Freedom Act

Active members of the military, spouses and/or dependents of an active member of the military, located in Mississippi, seeking registration pursuant to the Military Family Freedom Act, Miss. Code Ann. §§ 73-50-1, et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “military application,” is available on the Board’s website located at https://www.borf.ms.gov/application or as otherwise may be made available by the Board.

A. Excluding the provision of references and a college transcript, the remaining requirements of Rule 4.1 are applicable to the completion of the military application.

B. Each military application shall be accompanied by a copy of the applicant’s current and valid, out-of-state license to practice forestry or such other occupation having a similar scope of practice, or proof of the award of a military occupational specialty, completion of a military program of training, testing and/or experience performed in the occupational specialty.

C. If the applicant previously worked in a state which does not require or issue a license to practice forestry or such other occupation having a similar scope of practice, the military application must contain sufficient information regarding the applicant’s work experience for no fewer than three (3) years.

D. For applicants seeking licensure based upon practice or experience within a field having a similar scope of practice to forestry, it shall be within the Board’s discretion to determine, on a case-by-case basis, whether the applicant’s education, if any, and previous work experience within the field is of a scope similar to the practice of forestry. The Board also may request additional documentation, or the appearance of the applicant if the information provided by the application is insufficient for the Board to make its determination.

Rule 4.4. Application Fee. Each new application for registration shall be accompanied by an application fee in the amount of Fifty and No/100 Dollars ($50.00). This application fee provides for the applicant’s first examination and, if necessary, second examination if completed within one (1) calendar year of the date of the initial application.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and 73-36-25

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Rule 4.5. Examinations. All applicants for registration must take a written examination. The examination consists of one hundred (100) true/false or multiple-choice questions, and applicants have a maximum of three (3) hours to complete. Applicants must correctly answer at least seventy (70) questions to pass the examination.

A. Written examinations are conducted at a time and place determined by the Board. Upcoming examination dates and locations are posted on the Board’s website (https://www.borf.ms.gov/). An application must have been submitted to the Board before the applicant may take an examination.

B. Applicants shall abide by the examination administrator’s policies and procedures.

C. Applicants may use any desired reference material while taking the examination but there shall be no talking or discussion with others. All electronic devices are prohibited in the examination room.

D. An applicant may be dismissed from the examination and subject to disciplinary action for misconduct including, but not limited to:

1. Cheating on the examination,
2. Giving assistance to, or receiving assistance from, another person,
3. Compromising the integrity of the examination,
4. Disruptive or abusive behavior, or
5. Participating in any form of violation of exam policies or procedures during an examination.

Examination results are provided by the Board to the applicants by mail to the address as provided by the applicant within thirty (30) days of the date of examination. Results may be sent to the applicant by e-mail if a valid e-mail address was provided by the applicant.

Applicants may examine their completed and graded examination at the office of the Board under the supervision of the Board’s authorized representative within thirty (30) days of receipt of their examination results. Photocopies and pictures of the completed examination is prohibited. All completed and graded examinations are destroyed ninety (90) days after each examination date.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and 73-36-25

Rule 4.6. Licensure

A. Upon completion of the applicable application, verification of the information provided by the application, applicant’s satisfaction of the licensing requirements of his/her granting state, if any, and successful passage of the examination, if required, an applicant

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shall be issued a Mississippi license to practice forestry. Every licensee shall satisfy Mississippi renewal requirements to maintain a valid Mississippi license.

B. Upon issuance of a license, registered foresters will receive a Certificate of Registration and a wallet-sized identification card.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and 73-36-27

Chapter 5. Renewals

Rule 5.1. License Expiration. Except as otherwise provided by Miss. Code Ann. § 33-1-39, all licenses expire after December 31 st of odd numbered years and shall be invalid unless renewed. To avoid a late payment fee or lapse of a license, all licenses must be renewed no later than 12:00 p.m. CST on December 31st in each odd-numbered year. Subject to a late payment fee, licenses may be renewed after December 31 st until 12:00 p.m. CST on March 31 st of the immediately succeeding even-numbered year through the same process as set forth herein.

A renewal made by mail is deemed received upon the post-mark date as marked on the envelope. In the absence of a post-mark date on the envelope, a renewal is deemed received by the Board upon the actual date of receipt. An on-line renewal is deemed received by the Board as of the date of its electronic submission.

Source. Miss. Code Ann. §§ 73-36-19(1)(a), (1)(c) and 73-36-29

Rule 5.2. Notice of Renewal. No later than November 30 of each odd-numbered year, the Board shall mail written notice to all registered foresters advising of the December 31 st expiration date of his/her license and the cost of its required two (2) year renewal. Notice shall be sent to each licensed forester’s latest known address; however, the Board also may send notice by e-mail to those licensed foresters for whom the Board has a valid e-mail address. It is the responsibility of each licensed forester to update his/her mailing address and e-mail address with the Board.

The responsibility for renewal of a forester’s license rests solely with the individual licensee. Failure to receive notice does not relieve a licensee from the duty to timely renew his/her license prior to its expiration.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 5.3. Renewal Filing. To renew an expiring or expired license, a licensee shall complete the renewal application available on the Board’s website located at https://www.borf.ms.gov/application and return the completed application with applicable renewal fee to the Board by mail to Post Office Box 1884, Jackson, MS 39215-1844. A license also may be renewed electronically via the Board’s

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on-line portal located at https://www.borf.ms.gov/renewal. If renewing electronically, the applicable renewal fee must likewise be paid on-line by credit or debit card only.

Rule 5.4. Renewal Fee. Each renewal application shall be accompanied by a renewal fee in the amount of One Hundred and No/100 Dollars ($100.00).

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c), 73-36-29

Rule 5.5. Late Renewal Fee. Licensees shall be required to pay Two Hundred and No/100 Dollars ($200.00) for renewals made after December 31st of each odd-numbered year but prior to March 31st in the immediately succeeding even-numbered year following expiration.

Licenses which have expired on December 31 st in odd-numbered years and have not been renewed by March 31 st in the immediately succeeding even-numbered year are no longer valid.

A late renewal made by mail is deemed received upon the post-mark date as marked on the envelope. In the absence of a post-mark date on the envelope, a late renewal is deemed received by the Board upon the actual date of receipt. An on-line late renewal is deemed received by the Board as of the date of its electronic submission.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 5.6. CFE Reporting. Hours completed of Continuing Forestry Education (CFE) are to be disclosed at the time of renewal, but no supporting CFE documents are to be submitted at that time. Supporting information or documentation need only be produced when subject to a random audit by the Board.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 5.7. License Reinstatement. Upon request and a hearing, an expired license may be reinstated by the Board within two (2) years following expiration of the subject license. If the Board determines the renewal is warranted, the Board may reinstate the expired license, subject to payment of the renewal and late payment fee as well as demonstration of completed CFE hours.

A license which has been expired for greater than two (2) years following a December 31 st expiration may not be reinstated. A licensee having an expired license for greater than two (2) years or who has been denied reinstatement by the Board must apply anew for registration and satisfy all requirements therefor. A licensee who has been denied reinstatement may request a hearing before the Board.

Source: Miss. Code Ann. §§ 73-36-19(1)(a), 73-36-29

Chapter 6. Continuing Forestry Education (CFE)

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Rule 6.1. Biennial CFE Requirement. A total number of sixteen (16) hours of continuing forestry education, inclusive of one (1) hour of ethics, must be completed by each registrant biennially.

Rule 6.2. Category A. Of the total number of required CFE hours, a minimum of six (6) hours must be completed through professionally organized coursework, seminars, short courses, workshops and/or technical sessions which may enhance a forester’s professional development. This description of CFE coursework is referred to as Category A.

The following provides a non-exhaustive list of coursework which qualifies as Category A hours:

1. Any session qualified as Category 1 of the Society of American Foresters Continuing Education Program,

2. Programs with forestry content presented at meetings of forestry organizations such as the MS Forestry Association (MFA), county forestry associations, Society of American Foresters, and Association of Consulting Foresters (ACF),

3. Forestry courses offered by the forestry extension and/or forestry college or universities, and

4. Video and correspondence classes if an examination is given and recorded and the participant receives a certificate of completion.

A participant who completes any course listed above or pre-approved by the Board as a Category A course earns one (1) hour of CFE credit for each hour of coursework and one (1) hour of CFE credit for every three (3) hours of tour or field sessions.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 6.3. Category B. The remaining hours of CFE must be completed through participation in forestry-related meetings or committees, holding an elected or appointed office in a recognized forestry organization or association, preparing and/or production of forestry publications or such other job enhancing activities. These activities which satisfy part of the CFE requirement are referred to as Category B.

The following provides a non-exhaustive list of forestry-related activities which qualify as Category B hours and the corresponding number of CFE hours which may be earned per year from each activity:

1. Holding an office or serving as a committee chair (five (5) CFE hours),

2. Serving as an active committee member (two (2) CFE hours),

3. Preparing and publishing technical forestry articles (fifteen (15) CFE hours),

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4. Preparing a newspaper or magazine article (five (5) CFE hours),

5. Providing a presentation in an area of forestry education (one (1) CFE hour, and

6. Completing an hour of self-improvement study on a technical forestry subject (one (1) CFE hour).

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 6.4. Prior Approval of Board for CFE Hours. Additional coursework and forestry-related activities may qualify as CFE hours but require prior approval from the Board if not listed by example above. Requests for prior approval must be made in writing and should contain as much detail as possible regarding the potential coursework or activity (the agenda, topic, times, instructors). Requests for prior CFE approval may be mailed to the following:

CFE Review Committee MS Board of Registration for Foresters Post Office Box 1884 Jackson, MS 39215-1884.

A reply will be made no later than three (3) weeks following receipt of a written request for CFE approval.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 6.5. CFE Audit. The Board reserves the right to audit any CFE Certification and to disapprove any session it finds unacceptable.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Rule 6.6. Exemptions to Continuing Forestry Education (CFE) Requirements

A licensee may be exempt from annual CFE requirements for one of the following reasons:

1. Sixty-Five (65) years of age or older
2. Full-time college student
3. Active-duty military
4. New licensee who received his/her license since the last renewal period
5. Sickness or hardship.

Upon the written request of a licensee and a hearing held thereon, the Board may grant a waiver or exemption on a case-by-case, individual basis upon a finding of unusual or extraordinary

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circumstances beyond the control of the licensee which precluded his/her completion of the annual CFE requirement.

Source: Miss. Code Ann. §§ 73-36-19(1)(a) and (1)(c)

Chapter 7. Reciprocity

Rule 7.1. Reciprocal Application and Fee. Individuals seeking reciprocity pursuant to Miss. Code Ann. § 73-36-31, who are not residents of the state of Mississippi and have no established place of business in the state of Mississippi, must complete the reciprocity application available on the Board’s website located at https://www.borf.ms.gov/application.

A. Where space on the form does not permit an applicant to adequately describe his/her record of experience or practice, the universal applicant may provide supplementary sheets of 8 ½ ‘“ x 11” white paper. Such additional sheets shall be printed on one side only and shall be signed and dated by the applicant. Applications must be clearly typed in black ink.

B. Each reciprocal application must be accompanied by a copy of the reciprocal applicant’s license issued by another state having a current reciprocity agreement with the Board.

C. Each reciprocal application must be accompanied by the reciprocal applicant’s college transcript or a copy of his/her diploma.

D. Applications shall be sworn to and subscribed before a Notary Public, or such other person authorized to administer the oath.

E. The completed application, with all necessary attachments, enclosures, and reciprocal application fee shall be mailed to the Board at Post Office Box 1884, Jackson, MS 39215- 1844.

F. An application not properly completed, not containing the required information, or not accompanied by the required fee will be returned to the applicant with a statement specifying the reason for the application’s return.

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-36-31

Rule 7.2. Reciprocal License Fee. Each reciprocal application for licensure shall be accompanied by a non-refundable reciprocal application fee in the amount of Fifty and No/100 Dollars ($50.00).

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-36-31

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Rule 7.3. Substantially Equivalent Requirements. To satisfy the substantially equivalent requirement of Miss. Code Ann. § 73-36-31, a reciprocal applicant must have graduated with a bachelor’s degree or higher degree from a university or college of forestry accredited by the Society of American Foresters or have completed a forestry curriculum approved by the Board. Each reciprocal application must be accompanied by the applicant’s college transcript or copy of his/her diploma.

Each reciprocal applicant must have successfully passed a written examination equivalent to the Board’s examination, administered by the granting state having a current reciprocity agreement with the Board.

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-36-31

Rule 7.4. Approval of Licensure. Upon approval of licensure, the applicant will be issued a Mississippi reciprocal license and must satisfy all Mississippi licensing and renewal requirements in future license renewal periods. The reciprocal licensee must maintain his/her license in the original granting state and remain in good standing to retain his/her Mississippi reciprocal license.

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-36-31

Chapter 8: Disciplinary Action

Rule 8.1. Form Complaint. Any person who believes another is practicing forestry without a license or who believes a registrant is guilty of fraud, gross negligence or misconduct, may complete and submit the form complaint available on the Board’s website located at https://www.borf.ms.gov/complaints, or as may otherwise be made available by the Board. Where space on the form does not permit a complainant to adequately describe his/her complaint, additional sheets of 8 ½” x 11” white paper may be attached, printed on one side only and signed and dated by the complainant. The complaint shall be signed by the complainant and by a Notary Public or such other person authorized to administer oaths.

The complaint, with any additional pages or attachments, shall be mailed to the Board at Post Office Box 1884, Jackson, MS 39215-1844. The complainant shall receive a letter from the Board acknowledging its receipt of the respective Complaint.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.2. Investigative Procedures. Upon the filing of a Complaint with the Board, the Chair shall refer the Complaint to the Chair of the Complaint Committee (“CCC”). The CCC, or such other Board member as may be designated by the CCC, shall undertake an investigation to determine whether the facts as alleged and evidence presented by the Complaint constitute a violation of applicable law, administrative rule, or the code of ethics.

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During the next regular meeting of the Board scheduled after the investigation has been completed, the CCC, or such other designated Board member, shall present the Complaint and his/her findings to the Board for its consideration and vote.

A. If the Board determines the Complaint lacks merit and therefore no action is warranted, the Complaint shall be dismissed upon a majority vote of a quorum present. Such action shall be reflected by the Board’s minutes, and written notice of the Board’s decision shall be sent to the complainant by mail to his/her address as provided by the Complaint.

B. If the Board finds there are reasonable grounds to indicate that a violation has occurred of law or rule and therefore further action upon the Complaint is warranted, the Board shall, by majority vote of a quorum present, initiate the service of a formal Complaint against the respondent and schedule a disciplinary hearing.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.3. Notice of Formal Complaint and Disciplinary Hearing. The respondent shall be served with the Board’s formal Complaint and Notice of Hearing by certified mail, return receipt requested, to the respondent’s address of record with the Board, at least thirty (30) days prior to the date of the scheduled hearing.

A. The formal Complaint shall state the facts which form the basis of the alleged violation of law or rule with reasonable specificity to enable the respondent to defend against the same. The Notice shall inform the respondent as to the date, time, and location of the hearing, and shall enclose a copy of these administrative rules.

B. The respondent may respond in writing to the allegations of the Complaint within twenty (20) days from the date of service and may choose to be represented by counsel at the disciplinary hearing. The answer, as well as other documents, which may be filed with the Board related to a scheduled disciplinary proceeding shall be mailed to the Board at Post Office Box 1884, Jackson, MS 39215-1844.

C. A motion for a continuance must be made in writing no later than five (5) business days prior to the date of a scheduled disciplinary hearing and may be granted by the Board.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.4. Informal Conference. A respondent may request an informal conference or may be requested to attend an informal conference with the Complaint Committee, the Chair, or such other Board member(s) as designated by the Chair. The respondent has the right to have counsel present at the informal conference, but he/she may only serve in an advisory capacity to the respondent. An informal conference is not an adversarial proceeding nor an administrative hearing.

A. Informal conferences are not official meetings of the Board.

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B. Informal conferences shall be completed at least ten (10) days prior to any scheduled disciplinary hearing.

C. An informal conference resulting in settlement of the complaint shall be affected by an order, subject to presentment and approval of the Board.

a. Should the Board approve the order as proposed by a majority vote of a quorum present, the action shall be reflected by the Board’s minutes.

b. Should the Board disapprove the order as proposed with no suggested amendment by a majority vote of a quorum present, the refusal to accept the proposed order shall be reflected by the Board’s minutes and the complaint shall be resolved by disciplinary hearing as scheduled or rescheduled if necessary.

c. Should the Board disapprove the order as proposed yet suggest an amendment by a majority vote of a quorum present, the amended order shall be presented to the respondent for concurrence, in which case the Board shall approve the amended order by majority vote of a quorum present, with both votes reflected by the Board’s minutes. If the respondent shall not concur with the terms of the amended order, the complaint shall be resolved by disciplinary hearing as scheduled or rescheduled if necessary.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.5. Consent Order. If, after receipt of the formal Complaint but prior to the scheduled disciplinary hearing, a respondent wishes to admit to the allegations of the Complaint and the consequent violation(s) of law and/or rule, a consent order may be entered into between the Board and the respondent, in settlement and in lieu of a disciplinary hearing. A consent order is subject to the approval of the Board, which may, in its discretion, refuse consent. A consent order is voluntarily entered into by the respondent and shall not be subject to an appeal.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.6. Conflict, Bias, and Disqualification

A. A respondent in a disciplinary proceeding may assert conflict or bias by filing with the Board at least three (3) days prior to a scheduled disciplinary hearing an affidavit asserting a conflict or bias against any member(s) of the Board, setting forth in sufficient detail factual bias for the assertion.

B. A Board member shall not be entitled to participate in any disciplinary action if the Board determines such Board member is personally biased against the respondent. The recusal

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or disqualification of Board members shall be considered on the record as a preliminary matter at the hearing before any other questions are decided.

C. The CCC or any other member of the Board who investigates the factual basis and allegations of a complaint shall be disqualified from participating in the disciplinary action resulting from that investigation.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.7. Pre-Hearing Discovery. There shall be no pre-hearing discovery. However, at least seven (7) working days prior to the date of a disciplinary hearing, parties represented by counsel and/or producing witnesses shall provide a list of the same containing the name, address, and telephone number of counsel and/or witnesses, and further, provide a copy of all exhibits which will be produced at the hearing, to the other parties.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Rule 8.8. Disciplinary Hearing

A. The Board may conduct disciplinary hearings with its Chair, or such other member of the Board as may be designated by the Chair, acting as the presiding officer or the Board may appoint a hearing officer to preside. The presiding officer shall have the power to administer oaths, take witness testimony, receive evidence and rule upon all motions and objections. Upon calling the hearing to order, the presiding officer shall apprise the respondent of the specific law and/or rule he/she is alleged to have violated and the factual basis therefor and shall elicit testimony from the respondent confirming timely service of process of the Complaint and Notice.

B. The Board shall have the power to compel the attendance of witnesses and the production of books, documents, records, and other papers by subpoena. Upon the request of the respondent, the Board likewise may also compel the attendance of witnesses and the production of books, documents, records, and other papers by subpoena for and on behalf of respondent.

C. Disciplinary hearings may be recorded and/or transcribed by a court reporter.

D. The Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence are inapplicable to the conduct of disciplinary hearings.

Source: Miss. Code Ann. § 73-36-19(1)(b)

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Rule 8.9. Conduct of Disciplinary Hearing

A. The Board, through its counsel, and the respondent each shall be permitted to make an opening statement and closing statement.

The Board, through its counsel, shall present its evidence first, followed by the respondent. Rebuttal witnesses may be called if necessary. Each witness called may be subject to direct examination, cross-examination, re-direct examination, and re-cross examination, if necessary and in that order. Each witness may be subject to additional examination by individual members of the Board.

B. At the conclusion of hearing, the Board shall vote to enter Executive Session during which the Board shall make its findings of fact and conclusions at law as to each charge alleged in the Complaint. The presiding officer may make recommendations to the Board as to the adjudication upon the Complaint and appropriate sanction to impose upon the respondent. The decision of the Board to suspend or revoke the license of the Registered Forester or to deny the issuance of a license or to cease and desist by a non-licensed individual shall be based on substantial evidence.

C. Upon a finding by the Board that the respondent has violated a provision of law and/or rule, the Board may censure; reprimand; admonish; require the completion of a course in ethics and/or additional education as determined by the Board; assess a civil penalty, inclusive of, but not limited to, the cost incurred by the Board in completing its investigation and in the conduct of the disciplinary hearing; suspend the respondent’s license; revoke the respondent’s license to practice as a forester; or such other discipline as the Board deems appropriate in the circumstances.

D. Following its discussion and decision during Executive Session, the Board shall vote to return to the hearing upon the record and may announce its findings of fact, conclusions at law and order. The Board’s Order shall be reduced to writing not more than sixty (60) days following the date of the hearing and the respondent shall be forwarded a copy of the same by first class and certified mail, return receipt requested. If the respondent is represented by counsel, a copy of the order shall likewise be provided to counsel via first class mail.

Source: Miss. Code Ann. § 73-36-19(1)(b)

Chapter 9. Code of Ethics for the Registered Forester

1. Foresters have a responsibility to manage land for both current and future generations. We pledge to practice and advocate management that will maintain the long-term capacity of the land to provide the variety of materials, uses, and values desired by landowners and society.

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2. Society must respect forest landowners' rights and correspondingly, landowners have a land stewardship responsibility to society. We pledge to practice and advocate forest management in accordance with landowner objectives and professional standards, and to advise landowners of the consequences of deviating from such standards.

3. Sound science is the foundation of the forestry profession. We pledge to strive for continuous improvement of our methods and our personal knowledge and skills; to perform only those services for which we are qualified; and in the biological, physical, and social sciences to use the most appropriate data, methods, and technology.

4. Public policy related to forests must be based on both scientific principles and societal values. We pledge to use our knowledge and skills to help formulate sound forest policies and laws; to challenge and correct untrue statements about forestry; and to foster dialogue among foresters, other professionals, landowners, and the public regarding forest policies.

5. Honest and open communication, coupled with respect for information given in confidence, is essential to good service. We pledge to always present, to the best of our ability, accurate and complete information; to indicate on whose behalf any public statements are made; to fully disclose and resolve any existing or potential conflicts of interest; and to keep proprietary information confidential unless the appropriate person authorizes its disclosure.

6. Professional and civic behavior must be based on honesty, fairness, good will, and respect for the law. We pledge to conduct ourselves in a civil and dignified manner; to respect the needs, contributions, and viewpoints of others; and to give due credit to others for their methods, ideas, or assistance.

7. When participating in a public or private fact-finding session, we will base our opinion upon adequate knowledge of the subject and will not withhold data to substantiate our point of view.

8. We will provide only the services for which we are qualified by experience and or education, and, in practice, will not deviate from accepted professional standards without first advising the employer or client of the expected consequences.

9. We will not place ourselves within any situation giving rise to a conflict of interest or even the appearance of a conflict of interest.

10. We will not accept compensation for the same service from more than one (1) employer or client without full disclosure and consent of all parties.

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11. We will engage or recommend other experts and specialists in forestry or related fields whenever the employer or client will be best served by such action and will work cooperatively with them.

12. If we have evidence of a violation of any of these canons by any Registered Forester, we will present that information to the State Board of Registration for Foresters.

Source: Miss. Code Ann. § 73-36-19(1)(b)

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BOARD OF VETERINARY MEDICINE BOARD OF VETERINARY MEDICINE

Part 1701 The Mississippi Board of Veterinary Medicine established rules as follows with reference to the Mississippi Veterinary Practice Act of 2008 which was passed by the Mississippi House of Representatives and the Mississippi Senate and forwarded to and signed by the Governor.

Chapter 1 Board Organization

30 Miss. Admin. Code Pt. 1701, R. 1.1 Annual meeting

The Board of Veterinary Medicine shall meet each year on the second Tuesday in June to coincide with the administration of the State Board examination.

History

• Source: Miss. Code Ann § 73-39-55.

30 Miss. Admin. Code Pt. 1701, R. 1.2 Election of officers

The Board shall elect from their members a president, vice- president and secretary-treasurer.

History

• Source: Miss. Code Ann § 73-39-55.

30 Miss. Admin. Code Pt. 1701, R. 1.3 Duties of officers

Elected officers shall have duties as set forth in Robert’s Rules of Order.

History

• Source: Miss. Code Ann § 73-39-55.

Chapter 2 Licensure, Fees, Administration Staff, Continuing Education & Examinations

30 Miss. Admin. Code Pt. 1701, R. 2.1 Schedule of fees for licensing and certification

The State Board Examination fee for veterinarians shall set a $200, which includes license fee for the first year following successfully passing the State Board Examination.

History

• Source: Miss. Code Ann § 73-39-55

30 Miss. Admin. Code Pt. 1701, R. 2.2 License renewal

The fee for a license renewal will be $200.00.

History

• Source: Miss. Code Ann § 73-39-75

30 Miss. Admin. Code Pt. 1701, R. 2.3 Duplicate license

A fee of $50.00 will be charged for a duplicate license.

History

• Source: Miss. Code Ann § 73-39-55

30 Miss. Admin. Code Pt. 1701, R. 2.4 Temporary license for new graduates

A temporary license may be issued to a graduate who receives the Doctor of Veterinary Medicine in May or June and who has employment in Mississippi. This license will be valid until State Board Examination on the second Tuesday of June following graduation. A temporary license issued to a new graduate would not prevent the holder of such license from applying for a second temporary license if warranted.

History

• Source: Miss. Code Ann § 73-39-67

30 Miss. Admin. Code Pt. 1701, R. 2.5 Temporary license to graduates of foreign colleges

The Board may grant a temporary license to a graduate of a foreign college of veterinary medicine when the following requirements have been met, passing the North American Veterinary Licensing Examination, establishing educational equivalency and submitting proof of employment in Mississippi.

History

• Source: Miss. Code Ann § 73-39-71

30 Miss. Admin. Code Pt. 1701, R. 2.6 Examination for veterinary licensure

The board shall use the results of the North American Veterinary Licensing Examination as provided by the National Board of Veterinary Medical Licensing Examiners. The passing score shall be determined by the testing entity.

History

• Source: Miss. Code Ann § 73-39-69.

30 Miss. Admin. Code Pt. 1701, R. 2.7 Language of Examinations

All examination applications, examinations and correspondence will be written in the English language.

History

• Source: Miss. Code Ann § 73-39-69.

30 Miss. Admin. Code Pt. 1701, R. 2.8 Applicants not graduates of an accredited college of veterinary medicine

Veterinarians applying for licensure in Mississippi, who are not graduates of an accredited college of veterinary medicine, may establish educational equivalency by successfully passing the examination sponsored by the Educational Commission for Foreign Veterinary Graduates, being certified by the Program Assessing Veterinary Equivalence or completing a one year approved clinical internship.

History

• Source: Miss. Code Ann § 73-39-71.

30 Miss. Admin. Code Pt. 1701, R. 2.9 Examination applicants with documented disability covered under the Americans with Disabilities Act (ADA)

Examination applicants with documented disability covered under the Americans with Disabilities Act (ADA) and requiring test accommodations for the State Board Examination must contact the Board at least 60 days prior to the scheduled examination. Applicants for the North American Veterinary Licensing Examination with documented disabilities must comply with the procedures as set forth by the National Board of Veterinary Medical Examiners.

History

• Source: Miss. Code Ann § 73-39-69.

30 Miss. Admin. Code Pt. 1701, R. 2.10 Examination for technicians/technologists

All certified veterinary technicians/technologists must earn a minimum of ten (10) continuing education credits with one clock hour earning one continuing credit which must be documented by submitting copies of registration and proof of attendance with the application for certification renewal.

History

• Source: Miss. Code Ann §73-39-63

30 Miss. Admin. Code Pt. 1701, R. 2.11 Continuing professional education for technicians/technologists

All certified veterinary technicians/technologists must earn a minimum of ten (10) continuing education credits with one clock hour earning one continuing credit which must be documented by submitting copies of registration and proof of attendance with the application for certification renewal. Credits may be earned through distance education or other approved programs.

History

• Source: Miss. Code Ann § 73-39-63.

30 Miss. Admin. Code Pt. 1701, R. 2.12 Continuing education requirements for veterinarians

The Board shall require proof of fifteen (15) hours of continuing education credit, with one clock hour of continuing education earning one credit. Ten credits from contact learning experiences are required. Five credits may be earned through any RACE approved program.

History

• Source: Miss. Code Ann § 73-39-75.

30 Miss. Admin. Code Pt. 1701, R. 2.13 Notices of Continuing Education

The Board voted to allow the Executive Secretary to send notices of approval of Continuing Education requests to the requesting agency without a vote of the Board of Veterinary Medicine if the request is for contact hours that are race approved.

History

• Source: Miss. Code Ann § 73-39-75.

Chapter 3 Ethics

30 Miss. Admin. Code Pt. 1701, R. 3.1 American Veterinary Medical code of Ethics

By rule any violation of the American Veterinary Medical Association code of Ethics shall be considered unprofessional conduct and shall therefore be in violation of the Mississippi Veterinary Practice Act 73-39-77. Mississippi Code 1972 Section 14 paragraph O.

History

• Source: Miss. Code Ann § 73-39-77.

Chapter 4 Procedures for Complaints and Hearings

30 Miss. Admin. Code Pt. 1701, R. 4.1 Hearing procedure

The board shall appoint the Board attorney as hearing officer for all hearings and conduct the hearing in the as set forth in the following rule. In order to ensure that the public and veterinarians are informed on how to make and respond to complaints, that all complaints are properly investigated or that hearings are conducted in a fair and organized manner, the Mississippi Board of Veterinary Medicine adopts the following Procedures for Complaints and Hearings.

History

• Source: Miss. Code Ann § 73-39-57.

30 Miss. Admin. Code Pt. 1701, R. 4.2 Informing the public of how to make complaints

The Board of Veterinary Medicine shall forward to each licensed veterinarian for prominent posting in their respective practice facilities the following notice, to –wit:

Notices: If you wish to make a complaint of malpractice or negligence concerning the veterinary medical services you have received, a complaint form may be obtained by calling or writing the Executive Secretary of the Mississippi Board of Veterinary Medicine at the following address or telephone number:

Mississippi Board of Veterinary Medicine 209 South Lafayette Starkville, Mississippi 39759 Mississippi88797@bellsouth.net 662-324-9380

History

• Source: Miss. Code Ann § 73-39-57

30 Miss. Admin. Code Pt. 1701, R. 4.3 The complaint and hearing process

A. All complaints shall be filed on a form obtained from the Board’s executive secretary or attorney. Complaints shall meet the criteria established on that form.

B. Upon receipt, the complaint will be forwarded to the Board’s attorney who shall assign the complaint a docket number. All future documents relating to a particular case will make reference to that docket number and will be entered in a docket book. Docket books will be kept at the office of the Board’s attorney and executive secretary.

C. The Board’s attorney will present any complaints and supporting documentation received to the board at its next meeting. The Board will review all complaints. The standard by which the complaints shall by reviewed is the expected and reasonable standard of the profession. By that it is meant that a veterinarian must possess that reasonable degree of learning, skill and experience which ordinarily is possessed by others of the profession, and that a veterinarian must exercise reasonable and ordinary care and diligence in the exertion of this skill and the application of this knowledge, and exert one’s best judgment as to the treatment of the case intrusted to the veterinarian- in short, a veterinarian is bound to bestow such reasonable and ordinary care, skill and diligence as veterinarians in good standing in the same neighborhood, in the same general line of practice, ordinarily have and exercise in like cases After review, the Board shall make a preliminary determination which shall be one of the following:

1. Dismiss the complaint; or

2. Request a response from the respondent veterinarian; or 3. Schedule an informal hearing; or 4. Schedule a formal hearing.

If a response is requested from the respondent veterinarian the response will be considered at the next meeting of the Board, following the initial presentation of the complaint. At that time the Board shall make one of the determinations outlined above, i.e., 1, 3 or 4.

The initial review by the Board shall consist of a reading of the sworn complaint of the complaining party, together with any relevant documentation. This documentation may include medical records, pictures, bills for services, autopsy reports, articles and any additional records submitted and deemed relevant by the Board. If the respondent veterinarian is requested to respond, specifically including office notes, test results and x-rays.

The Board will dismiss all complaints which are frivolous or which would not permit the Board to take any action under the Mississippi Veterinary Practice Act. If no punitive action against a respondent veterinarian is contemplated, but the Board feels a benefit would result to the respondent veterinarian or the complainant, an informal hearing will be scheduled. If the Board determines that the complaint is so severe that punitive action against a respondent is possible or probable, the Board will schedule a formal hearing.

In determining whether to dismiss a complaint or whether to hold an informal or formal hearing, the Board will hold a formal hearing when the preliminary review of the complaint and supporting documentation reveals the existence of one of the grounds for revocation enumerated in § 79-39-19. Additionally, any report from the Department of Justice, Drug Enforcement Agency or the United States Department of Agriculture, Animal Plant Health Inspection Service or any other federal or state regulatory entity which indicates the existence of one of the grounds enumerated in § 79-39-19 shall result in a formal hearing.

D. Within fifteen (15) days of making its decision as outlined in C, the complainant and respondent veterinarian will be notified of the Board’s decision.

E. If an informal hearing is scheduled, the complainant and respondent veterinarian may present any documentation and testify (not under oath) to present the facts of the case. At the conclusion of the informal hearing, the Board will advise all parties of its decision within fifteen (15) days. At an informal hearing if the Board feels some punitive action is warranted, a formal hearing will be scheduled.

F. If a formal hearing is scheduled, a court reporter will be supplied by the Board to record the proceedings. Either the complainant or the respondent veterinarian may bring legal counsel. Witnesses must testify under oath.

G. In conformity with § 73-39-20 all hearings will be held in Jackson, Mississippi.

H. If the respondent veterinarian feels aggrieved by the decision of the Mississippi Board of Veterinary Medicine, he or she may file an appeal with the Chancery Court in Hinds County.

I. If the Board elects to revoke the license of the respondent veterinarian, the Executive Secretary of the Board shall notify the Circuit Clerk of the county wherein such formerly licensed person’s address of record with the Board is located that the license has been revoked. The Circuit Clerk shall record the notice in the book which he is required to keep under the provisions of § 73-39-17.

J. At the conclusion of a formal hearing the Board may take one or more of the following actions:

1. Dismiss the complaint; 2. Revoke the respondent veterinarians license; 3. Suspend the respondent veterinarians license for a period of time without conditions; 4. Suspend the respondent veterinarian’s license for a period of time with conditions; 5. Place the respondent veterinarian’s license on probation; 6. Fine the respondent veterinarian; 7. Reprimand the respondent veterinarian.

K. While the Board has no regularly scheduled meetings (except the June meeting), thereby making a standard of timeliness difficult to establish, the Board adopts and will attempt to comply with the following guidelines; L. EVENT ACTION TIME Filing of Complaint Preliminary Review Next Board Meeting Decision of Board after preliminary consideration Advising parties of decision 15 days Decision of Board after informal hearing Advising parties of decision 15 days Decision of Board after formal hearing Advising parties of decision 30 days Receipt by respondent veterinarian Appeal of Board’s decision 30 days

History

• Source: Miss. Code Ann § 73-39-57.

30 Miss. Admin. Code Pt. 1701, R. 4.4 Analysis of Complaints

At the conclusion of each calendar year the Board shall review, categorize and analyze all complaints filed. Upon completion of this analysis the Board will recommend ways to diminish recurrence of complaints, including making recommendations will be spread upon the official minutes of the Board and to the extent possible, effectuated.

History

• Source: Miss. Code Ann § 73-39-57

Chapter 5 Rules Governing Animals

30 Miss. Admin. Code Pt. 1701, R. 5.1 Livestock Management Procedures

Accepted livestock management procedures are defined by rule of the Board as generally accepted animal husbandry practices and other procedures not defined in this act as the practice of veterinary medicine

History

• Source: Miss. Code Ann § 73-39-57.

Chapter 6 Rules Governing the Diagnosis of Pregnancy of Cattle and Other Livestock

30 Miss. Admin. Code Pt. 1701, R. 6.1 Dealers who purchases or sells livestock

It is required that any dealer who purchases, deals in or sells livestock, or who acts as commission representative or broker, or who operates and conducts an auction where livestock are sold, use only a veterinarian licensed in the State of Mississippi to diagnose pregnancy in cattle or other livestock.

History

• Source: Miss. Code Ann § 73-39-57.

30 Miss. Admin. Code Pt. 1701, R. 6.2 Regulation adopted governing diagnosis of pregnancy of cattle and other livestock

By virtue of the authority granted the Mississippi Board of Veterinary Medicine under the provisions of the State Laws governing Board of Veterinary Medicine, as established by the Mississippi Veterinary Practice Act, Miss. Code Ann. § 73-39-57, Mississippi Code of 1972, the following regulation is adopted governing the diagnosis of pregnancy of cattle and other livestock by livestock dealers.

History

• Source: Miss. Code Ann § 73-39-57

30 Miss. Admin. Code Pt. 1701, R. 6.3 Diagnosing of Pregnancy

The diagnosing of pregnancy in cattle and other livestock clearly constitutes the practice of veterinary medicine and, thus may only performed by a veterinarian licensed to practice veterinary medicine in the State of Mississippi.

History

• Source: Miss. Code Ann § 73-39-57

30 Miss. Admin. Code Pt. 1701, R. 6.4 Terms

The following terms shall have the meanings ascribed to them herein unless the context clearly requires otherwise.

A. “Dealer” or “Livestock Dealer” means any person or agent who buys, sells or offers to sell, exchange, barter or negotiate the sale of livestock in this state.

B. “Dealer” or “Livestock Dealer” does not mean:

1. A person who offers to sell or trade livestock which he has produced and raised;

2. A person who offers for sale or trade livestock which he has owned or had in his possession for a period of ninety (90) days or longer and is not engaged in the business of buying, selling, trading or negotiating the transfer of livestock; 3. A person who purchases livestock for breeding purposes and retains them in his possession for ninety (90) days or longer; 4. A person engaged in the business of buying and slaughtering livestock for food and in marketing the meat products therefrom, provided that all animals purchased are slaughtered.

C. “Person” means an individual, partnership, corporation, association or other legal entity.

D. “Livestock” means all hoofed animals raised or maintained in captivity for the production of meat or other products, for sport, or exhibition.

History

• Source: Miss. Code Ann § 73-39-57

30 Miss. Admin. Code Pt. 1701, R. 6.5 Requirements of Dealers

All persons doing business as a dealer or livestock dealer who diagnoses pregnancy in cattle and other livestock in connection with the buying and selling, trading or negotiating the transfer of cattle and other livestock are required to use only a veterinarian licensed to practice in the State of Mississippi.

History

• Source: Miss. Code Ann § 73-39-57

COMMERCIAL RADIO SERVICE BOARD COMMERCIAL RADIO SERVICE BOARD

Part 601 Organization and Structure

Chapter 1 General Provision

30 Miss. Admin. Code Pt. 601, R. 1.1 Definitions

The following terms shall have the meanings ascribed herein:

1. The terms "Board" and "CMRS Board" mean the Commercial Mobile Radio Service Board.

2. The term "automatic number identification" or "ANI" means an enhanced 911 service capability that enables the automatic display of the ten-digit wireless telephone number used to place a 911 call and includes "pseudo-automatic number identification" or "pseudo-ANI," which means an enhanced 911- service capability that enables the automatic display of the number of the cell site and an identification of the CMRS provider.

3. The term "commercial mobile radio service" or "CMRS" means commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66. The term includes the term "wireless" and service provided by any wireless real time two-way voice communication device, including radio- telephone communications used in cellular telephone service, personal communication service, or the functional or competitive equivalent of a radio- telephone communications line used in cellular telephone service, a personal communication service, specialized mobile radio service, or a network radio access line. The term does not include service whose customers do not have access to 911 or to a 911-like service, to a communications channel suitable only for date transmission, to a wireless roaming service or other non-local radio access line service, or to a private telecommunications system.

4. The term "commercial mobile radio service provider" or "CMRS provider" or the plural thereof, as the context requires, means a person or entity who provides commercial mobile radio service or CMRS service.

5. The term "CMRS connection" or the plural thereof, as the context requires, means each mobile handset telephone number assigned to a CMRS customer with a service address in the State of Mississippi.

6. The term "CMRS Fund" means the Commercial Mobile Radio Service Fund required to be established and maintained pursuant to Section II of these rules.

7. The term "CMRS service charge" or the plural thereof, as the context requires, means the CMRS emergency telephone service charge levied, maintained and collected pursuant to Section II of these rules.

8. The term "distribution formula" means the formula specified in Section II, 2-3 of these rules by which monies generated from the CMRS service charge are distributed on a percentage basis to emergency communications districts and to the CMRS Fund.

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9. The term "ECD" means an emergency communications district created pursuant to Section 19-5-301, et seq., Mississippi Code of 1972, or by local and private acts of the State of Mississippi.

10. The term "enhanced 911," "E9ll," "enhanced E911 system" or "E911 system" means an emergency telephone system that provides the caller with emergency 911 system service, that directs enhanced 911 calls to the appropriate public safety answering points by selective routing based on the geographical location from which the call originated, and that provides the capability for automatic number identification and other features that the Federal Communications Commission (FCC) may require in the future.

11. The term "exchange access facility" means an "exchange access facility" as defined by Section 19-5-303, Mississippi Code of 1972.

12. The term "FCC Order" means the order of the Federal Communications Commission, FCC Docket No. 94-102, adopted on June 12, 1996, and released on July 26, 1996.

13. The term "service address" means the location address if the location address is known and accessible; however, if the location address is not known and accessible, the term shall mean the billing address.

14. The term "service supplier" or the plural thereof, as the context requires, means a "service supplier" as defined by Section 19-5-303, Mississippi Code of 1972.

15. The term "technical proprietary information" means technology descriptions, technical information or trade secrets and the actual or developmental costs thereof which are developed, produced or received internally by a CMRS provider or by a CMRS provider's employees, directors, officers or agents.

History

• Source: Miss. Code Ann. §§19-5-331 and 19-5-333(2)(h) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 601, R. 1.2 Method of Operation

Commercial Mobile Radio Service Board P. O. Box 22692 Jackson, MS 39225-2692 Phone: 601-969-2178 Fax: 601-326-1400 Email: www.mscmrs.org.

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1. There is created a Commercial Mobile Radio Service (CMRS) Board, consisting of seven (7) members to be appointed by the Governor with the advice and consent of the Senate. The members of the board shall be appointed as follows:

a) One (1) member from the Northern Public Service Commission District selected from two (2) nominees submitted to the Governor by the Mississippi 911 Coordinators Association;

b) One (1) member from the Central Public Service Commission District selected from two (2) nominees submitted to the Governor by the Mississippi Chapter of the Association of Public Safety Communication Officers;

c) One (1) member from the Southern Public Service Commission District selected from two (2) nominees submitted to the Governor by the National Emergency Numbering Association;

d) Two (2) members who are wireless provider representatives;

e) One (1) member who is a consumer representing the state at large with no affiliation to the three (3) trade associations or the wireless providers; and

f) One (1) member who is a member of the Mississippi Law Enforcement Officers Association selected from two (2) nominees submitted to the Governor by the association.

The initial terms of the board members, as appointed after July 1, 2002, shall be staggered as follows: the members appointed under paragraph (d) shall serve a term of two (2) years; the member appointed under paragraph (e) shall serve a term of one (1) year. After the expiration of the initial terms, the term for all members shall be four (4) years.

2. The board shall have the following powers and duties:

a) To collect and distribute a CMRS emergency telephone service charge on each CMRS customer whose place of primary use is within the state. The rate of such CMRS service charge shall be One Dollar ($1.00) per month per CMRS connection. The CMRS service charge shall have uniform application and shall be imposed throughout the state. The board is authorized to receive all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5- 335.

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b) To establish and maintain the CMRS Fund as an insured, interest- bearing account into which the board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5- 335. The revenues which are deposited into the CMRS Fund shall not be monies or property of the state and shall not be subject to appropriation by the Legislature. Interest derived from the CMRS Fund shall be divided equally to pay reasonable costs incurred by providers in compliance with the requirements of Sections 19-5- 331 through 19-5-341 and to compensate those persons, parties or firms employed by the CMRS Board as contemplated in paragraph (d) of this subsection. The interest income is not subject to the two percent (2%) cap on administrative spending established in Section 19-5-335(3).

c) To establish a distribution formula by which the board will make disbursements of the CMRS service charge in the following amounts and in the following manner:

(i) Out of the funds collected by the board, thirty percent (30%) shall be deposited into the CMRS Fund, and shall be used to defray the administrative expenses of the board in accordance with Section 19-5-335(3) and to pay the actual costs incurred by such CMRS providers in complying with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including, but not limited to, costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing or maintaining all necessary data, hardware and software required in order to provide such service as well as the incremental costs of operating such service. Sworn invoices must be presented to the board in connection with any request for payment and approved by a majority vote of the board prior to any such disbursement, which approval shall not be withheld or delayed unreasonably. In no event shall any invoice for payment be approved for the payment of costs that are not related to compliance with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, and any rules and regulations which may be adopted by the FCC with respect to implementation of wireless E911 services.

Page 6 of 15

(ii) The remainder of all funds collected by the board, which shall not be less than seventy percent (70%) of the total funds collected by the board, shall be distributed by the board monthly based on the number of CMRS connections in each ECD for use in providing wireless E911 service, including capital improvements, and in their normal operations. For purposes of distributing the funds to each ECD, every CMRS provider shall identify to the CMRS Board the ECD to which funds should be remitted based on zip code plus four (4) designation, as required by the federal Uniform Sourcing Act.

An ECD board that has within its jurisdiction zip code designations that do not adhere to county lines shall assist CMRS providers in determining the appropriate county to which funds should be distributed.

d) To contract for the services of accountants, attorneys, consultants, engineers and any other persons, firms or parties the board deems necessary to effectuate the purposes of Sections 19-5-331 through 19-5-341.

e) To obtain from an independent, third-party auditor retained by the board annual reports to the board no later than sixty (60) days after the close of each fiscal year, which shall provide an accounting for all CMRS service charges deposited into the CMRS Fund during the preceding fiscal year and all disbursements to ECDs during the preceding fiscal year. The board shall provide a copy of the annual reports to the Chairmen of the Public Utilities Committees of the House of Representatives and Senate.

f) To retain an independent, third-party accountant who shall audit CMRS providers at the discretion of the CMRS Board to verify the accuracy of each CMRS provider’s service charge collection. The information obtained by the audits shall be used solely for the purpose of verifying that CMRS providers accurately are collecting and remitting the CMRS service charge and may be used for any legal action initiated by the board against CMRS providers.

g) To levy interest charges at the legal rate of interest established in Section 75-17-1 on any amount due and outstanding from any CMRS provider who fails to remit service charges in accordance with Section 19-5-335(1).

Page 7 of 15

h) To promulgate such rules and regulations as may be necessary to effect the provisions of Sections 19-5-331 through 19-5-341.

i) To make the determinations and disbursements as provided by Section 19-5-333(2)(c).

j) To maintain a registration database of all CMRS providers and to impose an administrative fine on any provider that fails to comply with the registration requirements in Section 19-5-335.

3. The CMRS service charge provided in subsection (2)(a) of this section and the service charge provided in Section 19-5-357 to fund the training of public safety telecommunicators shall be the only charges assessed to CMRS customers relating to emergency telephone services.

4. The board shall serve without compensation; however, members of the board shall be entitled to be reimbursed for actual expenses and travel costs associated with their service in an amount not to exceed the reimbursement authorized for state officers and employees in Section 25-3-41, Mississippi Code of 1972.

5. It is the Legislature's intent to ensure that the State of Mississippi shall be Phase I compliant by July 1, 2005. For purposes of this subsection, Phase I compliant means the mandate by the FCC that requires any carrier when responding to a PSAP to define and deliver data related to the cell site location and the caller's call-back number.

History

• Source: Miss. Code Ann. §19-5-333 (Rev. 2003 & Supp. 2010); and Miss. Code Ann. §25-43- 2.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 601, R. 1.3 Membership

The CMRS Board reserves the right to recommend the individual or organization which initiates the appointment, removal of a member who fails to attend three (3) consecutive regularly scheduled meetings of the Board.

§25-43-2.104 (Rev. 2010).

History

• Source: Miss. Code Ann. §19-5-333(2)(h) (Rev. 2003 & Supp. 2010); and Miss. Code Ann.

30 Miss. Admin. Code Pt. 601, R. 1.4 Oral Proceedings On Proposed Rules

1. Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the CMRS Board pursuant to Section 25-43-3.104, Mississippi Code of 1972, as amended

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2. When Oral Proceedings will be Scheduled on Proposed Rules. The CMRS Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

3. Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the CMRS Board and signed by the requestor(s).

4. Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

5. Presiding Officer. The Chairperson or his or her designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

6. Public Presentations and Participation.

a) At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

b) Persons wishing to make oral presentations at such a proceeding shall notify the CMRS Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding chairperson in his or her discretion may allow individuals to participate that have not previously contacted the CMRS Board.

c) At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding chairperson.

d) The presiding chairperson may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

e) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

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f) There shall be no interruption of a participant who has been given the floor by the presiding chairperson, except that the presiding chairperson may in his or her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires.

7. Conduct of Oral Proceeding.

a) Presiding chairperson. The presiding chairperson shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding chairperson shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the CMRS Board for the proposed rule; (ii) call on those individuals who have contacted the CMRS Board about speaking on or against the proposed rule; (iii) allow for rebuttal statements following all participants’ comments; (iv) adjourn the proceeding.

b) Questions. The presiding chairperson, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding chairperson may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

c) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding chairperson. Such submissions become the property of the CMRS Board and are subject to the CMRS Board’s public records request procedure.

d) Recording. The CMRS Board may record oral proceedings by stenographic or electronic means.

§§25-43-2.104 and 25-43-3.104 (Rev. 2010).

History

• Source: Miss. Code Ann. §19-5-333(2)(h) (Rev. 2003 & Supp. 2010); and Miss. Code Ann.

30 Miss. Admin. Code Pt. 601, R. 1.5 Declaratory Opinions

1. Scope. These rules set forth the CMRS Board’s rules governing the form and content of requests for declaratory opinions, and the CMRS Board’s procedures regarding the requests, as required by Section 25-43-2.103, Mississippi Code of 1972, as amended. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

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2. Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the CMRS Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the CMRS Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the agency” means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

3. Subjects Which May Be Addressed In Declaratory Opinions. The CMRS Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the CMRS Board or (2) a rule promulgated by the CMRS Board. The CMRS Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency.

4. Circumstances in which Declaratory Opinions Will Not Be Issued. The CMRS Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

a) lack of clarity concerning the question presented;

b) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

c) the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

d) the facts presented in the request are not sufficient to answer the question presented;

e) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

f) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

g) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

h) the question presented by the request concerns the legal validity of a statute or rule;

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i) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

j) no clear answer is determinable;

k) the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

l) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

m) the question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

n) a similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such a opinion would constitute the unauthorized practice of law;

o) where issuance of a declaratory opinion may adversely affect the interests of the State, the CMRS Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; and

p) the question involves eligibility for a license, permit, certificate or other approval by the CMRS Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

5. Written Request Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the CMRS Board.

6. Where to Send Requests. All requests must be mailed, delivered or transmitted via facsimile to the CMRS Board. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests or email requests will be accepted for official opinions.

7. Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete,

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and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

8. Question Presented. Each request shall contain the following:

a) a clear and concise statement of all facts on which the opinion is requested;

b) a citation to the statute or rule at issue;

c) the question(s) sought to be answered in the opinion, stated clearly;

d) a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

e) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

f) a statement to show that the person seeking the opinion has a substantial interest in the subject matter.

9. Time for CMRS Board’s Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the CMRS Board shall, in writing:

a) issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

b) decline to issue a declaratory opinion, stating the reasons for its action; or

c) agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request.

The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received by the CMRS Board, whichever is sooner.

10. Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the CMRS Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

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11. Notice by CMRS Board to third parties. The CMRS Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

12. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the CMRS Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

13. Effect of a Declaratory Opinion. The CMRS Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the CMRS Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the CMRS Board shall be binding only on the CMRS Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

§§25-43-2.103 and 25-43-2.104 (Rev. 2010).

History

• Source: Miss. Code Ann. §19-5-333(2)(h) (Rev. 2003 & Supp. 2010); and Miss. Code Ann.

30 Miss. Admin. Code Pt. 601, R. 1.6 Open Records Request

Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Board should make a written request, signed by themselves to be mailed to the present custodian of the records, Horne, LLP, P.O. Box 22692, Jackson, Mississippi, 39225-2692. This rule is not intended to apply to any record or other document, which is exempt under the provisions of Sections 195-331 et. seq., Mississippi Code Annotated, as amended, or the provisions of the Open Records Act.

The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include if possible a description of the type of record, dates, title of a publication, and other information which may aid in locating the record.

The written request must specify what the applicant proposes to do with the record, i.e., inspect, copy, etc.; state the date and time for the proposed activity; state the number of persons scheduled to participate; and shall provide the name, address, and home and office telephone number of the applicant.

The custodian of records, upon receipt of any such request, shall review same and determine whether the records sought are exempt and shall either produce the records or allow access to records or deny access to or production of the records sought within fourteen (14) working days of the receipt of the request.

All inspection, copying or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designate by the CMRS Board. It shall be the duty of the applicant to contact the custodian of records by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.

If the custodian of records determines that the records requested are exempt or privileged under the law, he shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years.

The custodian of records is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping and/or duplicating records and to require payment in advance of such estimated charges prior to complying with the request. There shall be a charge of $0.50 per page for each copy. Copies printed on both sides (front and back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice be given to a third party, the cost of mailing such notice via certified mail, return receipt requested shall be charged to the person requesting such public records. In the event the actual cost of such activity exceeds the estimate, the custodian of

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records is authorized to withhold mailing or delivery of said documents or to delay the inspection until the difference is paid

There shall be no charge for inspection of the current CMRS Board records maintained in the custodian of records’ office. Cost of obtaining records from any state storage facilities and the search for it shall be charged to the applicant.

Code Ann. §§25-6-1 through 25-61-12 (Rev. 2010).

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010); and Miss.

Part 603 Regulatory

Chapter 1 CMRS Service Charge

30 Miss. Admin. Code Pt. 603, R. 1.1 Emergency Telephone Service Charge

The Board shall collect and distribute a CMRS emergency service charge on each CMRS connection that has a billing address within the state. The rate of such wireless service charge shall be One Dollar ($1.00) per month per CMRS connection, beginning 13 April 1998. The CMRS service charge shall have uniform application and shall be imposed throughout the state.

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and (i) and 19-5-335(1) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 1.2 Collection and Remittance of Service Charge

Each CMRS provider shall act as a collection agent for the CMRS Fund and shall, as part of the provider's normal monthly billing process, collect the CMRS service charges levied upon CMRS connections from each CMRS connection to whom the billing provider provides CMRS service and shall, not later than thirty (30) days after the end of the calendar month in which such CMRS service charges are collected, remit to the Board the net CMRS service charges so collected after deducting an administrative fee as described in subsection 2-3 below. Each billing provider shall list the CMRS service charge as a separate entry on each bill which includes a CMRS service charge.

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and (i) and 19-5-335(1) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 1.3 CMRS Collection Costs

Each CMRS provider shall be entitled to deduct and retain from the CMRS service charges collected by such provider during each calendar month an amount not to exceed one percent (1%) of the gross aggregate amount of such CMRS service charges so collected as reimbursement for the costs incurred by such provider in collecting, handling and processing such CMRS service charges.

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-335(2) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 1.4 CMRS Fund Account

The Board shall establish and maintain the CMRS Fund as an insured, interest-bearing account into which the board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections in the state.

History

• Source: Miss. Code Ann. §19-5-333(2)(b), (h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 1.5 Interest

The CMRS Board shall have the power to levy interest charges at the legal rate of interest established in Section 75-17-1, Mississippi Code Annotated of 1972, as amended, on any amount due and outstanding from any CMRS provider who fails to remit service charges in accordance with Section 19-5-335(1).

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The Board shall levy interest charges at the legal rate of interest based on the date the money is received and not the post-marked date on any amount due and outstanding from any CMRS provider who remits payment thirty (30) days after the end of the calendar month.

History

• Source: Miss. Code Ann. §19-5-333(2)(g), (h) and (i) (Rev. 2003 & Supp. 2010).

Chapter 2 Distribution of Service Charge

30 Miss. Admin. Code Pt. 603, R. 2.1 Disbursement of Service Charge

The Board shall establish a distribution formula by which the Board will make disbursements of the CMRS service charge in the following amounts and in the following manner: a) Out of the funds collected by the Board, thirty percent (30%) shall be deposited into the CMRS Fund and shall be disbursed to CMRS providers as described in Section IV, CMRS Cost Recovery. The Board shall be entitled to retain from the CMRS service charges collected during each calendar month an amount not to exceed two percent (2%) of the money allocated to the CMRS Fund as reimbursement for the costs incurred by the Board. Such costs include, but are not limited to, retaining and paying the independent, third-party auditor to review and disburse the cost recovery funds and to prepare all necessary reports.

b) The remainder of all funds collected by the Board, which shall not be less than seventy percent (70%) of the total funds collected by the Board, shall be distributed by the Board monthly based on the number of CMRS connections in each ECD for use in providing wireless E911 service, including capital improvements, and in their normal operations.

History

• Source: Miss. Code Ann. §19-5-333(2)(c), (h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 2.2 Distribution Formula

The CMRS service charge shall be $1.00 as established by state law. From the $1.00 service charge collected by each provider as contemplated by Section 19-5- 331 of the Mississippi Code of 1972, as amended:

a) 1 cent shall be retained by the providers to cover their cost of collecting, handling and processing the service charge.

b) 99 cents shall be forwarded by the provider to the CMRS Board.

c) Thirty percent (30%) of the 99 cents, or 29.70 cents, shall be identified for use to reimburse service suppliers for expenses as specified in the applicable sections of state law

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to meet FCC mandates and to pay Board expenses. Board expenses shall not exceed two percent (2%) of the thirty percent (30%) of the 99 cents or .594 cents. Thus, the remaining 29.106 cents will be available to reimburse service suppliers.

d) Seventy percent (70%) of the 99 cents, or 69.3 cents, shall be identified to be distributed to the respective county Emergency Communications Districts (ECDs) from which the service charge was imposed.

History

• Source: Miss. Code Ann. §§19-5-333(2)(a),(c), (h) and (i) and 19-5-335(2) and (3) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 2.3 Distribution of Funds to ECD

All funds due to the respective ECDs as their proportionate share of the funds received and on deposit in the Commercial Mobile Radio Service Fund (CMRS Fund) shall be disbursed, no later than ten (10) business days after the date those are due to the Board from various commercial mobile radio service providers.

History

• Source: Miss. Code Ann. §19-5-333(2)(h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 2.4 Cost Study

The Board shall conduct a cost study on or before October 1, 1999, and adjust the distribution formula to reflect actual costs to be incurred by each CMRS provider in order to comply with Phase One of the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order.

History

• Source: Miss. Code Ann. §19-5-333(2)(h) and (i) (Rev. 2003 & Supp. 2010).

Chapter 3 CMRS Cost Recovery

30 Miss. Admin. Code Pt. 603, R. 3.1 Payment to CMRS Providers

The Board shall pay the actual costs incurred by such CMRS providers in complying with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order. In no event shall any invoice for payment be approved for the payment of costs that are not related to such compliance.

History

• Source: Miss. Code Ann. §19-5-333(2)(c)(i), (h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 3.2 Cost Recovery Plan

1. Upon receipt of a request for wireless E9-1-1 service from a Mississippi Emergence Communication District or Districts (ECDs), the CMRS carrier will develop a comprehensive detailed plan for implementation of E9-1-1 service for the ECD, or the appropriate service area if the CMRS carrier’s switch serves more than one ECD.

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2. The plan, complete with cost information, will be presented to the requesting ECD for concurrence. Upon acceptance of the plan and the associated cost structure by the ECD, the ECD (in person or by proxy) and CMRS carrier will present the plan to the Board for its approval. The CMRS carrier shall present in writing to the Board detailed coverage area and customer information to ensure expedient roll-out of wireless E9-1-1 service as requests are received and approved by the Board.

3. After initial acceptance of a CMRS carrier’s plan using a particular solution by the Board, the CMRS carrier need not make additional presentations to the Board as to that particular solution. Certified letters shall be sent to the Board with notification of additional serve implementation in the state and the resulting cost recovery represented.

4. The initial cost recovery plan presented to the Board is intended to allow for the recovery of a carrier’s cost on a one time basis (NRC) and/or recurring monthly basis (MRC). A list of anticipated MRCs and NRCs is set forth below, but the list will vary depending upon the CMRS carrier and the selected E911 solution:

Trunks:

Trunking Connection fee to 9-1-1 Selective Router (per DSO)

Engineering & Network Costs:

Facilities; T-1's, selective router ports Routing Charges Operations Engineering Switch upgrades Research & Development Network design Test plan development

Database Cost

P-ANI administration Database management

Other

Reporting Software Other

5. The Board shall provide the CMRS carrier either approval or denial of the cost recovery plan in writing, and send by certified United States Mail or by any other express service

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requiring a delivery signature. If the Board denies a CMRS carrier’s cost recovery plan, the Board shall provide express reasons for the denial in writing within 3 days of the denial. The CMRS carrier may resubmit or revise cost recovery plans as soon as the Board approves an acceptable date. If the Board approves the cost recovery plan, then the CMRS carrier and the Board shall sign the model contract, attaching the cost recovery plan.

2010).

History

• Source: Miss. Code Ann. §§19-5-333(2)(c)(i),(h) and (i) and 19-5-339 (Rev. 2003 & Supp.

30 Miss. Admin. Code Pt. 603, R. 3.3 Reimbursement Claims

Once a cost recovery plan is approved, the CMRS carrier may file claims for reimbursement of non-recurring costs and/or recurring costs. The amount of reimbursement that the CMRS carrier is entitled to receive may be calculated in several ways:

a) by multiplying the number of CMRS subscribers receiving wireless E911 service as reported by the CMRS carrier prior to its request for reimbursement by the amount authorized per subscriber for cost recovery by the Board. CMRS carriers shall be required to report their subscriber count no less than once a quarter. The dollar amount paid to the CMRS carrier will vary based on total number of subscribers reported by the CMRS carrier;

b) by submission of the actual recurring and nonrecurring costs incurred by the carrier and approved by the Board; and/or

c) by a combination of methods (1) and (2).

History

• Source: Miss. Code Ann. §19-5-333(2)(c)(i),(h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 3.4 Pre-Plan Costs

1. No Phase I costs incurred by a carrier more than 12 months prior to receipt of the carrier’s initial or amended cost recovery plan by the CMRS Board will be considered or reimbursed. Carrier’s initial or amended Phase I Cost recovery plan must be submitted by a method requiring delivery receipt (Certified return receipt mail, Fed EX, etc.).

2. No Phase II costs incurred by a carrier more than 12 months prior to receipt of the carrier’s initial or amended cost recovery plan by the CMRS Board will be considered or reimbursed. Carrier’s initial or amended Phase II Cost recovery plan must be submitted by a method requiring delivery receipt (Certified return receipt mail, Fed EX, etc.).

History

• Source: Miss. Code Ann. §19-5-333(2)(h) and (i) (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 3.5 Plan Amendments

CMRS carriers are required to submit revised cost recovery plans if substantive changes occur in their cost structures. Changes to the plan must be submitted in writing and approved by the Board. A CMRS carrier may request an adjustment of the reimbursement rate at any time upon written notice to the Board

History

• Source: Miss. Code Ann. §19-5-333(2)(h) and (i) (Rev. 2003 & Supp. 2010).

Chapter 4 Independent Audits & Recommendations

30 Miss. Admin. Code Pt. 603, R. 4.1 Annual Audit Reports

The Board shall obtain from an independent, third-party auditor retained by the Board annual reports to the Board no later than sixty (60) days after the close of each fiscal year. The auditor shall provide an accounting for all CMRS service charges deposited into the CMRS Fund during the preceding fiscal year. The auditor shall provide an accounting of all administrative expenses of the Board and all disbursements to ECDs and CMRS providers (in the aggregate) during the preceding fiscal year. The Board shall provide a copy of the annual reports to the Chairmen of the Public Utilities Committees of the House of Representatives and Senate.

History

• Source: Miss. Code Ann. §19-5-333(2)(e) and (h) (Rev. 2003 & Supp. 2010).

Chapter 5 Proprietary Information

30 Miss. Admin. Code Pt. 603, R. 5.1 Submission of Proprietary Information

1. To assist in the completion of its duties mandated by the Act, the Board may receive operational, technical and financial information from commercial mobile radio service providers and 911 service providers. Some of this information may be of confidential nature, and the entities providing it may desire it from unnecessary disclosure to third parties. The purpose of these rules is to ensure the protection from disclosure.

2. In order for information submitted to the Board to be deemed proprietary information, a producing party must:

a) Place the term “CONFIDENTIAL” on the cover of any document containing proprietary information and clearly and specifically mark all proprietary information contained in the document.

b) Provide satisfactory proof that the information is competitive and sensitive and its disclosure could be harmful to the producing party. Such proof should be submitted in the form of an affidavit.

c) Unless otherwise required by the Board, this rule shall not apply to a producing party if the information to be

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submitted concerns cost, revenue, technology, or market and customer date.

d) The Board shall treat all information submitted in accordance with this rule as proprietary information. If after review, however, the Board determines the submitted information fails to otherwise qualify under these rules as proprietary information, that information shall not be utilized by the Board, but instead, shall be returned immediately to the producing party.

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 5.2 Access to Proprietary Information

1. Proprietary information shall not be open to the public for inspection.

2. Proprietary information submitted to the Board shall be disclosed only to the following individuals:

a) Board members.

b) Members on the Board’s staff and the Attorney General’s Office.

c) On a “need to know” basis as determined by the Board: (i) consultants and experts employed or engaged by the Board; and (ii) members of committees appointed by the Board.

3. Prior to disclosure of any proprietary information to any individuals listed in Section 6- 2.2 of this rule, such individuals shall execute and place on file with the Board, a written acknowledgment that they:

a) have read these rules concerning proprietary information submitted to the Board;

b) agree to be bound by these rules; and

c) understand that the unauthorized disclosure of proprietary information as submitted to the Board constitutes a violation of the rules.

4. Under no circumstances shall proprietary information be disclosed to or discussed with anyone associated with the marketing of products, good or services which are in competition with the products, goods and services of a producing party.

Code Ann. §§25-61-9 and 25-61-11 (Rev. 2010).

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010); and Miss.

30 Miss. Admin. Code Pt. 603, R. 5.3 Use of Proprietary Information

All proprietary information submitted to the Board shall be used for the sole purpose of implementing the provisions of the Act.

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010).

30 Miss. Admin. Code Pt. 603, R. 5.4 Storage of Proprietary Information

All proprietary information in possession of the Board shall be maintained in a secure area and in files marked “CONFIDENTIAL.”

Code Ann. §§25-61-9 and 25-61-11 (Rev. 2010).

History

• Source: Miss. Code Ann. §§19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010); and Miss.

MISSISSIPPI ATHLETIC COMMISSION MISSISSIPPI ATHLETIC COMMISSION

Part 301 Mississippi Athletic Commission Rules and Regulations

Chapter 1 General Provisions

30 Miss. Admin. Code Pt. 301, R. 1.1 The following terms shall have the meaning assigned herein:

A. “Announcer”- a person responsible for announcing the names of the officials, contestants and decisions of each bout. B. “Bout” -one match between 2 contestants.

C. “Professional Boxing” – boxing for financial compensation. D. “Commission”- members of the Mississippi Athletic Commission. E. “Contest” -a group of bouts. F. “Contestant” -one who has obtained a license to compete or perform in a bout. G. “Deputy Commissioner”- those designated by the Commission to attend and inspect events regulated by the Commission in their absence. H. “Director”-a direct representative of promoter. I. “Inspectors” – shall have the same meaning as “Deputy Commissioner.” J. “Judge”-a person serving as a member of a panel that is responsible for determining a decision in each bout. K. “Kick Boxing” -boxing in which contestants are allowed to kick. L. “Manager”- the licensed individual that negotiates the financial interest of the fighter. M. “Matchmaker” -a person responsible for matching the contestants for a bout. N. “Mixed Martial Arts (MMA)” -shall mean the same as “Submission Wrestling.” O. “Official” -means any judges, referee, or timekeeper. P. “Permit” -written permission to hold an event on a specific date and hour at a specific place or a license fee good for one event. Q. “Professional Wrestling” -a fixed bout of wrestling skills by 2 or more wrestlers. R. “Promoter” -The person(s) responsible for promoting, publicizing, producing, organizing and conducting an event, generally the one profiting from the event. S. “Purse” -the financial guarantee that a contestant receives for good faith participation in a bout. T. “Referee” -the person in charge of enforcing the rules of a contest. U. “Second”- shall have the same meaning as “trainer.” V. “Sparring” -means competing for practice or as an exhibition. W. “Special Bouts” -any type of contest that does not conform to the rules adopted by the Mississippi Athletic Commission that is approved by the Commission for a particular event. X. “Straw Promoter”- obtaining a promoter license to represent someone else that may not have otherwise qualified as a promoter. Y. “Submission Wrestling” - competition involving the use of a combination of techniques from different disciplines of martial arts, boxing, kickboxing and wrestling. This is to include, without limitation, any throwing, striking, and grappling. It shall include the term “mixed martial arts” or “MMA.” Z. “Timekeeper” -a person responsible for keeping accurate time during each bout and rings the bell for the beginning and ending of each round. AA. “Tough-Man Contest”- a boxing elimination tournament. BB. “Trainer” -someone who coaches a fighter.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.2 Permits A

The promoter shall apply for the event permit in writing at least 50 days prior to the scheduled event. Live television events shall be excluded. B. A promoter shall not give publicity to an event until the permit has been approved.

C. Each permit shall name possible contestants, the number of fights, the number of rounds and the date, place and time of contest along with a seating diagram with ticket prices in each seating section. The Commission, at its discretion, may allow the seating chart to be filed ten (10) days prior to the event. D. The permit shall note any celebrity guest that will be advertised as part of the promotion. E. A permit may be denied if the Commission believes that one promotion will interfere with another on any given day. F. The Commission must approve all changes and substitutions. G. All permit applications are to be mailed, faxed, emailed, or hand delivered to the Commission with all fees. H. A deposit or surety bond may be required by the promoter for permit approval and is conditional upon the faithful performance of the payment for Commission fees, official’s fees, contracts with licensees, and fines of the Commission.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.3 Tickets and Passes

A. No person(s) shall be admitted to any event unless they are a ticket holder or pass holder. B. The Commission shall approve all ticket prices. C. The statutory 6% gate fee shall apply to all compensated tickets. D. Boxes for deposit of tickets must be used at the gate for collection of ticket stubs or by any other audit means approved by the Commission. E. All tickets must be sold from a locations approved by the Commission. F. The value of each ticket shall be printed on the ticket stub. G. The promoter shall issue passes to the following: 1) Members, employees, and guests of the Commission. 2) Competitors on the program and their licensed trainers. 3) Officials connected with the contest. 4) Promotion staff. 5) Passes for others may be issued only by authority and at the discretion of the Commission.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.4 Licensing

A. License application for promoter, director, manager, matchmaker, boxer, kickboxer, tough-man contestant, wrestler, submission wrestler, referee, timekeeper, trainer-second, judge, or any contestant shall be made in writing on a form prescribed by the Commission or by online application.

B. The Commission shall charge a fee not to exceed $100 for each license or permit for promoter, director, boxer, manager, matchmaker, tough-man contestant, wrestler, submission wrestler, referee, timekeeper, trainer-second, judge or any contestant. C. Each license shall expire on June 30 th after issue. D. Each applicant must use his or her legal name when applying for a license. E. No individual shall perform any position without being licensed for that position. F. Each applicant shall put true and correct information on his or her application.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.5 Promoter Requirements A

The promoter is the person(s) responsible for promoting, publicizing, producing, organizing and conducting an event. B. Upon license approval, each promoter shall deposit $500 with the Commission as non- refundable gate fees. Wrestling shall be excluded. C. Promoter applicant shall have 2 years of experience with the event they are promoting and must have participated in a minimum of 6 events in a licensed position. D. Promoter applicant shall be thoroughly familiar with the rules and regulations of the Mississippi Athletic Commission. E. First time promoter applicant shall collect 30 signatures of fighters with recorded wins on a Commission approved petition. F. First time promoter applicant shall provide the Commission with proof of sufficient financial resources to hold their event and must provide a sufficient promoting plan. G. First time promoter applicant shall provide the Commission with a letter of reference from any Mississippi licensed promoter or from any State Commission. H. Applicant must have a track record of honest and quality promotions with all former promotions. I. Additional background information from the applicant may be required. J. Applicant shall apply only one time within each fiscal year. K. Promoter shall have a valid telephone number, address, and email address. L. Promoter must have an updated web site with information about their promotion. M. Promoter shall have full control over each event being promoted. N. Each contestant and official shall be paid immediately following the event. O. All events shall be promoted at a non-smoking venue. P. All events shall be held in venues with no less than 500 seats. Q. Promoter shall not permit drinks to be dispensed on the floor of the arena nor on the premises except in approved containers approved by the Commission. R. The promoter shall be responsible for verifying to the Commission the identity, fight record and suspensions of all contestants. A promoter shall be responsible for the accuracy of the names and records of the participants in all publicity or promotional material. The list of contestants shall be submitted 10 days before event. Any bout changes within the ten (10) days of the scheduled event shall result in a fee of fifty dollars ($50.00) per bout. Changes or substitutions may be

made without a fee, if said change is for good cause and is approved by the Commission. S. No licensed promoter shall operate or attempt to operate as a straw promoter. The person(s) responsible for promoting, publicizing, producing, organizing and conducting an event shall be the one to obtain the license. T. Promoter must produce quality events. U. All contracts relating to the event must be made with the promoter. V. Each promoter shall be automatically suspended upon the completion of their event until all fees and costs are paid to the Commission and all financial obligations are met. W. The promoter is responsible for full contractual payment to all contestants. X. Promoters shall supply the following equipment: 1) Ring for boxing, tough-man, or kickboxing. The ring shall be no less than 16 or more than 24 feet square when measured inside the line of the ropes. The apron of the ring shall extend beyond the ropes by approximately two feet. The ring shall be equipped with four ropes with spacer ties on each side of the ring to secure the ropes. The ring floor shall have a padding approved by the Commission. The padding shall extend beyond the ring ropes and over the edge of the platform and shall be covered with canvas or other approved material. The corners of the ring shall have all hard objects in reach of the competitors securely padded. The Commission shall approve the boxing ring. (This rule excludes submission- wrestling cage). 2) Buckets for use by each contestant. 3) Stools in each corner for use by the trainers and contestants. 4) Tables with seats surrounding the ring for the exclusive use and assignment of the Commission. 5) Approved scales for weigh-in that measure in tenths of one pound. 6) A gong or bell for the timekeeper. 7) A public address system. 8) Three stools for the judges. 9) Sufficient bout sheets for officials and Commission. 10) Numbered ring cards for each round. 11) Separate dressing rooms for men and women. 12) Electricity supplied at the ring for the Commission. 13) An ambulance or medical personnel with appropriate resuscitation equipment on site at all times. 14) Physicians at ringside while bouts take place. 15) Latex gloves for referee and medical personnel. 16) Towels for contestants and trainers. 17) Water in each corner for contestant.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.6 Contracts

A. All agreements must be in the form of a written contract approved by and filed with the Commission. There shall be no oral agreements. B. The promoter shall contract with all competitors using a bout agreement approved by the Commission. There shall be 3 copies of all contracts, each for the promoter, contestant and Commission. C. The contract between a promoter and a contestant shall embody all of the agreements between the parties. D. Contracts not filed with the Commission may be considered invalid. E. Each contract made with a venue, sponsor, investor, or any contract related to the event must be submitted to the Commission upon request. F. No contestant shall be paid before completing his or her bout. G. All bout agreements shall contain language that subjects the contestant to being temporarily licensed by the Commission upon signing the agreement. H. All contracts relating to the holding or staging of any boxing, wrestling or sparring match or exhibition or relating to any participation therein, shall contain a provision to the effect that all rules passed or adapted by the Commission, either before or after the execution of the contract, shall be considered as a part of the contract, the same as if said rule were fully set out of the body of the instrument. I. If it should be determined by the Commission that a contestant did not give a good faith effort of their skills, the contestant may not be paid their contracted purse. J. At the discretion of the Commission, a contestant may not be paid their contract purse if they are disqualified. K. Any contract provision may be considered and treated as a rule and be subject to any and all fines and suspension allowed by the Commission. L. The promoter prior to offering the bout agreement to the contestant shall sign all bout contracts offered to contestants. M. Any contract bout agreement offered to a contestant to sign, that is not first signed by the promoter, may be considered a valid agreement by the Commission. N. No contract provision shall require a contestant to sell any tickets; however, tickets sold by a contestant may be offered as a bonus to the contestant.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.7 Contestants

A. An individual applying for a license as a contestant of boxing, tough-man, kickboxing or submission wrestling must be 18 years of age. No Contestant under the age of 18 is allowed unless the promoter has submitted a waiver of requirement and approved by the Commission. B. Each contestant applicant, if asked, shall furnish the Commission with the following information: 1) Copy of a State or federal issued identification; 2) Federal identification card; 3) A written statement as to training and experience; 4) Competitive record as an amateur and professional; 5) Medical fitness report with any information required by the Commission;

C. The Commission may deny a contestant a license or permit to compete if it is believed that the contestant is not physically or mentally fit to compete. D. A contestant shall report any change in their medical condition that may affect their ability to safely compete. E. The Commission may, at any time, require current medical information on any contestant. F. The use of strong smelling ointments or lubricants not approved by the Commission shall be prohibited. G. Each contestant shall put forth a good faith effort in each competition. H. Any contestant may be disciplined for rule violations from their manager, trainer or second. I. Each contestant’s hand and foot wraps must be inspected and approved by a Commission inspector. J. Contestant clothing is subject to approval by the Commission. K. Each contestant must be clean prior to competing.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.8 Managers

A. A manager shall have his fighter under written contract. B. Each management contract shall be filed and approved by the Commission to be considered valid. C. A licensed fighter is not required to have a manager. D. Licensed managers are also qualified as seconds. E. A management contract may not exceed 3 years. F. A manager shall not receive over 33% of the competitors contracted bout compensation.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.9 Matchmakers

A. There shall be a licensed matchmaker for each event. B. Matchmaker applicant must have sufficient experience with making competitive matches. C. Promoters may act as matchmaker if they are qualified. D. The matchmaker shall be responsible for making fairly matched bouts. E. Ten days before the contest, the matchmaker shall supply the Commission with a list of all contestants and a copy of their records from the record registry.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.10 Trainers and Seconds

A. Every person serving as a trainer must be licensed. B. No individual may be in the corner other than licensed trainers and seconds. C. Competitors and trainers shall not bring unlicensed individuals to the ring.

D. Licensed contestants and managers may qualify as seconds. E. All trainers shall be responsible for maintaining good conduct before, during and after the contest. F. The Commission shall determine the number of trainers used for each bout. G. A contestant may lose points or be disqualified for the conduct of his/her trainer(s). H. Any Commission member or referee may eject a second for violations. I. The referee may deduct points from the fighter or disqualify the fighter for violations caused by the trainer-second. J. Before a contest begins, the seconds and trainers shall: 1) Be identified for the inspector and the referee. Only those identified and licensed shall be allowed in the corner. 2) Before putting on gloves, the trainer shall present the fighter’s wrapped hands for inspection by the supervising Commission inspector. 3) The trainer shall present the contestant and be ready to fight when the referee calls the contestants to ring center for final instructions. 4) Sealed sport drinks must be presented to the Commission for examination before the bout or they may not be used. K. During the round, seconds: 1) Shall remain seated. 2) May coach fighter. 3) Shall not heckle opponent. 4) Shall not mount the stairs or apron or enter the ring until the bell indicates the end of a round. 5) Shall refrain from excessive coaching that may interfere with the referee. 6) A contestant’s trainer shall not heckle or in any manner annoy the opponent of the contestant or the referee, before, during and after the contest. 7) Shall not enter the ring to assist or move a contestant who has been knocked-down or injured until instructed to do so by medical personnel. 8) The seconds may not assist a contestant that has been knocked out of the ring. 9) Shall signal the referee to stop the fight by mounting the ring apron and verbally notifying the referee and using a waving hand and/or throwing a towel into the ring. 10) Shall not physically assist during the round. 11) The referee may halt time and warn a trainer for violations. The referee may have the judges deduct points from the contestant for violations from their trainer or second. L. During the one minute rest period, a second: 1) May coach his/her fighter. 2) May treat cuts, abrasions and/or swelling. 3) May provide water, ice, approved sports drinks or other cooling-down techniques. 4) Shall leave the ring at the sound of the timekeeper's whistle that is given ten seconds before a round begins and shall wipe the floor clean. 5) Shall remove all items in the ring and on the ring platform prior to the bell sounding the beginning of the round and shall wipe the floor clean of debris and water. 6) Shall not administer alcoholic beverages, narcotics or stimulants to a contestant. 7) Shall insure that the tape on the glove lace is secure before the sound of the start bell.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.11 Officials (Referee, Judge, Timekeeper)

A. Officials for each contest shall consist of a referee, 3 judges, and a timekeeper. B. The Commission Chairman shall appoint the officials for each event. C. Officials shall be thoroughly experienced in officiating to qualify for licensing and may be required to obtain specific certifications. D. Judges must be impartial and discreet at all times. E. Officials are subject to alcohol and drug testing. F. Officials may be required to pass a pre-fight physical. G. Officials shall not discuss their decisions with anyone except the Commission. H. Official’s fee for service shall be set by the Commission and paid by the promoter. I. Only the referee can stop a bout, and he/she may consult with the ringside physician on the physical condition of either contestant at any time.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.12 Deputy Commissioners

A. The Commission Chairman shall designate Deputy Commissioners as it deems necessary to represent the Commission whenever necessary. Deputy Commissioners are the direct representatives of the Commission. B. The Deputy Commissioner in charge shall have exclusive regulatory control of the event.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.13 Prompt Appearance

A. Contestants must report to the place of contest, place of weigh-in, and place of rules meeting at the time set by the Commission. B. Once a contestant is called to the ring by the Commission, they shall have up to 5 minutes to enter the ring to compete.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.14 Failure to Appear

A. Any contestant who has entered into a contract, oral or written, to participate in a bout, who shall for any reason be unable to carry out his agreement and does not notify the promoter and the Commission of his incapability to do so and the reason or cause therefore, and whose reason or cause therefore is not considered by the Commission as satisfactory, shall be penalized by the Commission by suspension for a period of not less than six 6 months and not more than 1 year and/ or fined by the Commission. B. The contestant may also be required to compensate the promoter for any and all costs related to the failure to appear. This may include, but not limited to, the opponent’s travel and purse cost.

C. A letter of intent to fight may be considered as an agreement between a contestant, his manager and a promoter.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.15 Revocation, Denial & Suspension of Licenses

A. The Chairman of the Commission shall be ex officio the recorder of permits and licenses as per Mississippi code section 75-75-107. Each license application shall receive initial approval or denial from the Chairman. Each applicant that is denied a license from the Chairman may appeal the decision to the entire Commission within 15 days of notice of denial. Any applicant who has been denied a license by the Commission may not file a similar application until one (1) year after the denial by the Commission. Any application for license filed within the one (1) year period may be denied without a hearing. B. Any licensee who is determined by an examining physician to be unfit to compete or officiate, may be suspended until it is shown that they are fit for further competition or officiating. C. Any contestant suspended for their medical protection may be required to furnish the Commission with any requested medical reports to be reinstated. D. Anyone on administrative or medical suspension by another Commission may be denied a license.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.16 Disciplinary Procedure

A. The Chairman of the Commission shall make the initial official decision as to any disciplinary action or fine that may be taken against a licensee for rule violations. Any disciplinary decision made by a Deputy Commissioner in charge shall not be made official until approved by the Chairman. Any decision made by the Chairman may be appealed to the entire Commission and a hearing may be requested. The ruling of this hearing shall be final. All appeals must be made within 15 days of receiving notice from the Commission regarding the disciplinary action taken. B. Any person who shall violate any rule passed or adopted by the Mississippi Athletic Commission may be fined as follows for each violation: 1) For contestants, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted purse; 2) For trainer, second or manager, up to Five Hundred Dollars ($500.00) or up to ten percent (10%) of contracted amount of the represented fighter; 3) For promoter or director, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted amount of the highest two (2) combined bout purses during an event; 4) And referee, judge, timekeeper or matchmaker, up to Five Hundred Dollars ($500.00) or twenty-five percent (25%) of the contracted pay for that event.

C. In addition to fines, each rule violation is subject to suspension of performance in any licensed position for up to 1 year and is subject to immediate disqualification. D. Any person fined by the Commission shall remain suspended from any licensed position until the fine is paid in full. E. The Commission may honor any suspension placed upon the licensee by any other Commission.

History

• Source: Miss. Code Ann. 75-75-105, 75-75-119

30 Miss. Admin. Code Pt. 301, R. 1.17 Appeals of results

A. Any contestant that disputes a decision made at any event by the referee or judges must be appealed to the Commission within 7 days. The decision made by any referee or judge is final unless there is very strong evidence to suggest there was foul play or gross negligence.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.18 Exempt Matches

A. Pursuant to Mississippi code section 75-75-123, all boxing, sparring and wrestling matches in colleges, universities or high schools shall be exempt from the jurisdiction of the Commission and shall only be permitted and supervised by the governing body of such high school, college or university. B. Amateur boxing bouts sanctioned by USA Boxing shall be exempt from these rules and shall be governed by USA Boxing rules. C. Contest considered karate or martial arts by the Commission that do not allow full contact and continuous action, shall be exempt from Commission jurisdiction.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.19 Insurance

A. All boxing contests shall provide accidental medical insurance of at least $2,500 for each contestant for any injury that happens during a contest. B. The contestant is responsible for paying $250 of any insurance deductible. C. Liability insurance may be required from the promoter. D. It is the responsibility of each contestant to pay for the medical costs of any injury caused at a contest unless the promoter contractually agrees to insure the cost.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.20 Record keeping registry A

The registry for boxing and submission wrestling (MMA) records and suspension shall be the official registry approved by the Association of Boxing Commissions.

B. All records shall be obtained from these sources and reported to these sources. C. Promoter must provide the records and reports of each fighter to the Commission at least 10 days before the event. D. Promoters shall pay the Commission a combat registry fee of two hundred dollars ($200) to have their event card placed on the proper combat sports registry. The promoter may have this fee waived or refunded by placing their event card on the proper combat sports registry, within ten (10) days of the scheduled event, for the Commission to post bout results. Failure of a promoter to place their event card on the proper combat sports registry, after the Commission has waived the combat registry fee, will result in a five-hundred-dollar ($500) fine and a ninety (90) day suspension.

30 Miss. Admin. Code Pt. 301, R. 1.21 Medical Requirements

A. Each contestant shall get pre-fight medical clearance within 30 hours of the beginning of the contest from a medical professional. Any contestant deemed unfit shall not compete. B. No contestant shall compete that is under the influence of alcohol or drugs that mentally or physically hinder performance. C. Any contestant that is knowingly infected with HIV or hepatitis C shall not be allowed to compete. The Commission may require a medical test clearing each contestant of each disease prior to each bout. D. A ringside physician shall be present during each bout. E. An ambulance or medical personnel with appropriate resuscitation equipment shall be continuously present on site. F. Each female contestant must provide the Commission with a negative pregnancy test. G. At any time upon being licensed by the Commission, a licensee may be subject to any drug testing. H. Weigh-in for the contest shall be held at a time approved by the Commission the day of or the day before the bout.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.22 General Rules

A. Any violation of State or Federal law by a licensee shall be considered a rule violation. B. No profanity shall be used by a licensee or in the music supplied by the licensee. C. No videoing allowed without written consent from the Commission. D. There shall be a border area approximately 6 feet from the sides of the ring or cage. Only licensed participants, Commission members and their guests, promotional staff, security, medical personnel and others approved by the Commission shall be allowed. The Commission shall assign all seats within the border. No seats shall be sold in this area unless approved by the Commission. E. In the event of a dispute regarding the rules, or any other issue that is not clearly covered under these rules, the onsite ruling made by the Commission will be final. F. All licensees must abide by any reasonable order given by the Commission. G. Only licensed personnel are allowed to enter the fight area. Fighters may be subject to fines if they have unlicensed personnel enter the fight area with them.

H. Each former member of the Athletic Commission shall permanently remain on the Commission as an honorary Commission member and shall receive 2 passes to each event that they choose to attend. I. All papers filed shall be property of the Athletic Commission. J. No event shall take place in a topless entertainment facility. K. The contestant can weigh up to 1/10 th of a pound over contracted weight with any clothing on.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 1.23 Waiver of Requirements

A. The Commission, upon its choosing, may waive any requirements set forth in these rules. B. Any rules adapted by the Commission shall supersede any rules of any sanctioning body rules adapted or approved by the Commission. C. Any request for waiver of requirement shall be submitted by email from the promoter.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 2 Boxing and Kickboxing Rules

30 Miss. Admin. Code Pt. 301, R. 2.1 Professional Boxing Rules

A. The Mississippi Athletic Commission shall use the current Regulatory Guidelines and Unified Championship Rules of the Association of Boxing Commissioners as their professional boxing contest rules. The Association of Boxing Commission World Title Fight Manual shall also be used in conjunction with regional and world title fights. B. The following exclusions to the Regulatory Guidelines shall apply: 1) The Commission may allow a standing 8 count for professional boxing bouts. 2) The promoter is required to purchase accidental medical insurance for any or all contestants competing in an event for the minimum amount of $2,500. The competitor shall pay the first $250 of the insurance deductible. If the competitor is paid less than $250, it shall not exceed the purse amount. C. Federal Identification Card Requirements: 1) Each application for a federal identification card must be received 15 days prior to the issuance of the card. 2) The application must include a full color copy of the applicant’s Driver license or State issued identification card. 3) The application must be accompanied with a Mississippi boxer license application. 4) The fee to replace a Federal Identification Card shall be the same as a license. 5) Each identification card shall be valid up to 4 years. D. Each boxing card must have a minimum of 30 scheduled rounds.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 2.2 Amateur Boxing Rules

A. Amateur boxing bouts contest sanctioned by USA Boxing shall be exempt from permit and licensing and shall be governed by USA Boxing rules. Any individual owing fines or is suspended or revoked from licensing shall not be allowed to participate in any capacity. B. All other amateur sanctioning organizations shall submit their rules to the Commission for approval.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 2.3 Kickboxing Rules

A. All kickboxing contests shall be governed by the Association of Boxing Commissions Unified Rules of Professional Kickboxing and Association of Boxing Commissions Unified Rules of Amateur Kickboxing.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 3 Rules for Tough-man Contest

30 Miss. Admin. Code Pt. 301, R. 3.1 License Entry Requirements

A. Contestants must be at least 18 years of age to compete. B. The promoter shall submit to the Commission the skill level requirements and limitations that are to be used for each contest. The Commission must approve the requirements.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 3.2 Tough-man Contest rules

A. No round shall exceed 2 minutes in length and no round shall be less than 45 seconds. B. Maximum of 4 rounds per bout. C. Rest period between rounds shall be between 1 minute and 1 minute 30 seconds. D. Boxing gloves must be 12 to 16 oz. in size. E. All contestants shall wear headgear. All headgear must be tagged USA Boxing approved. F. Groin protection must be worn. G. No contest shall last more than 2 consecutive days. H. No contestant may fight more than a total of 12 rounds in any single day of competition or 18 total rounds in a 2-day competition. I. The standing 8-count rule shall be used for all bouts. J. The 3 knockdown rule may be used for all bouts. K. The physician may stop a bout at any time. L. The promoter may appoint seconds for each contest. M. All weight classes must be approved by the Commission. N. Elimination procedure must be approved by the Commission.

O. All other amateur or professional boxing contest rules shall apply.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 3.3 Other Rules

A. Cash prizes may be awarded in a tough-man contest and the contestant keeps amateur status.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 3.4 Medical Requirements A

Each contestant shall get a pre-fight medical clearance within thirty (30) hours of the beginning of the contest from a medical professional. Any contestant deemed unfit shall not compete. B. All contestants must sign a form, approved by the Commission, stating that the contestant is HIV and hepatitis C negative.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 4 Rules for Submission Wrestling Rules (Mixed Martial Arts)

30 Miss. Admin. Code Pt. 301, R. 4.1 The Contest Fighting Area

A. The cage used for the contest shall be provided by the promoter and shall be approved by the Commission. B. The cage shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet and at least 6ft high. C. The fighting area canvas shall be padded with approximately 1-inch layer of padding. Padding shall cover the entire floor of the fighting area. D. The cage floor shall not be more than four feet above the ground floor and shall have suitable steps or ramp for use by the participants. E. The fighting area shall be enclosed with a tightly fitted vinyl coated chain-link fence that will not allow a fighter to fall out of the fighting area. F. All metal and hard parts shall be covered and padded in a manner approved by the Commission and shall not be abrasive to the fighters. G. A door to the cage shall be used for ring entrance.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.2 Round Duration

A. Each professional non-championship bout shall be 3 rounds of 5 minutes in duration with a 1-minute rest period between each round.

B. Each professional championship bout shall be 5 rounds of 5 minutes in duration with a 1-minute rest period between each round. C. Each amateur bout shall be 3 rounds of 3 minutes in duration with a 1-minute rest period between each round. D. All rounds for female contestants shall be 3 minutes.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.3 Weight Classes – Weight classes are a guide and not a requirement for bout approval

A. Flyweight – Up to 105 lbs. B. Super Flyweight- 105.1 to 115 lbs. C. Bantamweight-115.1 to 125 lbs. D. Super Bantamweight- 125.1 to 135 lbs. E. Featherweight – 135.1 to 145 lbs. F. Lightweight – 145.1 to 155 lbs. G. Super Lightweight- 155.1 to 165 lbs. H. Welterweight – 165.1 to 175 lbs. I. Super Welterweight – 175.1 to 185 lbs J. Middleweight – 185.1 to 195 lbs K. Super Middleweight- 195.1 to 205 lbs. L. Light Heavyweight – 205.1 to 225 lbs. M. Heavyweight- 225.1 to 265 lbs. N. Super Heavyweight – 265.1 lbs. and over.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.4 Contest Fouls: The following are contest fouls and will result in penalties if committed:

A. Head butting or striking with the head. B. Eye gouging of any kind. C. Biting or spitting on an opponent. D. Hair pulling. E. Fish hooking. F. Groin attacks of any kind. G. Intentionally placing a finger in any opponent's orifice, cut or laceration. H. Small joint manipulation (fingers and toes). I. Deliberately striking the spine or back of the head. J. Throat strikes of any kind or grabbing the trachea. K. Clawing, pinching, or twisting the flesh. L. Kicking the head of a grounded fighter. M. Kneeing the head of a grounded fighter. N. Stomping - this does not include stomping the feet when both fighters are standing. O. The use of abusive language in fighting area. P. Any unsportsmanlike conduct. Q. Attacking an opponent on or during the break.

R. Attacking an opponent who is under the referee's care. S. Avoiding contact, consistent dropping of mouthpiece or faking an injury. T. Interference from trainer or seconds. U. Throwing an opponent out of the fighting area. V. Flagrant disregard of the referee's instructions. W. Spiking an opponent on the canvas on their head or neck. X. Smothering (hand cupped over opponent’s mouth or nose).

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.5 Penalties for Contest Fouls

A. At the discretion of the referee, a warning may be issued for any unintentional foul infraction. B. Disqualification occurs after any combination of three fouls or after a referee determines that a foul was intentional and flagrant. C. Fouls will result in a point being deducted by the referee. D. Only a referee can assess a foul. If the referee does not call a foul, the judges shall not make an assessment on their own that a foul occurred and cannot factor such into their scoring calculations. The referee may consult with the judges to clarify an actual foul. E. A fouled fighter, accidental or intentional, has up to five minutes to recuperate if the referee deems any recovery time is needed. During the recovery time, the referee may have the ringside physician examine the fighter. F. If a foul is committed, the referee shall: 1) Call time; 2) Check the fouled fighter’s condition and safety; 3) Assess the foul to the offending fighter, deduct points, and notify each judge. 4) If a bottom fighter commits a foul, unless the top fighter is injured, the fight shall continue so as to not jeopardize the top fighter's superior positioning at the time. G. The referee shall verbally notify the bottom fighter of the foul. H. When the round is over, the referee shall assess the foul and notify both fighters and the judges. I. The referee may terminate a fight based on the severity of a foul. For such a flagrant foul, a fighter shall lose by disqualification. J. The referee is the sole arbiter of a fight and is the only individual authorized to stop a contest.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.6 Injuries Sustained During Competition

A. If an injury sustained during the fight is a result of a legal maneuver and is severe enough to terminate a fight, the injured fighter loses by technical knockout. B. If an injury sustained during the fight is a result of an intentional foul and is severe enough to terminate a fight, the fighter causing the injury loses by disqualification.

C. If an injury is sustained during the fight and is a result of an intentional foul and the fight is allowed to continue, the referee shall notify the scorekeeper to automatically deduct one point from the fighter who committed the foul. D. If an injury sustained during the fight is a result of an intentional foul and it causes the injured fighter to be unable to continue at a subsequent point in the fight, the injured fighter shall win by technical decision if he or she is ahead on the score cards. If the injured fighter is even or behind on the score cards at the time of stoppage, the outcome of the fight shall be declared a technical draw. E. If a fighter injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his favor and the injury shall be treated in the same manner as an injury produced by a fair blow. F. If an injury sustained during the fight is a result of an accidental foul and is severe enough for the referee to stop the fight immediately, the fight shall result in a no contest if stopped before two rounds have been completed in a three round fight or if stopped before three rounds have been completed in a five round fight. G. If an injury sustained during the fight is a result of an accidental foul and is severe enough for the referee to stop the fight immediately, the fight shall result in a technical decision awarded to the fighter who is ahead on the score cards at the time the fight is stopped only when the fight is stopped after two rounds of a three round fight or three rounds of a five round fight have been completed. H. There will be no scoring of an incomplete round. However, if the referee penalizes either fighter, then the appropriate points shall be deducted when the scorekeeper calculates the final score.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.7 Judging

A. All fights will be evaluated and scored by three judges. B. The 10-Point Must System will be the standard system of scoring a fight. Under the 10-Point Must Scoring System, 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser. A round with no clear winner shall be scored (10-10). C. Judges shall evaluate techniques such as effective striking and grappling, control of the fighting area, effective aggressiveness and defense. D. Evaluations shall be made in the following order: 1) Effective striking and grappling; 2) Control of the fighting area; 3) Effective aggressiveness and defense. E. Effective striking is judged by determining the total number of legal heavy strikes landed by a fighter. F. Effective grappling is judged by considering the amount of successful executions of a legal takedown, throws and ground grappling. G. Fighting area control is judged by determining who is dictating the pace, location and position of the fight. H. Effective aggressiveness means effectively pressing the action.

I. Effective defense means avoiding being struck, taken down, or reversed while countering with offensive attacks. J. The following objective scoring criteria shall be utilized by the judges when scoring a round: 1) A round is to be scored as a 10-10 round when both fighters appear to be fighting evenly and neither fighter shows clear dominance in a round. 2) A round is to be scored as a 10-9 round when a fighter wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers. 3) A round is to be scored as a 10-8 round when a fighter overwhelmingly dominates by striking or grappling in a round. 4) A round is to be scored as a 10-7 round when a fighter totally dominates by striking or grappling in a round. K. Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows: 1) If the fighters spend a majority of a round on the canvas, effective grappling is weighed first and effective striking is then weighed. 2) If the fighters spend a majority of a round standing, effective striking is weighed first and effective grappling is then weighed. 3) If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.8 Bout Results

A. Submission: 1) Tap Out: When a fighter physically uses his hand or foot by tapping to indicate to the referee that he no longer wishes to continue fighting. 2) Verbal submission: When a fighter verbally announces to the referee that he or she does not wish to continue. B. Technical knockout: 1) Referee stops fight when an injury, as a result of a legal maneuver, is severe enough to terminate a fight. 2) Referee stops fight when a fighter is not defending himself. C. Knockout: 1) When a fighter is physically unable to rise from canvas. D. Decision via score cards: 1) Unanimous: When all three judges score the fight for the same fighter. 2) Split Decision: When two judges score the fight for one fighter and one judge scores for the opponent. 3) Majority Decision: When two judges score the fight for the same fighter and one judge scores a draw. 4) Draws i. Unanimous: When all three judges score the fight a draw. ii. Majority: When two judges score the fight a draw.

iii. Split: When all three judges score differently and the score total results in a draw. E. Disqualification: When an injury sustained during the fight is the result of an intentional foul and is severe enough to terminate the fight. F. Forfeit: When a fighter fails to begin competition or prematurely ends the fight for reasons other than injury or by indicating a tap out. G. Technical Draw: When an injury sustained during the fight is a result of an intentional foul and causes the injured fighter to be unable to continue and the injured fighter is even or behind on the score cards at the time of stoppage. H. Technical Decision: When the fight is prematurely stopped due to injury and a fighter is leading on the scorecards. I. No Contest: When a fight is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the scorecards.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.9 Equipment

A. Wraps 1) In all weight classes, the bandages on each fighter's hands shall be restricted to soft gauze cloth not more than 13 yards in length and two inches in width, held in place by not more than 10 feet of surgeon's tape, one inch in width, for each hand. 2) Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cross the back of the hand twice and extend to cover and protect the knuckles when the hand is clenched to make a fist. 3) The bandages shall be evenly distributed across the hand. 4) Bandages and tape placed on the fighter's hands shall be inspected and approved by a Commission inspector. 5) Gloves are not to be placed on the hands of a fighter until the approval of the inspector is received. 6) Foot wraps may be spirally placed on the ankle and foot. It must be covered with an approved elastic sock. B. Mouth Piece 1) All fighters are required to wear a mouthpiece during competition. The mouthpiece shall be subject to approval by the Commission. The round cannot begin without the mouthpiece in place. 2) If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece, and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action. C. Protective Equipment 1) Male fighters shall wear a groin protector of their own selection, of a type approved by the Commissioner. 2) Female fighters may wear a chest protector during competition. The chest protector shall be subject to approval by the Commissioner.

D. Gloves 1) All fighters shall wear four, five or six ounce gloves in good condition that are Commission approved. The promoter is responsible for supplying each bout with the same brand gloves. Each contestant may wear their own gloves if approved by the opponent and the Commission. E. Apparel 1) Each fighter shall wear mixed martial arts shorts, biking shorts, or kick-boxing shorts that do not extent beyond the top of the knee. 2) Gi's or shirts are prohibited during competition. 3) Shoes are prohibited during competition. 4) Elastic ankle support socks approved by the Commission are allowed. 5) Elastic knee braces that do not contain hard objects may be used.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.10 Appearance

A. All fighters shall be cleanly shaven to a maximum of ¼ inch beard or mustache. B. Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either fighter or cover any part of a fighter's face. C. Jewelry or piercing accessories are prohibited during competition. D. All fighters shall be clean and shall not have any substance placed on their body other than underarm deodorant and vasoline on cheek and brow.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.11 Contestant Requirements

A. No contestant shall compete that does not have a minimum of 6 months training and be in good physical condition. B. Each professional contestant must have at least 7 wins recorded by an Athletic Commission to qualify as a professional fighter. C. Each contestant shall be clear of suspension on the record registry or they may not be eligible to compete. D. No amateur contestant or their trainer-second may request any form of compensation for competing. This shall include travel, hotel, and/or meal cost.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.12 Restarting a Stalled Match

A. If the match stalls on the fence, the referee may restart the match in the center of the cage. B. If a match stalls on the ground, the referee may restart the match in a standing position.

C. If the referee stalls the action to have the physician examine a cut or any other injury caused by foul, the bout may be restarted in the same position as it was stopped.

History

• Source: Miss. Code Ann. 75-75-105

30 Miss. Admin. Code Pt. 301, R. 4.13 Number of Bouts A

A submission wrestling card shall consist of a minimum of six (6) bouts and a maximum of ten (10) bouts, with a minimum of two (2) bouts being professional bouts. Seventy (70) percent or more of the contestants must have a prior competition victory recognized by the Commission.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 5 Wrestling Exhibition Rules

30 Miss. Admin. Code Pt. 301, R. 5.1 General Rules for Exhibition Wrestling

A. Anyone serving or acting as a promoter, director, wrestler, boxer, manager, matchmaker, referee, timekeeper, trainer, second and judge shall be licensed. B. No one shall enter the ring area except licensed participants, medical personnel, security, Commission members and others approved by the Commission. C. The ring area shall consist of the ring and its border. D. Promoters must be present at all events or have a licensed director present as their representative. E. Promoters are responsible for having a fire extinguisher at their event. F. Promoters are responsible for making sure each participant is licensed. G. Fireworks, fires, and pyrotechnics may only be used if approved by the Commission and the local fire department. H. There shall be a border at least 6 feet from the ring separating spectators from the ring. I. Wrestlers in all exhibitions or bouts must be properly trained and in good physical condition to participate. If it is deemed by a Commission member, doctor, medical tech, or promoter that a wrestler is not physically fit to perform, the wrestler shall not be allowed to perform. J. Wrestlers appearing in exhibitions or bouts must be properly clothed in neat and clean apparel. No hard sole shoes will be allowed. K. No wrestler’s license shall be issued to any person under 18 years of age. L. No foreign objects may be used in a wrestling exhibition unless approved by the Commission. M. All performance outside of the ring must be done on a padded surface approved by the Commission. N. The promoter or director shall inspect the ring before each event. O. Wrestling rings shall contain at least 3 ropes. P. All general provision medical requirements shall be waived for exhibition wrestling. Q. No wrestling exhibition shall have any act that creates intentional bleeding. R. No wrestler shall have any physical contact with a spectator.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 6 Organization, Duties, and Executive policies and Procedures

30 Miss. Admin. Code Pt. 301, R. 6.1 Athletic Commission Duties

The Commission shall have and is hereby vested with the sole direction, management, control and jurisdiction over all boxing, kickboxing, sparring, tough-man contest, wrestling, submission wrestling, matches or exhibitions to be conducted, held or given within the State of Mississippi. All matches and exhibitions authorized shall be held under the supervision of and subject to the rules and regulations of the Mississippi Athletic Commission. The Commission has full power and authority and it shall be its duty: (a) to make and publish rules and regulations governing the conduct of boxing, sparring and wrestling matches and exhibitions, the time and place thereof, and the prices charged for admission thereto; (b) to accept application for and, in its discretion, order a license or permit issued to promoters and participants of these events, and to revoke the license or permit; (c) to collect through the recorder of permits and licenses a fee of six percent (6%) of the gross receipts of every boxing, sparring or wrestling match or exhibition, and a fee not to exceed One Hundred Dollars ($100.00) for each annual license or permit issued to a boxer, kickboxer, wrestler, submission wrestler, referee, judge, matchmaker, promoter, manager, trainer, second, director, or timekeeper; and (d) to revoke any license or permit when, in its judgment, the public welfare requires it. The Commission is prohibited from issuing regulations which may be construed as granting a franchised or exclusive territory, and from the issuing of any type of monopolistic license or permit.

History

• Source: Miss. Code Ann. 75-75-101, 75-75-105

30 Miss. Admin. Code Pt. 301, R. 6.2 Certain Matches Exempted

Boxing, sparring and wrestling matches in colleges, universities or high schools shall be exempted from the jurisdiction of the Commission and shall be permitted and supervised by the governing body of such high school, college or university.

History

• Source: Miss. Code Ann. 75-75-123

30 Miss. Admin. Code Pt. 301, R. 6.3 Athletic Commissions Office Organization

The Athletic Commission consists is a 3 member Commission. The membership of the commission consists of a chairman of the commission and 2 associate commissioners. There is one administrative assistant to the Commission.

History

• Source: Miss. Code Ann. 75-75-103, 75-75-111

30 Miss. Admin. Code Pt. 301, R. 6.4 Delegation of Authority

The commission may appoint and remove at its pleasure, such number of inspectors of athletics as in its judgment is necessary to aid in the proper discharge of its duties.

History

• Source: Miss. Code Ann. 75-75-109

30 Miss. Admin. Code Pt. 301, R. 6.5 Contact Information

The Athletic Commission can be contacted at telephone number 610-373-9361 or through other contacts listed on website address of www.MSboxing.org.

History

• Source: Miss. Code Ann. 75-75-105

Chapter 7 Declaratory Opinions Rule 7.1 Application of Chapter. This sets forth the Mississippi Athletic Commission’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Commission’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

30 Miss. Admin. Code Pt. 301, R. 7.2 Scope of Declaratory Opinions

The Mississippi Athletic Commission will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Commission, B. a rule promulgated by the Commission, or C. an order issued by the Commission.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.4 How to Submit Requests

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Mississippi Athletic Commission or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. E. Each request must clearly state that it is a request for a declaratory opinion.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.5 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.6 Request Content Requirement

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.7 Reasons for Refusal of Declaratory Opinion Request

The Mississippi Athletic Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. The matter is outside the primary jurisdiction of the Commission; B. Lack of clarity concerning the question presented; C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; E. The facts presented in the request are not sufficient to answer the question presented; F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought; H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order; I. The question presented by the request concerns the legal validity of a statute, rule, or order; J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct; K. No clear answer is determinable; L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; N. The question is currently the subject of an Attorney General's opinion request; O. The question has been answered by an Attorney General's opinion; P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question; Q. A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or

R. The question involves eligibility for a license, permit, certificate or other approval by the Mississippi Athletic Commission or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.8 Agency Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Mississippi Athletic Commission shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or C. Decline to issue a declaratory opinion, stating the reasons for its action. The forty-five (45) day period shall begin on the first business day after which the request is received by the Board.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 7.9 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.1 Purpose

This chapter consists of rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.2 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Mississippi Athletic Commission pursuant to the Administrative Procedures Act.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.3 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regard to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Mississippi Athletic Commission or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.4 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The agency providing the notice shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.5 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following: A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral presentations at such a proceeding shall notify the Mississippi Athletic Commission at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Mississippi Athletic Commission prior to the proceeding. C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding. F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

• Source: Miss. Code Ann. § 25-43-2.105.

30 Miss. Admin. Code Pt. 301, R. 8.6 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Mississippi Athletic Commission, part of the rulemaking record, and are subject to the Mississippi Athletic Commission’s public records request procedure. The Mississippi Athletic Commission may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-2.105.

MISSISSIPPI BOARD OF NURSING MISSISSIPPI BOARD OF NURSING

Part 2801 Forward

30 Miss. Admin. Code Pt. 2801, R. 1.1 Purpose

The Mississippi Board of Nursing is a consumer protection agency with the authority to regulate the practice of nursing through licensure and by establishing scope of nursing practice as provided for by Miss. Code Ann. of 1972, Annotated, Title 73, Chapter 15. The Board is responsible for the quality of nursing care rendered by the practitioners of nursing to the consumers of health care. The purpose of these regulations is to protect the health, safety, and welfare of the residents of this state.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2801, R. 2.1 Availability of Information

Information concerning the following is available on the Board’s website at www.msbn.ms.gov: A. Mississippi Nursing Practice Law; B. Administrative Code; C. By-Laws; D. Board Hearing and Meeting dates; E. Public records, including, but not limited to: 1) Board Orders; 2) License verification requests; F. Additional information may include, but is not limited to: 1) Declaratory Rulings; 2) Decision Trees.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2810 Examinations and Licensure

30 Miss. Admin. Code Pt. 2810, R. 1.2 Passing Score

The passing score for RNs and LPNs shall be a standard score as recommended by NCSBN and adopted by the board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.3 Data Provided to Education Programs

Candidates shall be determined eligible to take the NCLEX examination. Notification of the national statistical data provided by the testing service shall be sent to the accredited nursing education programs within the state a minimum of once quarterly.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.4 Authorization to Test

Examination candidates will be sent authorization to test from the designated testing service, via email or US mail prior to the examination date.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.5 Scoring

Candidate responses to the examination shall be sent to the appropriate testing service for scoring. In the event that candidate responses are lost or destroyed through circumstances beyond the control of the board, the candidate will be required to retake the examination.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.6 Examination Results for Candidates

Candidates shall receive official examination results by mail and a copy of the results will be filed in each candidate's permanent record in the board office.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.7 Examination Results Released Upon Written Request

The board shall release a candidate's official examination results to the candidate, the school from which the candidate graduated, and the state agencies authorized to accredit schools of nursing. The board may

release a candidate's examination results to any individual or agency upon written authorization from the candidate and payment of required fee.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.8 Requirements for Examination Applicants from Sate-Accredited Mississippi Programs

Applicants from state accredited Mississippi programs shall be eligible to qualify for licensure by examination and must: A. Submit an official transcript to the board from a state accredited Mississippi nursing program showing successful completion of such program. B. Submit official documentation of eligibility for graduation to the board if the applicant has met all requirements for graduation, but a degree has not been formally conferred. Applicant must submit an official transcript within 30 days after the degree is conferred. Failure to submit such transcript shall result in the voiding of the license; C. Comply with criminal background checks and fingerprinting in accordance with Miss. Code Ann. Sections 73-15-19 (1) and 73-15-21 (1); D. Submit completed board-approved application, including the notarized authorization to release information form; E. Pay required nonrefundable application fee upon submission of application to the board; F. Submit the application by the deadline dates established by the board; G. Register for the examination with the designated testing service; and H. Pay the required fee upon examination registration to the designated testing service.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.9 Requirements for Examination Applicants from other State-Approved Programs in the United States or Territories

Applicants from other state-approved programs in the United States or territories shall be eligible to qualify for licensure by examination in Mississippi and must: A. Submit an official transcript to the board that indicates the graduate has successfully completed a program that meets substantially the same or exceeds nursing program educational content requirements in Mississippi; B. Submit official documentation of eligibility for graduation to the board if the applicant has met all requirements for graduation, but a degree has not been formally conferred. Such applicant must submit an official transcript within 30 days after the degree is conferred. Failure to submit such transcript shall result in the voiding of the license; C. Comply with criminal background checks and fingerprinting in accordance with Miss. Code Ann. Sections 73-15-19 (1) and 73-15-21 (1); D. Submit a completed board application; E. Pay the required nonrefundable application fee upon submission of application to the board; F. Submit the application by deadline dates established by the board; G. Register for the examination with the designated testing service; and

H. Pay the required fee upon examination registration to the designated testing service.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.10 Application Process Time Frame

An applicant for licensure who does not complete the application process within one (1) year of the date of receipt of the original application shall begin the application process again, including payment of the application fee, submission of a new application and all supporting documentation.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.11 Board Determines who is Duly Qualified

The board reserves the right to determine who is duly qualified for the examination and licensure.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.12 Initial and Re-examination Applicants’ Qualifications and Timeframes

An applicant for re- examination must meet criteria as outlined in Part 2810, Chapter 1, Rule 1.8 or Rule 1.9, submit a board-approved application, and pay a required nonrefundable fee by the deadline date established by the board. Applicants for reexamination shall be eligible to qualify for licensure by examination provided applicants pass the examination within six (6) attempts and within two (2) years of graduation. Initial applicants for examination shall be eligible to qualify for licensure by examination provided applicants pass the examination within six (6) attempts and within two (2) years of graduation.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.13 Qualification for Graduates from Approved or Accredited RN Programs Applying to Write NCLEX-PN

Graduates from approved or accredited RN programs as required in Miss. Code Ann. Section 73-15-19 (1)(b) who are applying to write NCLEX-PN shall be eligible to qualify for licensure by examination by meeting the following requirements: A. Complete a role delineation course approved by the board; B. Comply with criminal background checks and fingerprinting in accordance with Miss. Code Ann. Section 73-15-21 (1); C. Submit an official transcript documenting graduation from a RN education program. D. Submit an application to take the NCLEX-PN examination and pay the required nonrefundable fee. E. Submit a notarized authorization to release information form; F. Pay the required nonrefundable application fee upon submission of application to the board. G. Register for the examination with the designated testing service; and H. Pay the required fee upon examination registration to the designated testing service.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 1.14 Qualification for Military-Trained Medics Applying for NCLEX-PN

Applicants who are United States Army Combat Medic Specialists, United States Navy Hospital Corpsmen, or United States Air Force Aerospace Medical Service Specialists, as provided in Miss. Code Ann. § 73-15-21 (as amended by HB1262, 2025 Reg. Sess.), shall be eligible to qualify for licensure by examination as Licensed Practical Nurses (LPN) by meeting the following requirements: A. Submit Verification of Training and Competency Form, signed by the applicant’s Unit Training Manager and Chief Nursing Officer; B. Submit certificate of completion of a role delineation course approved by the Board; C. Submit official evidence of completion of required military training as a United States Army Combat Medic Specialist, United States Navy Hospital Corpsman, or United States Air Force Aerospace Medical Service Specialist, as documented in the Official Military Personnel File (OMPF); D. Documentation of at least twenty-four (24) months of clinical experience involving direct patient care completed after military training, including but not limited to trauma or emergency-oriented care. This must be shown in official military service evaluations listing dates of service, locations of assignment, and duties performed; E. Submit official documentation of a high school diploma from an approved high school or the equivalent thereof; F. If English is not the applicant’s first language, evidence of competence in English related to nursing; G. Comply with criminal background checks and fingerprinting in accordance with Miss. Code Ann. §§ 73-15-19(1) and 73-15-21(1); H. Submit completed board-approved application, including the notarized authorization to release information form; I. Pay required nonrefundable application fee upon submission of application to the board; J. Submit the application by deadline dates established by the board; K. Register for the examination with the designated testing service; and L. Pay required fee upon examination registration to the designated testing service.

All applicants must be cleared for licensure through a board investigation verifying good moral character and the absence of statutory grounds for denial per Miss. Code Ann. §§ 73-15-29 and 73-15-33.

Timeframe. Applicants shall be eligible to qualify for licensure by examination provided they pass the NCLEX-PN within six (6) attempts or within two (2) years of submitting the initial application, whichever occurs first. Failure to meet this requirement will necessitate reapplication under then current rules.

Applicability. All other board rules for licensure by examination apply, except as revised by this section.

Source. Miss. Code Ann. § 73-15-21 (1972, as amended by HB 1262 and subsequent amendments); § 73-15-17.

30 Miss. Admin. Code Pt. 2810, R. 1.15 Licensure May be Denied for Falsification

Any applicant who falsifies the

application for examination may be denied licensure in accordance with Miss. Code Ann. Section 73-15-29 of the Mississippi Nursing Practice Law.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 2 Licensure by Endorsement Rule 2.1 Endorsement of Licensees from Other States or Territories. Graduates of state approved or accredited programs who are licensed in another state or territory of the United States shall be eligible for licensure by endorsement in Mississippi, providing the educational requirements prevailing in other jurisdictions are substantially equivalent to those in Mississippi at the time of the applicant's graduation and providing the applicant has met the Mississippi minimum passing standard on the licensure examination.

30 Miss. Admin. Code Pt. 2810, R. 2.2 Temporary Permits for Endorsement Applicants

A temporary permit to practice nursing for a 90 day period may be issued to applicants for licensure by endorsement upon submission of the application and fee. Temporary permits may be renewed by the board in extraordinary situations. A fee may be required.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 2.3 Requirements for Licensure by Endorsement

A. Registered nurse applicants shall: 1) Submit the official transcript of graduation from an approved or accredited RN nursing program; 2) Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-19 (1); 3) Submit official evidence of licensure by examination and passing scores or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed; 4) Submit proof of current licensure in another state or territory or evidence of eligibility for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence; and 5) Submit the required nonrefundable licensure fee and completed application for endorsement. B. Licensed practical nurse applicants shall: 1) Submit the official transcript of graduation from an approved or accredited LPN nursing program; 2) Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-21(1); 3) Submit official evidence of licensure by examination and passing scores or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed; 4) Submit proof of current licensure in another state or territory or evidence of

eligibility for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence; and 5) Submit the required nonrefundable licensure fee and completed application for endorsement.

C. Equivalency applicants, graduates of RN programs who are applying for endorsement as LPNs, shall: 1) Submit official evidence of graduation from an approved or accredited RN nursing program; 2) Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-21(1); 3) Submit official evidence of licensure by examination and passing scores or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed; 4) Submit proof of current licensure in another state or territory or evidence of eligibility for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence; and 5) Submit the required nonrefundable licensure fee and completed application for endorsement. 6) Complete a role delineation course approved by the board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 3 Licensure of Applicants from Countries outside the States and Territories of the United States Rule 3.1 RN Licensure by Examination for Applicants from Countries outside the States and Territories of the United States. Applicants for RN licensure by examination shall: A. Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-19 (1); B. Present evidence of competence in English related to nursing, provided the first language is not English; C. Present evidence of meeting immigration requirements; D. Submit evidence of certification issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS); E. Present written official evidence of completion of a board-approved nursing program preparing RNs. The transcript must be in English or a certified translation; F. Submit the application to take the examination and pay the nonrefundable fees; G. Be required to pass NCLEX-RN or its successor examination by obtaining a passing score or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed;

30 Miss. Admin. Code Pt. 2810, R. 3.2 RN Licensure by Endorsement for Applicants from Countries outside the States and Territories of the United States

Applicants for RN licensure by endorsement shall: A. Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-19(1); B. Submit proof of current licensure in another state or territory or evidence of eligibility for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence;

C. Present written official evidence of completion of a board-approved nursing program preparing RNs. The transcript must be in English or a certified translation; D. Submit evidence of certification issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS); E. Submit the applications for endorsement and pay the nonrefundable fees; F. Present official evidence of licensure by examination and passing scores or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed; and G. Be permitted to apply for a temporary permit and may be issued such permit upon the acceptance of the application and payment of the required fee.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 3.3 LPN Licensure by Examination for Applicants from Countries outside the States and Territories of the United States

Applicants for LPN licensure by examination shall: A. Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-21(1); B. Present evidence of competence in English related to nursing, provided the first language is not English; C. Present evidence of meeting immigration requirements; D. Submit evidence of certification issued by the Commission on Graduates of Foreign Nursing schools (CGFNS); E. Present written official evidence of a board-approved nursing program preparing LPNs. The transcript must be in English or a certified translation; F. Submit the application to take the examination and pay the required nonrefundable fees; and G. Be required to pass NCLEX-PN or its successor examination by obtaining a passing score or result equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 3.4 LPN Licensure by Endorsement for Applicants from Countries outside the States and Territories of the United States

Applicants for LPN licensure by endorsement shall: A. Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-21(1); B. Submit proof of current licensure in another state or territory or evidence of

eligibility for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence; C. Present written official evidence of completion of a board-approved nursing program preparing LPNs. The transcript shall be in the English language or a certified translation; D. Submit the application for endorsement and pay the nonrefundable fees; E. Present official evidence of licensure by examination and passing scores or results equivalent to or above those in effect in Mississippi at the time the applicant was initially licensed; and

F. Be permitted to apply for a temporary permit and may be issued such permit upon acceptance of the application and payment of the required fee.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 4 Renewal and Reinstatement of Licenses Rule 4.1 Active Biennial Renewal: Biennial renewal of active license: A. Registered Nurses: The license shall be valid for two (2) calendar years beginning January 1 of each uneven- numbered year and expiring December 31 of each even-numbered year. B. Licensed Practical Nurses: The license shall be valid for two (2) calendar years, beginning January 1 of each even- numbered year and expiring December 31 of each uneven-numbered year.

30 Miss. Admin. Code Pt. 2810, R. 4.2 Publication of Notification of Renewal

Notification of renewal shall be published on or before November 1 of the year in which the license expires.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.3 Online Renewal

Renewal and payment shall be completed online through the board’s website on or before December 31 of the year in which the license expires. Information on the application shall be subject to verification by the board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.4 Definition of Active Licensure

Active licensure means the practice of nursing as defined in Miss. Code Ann. Section 73-15-5 (2) and (5).

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.5 Inactive Licensure

Inactive licensure means the state of licensure granted at the discretion of the board to persons not engaged in the active practice of nursing but desiring to maintain licensure.

A. Any person practicing as a RN or LPN during the time the nurse holds inactive licensure shall be considered to be practicing illegally and shall be subject to disciplinary action by the board. B. The only title which may be used by a person with inactive licensure is "RN-I" or "LPN-I", as appropriate, with "I" meaning inactive as defined in the Mississippi Board of Nursing Rules and Regulations. C. In order to be considered for inactive licensure a person shall submit a written request to the board. Upon completion of the appropriate application and fee, inactive licensure may be conferred at the discretion of the board. D. Inactive licensure shall not be granted to a person during the pendency of disciplinary proceedings against that person. E. Licensees holding inactive licensure may apply for reinstatement of active licensure. Upon completion of the reinstatement process and pursuant to all other provisions of Part 2810, the board may reinstate active licensure. F. Inactive licensure may be reinstated to active licensure pursuant to Miss. Code Ann. Section 73-15-27 (a) (v) and (b) (v) and Mississippi Board of Nursing Rules and Regulations, Part 2810, Chapter 4.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.6 Lapsed Licensure

A. Any person practicing as a RN or LPN during the time the license has lapsed shall be considered to be practicing illegally and is subject to disciplinary action by the board. B. Any RN or LPN who allows the 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 and upon payment of the required reinstatement fee and renewal fee. C. A lapsed license may be reinstated pursuant to Miss. Code Ann. Section 73-15-

(a) (v) and (b) (v) and Mississippi Board of Nursing Rules and Regulations, Part 2810, Chapter 4.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.7 Evidence of Continuing Basic Nursing Competencies

A. Any RN or LPN applying for a license (including endorsement), renewal of an active license, reinstatement of a lapsed license or change from inactive to active status must submit evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a RN or LPN in a voluntary capacity with or without compensation within the five (5) year period immediately prior to such application for a license, renewal, reinstatement or change of status. B. Evidence of continuing basic nursing competencies shall include submission of written documentation of one of the following: 1) Successful completion of a board-approved Reorientation Program for RNs

or LPNs within the five (5) year period immediately prior to such application for renewal or reinstatement of the nursing license. The board may issue a temporary permit to any nurse during the time enrolled in a board-approved nursing reorientation program upon submission of the required application and fees; 2) Completion of twenty contact hours of continuing education directly related to nursing practice within the two (2) year period immediately prior to such application for renewal or reinstatement of the nursing license. Acceptable continuing education offerings are those which are currently approved, accredited, provided, or offered by a recognized credentialing agency; 3) Successful completion of a minimum of three (3) semester hours of nursing credit offered by a nursing education program within the two (2) year period immediately prior to such application for renewal or reinstatement of the nursing license. An acceptable nursing program is one which is approved or accredited by the appropriate agency within the state.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.8 Change of Name and/or Address

A. The licensee shall supply evidence of a name change, i.e., copies of court records, marriage certificate, etc., in order for any official change to be made on records. B. The licensee shall keep the board informed in writing as to a change in address.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 4.9 Loss of License, Temporary Permit, or Certification Card: A

The licensee shall report any lost or stolen license, temporary permit, or certification card with complete identifying information. B. Upon receipt of information surrounding the loss or theft of the license, temporary permit, or certification card and receipt of the required fee, the board will issue a duplicate document.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 5 Disaster Relief Permits Rule 5.1 Permits Issued during Public Health Emergency. The board may issue disaster relief permits to an individual to practice as a registered nurse, advance practice nurse, or licensed practical nurse to provide gratuitous nursing service in the state of Mississippi during a public health emergency, and for such periods thereafter as approved by the board provided such individual: A. Holds a current unrestricted license in good standing issued by the licensing authority of another state to practice as an advanced practice nurse, registered nurse, or licensed practical nurse; B. Submit to the board:

30 Miss. Admin. Code Pt. 2810, R. 5.2 Terms of Issuance

A disaster relief permit may be issued upon such terms, conditions, limitations or restrictions as to time, place, nature, and scope of practice as determined by the board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 5.3 Validity of Permit

A disaster relief permit will be valid for sixty (60) days from the date of issuance and may be extended for an additional sixty (60) day periods as determined appropriate and necessary by the board, and deemed necessary or appropriate to its responsibilities under law.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2810, R. 5.4 Termination of Permit

A disaster relief permit shall be recalled if allegations of acts or omissions which constitute grounds for disciplinary action as defined in Miss. Code Ann. Section 73-15-29.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2815 Part 2815: Continuing Education Requirements

30 Miss. Admin. Code Pt. 2815, R. 30 Rule 30

Miss. Admin. Code Pt. 2815: Continuing Education Requirements. REPEALED. Effective 09/16/2021.

Part 2820 Denial, Revocation, Suspension of License

Chapter 1 Denial, Revocation, Suspension of License

30 Miss. Admin. Code Pt. 2820, R. 1.1 Board Authority to Deny, Revoke, Suspend License

The board shall have power to deny, revoke, suspend, or refuse to renew any license or permit to practice nursing issued by the board or applied for in accordance with the provision of this act, including the power to fine said individual, upon proof that such person has violated the provisions of Miss. Code Ann. Chapter 15 as more specifically defined in Section 73-15-29.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2820, R. 1.2 Unprofessional Conduct Defined

Unprofessional conduct shall include but not be limited to the following: A. Conviction of a felony within the past five (5) years; B. Filing false, forged or altered documents when applying for a license; C. Misrepresentation, deception or failure to disclose information as requested on any licensure or board of nursing document when attempting to secure or obtain a nursing license; D. Practicing nursing beyond the authorized scope of the license or directing others to practice beyond their authorized scope; E. Failure to maintain medical records in a professional manner: 1) Altering entries or destroying medical records; 2) Failure to make intelligible essential entries; 3) Recording entries prior to patient care including but not limited to medication administration and treatments; and/or 4) Making false entries in patient records. F. Practicing the profession while under the influence of alcohol or other mood altering substances as evidenced by any of the following: 1) Positive screen for alcohol, an illegal substance or unauthorized medication; 2) Pattern of abuse or habitual abuse of authorized or unauthorized medications; 3) Impairment while on duty while using authorized or unauthorized medications; 4) Refusal to submit drug screen; 5) Submission of diluted, adulterated or substituted specimen for testing; and/or 6) Noncompliance with a treatment plan for a substance abuse disorder. G. Practicing nursing while the ability to practice is impaired by a physical or emotional condition; H. Misappropriation of drugs, supplies or equipment; I. Practicing nursing in this state without a current active Mississippi license, privilege to practice or permit or while the license, privilege or permit is revoked; J. Permitting, aiding or abetting an unlicensed person to perform activities requiring a license; K. Assuming duties and responsibilities in the practice of nursing when competency has not been established or maintained;

L. Inappropriately delegating tasks to individuals licensed or unlicensed when the person lacks educational preparedness, experience, credentials, competence or physical or emotional ability to complete the task. M. Failure to adequately supervise, manage or train persons to whom nursing functions are delegated or assigned. N. Violating confidentiality of information or knowledge concerning the patient; O. Willfully altering medications; P. Passing or attempting to pass a forged prescription; Q. Selling or attempting to sell a controlled substance; R. Possessing, obtaining, furnishing or administering drugs to any person, including self, except as legally directed; S. Violating professional boundaries of the nurse patient relationship including but not limited to: 1) Engaging in conduct that is sexual, or reasonably interpreted as sexual, with a patient, patient’s immediate family or patient’s significant other; 2) Emotional or financial exploitation of the patient or the patient’s immediate family member or significant other; 3) Engaging in inappropriate behavior such as exposure or gratification in the presence of a patient. T. Failing to immediately report facts known regarding a nurse who fails to render care in accordance with current standards of practice or illegal practice of any licensed nurse. This requirement excludes the reporting of chemically dependent nurses who have sought and complied with treatment for chemical dependency provided that no other provision of the Mississippi Nursing Practice Law and Rules and Regulations has been violated; U. Practicing in an expanded role without certification by the board; V. Failure to adhere to the standards of practice for nurses in the expanded role; W. Having a license denied, conditionally issued, reprimanded, placed on probation, suspended, revoked or voluntarily surrendered in another state, territory or country; X. Failure to safeguard the patient’s rights and dignity; Y. Intentionally or negligently causing or allowing others to physically, sexually, emotionally or verbally abuse a patient; Z. Abandoning patients; AA. Impersonating another licensed practitioner; BB. Failure to appropriately act in safeguarding the patient from incompetent healthcare practices or practitioners; CC. Inappropriately prescribing controlled substances by an advanced practice registered nurse.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2820, R. 1.3 Sanction and Fines

The board may administratively sanction and impose fines for any of the following: A. Failing to timely renew a nursing license while continuing to practice nursing or engage in activities or duties related to nursing. B. Failing to notify the board in writing within thirty days after a change in residence address. C. Failing to notify the board immediately after a change in practice site of the APRN and collaborative physician of the APRN. D. Violating the provisions of Miss. Code Ann. Section 37-101-291.

E. Failing to divulge current disciplinary action of a nursing license to an employer. A person who fails to pay an administrative penalty within thirty (30) days after notification may be subject to further disciplinary action.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2825 Part 2825: Rules of Procedure

30 Miss. Admin. Code Pt. 2825, R. 1.2 Definitions

For Part 2825, Chapter 1 only, the following terms have the meanings indicated:

A. Allegation: a claim or accusation of a violation of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. B. Appellant: a Respondent who makes an appeal to the Full Membership of the Board, to a chancery court, or to a higher court. C. Board: the Mississippi Board of Nursing, including its members and employees acting on its members’ behalf. D. Board Hearing Panel: the three-member panel of the Board designated to hear disciplinary proceedings, pursuant to Miss. Code Ann. Section 73-15-31. Members of the Board shall be designated to sit on a Board Hearing Panel on a rotating basis. E. Case Review Committee: an inter-departmental committee of Board staff, assembled for the purpose of reviewing allegations of violations of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. F. Complaint Counsel: the attorney retained by the Board to prosecute licensees pursuant to the Mississippi Nursing Practice Law. G. Executive Director: the chief executive officer or other designee employed by the Board to run the day to day operations of the Board. H. Formal Complaint: a formal document publicly charging a Respondent with a violation of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. I. Informal Proceedings: an informal review or meeting, occurring at any time prior to the Board entering any order with respect to the allegation, between the Case Review Committee, Board, and/or Board Hearing Panel and the Respondent or legal representative to fully explore the issues involved in the allegation and to facilitate the disposition of the

allegation. J. Licensee: any individual licensed to practice by the Board as a Registered Nurse, Licensed Practical Nurse, or Advanced Practice Registered Nurse in the State of Mississippi. K. Mississippi Nursing Practice Law: Sections 73-15-1, et seq., of the Mississippi Code of 1972, Annotated. L. Respondent: a licensee or applicant against whom the Board has initiated a formal or informal action. M. Time Period: unless indicated otherwise, when the period is stated in days or a longer unit of time: 1) In computing any period of time prescribed or allowed by these rules, the day of the event that triggers the period shall not be included. 2) Every day, including intermediate Saturdays, Sundays, and legal holidays shall be included. 3) The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as set forth in Mississippi statute. In such case, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.3 Investigations

A. All complaints made to the board will be investigated. A case may be dismissed without further investigation based on a determination of either: 1) Lack of jurisdiction; or 2) No violation of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. B. The Board may initiate an investigation either: 1) In response to a written complaint or adverse information received by the Board; or 2) Based on information independently developed by the investigative staff of the Board. C. During an investigation, the investigative staff may interview and take the statements of witnesses and licensees. During the interview of a licensee, the investigative staff shall

inform the licensee of the nature and purpose for the investigation and, if requested, provide licensee with a copy of any written complaint provided that: 1) Any identifying information of any patient shall be removed, and 2) the complainant shall remain anonymous; 3) Disclosure of the complaint may not impair, impede, or compromise the efficacy or integrity of the investigation of the complaint.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.4 Results of Formal Investigation

A. Upon completion of the formal investigation, the Case Review Committee shall determine whether there is reasonable cause to believe that a violation exists of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. 1) Upon a determination of reasonable cause to believe that a violation exists of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing, the Case Review Committee shall make a recommendation for resolution of the allegation. 2) Upon a determination of no reasonable cause to believe that a violation exists of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing, the Board: (a) Shall dismiss the allegation; and (b) May notify the Complainant and Respondent of the decision. B. An allegation may be resolved by an administrative affidavit, an agreed settlement proposal or other informal disposition and/or Formal Complaint. C. If an investigation results in an administrative affidavit, processing fees may be charged and the application for a nursing license or privilege will not go forward until all fees associated with the administrative affidavit are paid to the Board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.5 Informal Proceedings

A. At any time, any matter before the Board may be resolved through informal proceedings by stipulation, agreed settlement proposal, or agreed order of dismissal. Any agreed settlement proposal must be approved by the Board Hearing Panel upon a majority vote of those

qualified to vote and must be approved further by the Respondent, upon a knowing and intentional waiver by the Respondent of his or her right to a hearing. This process may occur at any time prior to the Board or its Hearing Panel entering any order with respect to the allegation. B. Respondent and Board Participation in the informal proceedings is voluntary and may be terminated by either party without prejudicing the right to proceed with a contested case. The parties may agree in writing by stipulation of the following: 1) Any undisputed claims, facts, testimony, documents, or issues; and 2) Evidence to be introduced without objection. C. No Board member is presumed to be biased and shall not be excused from participating in the adjudication and deliberation of a case or action based solely on the reason that the member considered a proposed settlement, consent agreement, or other proposal for resolution of a pending allegation or disciplinary or licensure action.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.6 Commencement of Disciplinary Proceedings

A. If an allegation is not resolved informally or the Board determines that an allegation warrants the issuance of a Formal Complaint, Board staff may commence disciplinary proceedings by issuing a Formal Complaint. Electronic signatures shall be permissible on a Formal Complaint. B. The Respondent shall be notified of the hearing at least fifteen (15) days in advance of the date set for the hearing. The Complaint shall set forth the charges and allegations against Respondent in sufficient detail so as to provide full disclosure and notice of all violations of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing. C. The Board’s staff shall serve the Formal Complaint and Notice of Hearing on Respondent by: 1) Certified mail, postage pre-paid, to the last known address of the Respondent; 2) Personal Delivery, or 3) When service of process by certified mail or personal delivery cannot be effected, by publication of a Notice of Hearing for three (3) successive weeks in the newspaper published in the county in which the Respondent last practiced or in the county in which the Respondent last resided according to the records of the Board, the date of hearing to be no less than ten (10) days after the last date of the published notice.

D. The Respondent may file a response to the Notice of Hearing but is not required to do so. Any written response to the charges must be filed with the Board ten (10) days in advance of the date set for the hearing on the complaint. E. The Respondent may waive notice of a Formal Hearing. Such waiver of the right to a hearing must be in writing, signed by the Respondent, and filed with the Board. F. A Formal Complaint may be resolved by agreement of the parties at any time. G. All pleadings, motions, or other papers permitted or required to be filed with the Board in connection with a pending disciplinary proceeding shall be filed by personal delivery at the Board or by certified mail to the office of the Board. H. Following service of a Formal Complaint and Notice of Hearing pursuant to this Rule, a Respondent who is represented by legal counsel with respect to the disciplinary proceeding shall personally or through such counsel, give written notice to the Board of the name, address, and telephone number of such counsel. Following receipt of proper notice of representation, all further notices, pleadings, subpoenas, orders, or other process related to the proceeding shall be served on Respondent through the designated counsel of record until such time as the withdrawal of counsel is filed with the Board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.7 Pre-Hearing Procedures

A. Continuances. 1) Hearings shall be held before the Board Hearing Panel at the time and place designated in the Formal Complaint and Notice of Hearing unless the Board grants a continuance. (a) A motion for a continuance must be filed with the Board at least ten (10) days prior to the scheduled hearing. A request for continuance, including to retain counsel, submitted less than ten (10) days prior to the hearing may be made only under unusual circumstances. In such event, a request for a continuance shall be granted only unusual circumstances and if the other party will not be prejudiced thereby (b) No more than one (1) continuance of the hearing will be granted without the approval of the Board or Board’s designee for good cause. B. Subpoenas. 1) For the purpose of disciplinary hearings, the Board acting by and through its legal staff may subpoena persons and papers on its own behalf and on behalf of a Respondent.

2. Before the Board will issue any subpoena on behalf of a Respondent, the Respondent shall file with the Board a written request for the issuance of said subpoenas, identifying with certainty the identity and address of all persons to be subpoenaed and/or a concise description of the records to be subpoenaed with the identity and address of the custodian of said records. 3) All requests for the issuance of subpoenas shall be filed with the Board at least ten (10) days before the scheduled hearing date. The Board shall not be responsible for the timely receipt of said subpoenas issued after the deadline. 4) All subpoenas issued by the Board either on its own behalf or on behalf of a Respondent shall be effected by certified mail or by personal delivery. 5) All subpoenas issued by the Board shall be returnable within ten (10) days to either the Board or other location as specified in the subpoena. 6) The Board shall charge a Respondent a reasonable fee, not to exceed $25.00 per subpoena, for preparation and mailing of subpoenas. Payment must be made by cashier’s check, money order, or Board-accepted electronic method.

C. Disclosure. 1) No depositions shall be taken in preparation for matters to be heard before the Board or its Hearing Panel. 2) Requests for disclosure under this rule shall have standing effect until resolution of the case. 3) Parties shall comply with disclosure as requested within ten (10) days of the day the request was made or within ten (10) days of which the information or material was acquired by possession, custody, control or became within the knowledge of party. Both parties shall make every effort to facilitate disclosure in a timely manner prior to a scheduled matter before the Board. 4) Upon written request by a Respondent or his or her counsel, Complaint Counsel of the Board shall disclose and permit Respondent or his or her counsel to inspect, copy, or photograph the following information and material which is in the possession, custody, or control of the Board or the existence of which is known to the Complaint Counsel: (a) Names and addresses of all witnesses proposed to be called in Complaint Counsel’s case in chief, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness. (b) Copies of any written or recorded statement of Respondent and the substance of any oral statement made by Respondent.

(c) Copies of any public criminal record of Respondent, if proposed to be used. (d) Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case. (e) All records, documents, physical evidence, or photographs which may be offered as evidence. (f) Any exculpatory material concerning the Respondent. 5) The Board shall charge a Respondent a reasonable fee, not to exceed fifty cents ($0.50) per page, payable in advance of delivery of copied documents. Payment must be made by Board-accepted electronic method. 6) The Board may deny disclosure authorized by this Rule: (a) If it finds that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary embarrassment resulting from such disclosure which outweighs any usefulness of the disclosure to Respondent or his or her counsel. (b) In accordance with applicable statutory and regulatory provisions providing exemptions, including but not limited to: 1. Miss. Code Ann. Section 25-61-12 and 2. Miss. Code Ann. Section 73-52-1. 7) Upon written request by Complaint Counsel, Respondent or his or her counsel shall promptly disclose and permit Complaint Counsel to inspect, copy, or photograph the following information and material which is in the possession, custody, or control of the Respondent or his or her counsel or the existence of which is known to the Respondent or his or her counsel: (a) Names and addresses of all witnesses proposed to be called in Respondent’s defense, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness. (b) All records, documents, physical evidence, or photographs which may or shall be offered as evidence in Respondent’s defense. (c) Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case. D. Exhibits 1) Respondent or his or her counsel shall produce to the Board copies of all exhibits he or she intends to introduce as evidence in a Formal Hearing at least five (5)

business days prior to the date of the Formal Hearing. (a) This provision shall be satisfied if Respondent or his or her counsel previously provided disclosure under Rule 1.7 C to Complaint Counsel and the disclosure contained no changes from that to be offered into evidence as exhibits. (b) Respondent or his or her counsel shall produce at least five (5) physical copies of exhibits at the Formal Hearing, for review by the Board Hearing Panel, Complaint Counsel, and the Hearing Officer. 2) Upon written request of Respondent or his or her counsel, Complaint Counsel shall permit inspection of or produce to the Respondent or his or her counsel copies of all exhibits he or she intends to introduce as evidence in a Formal Hearing. (a) This provision shall be satisfied if Complaint Counsel previously provided disclosure under Rule 1.7 C to Respondent or his or her counsel and the disclosure contained no changes from that to be offered into evidence as exhibits. (b) Complaint Counsel shall not be obligated to fulfill requests made by Respondent within (5) business days of the date of the Formal Hearing. E. Failure to Comply. 1) In case of the failure of any person to comply with a timely request for disclosure and/or production of exhibits, the Board Hearing Panel shall either: (a) Enter an Order prohibiting the noncompliant party from introducing the designated records, or (b) Enter an Order continuing the matter until the next scheduled Formal Hearing time and, if the Respondent is the noncomplying party, temporarily suspending Respondent’s license. F. Amendment of Pleadings. 1) Complaint Counsel may amend a Formal Complaint and Notice of Hearing that has been duly served upon Respondent at any time prior to or during the scheduled hearing, provided the amendment is for the purpose of correcting a clerical error or clarifying facts set forth in the Formal Complaint and Notice of Hearing. 2) Complaint Counsel may amend a Formal Complaint and Notice of Hearing to add additional charges or counts provided the amended Formal Complaint and Notice of Hearing is served upon Respondent not less than fifteen (15) days before the scheduled hearing date or by mutual agreement of the parties.

G. Pre-Hearing Motions. 1) All pre-hearing motions shall be filed not later than ten (10) days prior to the scheduled hearing. Said motion shall be accompanied by a memorandum setting forth a succinct explanation of the grounds on which relief is sought. Any such memorandum may not exceed five (5) typed pages unless permission to exceed that limit is requested and granted in advance by the Board or Board designee. 2) Affidavits may accompany a motion as necessary to establish facts alleged in support of the motion. 3) All memorandums filed by opposing counsel in opposition to the initial motion shall be filed not later than five (5) days prior to the scheduled hearing. Any such memorandum in opposition may not exceed five (5) typed pages unless permission to exceed that limit is requested and granted in advance by the Board or designee. H. Procedural Decisions. 1) The Attorney General and/or a designee thereof will be fully authorized to make all necessary procedural decisions on behalf of the Board, including, but not limited to, matters related to continuances, time extensions, amendments, pre- hearing conferences.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.8 Formal Hearing

A. Formal Hearings are conducted pursuant to Miss. Code Ann. Section 73-15-31 before a Board Hearing Panel that consists of three (3) Board members, an alternate Board member, and a representative of the Mississippi Attorney General’s Office who serves as the Hearing Officer for each hearing. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Board. B. At a Formal Hearing, Complaint Counsel and Respondent and/or Respondent’s counsel shall have opportunity to present evidence on all issues of fact and argument on all issues of law, to call, examine, and cross-examine witnesses, and to offer and introduce documentary evidence and exhibits as may be required for full and true disclosure of the facts and disposition of the matter. C. The Board Hearing Panel is not bound by strict rules of evidence, but all determinations made by the Board Hearing Panel must be based upon clear and convincing evidence. The representative of the Mississippi Attorney General’s Office, in his or her capacity as Hearing Officer of the Board Hearing Panel, shall rule on all evidentiary issues.

D. All hearings are open to the public pursuant to the Mississippi Open Meetings Law, Miss. Code Ann. Section § 25-41-1, et seq. In all disciplinary hearings before the Board Hearing Panel, the record of the case shall include: 1) The Formal Complaint and Notice of Hearing; 2) All pleadings, motions, and rulings issued; 3) Evidence received or considered at the hearing; 4) Offers of proof, objections, and rulings thereon; and 5) The Board’s Order or other disposition made by the Board. E. Formal Hearings before the Board shall be conducted in the following order: 1) Opening statements 2) Complaint Counsel’s case in chief 3) Respondent’s case in chief 4) Complaint Counsel’s rebuttal 5) Closing statements F. Questioning of witnesses shall be conducted in the following order: 1) Direct examination 2) Cross examination 3) Redirect examination G. The Hearing Officer shall have the authority to preside over the hearing, and direct post- hearing matters in accordance with the requirements of the case in a manner that ensures due process. H. The Board Hearing Panel shall render its Order, setting forth Findings of Fact and Conclusions of Law. Although the Board Hearing Panel’s decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, but no later than forty-five (45) days after the formal hearing. A copy of such order shall be sent to Respondent via certified mail at his or her last known address or served personally upon Respondent. 1) The decision of the Board Hearing Panel revoking, suspending, or otherwise disciplining Respondent's license shall become reportable immediately after the Executive Director signs the Final Order. 2) The decision of the Board Hearing Panel revoking, suspending, or otherwise disciplining Respondent's license shall become final thirty (30) days after the Executive Director signs the Final Order of the Board Panel unless within said

period the Respondent appeals the decision to the Full Membership of the Board as provided by Rule 1.10. 3) Appeals do not stay the discipline ordered by the Board of Nursing. I. In compliance with Mississippi Public Records Act of 1983, all action by the Board Hearing Panel is public. In compliance with 45 CFR Part 60, and the Social Security Act Section 1128E and Section 1921, all disciplinary action by the Board Hearing Panel is reportable.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.9 Appeal of Administrative Denial

A. The procedural requirements enumerated in Rules 1.1 through 1.11 shall also apply to an appeal of an Administrative Denial of Licensure put forth by any applicant for licensure as a RN, LPN, or APRN. B. Any applicant who wishes to appeal an Administrative Denial of Licensure shall deliver a Notice of Appeal of Administrative Denial to the Board either personally at or via certified mail to the Board’s office. The applicant must file his or her Notice of Appeal of Administrative Denial in writing along with a fifty-dollar ($50.00) appeal fee within thirty (30) days of notice of Board-ratification of the Administrative Denial. Payment must be made by Board-accepted electronic method. C. Any appeal of an Administrative Denial of Licensure will be set for hearing before a Board Hearing Panel at the next available hearing date on the Board’s calendar after the Board receives the applicant’s Notice of Appeal of Administrative Denial. D. Administrative Denial of Licensure appeal hearings before the Board shall be conducted in the following order: 1) Opening statements 2) Applicant’s case in chief 3) Complaint Counsel’s rebuttal 4) Closing statements E. Questioning of witnesses shall be conducted in the following order: 1) Direct examination 2) Cross examination 3) Redirect examination

F. The Hearing Officer shall have the authority to preside over the hearing, and direct post- hearing matters in accordance with the requirements of the case in a manner that ensures due process. G. In all Administrative Denial of Licensure appeal proceedings, the applicant has the burden of proof to show any and all evidence indicating why the Administrative Denial should be overturned. H. Application for a nursing license or privilege to practice that has been denied may be made twelve (12) months from the effective date the denial becomes final. The Final Order denying the license may include stipulations that must be complied with before an application for a nursing license or privilege will be reviewed.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.10 Appeal of Board Hearing Panel Decision to Full Membership of the Board

Appeals from any decision of a Board Hearing Panel shall be made to the Full Membership of the Board, pursuant to Miss. Code Ann. Section 73-15-31, except as set forth in Miss. Code Ann. Sections 93-11-153, 93-11-163, and 37-101-291.

A. Procedures for Appeal of Board Hearing Panel Decision: 1) Any Respondent who appeals a decision of the Board Hearing Panel must file his or her Notice of Appeal of the Board Hearing Panel’s decision in writing along with a fifty-dollar ($50.00) appeal fee within thirty (30) days after notice of the action of the Board Hearing Panel denying, revoking, suspending, or refusing to renew the license, or revoking or suspending the privilege to practice, fining or otherwise disciplining the person. Payment must be made by Board- accepted electronic method. 2) Notice of the Hearing Panel’s decision occurs on the date the order of the Board Hearing Panel is mailed via certified mail to or personally served upon the Respondent. B. Appeal Hearing submitted to the Full Membership of the Board. 1) Appeals of a decision of the Board Hearing Panel shall be reviewed before at least a quorum of the Full Membership of the Board – seven (7) members of the Board, including at least three (3) RNs and two (2) LPNs. 2) Appeals before the Full Membership of the Board shall be limited to the record of the hearing before the Board Hearing Panel. The Full Membership of the Board shall not retry the appealed case and shall not consider new evidence, testimony or witnesses.

3. Board members who participated in the Board Hearing Panel shall recuse themselves from participation in the appeal of that matter.

C. Board Decision. 1) Although the Full Membership of the Board’s decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, but no later than forty-five (45) days after the appeal has been reviewed by the Full Board. A copy of such order shall be sent to Respondent/Appellant via certified mail at his or her last known address or served personally upon Respondent. 2) The decision of the Full Membership of the Board revoking, suspending, or otherwise disciplining Respondent shall become final thirty (30) days after signed by the Executive Director. Final orders of the full membership of the Board may be appealed to the Chancery Court as provided by law. Notice of the decision of the Full Membership of the Board occurs on the date the order of the Full Membership of the Board is mailed via certified mail to the address listed by the Respondent/Appellant in his or her gateway or personally served upon the Respondent/Appellant.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.11 Appeal of Decision of Full Membership of the Board

An appeal from a decision of the Full Membership of the Board revoking, suspending, or otherwise disciplining Respondent/Appellant be in accordance with Miss. Code Ann. Section 73-15-31 (10) and local Chancery Court Rules in the county in which Respondent/Appellant resides.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2825, R. 1.12 Application for Restoration of License/Privilege

A. The nurse whose Mississippi nursing license or privilege to practice has been revoked, surrendered, or suspended may petition the Board for restoration of said license or privilege. 1) Application for restoration of a revoked, surrendered, or suspended Mississippi nursing license or privilege to practice may be made twelve (12) months from the effective date of revocation, surrender, suspension, or previous denial of application for restoration, unless otherwise stipulated by Order of the Board. 2) An application for restoration shall be made in writing and on forms prescribed

by the Board. 3) A restoration applicant shall submit five (5) supporting affidavits in writing on a form prescribed by the Board. At least three (3) of the supporting affidavits shall be by licensees in good standing of the same profession. 4) A restoration applicant shall complete and submit all information requested on the Board’s prescribed forms, along with all information required by these rules. 5) The Board may not consider incomplete applications. 6) The procedure for the restoration of a license that is suspended for being out of compliance with an order for support, as defined in Miss. Code Ann. Section 93- 11-153, shall be governed by Miss. Code Ann. Section 93-11-157 or 93-11-163, as the case may be. 7) The procedure for the restoration of a license that is revoked for failure to meet the terms of an educational loan contract shall be governed by Miss. Code Ann. Section 37-101-291. B. Board investigation into the application for restoration shall require the restoration applicant to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. 1) Each restoration applicant shall submit a full set of petitioner’s fingerprints in a form and manner as prescribed by the Board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose. 2) The Board shall provide to the Mississippi Department of Public Safety the fingerprints of the petitioner, any additional information that may be required by the Department, and a form signed by petitioner consenting to the check of criminal records and to use of fingerprints and other identifying information required by state or national repositories. 3) Any and all state or national criminal history records information obtained by the Board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the Board, its members, officers, investigators, agents and attorneys in evaluating the petitioner's eligibility or disqualification for licensure and shall be exempt from the Mississippi Public Records Act of 1983. 4) Except when introduced into evidence in a hearing before the Board to determine licensure, no such information or records related thereto shall, except with written consent of the restoration applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the Board to any other person or agency.

5. The Board shall charge and collect from the restoration applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining state and national criminal history records information on petitioner. C. Upon confirmation by the Board of receipt of all required materials for application of restoration, the restoration applicant may request a hearing before the Board Hearing Panel for determination on the application for restoration. 1) The Board Hearing Panel may hear the application at the next available Board Hearing date. The Board shall notify the applicant for restoration of the time and place for the hearing. 2) Applications for restoration may not be considered while the restoration applicant is under sentence or agreed disposition for any felony conviction or guilty plea to a felony charge, regardless if entered or withheld by the court. 3) Applications for restoration may not be considered while the restoration applicant is under any disciplinary order or other conditions of licensure by any other licensure board. D. Restoration Hearing 1) Restoration hearings are conducted pursuant to Miss. Code Ann. Section 73-15- 31 before a Board Hearing Panel that consists of three (3) Board members, an alternate Board member, and a representative of the Mississippi Attorney General’s Office who serves as the Hearing Officer for each hearing. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Board. 2) Restoration hearings before the Board shall be conducted in the following order: (a) Opening statements (b) Restoration applicant’s case in chief (c) Complaint Counsel’s rebuttal (d) Closing statements 3) Questioning of witnesses shall be conducted in the following order: (a) Direct examination (b) Cross examination (c) Redirect examination 4) The Hearing Officer shall have the authority to preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process.

6. In all restoration proceedings, the restoration applicant has the burden of proof to show any and all evidence indicating why the restoration applicant’s license or privilege should be restored. 6) In considering restoration of a revoked, surrendered, or suspended license, the Board Hearing Panel may evaluate factors that include, but are not limited to: (a) Severity of the act(s) that resulted in revocation, surrender, or suspension of license; (b) Conduct of the restoration applicant subsequent to the revocation, surrender, or suspension of license; (c) Compliance with all restoration requirements;

(d) Whether petitioner is in violation of any applicable statute, Board Order, or rule or regulation of the Board; (e) Evidence of the restoration applicant’s rehabilitation efforts; (f) Evidence of the restoration applicant’s nursing competency; (g) Evidence of the restoration applicant’s ability to safely practice nursing. E. The Board Hearing Panel may take the following action regarding an applicant for restoration: 1) Grant restoration of a Mississippi nursing license or privilege to practice; 2) Grant restoration of a Mississippi nursing license or privilege to practice with conditions; 3) Deny restoration of a Mississippi nursing license or privilege to practice; 4) Deny restoration of a Mississippi nursing license or privilege to practice and provide recommended stipulations. 5) In such cases in which the nursing license or privilege was revoked or denied due to drug/substance abuse, misuse, or appropriation, twelve (12) months of drug testing is required before restoration of the nursing license or privilege will be considered. F. The Board Hearing Panel shall render its Order, setting forth Findings of Fact and Conclusions of Law. Although the Board Hearing Panel’s decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, not to exceed forty-five (45) days after the hearing. A copy of such order shall be sent to Respondent via certified mail at his or her last known address or served personally upon Respondent. The decision of the Board Hearing Panel granting, granting with conditions, denying, or denying with recommendations the

restoration applicant’s license shall become final thirty (30) days after the Executive Director signs the Final Order of the Board Panel unless within said period the Respondent appeals the decision to the Full Membership of the Board as provided by Rule 1.10.

Part 2826 MISSISSIPPI NURSE VOLUNTARY PROGRAM [MnVP]

30 Miss. Admin. Code Pt. 2826, R. 1.1 Definitions

For Part 2826 only, the following terms have the meanings indicated: A. Alternative Program: A confidential and non-disciplinary program for eligible nurse applicants designed to promote early identification of substance use/abuse and/or mental health issues; removal from nursing practice and entry into treatment; and for monitoring of compliance upon re-entry into nursing practice. B. Assessment: A formal substance use/abuse evaluation conducted by a Board-approved licensed provider who is certified and/or credentialed in substance use disorders/abuse to render a diagnosis, course of treatment, prescribe recommended treatment, prognosis and professional opinion as to whether or not the nurse applicant is capable of practicing nursing with reasonable skill and safety to patients. The evaluation may include a complete physical and psychosocial assessment performed by a Board-approved licensed or certified medical, mental health or psychological specialist. C. Board/ MSBN: Mississippi Board of Nursing. D. Computation of Time: Unless indicated otherwise, when the period is stated in days or a longer unit of time: 1) Exclude the day of the event that triggers the period; 2) Count every day, including intermediate Saturdays, Sundays and legal holidays; and 3) Include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday as set forth in Mississippi state statute, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday. E. Drug and Alcohol Screens: Periodic unannounced screens that will test for drugs abused by submission of nurse applicant’s blood, urine, body fluid testing, hair testing, saliva or any other valid and reliable method of testing. F. Eligibility Committee: Committee composed of MnVP staff, Board Member(s) and/or treatment provider(s). G. Employer Reports: Reports required from employer demonstrating nurse applicant’s work performance. H. Medication Verification Form: A form required from healthcare provider disclosing any medications currently taking. I. MnVP: Mississippi Nurse Voluntary Program. J. Nurse Applicant: A nurse who is eligible to apply to or has been accepted into MnVP. K. Employer Acknowledgement Agreement: A required agreement between the nurse applicant and Supervisor incorporated within nurse applicant’s MnVP monitoring agreement.

L. Self-Reports: A report completed by the nurse applicant detailing the nurse applicant’s symptoms, behaviors, beliefs and/or attitudes of continued sobriety and recovery recommendations. M. Supervisor: Employer or Employer designee. N. PEER Support Meetings: Meetings that require a minimum attendance of three (3) meetings a week to support a nurse applicant’s continued sobriety and compliance with recovery and/or treatment recommendations. O. Treatment Program: The treatment program shall be a Board-approved substance use disorder/mental health/physical treatment program. Participant shall cause the treatment program to submit to the Board proof of participant’s entry into a primary intensive alcohol/drug and/or mental health treatment program in accordance with the recommendations made during the evaluation process which may include inpatient treatment, outpatient treatment, halfway house, residential long-term treatment and/or a combination thereof. Participant shall also cause the program to provide the Board with documentation concerning participant’s successful completion of the program, readiness to return to the safe practice of nursing, and recommendations and arrangements for appropriate follow-up. Should participant, for any reason, fail to comply with this stipulation, such shall be grounds for discharge from MnVP and disciplinary action. Participant shall not be employed as a nurse until completion of the primary phase of the treatment program, and the treatment team supports participant’s return to nursing practice.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.2 Functions and Responsibilities

The MnVP shall have the following functions and responsibilities: A. Protect the public while monitoring the nurse to assure safe practice. B. Encourage early identification of substance use/abuse and/or mental health issues, entry into treatment and entry into a monitoring agreement into the MnVP for monitoring of compliance with treatment and practice monitoring. C. Identify, respond to and report noncompliance to the MSBN in a timely manner. D. Facilitate nurse applicants to enter and maintain an ongoing recovery consistent with patient safety and the overall health and wellbeing of nurses. E. Be transparent and accountable to the public by providing non-confidential information about the MnVP to the public, which includes: 1) Policies and procedures of the program. 2) Annual reports, audits and aggregate data. 3) Educational materials and other resources. 4) Conferences and continuing education offerings. F. All nurse applicants in the MnVP may be reported as required by state and federal laws to a non-public national database that gives access to all states.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.3 Eligibility Criteria

An individual may be admitted to the MnVP if the individual meets the following eligibility criteria: A. Is an APRN, RN, or LPN in the State of Mississippi in good standing or is eligible for a license in the State of Mississippi. B. Requests admission in writing. C. Admits to substance use disorder in writing. D. Admission into the MnVP shall be determined by the eligibility committee, MnVP staff, and/or the treatment provider. A Nurse Applicant’s request for admission to the program may be denied if the Nurse Applicant’s participation in the program is determined to pose significant risk for the health care consumer as determined by the eligibility committee and/or the treatment provider. E. Admission to the program shall be denied if the nurse applicant: 1) Has diverted controlled substances for other than self-administration. 2) Has caused known provable harm to patients; 3) Has engaged in behavior that has high potential to cause patient harm; 4) Is not eligible for licensure in the State of Mississippi; or 5) Has participated in a disciplinary or alternative program within the past five (5) years. F. Admission to the MnVP may be additionally denied if the nurse applicant: 1) Has a history of past disciplinary action in any state that is not related to substance use and resulted in probation, revocation or suspension of licensure; 2) Has any pending criminal action or a prior felony; 3) Has had incidents that may have caused harm, abuse or neglect to patients; or 4) For other circumstances in which the MnVP cannot provide monitoring.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.4 Screening and Assessment

A. An individual seeking admission into the MnVP shall initially be screened by MnVP staff to determine the individual’s motivations for entering the alternative program, whether the individual meets admission requirements, and whether the individual is willing to participate. B. The individual seeking admission shall submit to a chemical dependency evaluation and ensure said evaluation is provided to MnVP staff. The chemical dependency evaluation may include a complete physical and psychosocial assessment performed by a Board- approved licensed or certified medical, mental health or psychological specialist.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.5 Monitoring Agreements

A. The MnVP shall have a written monitoring agreement which the nurse applicant must voluntarily sign upon entering the program. Each monitoring agreement shall bear the signature of the nurse applicant participating in the MnVP and the MnVP manager or the designated MnVP representative. B. The monitoring agreement shall address the following areas: 1) The voluntary and non-disciplinary nature of the program. 2) The program records that are non-public and have necessary exceptions for disclosure such as to the MSBN members, other state boards and other states’ alternative programs regarding the nurse applicant’s participation in said alternative program. 3) The dates of the nurse applicant’s participation and the expected length of participation. 4) The requirements of drug and alcohol screens, peer support groups, therapeutic meeting attendance and self and supervisory reports. 5) The requirements for work-site monitoring upon return to work. 6) The consequences of relapse and noncompliance with the MnVP monitoring agreement, including dismissal from the MnVP or referral to the MSBN for disciplinary action for noncompliance. 7) The parameters for referral to the MSBN, including the non-public records of program participation that are shared with the MSBN. 8) Definitions of relevant terms such as relapse. 9) Appropriate waivers and releases. 10) The period of monitoring, which shall be two to five years. C. The monitoring agreement shall provide that the nurse applicant must: 1) Abstain from all alcohol and alcohol-containing products; 2) Abstain from drug use, including over-the-counter medications and otherwise mood-altering substances as indicated within the MnVP participant handbook unless lawfully prescribed with prior approval of the MnVP; 3) Submit to a current evaluation of co-occurring conditions such as psychiatric or medical disorders as indicated; 4) Maintain current state nursing licensure, including meeting any continued competence or continuing education requirements; and 5) Cease nursing practice until or unless approved to continue or return to practice by the treatment professional and the MnVP. D. The Nurse Applicant shall execute any releases that MnVP determines necessary to sign for monitoring and consents to information exchange between: 1) Employer and the MnVP staff. 2) Healthcare providers and the MnVP staff. 3) The MnVP staff and MSBN.

4. Treatment professionals and the MnVP staff. 5) Other state boards and alternative programs. E. The monitoring agreement shall also provide that the nurse applicant agrees to: 1) Enter treatment and participate in all treatment recommendations. 2) Provide counselors with the necessary forms to complete and give back to the MnVP. 3) Undergo any additional evaluation as requested by the MnVP or treatment provider, including completing substance disorder, dependency or mental health assessment, treatment, continuing care and aftercare. F. Monitoring requirements for nurses with mental illness only agreements will be determined on an individualized basis depending upon the needs of each particular nurse.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.6 Recovery Monitoring Requirements

The nurse applicant must: A. Attend three (3) peer support meetings per week and submit documentation to the MnVP at least monthly. B. Maintain an active and consistent relationship with a sponsor. All active sponsorships require quarterly reports be submitted to MnVP. C. Select and provide the contact information for one pharmacy for prescription needs, one health care provider for health care needs and one dentist for dental needs to the MnVP. D. Report all medications including prescriptions for mood-altering drugs as well as over- the-counter medications within 24 hours to the MnVP staff and prior to returning to nursing practice. E. Notify any and all health care providers of substance use/ abuse history (including MnVP participation) prior to receiving any prescription. F. Ensure MnVP receives a written statement from the prescribing provider that confirms the provider’s awareness of the nurse applicant’s history of substance use/abuse and the nurse applicant’s responsibility to confirm any prescription within 24 hours of prescribing. G. Initially and quarterly, have providers complete and submit the MnVP medication verification form or submit as otherwise indicated in the MnVP monitoring agreement. H. Provide written self-reports to MnVP as specified by the MnVP agreement, at least quarterly. I. Submit to random drug and alcohol testing at a minimum of two (2) to three (3) times per month for the first 12 months of participating in the MnVP. Drug and alcohol testing may then be gradually reduced in frequency. Upon return to nursing practice, drug screenings must increase for the first 12 months of clinical practice. Drug and alcohol testing may include body fluid testing, hair testing, saliva or any other valid and reliable methods of testing.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.7 Practice Requirements and Limitations

A. The nurse applicant shall limit nursing practice to the State of Mississippi. Permission to work in any other state requires written approval from the MnVP and from the Board of Nursing in the other state where additional licensure is being sought. B. If licensed in another state or seeking licensure in another state, the nurse applicant shall authorize the MnVP to release nurse applicant information to any other state of licensure or where seeking application for licensure. C. The nurse applicant shall maintain employment as provided in the MnVP monitoring agreement in order to be eligible for successful discharge from the MnVP. D. The nurse applicant shall notify and obtain approval from the MnVP of any health care related position or job change prior to making the change or relocating. E. The nurse applicant shall abide by return-to-work restrictions and requirements. F. The nurse applicant shall abide by all policies, procedures and contracts of employer. G. The nurse applicant shall inform all employers or schools of participation in the MnVP and provide a copy of the monitoring agreement, stipulations and/or final orders from the MSBN to any prospective or current nursing position employers. The nurse applicant must ensure written verification is received by the MnVP staff of said notification. H. The nurse applicant shall ensure that the supervisor at the place of employment is given a copy of the MnVP monitoring agreement and any other necessary forms. I. The nurse applicant shall ensure that the MnVP receives the employer acknowledgment agreement form signed by the nurse’s direct supervisor at the place of employment prior to beginning a new or resuming an existing position. J. The nurse applicant shall schedule at least monthly check-in meetings with the supervisor at the place of employment for the purpose of addressing any concerns of either party. Documentation of such meetings shall be available to the MnVP staff if requested. K. The nurse applicant shall notify the MnVP staff within forty-eight (48) hours of any change in supervisor or employment. L. Any exceptions to work restrictions may be approved in writing by the MnVP staff. Approval must be obtained from the MnVP staff prior to any position acceptance, job responsibility change, or other related employment activity. M. The nurse applicant shall discontinue access to and administration of controlled substances or any potentially addictive medications for a minimum of six months of returning to work, unless otherwise specified.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.8 Program Notification Requirements

A. The monitoring agreement shall provide that the nurse applicant shall: 1) Notify the MnVP staff within forty-eight (48) hours if nurse applicant has a disciplinary meeting or employment counseling with employer. 2) Notify the MnVP staff within forty-eight (48) hours of any changes in residency, contact information and for any termination or resignation from employment. 3) Report within twenty-four (24) hours any crimes committed, criminal arrests,

citations, or deferred sentences and conviction including a conviction following a plea of nolo contendere. 4) Notify the MnVP staff if a known complaint is filed with the MSBN against the license of the nurse applicant. 5) Report all alcohol or unauthorized substance use regardless of amount or route of administration. 6) Obtain a re-assessment by a MnVP approved licensed addiction counselor in the event of relapse or suspected relapse. 7) Abide by further recommendations in the event of a relapse or suspected relapse as deemed clinically appropriate. 8) Appear for all routinely scheduled meetings and any additional meetings with reasonable notice given by the MnVP staff unless excused. 9) Inform the MnVP staff verbally and in writing of a pending absence out of the state of Mississippi within five (5) working days. 10) Pay all fees and costs associated with being in the MnVP. B. By signing the MnVP monitoring agreement the nurse applicant agrees to the following: 1) The nurse applicant has had or is having problems with substance use or have a substance use disorder and/or has a mental health issue. 2) The nurse applicant has violated the Nurse Practice Law and/or Administrative Code and that any violation of the MnVP monitoring agreement is further grounds for referral to the MSBN. 3) Entry into the MnVP is voluntary, there was an opportunity to seek advice of legal counsel or personal representative and there was opportunity to clarify any terms or conditions that were not understood. 4) The nurse applicant has read and will abide by the terms and conditions of the MnVP monitoring agreement as well as any new policies or procedures received in writing throughout participation in the MnVP. C. By signing the MnVP monitoring agreement, the nurse applicant waives all rights to appeal, grievances, complaints or otherwise contest licensure actions arising out of the MnVP participation, and the right to contest the imposition of discipline arising from a breach of the MnVP monitoring agreement. D. The identity of nurse applicants and the terms of the monitoring agreement are non-public but may be shared with parties who have an official need to know such as state MSBN members and staff, other state boards, other state’s alternative programs and the employers of nurse applicants. E. The nurse applicant shall give the supervisor a copy of the monitoring agreement and any other necessary forms prior to beginning a new or resuming an existing position and agrees to notify the program immediately of any change in supervision. Failure to comply will result in an immediate cease and desist of all work-related activities from the MnVP. F. Any noncompliance with the monitoring agreement or unsuccessful termination from the program is unprofessional conduct and is in violation of the rules and laws regarding the practice of nursing and may be used to support any future disciplinary actions. G. Any violation of a single part or parts of the monitoring agreement by the nurse applicant, unless otherwise declared by the MnVP, does not invalidate the remaining parts of the agreement. H. Any unauthorized missed drug or alcohol testing, unless otherwise declared by the MnVP,

will be considered non-compliance with the program. I. Any confirmed positive drug screen may be considered noncompliance if the MnVP has not received the proper documentation from the prescribing practitioner as required by 1.6(C). J. Any confirmed positive drug screen for which the MnVP has not received prior written authorization and confirmation from an approved provider and any drug screen that is confirmed as an adulterated or substituted specimen shall result in the nurse applicant ceasing nursing practice until further evaluation and notification to the nurse applicant’s employer. Under such circumstances, receipt of written authorization to return to practice from the MnVP will be required. K. Any non-compliance with the terms of the monitoring agreement, including, but not limited to noncompliance with drug and alcohol testing, will result in an increased level of testing, a report to the MSBN while nurse applicant remains in monitoring, and the nurse applicant may be discharged from the MnVP. L. Any non-compliance with any of the terms of the MnVP monitoring agreement in any respect may require the nurse applicant to cease practice, notify the nurse applicant’s supervisor and may result in the length and terms of the agreement being extended and modified. M. If discharged from the MnVP for non-compliance or referred to the MSBN for non- compliance, the MSBN may use any misconduct that may have occurred while enrolled in the MnVP in subsequent disciplinary proceedings, and the MSBN may obtain complete records of participation in the MnVP. N. The monitoring agreement does not preclude the MnVP staff from initiating or taking appropriate action regarding any other misconduct not covered by the MnVP agreement. Such misconduct will include reporting the offense to the MSBN for appropriate action.

History

• Source: Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.9 Standards for Treatment Programs

A. Treatment programs that meet the standards set forth in this rule shall be approved by the MnVP staff for use by nurse applicants. B. The minimum standards for approved treatment providers include: 1) Licensure by the state of Mississippi. 2) A geographically convenient location for treatment. 3) Family involvement in the treatment where clinically recommended. 4) Encouragement of peer support. 5) Requirement of frequent random and for-cause drug screening with positive results immediately reported to the MnVP staff. 6) Development of an individualized initial treatment plan to meet the specific needs of the nurse applicant, based on a Board approved evaluation. 7) Providing information to the MnVP staff on the status of referred patients after appropriate consents to release information are obtained including immediate reports on significant events that occur in treatment that are related to the nurse applicant’s ability to practice safely. Information that needs to be communicated

includes assessments, diagnosis, prognosis, discharge summary, follow-up recommendations and compliance with treatment.

Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.10 Return to Work

A. Upon entry into the MnVP, the nurse applicant agrees to cease the practice of nursing until the employer acknowledgment form is approved by MnVP staff. B. In order to ensure patient safety, the nurse applicant’s practice must be monitored through the following: 1) The nurse applicant’s supervisor must be identified in the nurse applicant’s employer acknowledgment form. 2) Supervisors shall be licensed in the state of Mississippi, shall not have an encumbered license, shall not be a current nurse applicant in any alternative program and shall avoid any conflicts of interest that could impede the ability to objectively monitor the nurse. 3) Supervisors who are approved by the MnVP and who have assumed responsibility for overseeing the nurse applicant’s practice must be available to intervene if there is a concern or an incident involving the nurse applicant. 4) Supervisors must be knowledgeable of the nurse applicant’s nursing role and the nurse applicant’s participation in the MnVP including having knowledge of the nurse’s monitoring agreement and any associated practice restrictions. 5) Supervisors must provide to the MnVP staff regular and as-needed reports on the nurse applicant’s ability to practice safely. 6) Supervisors and MnVP staff must have continuous and ongoing communication to ensure the nurse applicant’s compliance with the agreement and workplace policies and procedures. 7) There shall be periodic face-to-face visits with the nurse applicant and supervisor. 8) Nurse employers must make reasonable accommodations for nurses with a substance use disorder under the Americans with Disabilities Act of 1990. 9) Supervisors shall have the authority to request a for-cause specimen for drug testing when warranted or when requested by the MnVP. C. Unless otherwise approved by the MnVP, the nurse applicant is prohibited from the following for a minimum of twelve (12) months: 1) Practice without supervision. 2) Practice in a home health or hospice type of setting; travel, registry or agency; or other unsupervised nursing position. D. If relapse, diversion or other violations of work-related requirements occur, the MnVP will require the nurse applicant to immediately cease practice and the MnVP staff will notify the nurse applicant’s employer and the MSBN. E. The MnVP staff will continue to monitor the nurse applicant even after referring the nurse applicant to the MSBN until the MSBN can begin monitoring or pending board action.

Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.11 Program Completion

A nurse applicant successfully completes the MnVP when the MnVP staff finds the nurse applicant has complied with all terms and conditions of the program as specified in Part 2826.

Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

30 Miss. Admin. Code Pt. 2826, R. 1.12 Termination from the MnVP

Participation in the MnVP may be terminated for any of the following reasons: A. The nurse applicant fails to comply with any of the terms and conditions of the program specified in Part 2826. B. The nurse applicant fails to comply with any provision of the nurse applicant’s monitoring agreement with MnVP and/or employer agreement. C. The nurse applicant is unable to practice according to acceptable and prevailing standards of safe care. D. The program receives information that indicates that the nurse applicant may have committed additional violations on the grounds for disciplinary action or the provisions of Part 2826 as prescribed by the Mississippi Nursing Practice Law and/or the Mississippi Administrative Code. E. The nurse applicant receives a criminal conviction.

Miss. Code Ann. §§ 73-15-17, 73-15-29 (2)(5) (1972, as amended).

Part 2830 Practice of Nursing

30 Miss. Admin. Code Pt. 2830, R. 1.2 Accountability for Quality of Nursing Care

The RN shall be held accountable for the quality of nursing care given to patients. This includes: A. Providing for nursing leadership in the planning for and provision of nursing care to patients for whom responsibility has been accepted. B. Giving individualized nursing care and respecting the rights of the patient according to the needs or assigning these functions to others in accordance with the educational preparedness, experience, credentials, competence, physical and emotional ability to complete the task of the staff. Respecting the rights of the patient includes but is not limited to: 1) Conducting practice without discrimination on the basis of age, race, religion, sex, sexual preference, national origin, disability or disease; 2) Respecting the dignity and rights of patients regardless of social or economic status, personal attributes or nature of health problems; 3) Respecting the patient's right to privacy by protecting confidential information unless obligated by law to disclose the information; 4) Respecting the rights of patients by protecting the patient from abuse, inflicted by self or others, neglect, or exploitation; and 5) Respecting the property of patients, family, significant others, and the employer. C. Directing, supervising and evaluating nursing practice; applying nursing knowledge, administrative techniques and teaching principles toward the ultimate goal, excellence in patient care and promotion of good health practices. D. Providing professional development of nurses by: 1) Identifying the ability and potential of each nurse and 2) Developing each nurse through proper supervision, management, and training. E. Obtaining instruction and supervision as necessary when implementing nursing techniques or practices.

F. Conducting a comprehensive nursing assessment by assessing the patient's needs, initially and ongoing; formulating a nursing diagnosis; planning for, implementing, and evaluating the nursing care in the promotion and the maintenance of health of each patient for whom responsibility has been accepted. G. Organizing, administering, and supervising the implementation and evaluation of a written nursing care plan for each patient for whom responsibility has been accepted.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 1.3 Supervision and Delegation

The RN shall be held accountable for the quality of nursing care given by self or others being supervised. The registered nurse: A. May: 1) Assign specific nursing duties and/or patient treatments to other qualified personnel based on educational preparation, experience, knowledge, credentials, competency, and physical and emotional ability to perform the duties. 2) Assign duties of administration of patient medications to other licensed nurses only (either a RN or LPN), except as set out in Mississippi Board of Nursing Administrative Code, Part 2860. B. Shall: 1) Appraise the care given by the licensed nursing staff and auxiliary workers under the licensee's direction and shall give guidance and assistance as needed. 2) Be responsible for the clinical nursing record which reflects the patient's nursing care and progress. The nurse may delegate the recording of care given and the observations made to assistants who rendered the service.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 1.4 Communication

The RN shall be responsible and accountable for communicating patient response to nursing interventions to other members of the health team.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 1.5 Functions of RNFA

The RN may function in the role of Registered Nurse First Assistant (RNFA) according to the position statement adopted by the Association of perioperative Registered Nurses (AORN).

30 Miss. Admin. Code Pt. 2830, R. 1.6 Use of Title

The title RNFA shall only be used by persons prepared and educated according to the AORN’s requirements for RNFAs.

30 Miss. Admin. Code Pt. 2830, R. 1.7 RNFA program requirements

A. The RNFA program should be equivalent to one academic year of formal, post-basic nursing study; consist of curricula that address all of the modules in the Core Curriculum for the RN First Assistant; and award college credits and degrees or certificates of RNFA status upon satisfactory completion of all requirements. B. The RNFA program should be associated with a school of nursing at universities or colleges that are accredited for higher education by an accrediting agency that is nationally recognized by the Secretary of the U.S. Department of Education.

30 Miss. Admin. Code Pt. 2830, R. 1.8 Licensure Requirements

In order to function as a RNFA, the RN must:

A. Be currently licensed as a RN in Mississippi or be currently licensed to practice under the Nurse Licensure Compact with a multistate licensure privilege to practice in Mississippi, and B. Submit official written evidence of additional preparation acquired through completion of an RNFA program that meets the "AORN standards for RN first assistant education programs" and is accepted by Competency and Credentialing Institute (CCI).

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 2 Functions of the Licensed Practical Nurse Rule 2.1 LPN Supervision. The LPN gives nursing care, which does not require the specialized skill, judgment, and knowledge required of a RN, under the direction of the RN, advanced practice registered nurse (APRN), licensed physician or licensed dentist. The LPN shall not be supervised by unlicensed personnel.

30 Miss. Admin. Code Pt. 2830, R. 2.2 Responsibility

The LPN shall be responsible and accountable for: A. Knowledge of and compliance with the laws and regulations governing the practice of nursing in the State of Mississippi. B. Practicing within the scope of practice as established by the Board and according to generally accepted standards of practice. C. Accepting responsibility for individual nursing actions, competence, decisions and behavior in the course of nursing practice.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 2.3 Provision of Care

The LPN performs the following functions in any area of the health care setting: Assist the RN in the planning, implementation, and evaluation of nursing care by: A. Respecting the rights of the patient which includes but is not limited to: 1) Conducting practice without discrimination on the basis of age, race, religion, sex, sexual preference, national origin, disability or disease; 2) Respecting the dignity and rights of patients regardless of social or economic status, personal attributes or nature of health problems; 3) Respecting the patient's right to privacy by protecting confidential information unless obligated by law to disclose the information; 4) Respecting the rights of patients by protecting the patient from abuse, inflicted by self or others, neglect, or exploitation; and 5) Respecting the property of patients, family, significant others, and the employer. B. Providing for the emotional and physical comfort of patients. C. Observing, recording, and reporting to the appropriate person the signs and symptoms which may be indicative of change in the patient's condition and/or responses to nursing interventions. D. Conducting focused nursing assessments, which is an appraisal of the patient’s status and situation at hand that contributes to ongoing data collection and the comprehensive assessment by the RN. E. Performing nursing procedures and activities for which the LPN has the necessary degree of knowledge, skill and judgment. F. Assisting with the rehabilitation of patients according to the patient's care plan.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 2.4 Scope of Practice - IV Therapy

A. The LPN performing IV therapy must have successfully completed education and training provided by an IV therapy integrated accredited nursing program or Boardapproved IV therapy course. B. Evidence of education and training must be documented via official transcript and accessible for audit purposes. C. The LPN who endorses a license and has successfully completed an IV therapy training program through an IV therapy integrated accredited nursing program in another jurisdiction must complete a Board-approved IV therapy delineation course before performing acts of IV therapy. D. The LPN who has received the appropriate education and training may perform the following acts of IV therapy without an additional Board certification: 1) Maintain patency of a peripheral intermittent vascular access device using a nontherapeutic dose of a flush solution. 2) Maintain the peripherally inserted central catheter and central venous infusion of Board-approved IV fluids by checking the flow rate and changing the site dressing.

3. Initiate the administration of Board-approved IV fluids and medications via a peripheral route. The peripheral route does not include midline, central venous catheters, midclavicular catheters, or peripherally inserted central catheters. E. Board-approved IV fluids and medications are as follows:

FLUID(S) AND/OR MEDICATION(S) RECOMMENDED DOSAGE LIMITATIONS

Sodium Chloride Solutions

NaCl 0.225% (1/4 NS) 20 ml to 150 ml per hour NaCl 0.45% (½ NS) 20 ml to 150 ml per hour NaCl 0.9% (NS) 20 ml to 150 ml per hour

Dextrose Solutions

dextrose in water 5% (D5W) 20 ml to 150 ml per hour

Solutions with a Combination of Dextrose and Sodium Chloride

5% dextrose and NaCl 0.225% (D5 1/4 NS) 20 ml to 150 ml per hour 5% dextrose and NaCl 0.45% (D5 ½ NS) 20 ml to 150 ml per hour 5% dextrose and NaCl 0.9% (D5 NS) 20 ml to 150 ml per hour

Electrolyte Solutions

5% dextrose and Lactated Ringer’s (D5LR) 20 ml to 150 ml per hour Lactated Ringer’s Or Ringer’s lactate (LR or RL) 20 ml to 150 ml per hour

Electrolyte Additives

Magnesium Sulfate mixed in 1000ml solution Maximum dose 2 grams to 5 grams per 1000 ml of fluid

Potassium Chloride mixed in 1000ml solution Maximum 40 mEq per 1000 ml of fluid

Vitamin Additives

Multivitamin additive (MVI or banana bag) for peripheral infusion only; not associated with total parenteral nutrition (TPN)

30 Miss. Admin. Code Pt. 2830, R. 20 ml to 150 ml per hour

Thiamine 200 mg to 500 mg daily

Anti-Infective Intravenous Piggyback Medication Classifications

Antibiotics Per pharmaceutical protocol Anti-Fungal Per pharmaceutical protocol Anti-Viral Per pharmaceutical protocol

Gastrointestinal Intravenous Piggyback Medication Classifications

Histamine type 2 receptor blockers Per pharmaceutical protocol Proton pump inhibitors Per pharmaceutical protocol Antiemetic Per pharmaceutical protocol

Medications approved in Hemodialysis setting only

Bisphophonate (Reclast) Per pharmaceutical protocol Erythropoietin Per pharmaceutical protocol Synthetic Vitamin D Per pharmaceutical protocol Heparin 1ml: 1000 units 0.9% Normal Saline (NS) Bolus for hypotensive episode Per pharmaceutical protocol

F. The LPN performing IV therapy may NOT:

1. Initiate, regulate, add or administer medications to or discontinue a central venous line; 2) Administer or add the following to a peripheral venous line: (a) IV push or bolus medications; (b) Intravenous piggyback medications other than those approved by the Board. (c) Parenteral nutritional agents other than vitamins; (d) Blood, blood components, plasma, plasma expanders; (e) Chemotherapeutic agents. 3) Perform any advanced acts of IV therapy listed in Part 2830, Chapter 2, Rule 2.4 D. with patients under two (2) years of age; 4) Perform any advanced acts of IV therapy listed in Part 2830, Chapter 2, Rule 2.4 D. with pediatric patients age two (2) years and older, unless: (a) The patient is on a dedicated unit for pediatric patients; and (b) A registered nurse is present on the pediatric patient care unit where IV therapy is being administered and is readily available to respond as needed. G. Unless otherwise specified in these regulations, the LPN may perform IV therapy if the supervisor is physically on the premises where the patient is having nursing care provided. The physician or dentist may provide supervision in the medical or dental office. In all other settings, supervision and delegation must be by a registered nurse. H. IV therapy as listed in Part 2830, Chapter 2, Rule 2.4 may not be performed by the LPN in the home setting.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 2.5 Scope of Practice - Hemodialysis

A. The LPN performing hemodialysis must have successfully completed education and training certified by the Mississippi State Department of Health and licensed as a dialysis unit, consisting of both theory and clinical for hemodialysis. B. The LPN that has never completed a hemodialysis training program through a licensed dialysis unit must receive education and training before being permitted to perform acts of hemodialysis. C. Evidence of education and training must be documented and accessible for audit purposes. D. The LPN who endorses a license and has successfully completed a hemodialysis training program through a licensed dialysis unit in another jurisdiction must complete a Board approved hemodialysis delineation course before performing acts of hemodialysis. E. The LPN who has received the appropriate education and training may perform the following acts of hemodialysis without an additional Board certification: 1) Initiate and discontinue hemodialysis via fistula needles in the peripheral fistula or graft; 2) Inject intradermal lidocaine in preparation for dialysis and access; 3) Initiate and discontinue hemodialysis via catheter; 4) Administer heparin intravenously, including:

(a) Draw up and administer heparin (1 ml:1000 units strength) for initial and continued administration; and (b) Loading and activating the constant infusion pump and/or intermittently injecting the prescribed dose. 5) Administer saline intravenously, including: (a) Administration of a saline bolus during a hypotensive episode (this must be in accordance with an agency protocol and with RN supervision and consultation); and (b) Administration and regulation of a normal saline solution for purpose of maintaining the fluid plan that is established by the RN; 6) Draw up and administer erythropoietin intravenously; and 7) Draw up and administer synthetic vitamin Ds intravenously. F. The LPN performing hemodialysis may function in this role and scope of practice only under the direct supervision of a registered nurse. G. The LPN performing hemodialysis may function in this role only in hemodialysis facilities which are certified by the Mississippi State Department of Health, Division of Licensure and Certification, or its successor agency. H. The LPN performing hemodialysis may NOT: 1) Administer or add the following except as specified in Part 2830, Chapter 2, Rule 2.5 E.: (a) IV medications; or (b) Blood, blood components, plasma, plasma expanders; or (c) Hypertonic solutions; or 2) Determine or regulate the dosage of heparin; or 3) Perform hemodialysis in the home setting.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 2.6 Charge Nurse

A. LPNs may assume "charge nurse" responsibilities in long-term units if RN supervision is available at all times for consultation. “Available” shall mean able and obligated to respond immediately to telephone calls from the facility and/or facility personnel. B. An LPN functioning as a "charge nurse" does not assume supervisory responsibilities over other nurses; rather, the LPN assumes additional administrative responsibilities. C. The LPN's scope of practice remains unchanged.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2830, R. 2.7 Shall Not Function in a Supervisory Capacity

The LPN shall not function in a supervisory capacity over other licensed nurses.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2840 Advanced Practice

30 Miss. Admin. Code Pt. 2840, R. 1.2 Certification, Renewal, Reinstatement, and Changes in Status

A. Initial State Certification. Prior to Board certification allowing the RN to practice as an APRN, the RN must:

1. Be currently licensed as a RN in Mississippi or currently licensed to practice as a registered nurse under the Nurse Licensure Compact with a multistate licensure privilege to practice in Mississippi. 2) Comply with criminal background checks and fingerprinting requirements in accordance with Miss. Code Ann. Section 73-15-19 (1). 3) Submit a completed Board application via the online license management system. 4) Pay the required nonrefundable application fee upon submission of an application to the Board. 5) Submit official transcript of graduation from: (a) An accredited master’s degree or higher program with a major in nursing, nurse anesthesia, or nurse midwifery. (b) An accredited educational program for APRNs if applicant graduated from an APRN program and was nationally certified as an APRN prior to December 31, 1993. 6) Submit official evidence of graduation from a master’s degree or higher accredited program in one of the four recognized advanced practice roles in which clinical experience has occurred. APRN applicants graduating from an APRN program after December 31, 1998, will be required to submit official evidence of graduation from a graduate program with a concentration in the applicant’s respective advanced practice nursing specialty. 7) Submit current national certification as an APRN in a designated area of practice by a national certification organization recognized by the Board. (a) The Board retains the right to refuse to recognize a national accreditation organization. (b) The Board shall state sufficient grounds for refusing to recognize a national accreditation organization. 8) An individual can obtain a State Certification without having a formal collaborative agreement; however, in order to begin practice, the formal collaborative agreement must be submitted to the Board. B. Renewal of State Certification. The APRN must: 1) Be currently licensed as a RN in Mississippi or currently licensed to practice as registered nurse under the Nurse Licensure Compact with a multistate licensure privilege to practice in Mississippi. 2) Submit a renewal application via the online license management system. 3) Pay the required nonrefundable application fee upon submission of application to the Board. 4) Submit an updated formal collaborative agreement(s). 5) Maintain documentation of current national certification as an APRN in a designated area of practice by a national certification organization recognized by the Board. In the case of a lapse in national certification, the APRN must notify the Mississippi Board of Nursing. The APRN must stop practicing immediately until such time as the national certification is renewed.

2. Maintain documentation of DEA Registration (if applicable). In case of a lapse in DEA Registration, the APRN must notify the Board immediately. The APRN must stop prescribing controlled substances until such time as the DEA Registration is renewed and has notified the Board of DEA Registration renewal. 7) An individual can obtain a State Certification without having a formal collaborative agreement; however, in order to begin practice, the formal collaborative agreement must be submitted to the Board. 8) Engage in continuing education activities that are designed to improve the knowledge, skill, and ability levels of the APRN. Achievement, maintenance, and renewal of a national certification in a designated area of practice by a national certification organization recognized by the Board shall satisfy this requirement. 9) Complete a minimum of five (5) contact hours of continuing education directly related to controlled substances per State Certification Period. This requirement applies to all APRNs, irrespective of controlled substance prescriptive authority. (a) The Board may conduct periodic audits to ensure compliance. Upon notification of an audit by the Board, the APRN shall submit to the Board any certificates, transcripts, or other documentation evidencing compliance with these rules, within ten (10) business days of receiving such notification. (b) Failure to comply with this rule may subject the APRN to disciplinary action or other administrative sanction. (c) APRNs graduating from an accredited master’s degree or higher APRN program within the last (2) years are exempt from this requirement for the first renewal of State Certification only. C. Reinstatement of lapsed State Certification. In order to reinstate a lapsed State Certification, the APRN applicant must: 1) Be currently licensed as a RN in Mississippi or currently licensed to practice as a registered nurse under the Nurse Licensure Compact with a multistate licensure privilege to practice in Mississippi. 2) Comply with criminal background checks and fingerprinting in accordance with Miss. Code Ann. Section 73-15-19 (1); and 3) Submit reinstatement application via the online license management system. 4) Pay the required nonrefundable application fee upon submission of application to the Board. 5) An individual can obtain a State Certification without having a formal collaborative agreement; however, in order to begin practice, the formal collaborative agreement must be submitted to the Board; and 6) Submit documentation of current national certification as an APRN in a designated area of practice by a national certification organization recognized by the Board; and

3. Submit documentation evidencing completion of a minimum of forty (40) contact hours of continuing education related to the advanced clinical practice of the APRN within the past two (2) years. (a) At least five (5) contact hours must be directly related to controlled substances. This requirement applies to all APRN reinstatement applicants, irrespective of controlled substance prescriptive authority. 8) Submit documentation of DEA Registration (if applicable). 9) In case of a lapse in DEA Registration, the APRN must notify the Board. The APRN must stop prescribing controlled substances until such time as the DEA Registration is renewed and has notified the Board of DEA Registration renewal. 10) Enroll in and utilize the Mississippi Prescription Monitoring Program (PMP). D. Changes in status. 1) Relationship with collaborating physician/dentist: The APRN shall notify the Board immediately regarding changes in the collaborative relationship with a licensed physician/dentist. (a) In the event the collaborative physician/dentist is unable to continue his or her role as collaborative physician/dentist, the APRN may be allowed to continue to practice for a 90-day grace period while the APRN attempts to secure a primary collaborative physician. The Mississippi State Board of Medical Licensure or its designee will serve as the APRN’s collaborative physician/dentist with the agreement of the Mississippi Board of Nursing. (b) If a collaborative physician/dentist has not been secured at the end of the 90-day grace period, an additional 90-day extension may be granted by mutual agreement of the executive committee of the Mississippi Board of Nursing and the executive committee of the Mississippi State Board of Medical Licensure. During this additional 90- day extension, the above described practice agreement will continue. 2) Practice site: Changes or additions regarding practice sites shall be submitted with a fee to the Board by the APRN on forms supplied by the Board. The APRN may not practice at a site prior to approval by the Board. 3) Formal collaborative agreement guidelines: Revisions of formal collaborative agreement(s) shall be submitted with a fee to the Board prior to implementation. E. Fees are nonrefundable.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.3 Monitored Practice Hours

A. The APRN may not practice at a site until the APRN has satisfied the monitored practice hours requirement. 1) Monitored practice hour means an hour practiced as an APRN with a qualifying provider. (a) A qualifying provider includes: 1. Licensed physician, 2. Licensed dentist, and/or 3. APRN who has a minimum of three (3) years active practice experience and similar educational preparation. (b) The qualifying provider must be of compatible practice with the APRN. 2) Persons with less than one (1) year (2,000 hours) of experience working as an RN prior to completion of an accredited APRN education program must complete two- thousand (2,000) monitored practice hours. 3) Persons with one (1) year (2,000 hours) or greater experience working as an RN prior to completion of an accredited APRN education program must complete one- thousand (1,000) monitored practice hours. 4) Clinical hours earned during an accredited APRN educational program may be applied to the monitored practice hour requirement, provided that national certification is obtained in the specialty area within two (2) years of the date of program completion. B. The APRN shall submit official evidence of completion of monitored practice hours to the Board within thirty (30) days of completion. C. The APRN that has a minimum of one (1) year active practice experience in another jurisdiction may be deemed to have satisfied this requirement.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.4 Practice Requirements

A. The APRN shall practice according to standards and guidelines of the national certification organization for which he or she is certified. B. The APRN shall practice according to the rules and regulations as established by the Mississippi Board of Nursing. C. The APRN shall practice in a collaborative relationship with a Mississippi licensed physician whose practice is compatible with that of the APRN. The APRN must be able to communicate reliably with a collaborating physician while practicing. CRNAs may also collaborate with licensed dentists. 1) The APRN shall submit required formal collaborative agreement(s) to the Board prior to beginning practice. D. Each APRN shall participate in a formal quality assurance/quality improvement (QA/QI) program which shall be maintained on site and shall be available for inspection by representatives of the Board.

1. The QA/QI program must be sufficient to provide a valid evaluation of the practice and be a valid basis for change, if any. 2) QA/QI shall encompass Board-approved components according to specific areas of practice which may be found at www.msbn.ms.gov. 3) The Advanced Practice committee will maintain review of these components and update as necessary. E. APRNs must hold a Board-approved National Certification to designate one's self as holding a subspecialty. This does not prevent an APRN without a subspecialty designation from practicing in a specialty or subspecialty area. F. APRNs shall enroll in and utilize the Mississippi Prescription Monitoring Program (MPMP).

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.5 Prescribing Controlled Substances and Medications by APRNs:

A. Scope. These regulations apply to all individuals authorized to practice as an APRN in the State of Mississippi. Pursuant to these regulations, authorized APRNs may prescribe Schedules II, III, IV, or V. Application for this privilege requires an additional fee. Additionally, an application must be submitted to the Drug Enforcement Administration (DEA). B. Prescription Guidelines - All Medications. 1) No APRN shall prescribe any medication without a good faith agreement subsequent to examination and medical indication thereof. (a) Every written prescription delivered to a patient or delivered to any other person on behalf of a patient, must be signed on the date of issuance by the APRN. Electronic prescription transmissions are allowed using standards established and approved by the United States Department of Health and Human Services - Agency for Healthcare Research and Quality (HHS- AHRQ). This does not prohibit the transmission of electronic prescriptions and telefaxed (but not emailed) prescriptions to the pharmacy of the patient’s choice. Electronic transcription that complies with federal DEA language is allowed. All prescriptions shall contain a designation indicating whether it shall be dispensed as written or whether substitution is permissible. (b) Every written prescription issued by an APRN should clearly state whether or not each medication should be refilled, and if so, the number of authorized refills and/or the duration of therapy. (c) Written prescriptions issued by an APRN, bearing more than one noncontrolled medication, shall clearly indicate the intended refill instructions for each medication.

(d) Any unused lines on a multi-line prescription blank shall be clearly voided by the issuing APRN. (e) An APRN shall not permit any prescription to be signed by any other person in the place of or on behalf of the APRN. (f) An APRN shall not pre-sign blank prescription pads or order forms under any circumstances. 2) Drug Maintenance, Labeling, Dispensing and Distribution Requirements. (a) An APRN may receive and distribute not-for-sale prepackaged devices or samples for which the APRN has prescriptive authority. (b) The patient’s record shall reflect the lot number, expiration date, and instructions for use of any not-for-sale prepackaged device or sample. (c) An APRN may delegate a licensed nurse to provide for the patient the not- for-sale prepackaged device or sample. (d) An APRN shall not sell or trade any not-for-sale prepackaged device or sample. (e) An APRN shall not distribute out-of-date not-for-sale prepackaged devices or samples. Out-of-date prepackaged devices and samples shall be promptly removed and properly disposed. (f) The drug storage area shall be locked and maintained in a sanitary environment. (g) An APRN shall not accept the return of any drugs. (h) All drug products shall be maintained, stored, and distributed in such a manner as to maintain the integrity of the product. (i) An APRN shall not distribute except as provided herein. 3) Maintenance of Patient Records. (a) An APRN, who prescribes any device or medication, including controlled substances, shall maintain a complete record of the patient's examination, evaluation, and treatment plan. 1. Documentation of the patient shall include the diagnosis and reason for any prescriptions. Further, the APRN shall document the name, dose, strength, quantity, and the date prescribed of any prescription. 2. The patient record required by these regulations shall be maintained at the practice site of the APRN. 3. The patient record required by these regulations shall be maintained by the APRN for a minimum period of two (2) years. (b) The Board has the authority to conduct random audits of patient records at APRN practice sites. These records shall be made available for inspection by representatives of the Board pursuant to authority granted in Miss. Code Ann. Section 41-29-125. 4) APRNs shall enroll in and utilize the Mississippi Prescription Monitoring Program (MPMP). C. Registration for Controlled Substances Prescriptive Authority.

1. Every APRN authorized to practice in Mississippi who prescribes any controlled substance within Mississippi or who proposes to engage in the prescribing of any controlled substance within Mississippi must be registered with and act in abidance with the U.S. Drug Enforcement Administration in compliance with Title 21 CFR Part 1301 Food and Drugs. 2) An APRN shall submit to the Board evidence of personal and/or facility DEA Registration for approval. 3) Pursuant to authority granted in Miss. Code Ann. Section 41-29-125, the Mississippi Board of Nursing hereby adopts, in addition to required regulations with the Board, the registration with the U.S. Drug Enforcement Administration. In the event, however, the APRN has had limitations or other restrictions placed upon his or her state certification wherein he or she is prohibited from handling controlled substances in any or all schedules, said APRN shall be prohibited from registering with the U.S. Drug Enforcement Administration for a Uniform Controlled Substances Registration Certificate without first being expressly authorized to do so by order of the Mississippi Board of Nursing. 4) Persons registered to prescribe controlled substances may order, prescribe, administer, distribute, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of these regulations and in conformity with provisions of the Mississippi Uniform Controlled Substances Law, Miss. Code Ann. Section 41- 29-101 et seq. 5) APRNs may only write prescriptions for or order the use of or administration of any schedule of controlled substances in accordance with the regulations set forth herein. However, in the absence of an individual DEA registration, the following shall be permissible for the nurse operating under the facility DEA registration: (a) Certified nurse midwives may determine the need for, order, and administer controlled substances in the practice of nurse midwifery within a licensed health care facility. (b) Certified nurse anesthetists may determine the need for, order, and administer controlled substances in the practice of nurse anesthesia within a licensed health care facility. (c) Certified nurse practitioners may determine the need for, order, and administer controlled substances in the practice of nurse practitioner within a licensed health care facility. D. Prescription Regulation - Controlled Substances. 1) It is the ultimate responsibility of the APRN who is authorized to prescribe controlled substances to determine the type, dosage form, frequency of application and number of refills of controlled substances prescribed to a patient. (a) The APRN shall not delegate this responsibility. (b) APRNs with controlled substance prescriptive authority may receive samples of controlled substances; however, these must be maintained in a double locked cabinet with an accurate log.

2. All prescriptions for controlled substances must be prescribed in strict compliance with Miss. Code Ann. Sections 41-29-101 through 41-29-311 as amended and Title 21 of U.S. Code of Federal Regulations, Part 1306. 3) Mississippi Prescription Monitoring Program (MPMP) Requirements. (a) Utilization Required. 1. The APRN shall utilize the MPMP for an initial prescription for a controlled substance. 2. The APRN shall utilize the MPMP at each patient encounter in which an opioid and/or benzodiazepine prescription is prescribed. (b) Time Frame of MPMP Report. 1. The APRN utilizing the MPMP upon initial patient encounter shall utilize a patient prescription history of at least the previous six (6) months. 2. In all other instances in which utilization of the MPMP is required, the APRN shall utilize a patient prescription history of at least the previous three (3) months. (c) Exceptions. 1. The APRN may elect to forego utilization of the MPMP for a prescription of Testosterone, Atropine/Diphenoxylate, Pregabalin, Gabapentin, or Pseudoephedrine. 2. The APRN may elect to forego utilization of the MPMP while practicing in the inpatient or emergency room setting; however, this exception does not apply to prescribing a controlled substance upon discharge. (d) The APRN may have a properly registered designee run the MPMP report for the APRN’s review. 4) The APRN shall maintain documentation evidencing utilization of the MPMP in the patient’s record. A copy of the MPMP report itself and/or reflection of MPMP utilization in notes may satisfy this requirement. 5) Benzodiazepines (a) The APRN shall utilize the MPMP at each patient encounter in which an opioid and/or benzodiazepine prescription is ordered. (b) The APRN shall limit the prescribing of benzodiazepines to a one (1) month supply with no more than two (2) refills, or a ninety (90) day supply with no refills. (c) The APRN shall perform point of service drug testing prior to the initial prescription of benzodiazepines for treatment of chronic medical and/or psychiatric conditions. In-office drug screening must be done at least three (3) times per calendar year for patients prescribed benzodiazepines for chronic medical and/or psychiatric conditions which are non- cancer/non-terminal. i. Point of service drug tests shall, at a minimum, test for opioids, benzodiazepines, amphetamines, cocaine, and cannabis.

ii. Point of service drug testing is not required in the inpatient and hospice settings. (d) The APRN should avoid, whenever possible, the prescribing of opioids, benzodiazepines, and/or Carisoprodol concomitantly. 6) Opioids. (a) The APRN shall utilize the MPMP at each patient encounter in which an opioid and/or benzodiazepine prescription is ordered. (b) The APRN should continue opioid therapy only if the patient experiences clinically meaningful improvement in pain and function that outweighs risks to patient safety. (c) The APRN should avoid, whenever possible, the prescribing of opioids, benzodiazepines and/or Carisoprodol concomitantly. (d) Treatment of chronic non-cancerous and/or non-terminal pain. 1. The APRN should follow the Center for Disease Control’s (CDC) Guideline for Prescribing Opioids for Chronic Pain. 2. The APRN shall perform point of service drug testing prior to the initial prescription of Schedule II opioids for treatment of chronic non- cancerous and/or non-terminal pain. In-office drug screening must be done at least three (3) times per calendar year for patients prescribed opioids for chronic medical and/or psychiatric conditions which are non- cancer/non-terminal. a. Point of service drug tests shall, at a minimum, test for opioids, benzodiazepines, amphetamines, cocaine, and cannabis. b. Point of service drug testing is not required in the inpatient and hospice settings. (e) Treatment of acute non-cancerous and/or non-terminal pain. 1. The APRN should prescribe immediate-release opioids instead of extended-release/ long-acting opioids when treating acute non- cancerous and/or non-terminal pain. 2. The APRN shall not prescribe greater than a ten (10) day supply of opioids for acute non-cancerous and/or non-terminal pain, along with an additional ten (10) day supply of opioids, if deemed clinically necessary. The APRN shall conform with Title 21 CFR Section 1306.12 refilling prescriptions; issuance of multiple prescriptions and shall document justification for an additional supply of medication beyond the initial ten (10) day supply. 3. The APRN shall prescribe the lowest effective dose of immediate- release opioids and shall prescribe no greater quantity than needed for the expected duration of pain severe enough to require opioids. (g) The APRN shall not prescribe Methadone to treat chronic pain, acute non- cancerous pain, and/or non-terminal pain.

E. Use of Diet Medication. 1) The APRN shall not prescribe any Schedule II controlled substance for the exclusive treatment of obesity, weight control, or weight loss. 2) An APRN shall not utilize controlled substances or legend drugs for purposes of weight loss unless it has an FDA approved indication for this purpose and then only in accordance with all of the following enumerated conditions. 3) Controlled substance anorectics should be used with caution in the treatment of obesity or weight loss. An APRN may prescribe said medications for the purpose of weight loss in the treatment of obesity only as an adjunct to a regimen of weight reduction based on caloric restriction, provided, that all of the following conditions are met: (a) Before initiating treatment utilizing a controlled substance, the APRN determines through review of his or her own records of prior treatment, or through review of the records of prior treatment which a treating physician or weight-loss program has provided to the APRN, that the patient has made a substantial good-faith effort to lose weight in a treatment program utilizing a regimen of weight reduction based on caloric restriction, nutritional counseling, behavior modification, and exercise, without the utilization of controlled substances, and that said treatment has been ineffective. (b) Before initiating treatment utilizing a controlled substance, the APRN obtains a thorough history, performs a thorough physical examination of the patient, and rules out the existence of any recognized contraindications to the use of the controlled substance to be utilized. "Recognized contraindication" means any contraindication to the use of a drug which is listed in the United States Food and Drug Administration (hereinafter, "FDA") approved labeling for the drug. (c) The APRN shall not utilize any controlled substance when he or she knows or has reason to believe that a recognized contraindication to its use exists. (d) The APRN shall not utilize any controlled substance for diet medication in the treatment of a patient whom he/she knows or should know is pregnant. (e) The APRN shall not initiate and shall discontinue controlled substances which are classified as amphetamine or amphetamine-like anorectics and/or central nervous system stimulants, hereinafter referred to as "stimulant," immediately upon ascertaining or having reason to believe: 1. That the patient has failed to lose weight while under treatment with said stimulant over a period of ninety (90) days, which determination shall be made by weighing the patient at least every ninetieth (90 th ) day, except that a patient who has

never before received treatment for obesity utilizing a stimulant, and who fails to lose weight during his or her first such treatment attempt may be treated with a different controlled substance for an additional ninety (90) days, or 2. That the patient has developed tolerance (a decreasing contribution of the drug toward further weight loss) to the anorectic effects of said stimulant being utilized, or 3. That the patient has a history of or shows a propensity for alcohol or drug abuse, or 4. That the patient has consumed or disposed of any controlled substance other than in strict compliance with the treating APRN’s directions. (f) The APRN shall not issue a prescription for a stimulant for any greater than a ninety (90) day supply and is to be prescribed for short- term use only as defined by current standards of care. (g) As to all other legend drugs or controlled substances which are not considered stimulants, but which have received FDA-approved indication for long term use for weight loss, the APRN shall prescribe said medications in strict compliance with the FDA-approved labeling. In addition to the requirements enumerated in (e) (1) - (4) above, each prescription shall be issued for no more than a total of three (3) months’ supply (including refills) and further, before subsequent new prescriptions can be issued, the patient shall receive a thorough reevaluation of the effectiveness of the medication, including a physical examination to document any potential harmful side effects. (h) Off-label use of any medication that does not have FDA approval for use in the treatment of weight loss is prohibited if administered solely for the purpose of weight loss. This prohibition does not apply to FDA categories of nutritional supplements sold without prescription. EXCEPTIONS (i) Upon a showing of good cause, the FDA requirements set forth in rule 1.5(E) may not apply on a per medication or class of medications basis. 1. The following shall constitute good cause and the requirements of Rule 1.5(E) shall not apply if: a A patient has a specific clinical need that is not met by a commercially available product, or; b The specific medication is currently (at the time the medication is prescribed) on the FDA’s Drug Shortages List. 2 Good cause as to why the requirements of Rule 1.5(E) do not apply to the patient must be documented in the patient record. Failure to do so will be considered a violation. 3. If any compounded drugs are administered or prescribed, the licensee shall confirm that the pharmacy supplying the

compounded medications has either obtained the active pharmaceutical ingredient (API) from a US based re-packager or wholesaler that has performed API verification testing to confirm the supplied certificate of analysis (COA) or supplying pharmacy has independently performed API verification testing to confirm the supplier’s COA. 4. Confirmation shall be documented in the medical record of the patient. F. Freedom of Choice. 1) An APRN shall not be influenced in the prescribing of drugs and devices by a direct or indirect financial interest in a pharmaceutical firm, pharmacy, or other supplier. Whether the firm is a manufacturer, distributor, wholesaler, or re- packager of the product involved is immaterial. 2) An APRN may own or operate a pharmacy if there is no resulting exploitation of patients. Patients are entitled to the same freedom of choice in selecting who will fill their prescription needs as they are in the choice of an APRN. 3) If a patient requests a written prescription in lieu of an oral prescription or electronic submission, this request shall be honored. G. Violation of Regulations. 1) The prescribing of any controlled substance in violation of the above rules and regulations shall constitute a violation of Miss. Code Ann. Section 73-15- 29(1)(f), (k) and (l) and shall be grounds for disciplinary action. 2) The prescribing, administering, or distributing of any legend drug or other medication in violation of the above rules and regulations shall constitute a violation of Miss. Code Ann. Section 73-15-29(1) (f), (k) and (l), and shall be grounds for disciplinary action.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.6 Emergency Practice

A. For purposes of Rule 1.6, emergency shall mean the threat of loss of life, limb, or vision. B. Advanced practice registered nurses may assume and perform specific functions and procedures in the event of an emergency which are beyond basic professional nursing preparation, provided that: 1) The licensee acts in collaboration with or in the absence of an advanced practice clinician; 2) The licensee has the education, training, competency, and skills required to perform the function and procedure; (a) The education, training, competency, and skills must align with current national standards for emergency nursing practice;

(b) The education, training, competency, and skills must be supported by official documentation; 3) The licensee practices in accordance with the appropriate education, training, policy, and procedure established by the employing organization’s curriculum, which must align with current national standards for emergency nursing practice; 4) The function or procedure is not otherwise prohibited by law.

Part 2840, Chapter 2: Cannabis Certification Rule 1.1 Scope for Part 2840, Chapter 2. The rules contained in this Part 2840, Chapter 2 are promulgated by the Mississippi Board of Nursing [the “Board”] to implement the Mississippi Medical Cannabis Act, Miss. Code Ann. §§ 41-137-1, et seq., [the “Act”]. These rules shall apply to all licenses who are registered as certifying practitioners with the Mississippi State Department of Health (MDOH); or who are applying, or re-applying, to register as certifying practitioners with the MDOH. Nothing in these rules shall be construed to require any licensee to issue any written certification pursuant to the Act. No licensee is required to register with the Board in order to certify patients. However, all advice or services provided pursuant to the Act must meet or exceed the applicable professional standard of care.

Rule 1.2 Definitions for Part 2840, Chapter 2. For purposes of Part 2840, Chapter 2, the following terms have the meanings indicated: A. “Bona-fide practitioner-patient relationship” means: 1) A practitioner and patient have a treatment or consulting relationship, during the course of which the certifying practitioner, within his or her scope of practice, has completed an in-person assessment of the patient’s medical history and current mental health and medical condition and has documented their certification in the patient’s medical records; 2) The practitioner has consulted in person with the patient with respect to the patient’s debilitating medical condition; and 3) The practitioner is available to or offers to provide follow-up care and treatment to the patient. B. “Cannabis” means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived drug

products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act. C. For the purposes of this Chapter, “Practitioner” means a nurse practitioner who is licensed to prescribe medicine under the licensing requirements of the Boards and the laws of this state. In relation to a nonresident cardholder, the term means a nurse practitioner who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and under the laws of the state or territory in which the nonresident patient resides. For registered qualifying patients who are minors, “practitioner” shall mean a nurse practitioner who is licensed to prescribe medicine under the licensing requirements of the Board and the laws of this state. D. “Chronic pain” means a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by the certifying practitioner. E. “Debilitating medical condition” means: 1) Cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s disease, ulcerative colitis, sickle- cell anemia, Alzheimer’s disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions; 2) A chronic, terminal or debilitating disease or medical diagnosis, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristics of multiple sclerosis; or 3) Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in Section 41-137-17. F. "Medical use" includes the acquisition, administration, cultivation, processing, delivery, harvest, possession, preparation, transfer, transportation, or use of medical cannabis or equipment relating to the administration of medical cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term "medical use" does not include: 1) The cultivation of cannabis unless the cultivation is done by a cannabis cultivation facility; or 2) the extraction of resin from cannabis by mechanical or chemical extraction unless the extraction is done by a cannabis processing facility. G. “Qualifying Condition” means any condition as described and defined in Section 41-137-3(r) and in R.1.2 (E) of this Chapter. H. “Qualifying Patient” means a person who has been diagnosed by a practitioner as having a debilitating medical condition and has been as described and defined in Section

41-137-3(r)(1) and has been issued a written certification, or who is eligible to receive such certification, under Section 41-137-5. I. “Scope of Practice” means the defined parameters of various duties, services or activities that may be provided or performed by a practitioner as authorized under state law and the rules and regulations adopted by the Board for those practitioners. J. “Written Certification” means a form approved by the Mississippi State Department of Health, signed and dated by a certifying practitioner, certifying that a person has a debilitating medical condition. A written certification shall include the following: 1) The date of issue and the effective date of the recommendation; 2) The patient's name, date of birth and address; 3) The practitioner's name, address, and federal Drug Enforcement Agency [DEA] number; and 4) The practitioner's signature.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).
• Source: Miss. Code Ann. § 73-15-17 (1972, as amended); Miss. Code Ann. §41-137-5(7)(c) (as amended Mar. 27, 2023); Miss. Code Ann. §41-137-9(2)(d) (2022).
• Source: Miss. Code Ann. § 73-15-17 (1972, as amended); Miss. Code Ann. § 41-137-3 (2022, as amended March 27, 2023).

30 Miss. Admin. Code Pt. 2840, R. 1.3 Registration and Certification

A. Registration. Practitioners must register with the Mississippi Department of Health. B. General Certification. Practitioners must be authorized and registered with the Mississippi State Department of Health to certify patients to obtain cannabis for medical use. No person shall be authorized to use medical cannabis in this state unless the person (a) has been diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient relationship within his or her scope of practice, as having a debilitating medical condition for which the practitioner believes, in his or her professional opinion, that the person would likely receive medical or palliative benefit from the medical use of medical cannabis to treat or alleviate the person’s debilitating medical condition or symptoms associated with the person’s debilitating medical condition, (b) has received a written certification of that diagnosis from the practitioner, and (c) has been issued a registry identification card from the MDOH under Section 41- 137-23. A person who has been diagnosed by a practitioner as specified in paragraph (a) of this subsection shall be a qualifying patient, and the practitioner who has diagnosed the patient shall document that diagnosis with a written certification. 1) The diagnosis of a qualifying condition must be documented in a written certification that shall: a) Affirm that it is made in the course of a bona fide practitioner- patient relationship; b) Remain current for twelve (12) months, unless the certifying practitioner specifies a shorter period of time;

c) Be issued only after an in-person assessment of the patient by the certifying practitioner; d) Only be issued on behalf of a minor when the minor’s parent or guardian, as defined in the Act, provides signed consent; and e) Be limited to the allowable amount of cannabis in a thirty-day period. C. After a practitioner has issued a written certification to a qualifying patient, a practitioner may assist the patient in registering for a registry identification card with the Department of Health, in a manner provided by the regulations of the Department of Health. D. Pediatric and Young Adult Certifications. Only physicians (Medical Doctors [MD] or Doctors of Osteopathic Medicine [DO]) may issue written certifications to registered qualifying patients who are minors (younger than eighteen (18) years of age).

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended); Miss. Code Ann. § 41-137-5 (2002, as amended March 27, 2023); Miss. Code Ann. § 41-137-9 (2022, as amended March 27, 2023); Miss. Code Ann. § 41-137-23 (2022, as amended March 27, 2023).

30 Miss. Admin. Code Pt. 2840, R. 1.4 Patient Record

A. A practitioner who evaluates a patient for certification must maintain a complete medical record of his or her assessment, just as with any other patient.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.5 Continuing Education (CE)

A. A practitioner shall be registered to issue written certifications to qualifying patients by completing the required application process as set forth by the MDOH. The MDOH shall require a practitioner to complete a minimum of eight (8) hours of continuing education in medical cannabis in order to issue written certifications. After the first year of registration, these practitioners shall complete five (5) hours of continuing education in medical cannabis annually to maintain this registration. B. A practitioner shall not be required to have any additional qualifications to be authorized to certify a qualifying patient for a registry identification card, other than such requirements for practitioners as provided under the Mississippi Medical Cannabis Act. C. A practitioner shall not be required to be registered to certify patients with any state agency or board other than the MDOH.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

30 Miss. Admin. Code Pt. 2840, R. 1.6 Violations

Violation of any of the rules or requirements in this Part 2840, Chapter 2, or of any provision of the Mississippi Medical Cannabis Act, constitutes unprofessional conduct in violation of Miss. Code Ann. § 73-15-29 (l) and may subject a licensee to discipline. Discipline under this Chapter and other provisions of the Administrative Code shall be in addition to any other civil, criminal, or administrative penalties available under state law.

Effective October 15, 2022

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 3 Clinical Nurse Specialists

30 Miss. Admin. Code Pt. 2840, R. 2.1 Use of Title

In order to use the title Clinical Nurse Specialist, the RN must:

A. Be currently licensed to practice as a RN in Mississippi or be currently licensed to practice under the Nurse Licensure Compact with a multistate licensure privilege to practice in Mississippi, and B. Hold a master’s degree or higher degree in a nursing clinical specialty area and a current Board-approved national certification.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2850 Nurse Licensure Compact

Chapter 1 Definition of Terms in the Compact

30 Miss. Admin. Code Pt. 2850, R. 1.1 Definition of Terms in the Compact

For the purpose of the compact: A. Adverse action. A home or remote state action. B. Alternative program. A voluntary, non-disciplinary monitoring program approved by a nurse licensing board. C. Board. A party state’s regulatory body responsible for issuing nurse licenses. D. Coordinated licensure information system. An integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensure boards. E. Current significant investigative information. 1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. F. Home state. The party state which is the nurse’s primary state of residence. G. Home state action. Any administrative, civil, equitable or criminal action permitted by the home state’s laws which are imposed on a nurse by the home state’s licensing board or other authority including actions against an individual’s license such as: revocation, suspension, probation or any other action which affects a nurse’s authorization to practice. H. Information system. The coordinated licensure information system. I. Multi-state licensure privilege. Current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as: revocation, suspension, probation or any other action which affects a nurse's authorization to practice. J. Nurse. A registered nurse or licensed practical/vocational nurse, as those terms are defined by each party’s state practice laws.

K. Party state. Any state that has adopted this compact. L. Primary state of residence. The state of a person's declared fixed, permanent and principal home for legal purposes; domicile. M. Public. Any individual or entity other than designated staff or representatives of party state boards or the National Council of State Boards of Nursing, Inc. N. Remote state. A party state, other than the home state. 1) Where the patient is located at the time nursing care is provided, or 2) In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located. O. Remote state action. 1) Any administrative, civil, equitable or criminal action permitted by a remote state’s laws which are imposed on a nurse by the remote state’s licensing board or other authority including actions against an individual’s multi-state licensure privilege to practice in the remote state, and 2) Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof. P. State. A state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. Q. State practice laws. Those individual party’s state laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. “State practice laws” does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state. Other terms used in these rules are to be defined as in the Interstate Compact.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 2 Issuance of a License by a Compact Party State

30 Miss. Admin. Code Pt. 2850, R. 2.1 Issuance of a License by a Compact Party State

For the purpose of this compact: A. As of July 1, 2005, no applicant for initial licensure will be issued a compact license granting a multi- state privilege to practice unless the applicant first obtains a passing score on the applicable NCLEX examination or its predecessor examination used for licensure. B. A nurse applying for a license in a home party state shall produce evidence of the nurse's primary state of residence. Such evidence shall include a declaration signed by the licensee. Further evidence that may be requested may include but is not limited to: 1) Driver's license with a home address; 2) Voter registration card displaying a home address; 3) Federal income tax return declaring the primary state of residence;

4. Military Form No. 2058 – state of legal residence certificate; or 5) W2 from US Government or any bureau, division or agency thereof indicating the declared state of residence. C. A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued by the party state. D. A licensee issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license. E. When a party state issued a license authorizing practice only in that state and not authorizing practice in other party states (i.e. a single state license), the license shall be clearly marked with words indicating that it is valid only in the state of issuance. F. A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multi-state licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed thirty (30) days. G. The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance and the thirty-day (30) period in subsection 2.2 of this section shall be stayed until resolution of the pending investigation. H. The former home state license shall no longer be valid upon the issuance of a new home state license. I. If a decision is made by the new home state denying licensure, the new home state shall notify the former home state within ten (10) business days and the former home state may take action in accordance with that state's laws and rules.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 3 Limitations on Multi-State Licensure Privilege

30 Miss. Admin. Code Pt. 2850, R. 3.1 Limitations on Multi-State Licensure Privilege

A. Home state boards shall include in all licensure disciplinary orders and/or agreements that limit practice and/or require monitoring the requirement that the licensee subject to said order and/or agreement will agree to limit the licensee's practice to the home state during the pendency of the disciplinary order and/or agreement. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state boards. B. An individual who had a license which was surrendered, revoked, suspended, or an application denied for cause in a prior state of primary residence, may be issued a single state license in a new primary state of residence until such time as the individual would be eligible for an unrestricted license by the prior state(s) of adverse action. Once eligible for licensure in the prior state(s), a multi-state license may be issued.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Chapter 4 Information System

30 Miss. Admin. Code Pt. 2850, R. 4.1 Information System

A. Levels of access 1) The public shall have access to nurse licensure information limited to: (a) the nurse's name, (b) jurisdiction(s) of licensure, (c) license expiration date(s), (d) licensure classifications(s) and status(es), (e) public emergency and final disciplinary actions, as defined by contributing state authority, and (f) the status of multi-state licensure privileges. 2) Nonparty state boards shall have access to all information system data except current significant investigative information and other information as limited by contributing party state authority. 3) Party state boards shall have access to all information system data contributed by the party states and other information as limited by contributing nonparty state authority. B. The licensee may request in writing to the home state board to review the data relating to the licensee in the information system. In the event a licensee asserts that any data relating to him or her is inaccurate, the burden of proof shall be upon the licensee to provide evidence that substantiates such claim. The board shall verify and within ten (10) business days correct inaccurate data to the information system. C. The board shall report to the information system within ten (10) business days: (a) disciplinary action, agreement or order requiring participation in alternative programs or which limit practice or require monitoring (except agreements and orders relating to participation in alternative programs required to remain nonpublic by contributing state authority), (b) dismissal of complaint, and (c) changes in status of disciplinary actions, or licensure encumbrance. D. Current significant investigative information shall be deleted from the information system within ten (10) business days upon report of disciplinary action, agreement or order requiring participation in alternative programs or agreements which limit practice or require monitoring or dismissal of a complaint. E. Changes to licensure information in the information system shall be completed within ten (10) business days upon notification by a board.

History

• Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2860 Certified Clinical Hemodialysis Technicians

30 Miss. Admin. Code Pt. 2860, R. 1.2 Certification by Endorsement

A. Applicants who have practiced as uncertified hemodialysis technicians in other states or who have been certified in another state may apply for certification by endorsement in Mississippi if they provide: 1) Official documentation directly from the training program of the successful completion of an approved hemodialysis technician training program in another state meeting or exceeding the requirements of Mississippi; 2) Official documentation of current certification by the Nephrology Nursing Certification Commission (NNCC), the Board of Nephrology Examiners for Nursing and Technology (BONENT); or the National Nephrology Certification Organization (NNCO). 3) Official documentation of current certification in another state or territory as applicable, if the state from which the applicant is coming regulates and certifies hemodialysis technicians; and 4) Required nonrefundable licensure fee and completed attested application for endorsement.

30 Miss. Admin. Code Pt. 2860, R. 1.3 Renewal of Certification

A. Renewal of Certification 1) CCHTs shall complete the renewal process including submission of an application for renewal by July 31 of every odd-numbered year.

2. If the certificate is not renewed by July 31 of the odd number year, the CCHT does not hold a valid certificate and shall not function as a CCHT until the lapsed certificate has been reinstated. 3) Attested renewal applications, nonrefundable renewal fee and proof of certification by the Nephrology Nursing Certification Commission (NNCC), the Board of Nephrology Examiners for Nursing and Technology (BONENT) or the National Nephrology Certification Organization (NNCO) shall be submitted to the Board prior to July 31 of every odd-numbered year.

Rule 1.4. Reinstatement of Certification.

A. Applicants for reinstatement of certifications which have lapsed must provide: 1) An attested reinstatement application, nonrefundable reinstatement fee, official documentation of having worked as a CCHT in the prior year, and official documentation of certification from Nephrology Nursing Certification Commission (NNCC), the Board of Nephrology Examiners for Nursing and Technology (BONENT); or the National Nephrology Certification Organization (NNCO). 2) If the applicant has not worked as a CCHT within the year preceding application, successful completion of a Board-approved educational program may be required as set forth in Part 2860, Chapter 4, Rule 4.1, Refresher Course Requirements.

Rule. 1.5 Additional Requirements.

A. To qualify for initial, endorsement, and reinstatement certification to practice as a CCHT, an applicant must have successfully been cleared for certification through an investigation that shall consist of a determination as to good moral character and verification that the prospective CCHT is not guilty of or in violation of any ground for denial of certification as set forth in Part 2860, Chapter 3, Rule 3.1. 1) To assist the Board in conducting its certification investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. (a) Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the Board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. (b) Any and all state or national criminal history records information obtained by the Board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the Board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for certification, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the Board to determine certification, no such information or records related thereto shall, except with the written consent of the applicant or by order of a

court of competent jurisdiction, be released or otherwise disclosed by the Board to any other person or agency. (c) The Board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. 2) The Board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining state and national criminal history records information on the applicant. 3) The Board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article. B. The Board reserves the right to determine who is duly qualified for initial, endorsement, renewal, and reinstatment of certification. C. An applicant for certification who does not complete the application process within one (1) year of the date of receipt of the original application shall begin the application process again, including payment of the application fee, submission of a new application and all supporting documentation.

Chapter 2 Standards for CCHT

30 Miss. Admin. Code Pt. 2860, R. 2.1 Authorized Functions of the CCHT under the Direct Supervision of a Registered Nurse

The CCHT under the direct supervision of a registered nurse may:

A. Place the fistula needles in the peripheral fistula or graft in preparation for initiation of hemodialysis (perform arteriovenous punctures for dialysis access); B. Inject intradermal lidocaine in preparation for dialysis access; C. Administer heparin intravenously, including: 1) Drawing up heparin (1:1,000 strength) for initial and continued administration, 2) Administration of the heparin peripherally via the fistula needle, and 3) Loading and activating the constant infusion pump or intermittently injecting the prescribed dose; D. Administer saline intravenously, including: 1) Administration of a saline bolus during a hypotensive episode (this must be in accordance with an agency protocol and with registered nurse supervision and consultation), and 2) Administration and regulation of a normal saline solution for the purpose of maintaining the fluid plan that is established by the registered nurse; E. Connect a dialysis access to isotonic saline or heparinized isotonic saline; F. Administer oxygen; G. Collect additional data concerning patient’s condition; H. Function only under the direct supervision of a registered nurse; and

Function only in hemodialysis facilities which are certified by the Department of Health, Division of Licensure and Certification, or its successor agency.

30 Miss. Admin. Code Pt. 2860, R. 2.2 Prohibited Functions of the CCHT

The CCHT shall not:

A. Take orders for dialysis treatments; B. Alter dialysis orders as prescribed by a physician or nurse practitioner; C. Determine or regulate the dosage of heparin; D. Perform hemodialysis in the home setting; E. Perform any function or service for clients for which a nursing license is required under Miss. Code Ann. Section 73-15-1 et seq. and the Mississippi Board of Nursing Administrative Code; F. Initiate or discontinue treatment via central lines; G. Initiate, regulate, monitor, provide care related to, or discontinue hemodialysis via any dual lumen catheter (temporary or permanent) regardless of placement; H. Administer medications by any route except those agents addressed in Part 2860, Chapter 2, Rule 2.1; I. Administer blood, blood components, plasma, plasma expanders, hypertonic solutions or other intravenous solutions except those agents in Part 2860, Chapter 2, Rule 2.1; J. Perform dialysis treatments when not under the direct supervision of a RN. K. Function in supervisory capacity; or L. Delegate care or portions of care to others.

Chapter 3 Disciplinary Action

30 Miss. Admin. Code Pt. 2860, R. 3.1 Grounds for Disciplinary Action

The Board retains the power to conduct disciplinary hearings of CCHTs and/or applicants for certification concerning the restriction, denial, suspension, revocation and/or discipline of a CCHT in accordance with the provisions of 30 Mississippi Administrative Code Part 2820 Denial, Revocation, Suspension of License/Certification.

30 Miss. Admin. Code Pt. 2860, R. 3.2 Conduct of Disciplinary Proceedings

Disciplinary proceedings will be conducted in accordance with Miss. Code Ann. Section 73-15-1 et seq. and 30 Mississippi Administrative Code Part 2825 Rules of Procedure.

Rule. 3.3. Criminal Background Check. Upon reasonable suspicion that a holder of a certification issued under this article has violated any ground for disciplinary action, the Board may require the certification holder to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database, in the same manner as required for applicants for certification under Part 2860, Chapter 1, Rule 1.5.

Chapter 4 Education

30 Miss. Admin. Code Pt. 2860, R. 4.1 Refresher Course Requirements

Hemodialysis Technician Training Program refresher courses:

A. Any CCHT applicant applying for certification that has been unsuccessful passing the certification examination of a national certifying entity as defined under the ERSD Facility Conditions of Coverage; or has not practiced as a CCHT within a one (1) year period immediately prior to such application for a state certification, renewal or reinstatement must submit evidence of successful completion of a hemodialysis technician training program refresher course as evidenced by: 1) A minimum of eighty (80) hours of clinical practice under the direct supervision of an approved clinical preceptor; 2) Successful completion of the hemodialysis technician training program’s skills list; 3) Successful completion of the hemodialysis technician training program final examination with a score of at least 80%; and 4) Written verification, on agency letterhead, of successful completion of supervised clinical practice, skills list, and the final examination shall be provided to the Board by the training program’s Board-approved nurse educator.

30 Miss. Admin. Code Pt. 2860, R. 4.2 Minimum Standards for Hemodialysis Technician Training Program

A. Objectives. There shall be written objectives for the training program which serve as the basis for planning, implementing and evaluating the program. 1) The objectives shall be developed by the training program faculty. 2) The training program objectives shall describe the knowledge and skills expected of the CCHT, and shall be consistent with the authorized functions of the CCHT. 3) The training program objectives shall be reviewed annually and revised as necessary by the nurse educator. B. Curriculum. The curriculum shall be developed, implemented and evaluated by the training program faculty within the framework of the objectives listed in Part 2860, Chapter 4, Rule 4.2 (A). 1) The curriculum shall extend over a period of time sufficient to provide essential, sequenced learning experiences which enable a student to develop competence and shall evidence an organized pattern of instruction consistent with principles of learning and sound educational practices. 2) Supervised clinical experience shall provide opportunities for the application of theory and for the achievement of stated objectives in a patient care setting and shall include clinical learning experiences to develop the skills required by hemodialysis technicians to provide safe patient care. The nurse educator and/or clinical preceptor must be physically present and accessible to the student when the student is in the patient care area. 3) The training program’s nurse educator shall develop a written systematic plan for curriculum and program evaluation. C. Administration and organization. 1) The hemodialysis technician training program shall be an integral part of a hemodialysis clinic or unit which is licensed by the Mississippi Department of Health, Division of Licensure and Certification or its successor.

2. There shall be a nurse educator to administer the training program and who shall be responsible for the development, implementation and evaluation of the training program, arrangements for and supervision of students’ clinical experiences and communication with the Board. D. Qualifications and competencies of faculty. 1) The nurse educator shall be a registered nurse and shall have an active unrestricted license/privilege to practice nursing in Mississippi. (a) The nurse educator shall have at least two (2) years of nursing practice experience including at least one (1) year of nursing experience in dialysis. Previous nursing experience in critical care and nursing education is desirable. (b) The nurse educator shall be a certified nephrology nurse (CNN) or certified dialysis nurse (CDN). 2) Clinical preceptor(s) shall be a registered nurse or licensed practical nurse certified in the hemodialysis expanded role, and shall hold an active unrestricted license/privilege to practice nursing in Mississippi. (a) Clinical preceptors shall have a least one (1) year of nursing practice experience including at least six (6) months of nursing experience in dialysis. (b) Clinical preceptors shall demonstrate knowledge and skills in dialysis nursing.

Chapter 5 Approval of Hemodialysis Technician Training Programs

30 Miss. Admin. Code Pt. 2860, R. 5.1 Initial Program Approval

A dialysis unit, licensed by the Mississippi Department of Health, wishing to obtain approval of its hemodialysis technician training program shall submit an application and required fee for approval to the Board.

A. The initial application for approval shall be consistent with the “minimum standards for hemodialysis technician training programs” and shall contain the following: 1) Objectives of the training program; 2) Organizational chart; 3) Name and contact information of the medical director, administrator, nursing director, and nurse educator; 4) Official documentation of nurse educator(s) CDN or CNN certification; 5) Official documentation of current licensure status with the Mississippi Department of Health, Division of Licensure and Certification; and 6) Program curriculum; B. After receipt of necessary documentation, the Board may: 1) Grant approval of the program, 2) Defer a decision regarding approval, or 3) Deny approval

30 Miss. Admin. Code Pt. 2860, R. 5.2 Criteria for Approval, Probationary Approval, and Denial or Withdrawal of Approval

The Board is the final authority regarding continued approval, probationary approval, denial and/or withdrawal of program approval.

A. Criteria for approval 1) To ensure continued compliance with the minimum standards for approval, the training program may be periodically audited to determine compliance. (a) The Board may authorize unannounced site visits be made to the approved hemodialysis technician training programs. B. Criteria for probation 1) A training program may be given probationary approval when there is evidence of: (a) Basic compliance with the “minimum standards for approval of hemodialysis technician training programs” along with identified areas which need improvement. (b) Minimal retention of qualified faculty and/or preceptors resulting in disorganization of the program and a breakdown of supervision and teaching of the program. (c) Basic compliance with the training program’s stated philosophy, objectives, policies, and curriculum along with identified areas which need improvement resulting in unsatisfactory student achievement. (d) Minimal provision of clinical experiences and/or supervision necessary to meet the objectives of the training program. 2) The training program shall be advised of the reason(s) for the probationary approval. 3) A reasonable time period, not to exceed one year, will be designated in which the training program must correct deficiencies and meet the minimum standards for approval. 4) At least sixty (60) days prior to the end of the probationary approval, the training program shall submit a self-evaluation which includes a description of changes made to correct the deficiencies, and a site visit may be made. Board staff or its designee will submit a report to the Board. 5) The Board may grant approval to the training program, extend the probationary approval or it may withdraw approval of the program. C. Criteria for denial or withdrawal of approval 1) The Board may deny approval of a training program when a program fails to provide evidence of compliance with the “minimum standards for approval of hemodialysis technician training programs.” A written notice concerning the reasons shall be provided to the officials of the dialysis unit. 2) The Board may withdraw approval of a training program if the program fails to correct deficiencies resulting in noncompliance with the “minimum standards for approval of hemodialysis technician training programs.” (a) A written notice concerning the reasons shall be provided to the officials of the dialysis unit. (b) The training program shall be removed from the list of Board-approved hemodialysis technician training programs.

30 Miss. Admin. Code Pt. 2860, R. 5.3 Changes Requiring Notification to the Board of Nursing for Approval

A. Program changes requiring Board notification within thirty (30) days of the change must be submitted to the Board in writing: 1) Major curriculum changes and/or reorganization of the curriculum. 2) Major changes in the program’s objectives or goals. 3) Changes in the internal administration or organizational plan of the hemodialysis clinic or unit which affects the training program (i.e., change in contact and/or owner information, etc...) 4) Change in the names of the medical director, administrator, nursing director, and/or nurse educator. 5) Changes in the facility licensure status with the Mississippi Department of Health, Division of Licensure and Certification, including but not limited to revocation of licensure, probation of licensure or requirement of corrective action plan.

Chapter 6 Hemodialysis Technician Certification Examination

30 Miss. Admin. Code Pt. 2860, R. 6.1 Hemodialysis Technician Certification Examination

A. Administration of Examination 1) Applicants for certification as a hemodialysis technician shall be required to pass the Nephrology Nursing Certification Commission (NNCC), the Board of Nephrology Examiners for Nursing and Technology (BONENT); or the National Nephrology Certification Organization (NNCO) certification examination prior to being issued a state certification.

30 Miss. Admin. Code Pt. 2860, R. 6.2 Change of Name and/or Address

A. The CCHT shall supply evidence of name change, i.e., copies of court records, marriage certificate, etc., in order for any official change to be made on records. B. The CCHT shall keep the Board informed in writing as to change in address.

30 Miss. Admin. Code Pt. 2860, R. 6.3 CCHT Advisory Committee

The Board may appoint an advisory committee consisting of at least one (1) registered nurse practicing in hemodialysis and one (1) licensed practical nurse preferably a licensed practical nurse certified in the expanded role of hemodialysis to advise the Board on issues related to CCHTs.

30 Miss. Admin. Code Pt. 2860, R. 6.4 Penalty for Presentation of Bad Checks

A. A fee as established by Miss. Code Ann. Section 97-19-57, shall be assessed to any individual who presents a check that is later dishonored by the bank. Such fees shall be in addition to the amount due. B. Payment shall be made by certified check or money order within fifteen (15) days of notification by certified mail of the returned check.

C. Certifications obtained by payment of a bad check shall be considered invalid until full payment has been made.

Part 2865 Practical Nursing Accreditation Standards

30 Miss. Admin. Code Pt. 2865, R. 1.2 Definitions of terms for Part 2865

A. Accreditation Site Team: Accreditation Site Team selected by the Board and LEA to visit nursing programs for the purpose of verifying and clarifying data presented in self-study or progress report. Selection is made at the discretion of the Board Practical Nursing Education Director. B. Adjunct Faculty: All faculty who teach nursing courses in the program(s) being accredited and who have adjunct faculty employment status as determined by the governing institution. C. Administrator: The person with designated authority and responsibility to direct the practical nursing program and/or program of nursing. This person may be called the director, dean, chair, etc. D. Affiliation Agreement: Written agreement between the practical nursing programs and healthcare facilities. E. Annual Report: Report submitted annually by the administrator of the program that updates information on files with the board and validates continuing compliance with minimum standards. F. Assisting Staff/Personnel: Persons employed in a unit of nursing who support the nursing education program, but who are not classified as faculty by the governing institution. G. Board: The Mississippi Board of Nursing. H. Compliance: Adhering to the standards and criteria for accreditation. I. Complaints: A formal, written charge against a practical nursing program. J. Continuing Education: Planned, organized learning experiences designed to augment

the knowledge, skill, and ability to enhance nursing practice and therefore improve health care delivered to the public. K. Course Objective: Course-level objectives of the nursing program. L. Curricula: All courses and planned program activities designed for completing a practical nursing program as defined by the Mississippi Community College Board (MCCB). M. Distant Education: A formal education process which online learning is combined with traditional learning for an all-inclusive learning experience. Instructions can be synchronous or asynchronous (Commission on Regulation and Postsecondary Distance Education, 2013). N. Due Process: A formal proceeding based on established rules and principles that are not unfair, arbitrary, or unreasonable. O. Fiscal Resources: Financial means to purchase, obtain supplies, materials, equipment, services, and personnel. P. Full-Time Faculty: All faculty who teach nursing courses in the program(s) being accredited and who have full-time faculty employment status as determined by the governing institution. Q. Governing Organization: The educational agency which the practical nursing program is an integral part. R. LEA: Local Educational Agency. S. NCLEX®: National Council of State Board of Nursing Licensure Examination. T. Online learning: A delivery model that is an interactive computer-based and internet- connected learning environment in which students are separated from the instructor by time or location or both and in which an instructor is responsible for providing instruction. U. Outcomes: Performance indicators measured at the end of any activity to determine the extent to which the purposes of the activity are being achieved. V. Part-Time Faculty: All faculty who teach nursing courses in the program(s) being accredited and have part-time faculty status as determined by the governing organization. W. Plan of Compliance: Written program for complying with state accreditation standards submitted by the administrator for the practical nursing program at the request of the Board. X. Practical Nurse: The practice of nursing by a licensed practical nurse means the performance for compensation of services requiring basic knowledge of the biological, physical, behavioral, psychological and sociological sciences and of nursing procedures which do not require the substantial skill, judgment, and knowledge required of a registered nurse. These services are performed under the direction of a registered nurse, an advanced practice registered nurse, a licensed physician or licensed dentist and utilize standardized procedures in the observation and care of the ill, injured and infirm; in the maintenance of health; in action to safeguard life and health; and in the administration of medication and treatments prescribed by any advanced practice registered nurse, licensed physician or licensed dentist authorized by state law to prescribe. Y. Practical Nursing Program: The department, school, division, or college within a governing organization that offers one or more nursing programs at selected sites.

Z. Preceptors: Individuals in a practice setting who function as role models and who assist individual students in achieving specific objectives. Preceptors shall be academically/experientially prepared at or beyond the level for which the preceptor service is rendered and shall have a minimum of one (1) year of experience. AA. Program of Nursing: Certificate program in nursing. The total curriculum, funding, faculty, facilities, and other resources available or required by the practical nursing program or governing institution for a nursing certificate. BB. Self-study: Self-study in the practical nursing program shall take into consideration previous evaluation instruments and their results, number of students enrolled, attrition rate, number of students completing, number of students placed, and percentage of students passing NCLEX-PN. It shall also include clinical site usage and affiliation agreements. CC. Simulation: A technique, not a technology, that allows activities or events to be replicated for the purpose of practicing, learning, evaluation, or testing using scenarios, high fidelity manikins, medium-fidelity manikins, standardized patients, role playing, skills stations, and computer-based critical thinking simulation. DD. State Accreditation: the approval by the Board of a Practical Nursing Program. EE. State Accreditation Standards: Rules and Regulations for State Accreditation of Practical Nursing Programs. FF. State-Accredited Status: Status for a Practical Nursing Program that has met all standards set forth in “Accreditation Standards and Rules and Regulations for Mississippi Programs of Nursing.” State accreditation is required for graduates of Mississippi schools of nursing to take the licensed practical nurse examination (NCLEX-PN). GG. Statement of need and feasibility: Current evidence of need for professional and practical nurses, additional program(s), and community support. HH. Systemic Plan of Evaluation (SPE): A written comprehensive document that contains specific, measurable expected levels of achievement and appropriate assessment methods. II. Traditional Experience: Planned, faculty-guided learning experiences that involve direct contact with patients in an inpatient, ambulatory care, or community setting (NCSBN Model Act, 2012a). JJ. Traditional education: Education which instruction takes place between an instructor and students were all physically present in the same place (e.g. face-to-face). KK. Unencumbered license: A license without a current discipline, condition, or restriction.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 1.3 Adoption & Revision of Standards of Accreditation

A. The Mississippi Board of Nursing has the authority and responsibility to establish and promulgate criteria for the evaluation and accreditation of Practical Nursing Programs. These criteria take the form of Standards for State Accreditation. Board staff distributes the Standards adopted by the Board and takes the action necessary for their implementation. Standards will be subject to formal review and revision on a five (5) year cycle; however, the standards and criteria can be reviewed and revised as needed based on current trends in nursing education.

B. Information on new standards is posted on the Board website and made available to persons, institutions, and organizations affected by the Standards.

C. After distribution of proposed standards, interested persons, institutions, and organizations are given a minimum of thirty (30) business days to file written comments with the Board.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 1.4 State Accreditation Guidelines

A. The Standards of Accreditation constitute the basic document for the accreditation process forming the foundation of essentials against which a program assesses, evaluates, and improves itself. B. Program evaluation is a process conducted by faculty, staff, students, and the governing organization in which the program is assessed to determine if the program is in accordance with the accreditation standards. C. The program evaluation process should be an on-going process that allows the governing organization to make any necessary revisions to the program in order to meet the accreditation standards prior to the next accreditation review. D. Each practical nursing program determines its own objectives, based on the competencies identified in the Mississippi Curriculum Framework for post-secondary practical nursing. E. Accreditation is not intended to impose upon institutions rigid uniformity of educational objectives or school operations. F. Each institution is judged upon its own objectives according to the accreditation standards and criteria established by the Board. G. Upon accreditation, the maximum period for reexamination shall be eight years. Earlier, complete or partial reexamination, or focused visits may be required by the Board, if full accreditation is not attained. H. Practical nursing programs shall notify the Board PN Education Program Director immediately of changes in ownership, management, contractual affiliations with other institutions, additions or major changes of courses or facilities, and items that could

substantially affect the program’s policies, staff, curricula, reputation, legal, or financial status. I. The practical nursing program’s Certificate of Accreditation is to be surrendered by the institution upon termination of accredited status of the practical nursing program. If termination of accredited status occurs, the institution must immediately delete references and claims of accreditation from catalogs, advertising, and promotional materials, and in no event later than ninety (90) business days after termination. J. National accreditation status is contingent on receiving and maintaining state accreditation. A program must maintain state accreditation in order to operate in Mississippi regardless of national accreditation status.

Part 2865, Chapter 2: General Requirements. Rule 2.1 Location of the Program.

The Practical Nursing Program must be located within the State of Mississippi and offered face-to-face in order to receive state accreditation by the Board.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).
• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 2.2 Compliance

The practical nursing program must meet all state standards of accreditation and provide documentation of compliance as set forth in these rules.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 2.3 Accreditation Fee Structure

A. New Program Accreditation - Institutions seeking to establish a new program shall be assessed a $2,500.00 fee. In addition, the institution shall be responsible for all fees associated with the accreditation process. Such fees include, but are not limited to: the accreditation visit team travel, hotel accommodations, meal per diem, printing, and postage.

B. Continuing Accreditation - Institutions seeking reaccreditation shall be responsible for all fees associated with the accreditation process. Such fees include, but are not limited to: the accreditation visit team travel, hotel accommodations, meal per diem, printing, and postage.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 2.4 Reports Required of All Practical Nursing Programs

A. The practical nursing program must submit an annual report, located on the Mississippi Community College website, to verify compliance with identified components of the accreditation standard. The components will include, but are not limited to: admission and retention data, faculty-to-student ratios, and NCLEX-PN® pass rates on all test takers (1 st- write and repeat). The annual report is due to the Board PN Education Program Director on or before October

th of each year. B. If a program fails to submit the annual report or make prior arrangement for submitting late, a letter of concern will be mailed to the College President and Program Administrator. In addition, a copy of the letter will be placed in the program’s file. C. The Board may require additional documentation as needed to verify ongoing compliance with accreditation standards. Audits verifying the accuracy of information presented in reports and general compliance with state standards may be conducted as deemed necessary by the Board. D. New program directors/administrators should contact MCCB Director for Career and Technical Education to receive a user name and password to access the Practical Nursing (PN) Annual Reporting System.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 2.5 Changes in Existing Practical Nursing Programs

A. Practical Nursing Programs desiring to make changes to an existing program shall request and receive approval from the Board PN Education Program Director in writing before a change is made. Only programs in full approval status may make requests to establish an additional practical nursing program location, expand, or relocate an existing practical nursing program.

B. Board approval is required prior to the following changes occurring to an existing practical nursing program, but is not limited to:

1. Significant alternations in the pattern of organization 2) Establishing an additional practical nursing location 3) Relocating an existing practical nursing program or any of its components 4) Expanding or changing the current program options 5) Substantial change in program delivery modalities 6) Pilot programs/projects that differ from the current approved program

C. Substantive Change Notification

a. Practical Nursing Programs are required to notify the Board, in writing, of any substantive changes affecting the nursing program. Substantive changes include, but are not limited to: 1) Changes in ownership of a practical nursing program 2) Change in the Director/Administrator 3) A change in accreditation status by an accrediting body, to include national accrediting agency or the accreditation status of the sponsoring institution shall be submitted in writing to the Board within thirty (30) business days of notification 4) A change in the name of the program shall be submitted in writing to the Board within thirty (30) business days of the change 5) Significant decrease in resources required to support the program 6) Substantial revision of the curriculum 7) Discontinuation of a practical nursing program

D. If the decision is made, by the Program or College, to discontinue the program, the disposition of all students’ permanent transcripts and final records shall be made in accordance with institutional policy. a. An institution desiring to reopen a practical nursing program shall reapply for approval of the newly planned program as if it were establishing a new practical nursing program pursuant to Rule 2.6 in this chapter.

E. A program intending to close shall submit the following information: a. Reason for closing the program. b. Date of the intended closure. c. Academic provisions for the students. d. Provisions made for access to and storage of vital school records.

30 Miss. Admin. Code Pt. 2865, R. 2.6 Approval for Establishment of a New Practical Nursing Program and Criteria for Accreditation

A. In addition to compliance with these rules, any institution seeking approval to begin a practical nursing program must meet the minimum prescribed requirements as outlined in the Mississippi Curriculum Framework for Post- Secondary Practical Nursing, as maintained by the Mississippi Community College Board. B. Institutions applying to the Board to establish a practical nursing program in Mississippi shall apply using the forms supplied by the Board. C. An application for Stage I: Declaration of Intent must be received in advance of the proposed opening of a new program site. All institutions and facilities attempting to establish a program of practical nursing shall be visited by designated Board staff or the and evaluated by those persons selected to serve on the accreditation site visit team. The program must meet all the criteria as specified in “Criteria for Establishing a Program of Practical Nursing in Mississippi.” Practical nursing programs may not award a practical nursing program certificate prior to approval by the Board. D. If the program has been closed for five (5) years or more, the program will apply

for reinstatement to the PN Director and a visit by the PN Director will be performed.

Part 2865, Chapter 3: Standards and Criteria for State Accreditation with Required Documentary Evidence

30 Miss. Admin. Code Pt. 2865, R. 3.1 Rule 3.1

Standards must be met by all programs of practical nursing in Mississippi, including those programs that are nationally accredited.

Rule 3.2: Governance.

A. The program’s mission, program outcomes, and policies are congruent with those of the governing organization. The practical nursing program must be administered by a director/administrator who is academically and experientially qualified. 1) The mission and program outcomes for the practical nursing program are consistent with the mission of the governing organization. 2) The policies of the practical nursing program are congruent with the policies of the governing organization or differences are justified. 3) There is a clearly defined organizational chart that demonstrates channels of communication between administration of the governing organization and practical nursing faculty. 4) The practical nursing program must be administrated by a director/administrator with credentials verifying his/her legal active status as a registered nurse with an unencumbered license to practice in Mississippi and must: (a) Hold a minimum of a Bachelor’s Degree in Nursing, (b) Have five (5) years clinical experience working as a registered nurse; or three (3) years’ experience as faculty in a nursing/allied health program (c) Satisfy clinical agency requirements (if responsibilities include direct clinical supervision of students), i.e., background checks, immunizations, CPR, etc. 5) Job/position descriptions delineate qualifications and responsibilities of the practical nursing director/administrator. 6) The practical nursing director/administrator has the authority and responsibility for the development and administration of the program and has adequate time and resources to fulfill the role. 7) The practical nursing director/administrator must comply with any Continuing Education requirements as stated by the Mississippi Board of Nursing, if indicated. 8) The director/administrator, faculty, and students of the practical nursing program have an opportunity to participate in the activities of the governing organization. 9) Distance education, when utilized, is congruent with the mission of

the governing organization and the mission/philosophy of the nursing education unit.

B. Required Documentation. Documentation shall be available for inspection by the Board or Board’s designee. 1) Provide a copy of the mission of the practical nursing program. 2) Provide a copy of the mission of the governing organization. 3) Provide faculty/staff meetings minutes that reflect that the practical nursing program’s mission is reviewed and revised as needed. 4) Provide a copy of the practical nursing program outcomes/goals. 5) Provide a copy of the governing organizations handbooks that demonstrates the policies affecting practical nursing program are non- discriminatory and are the same as for other programs. Provide justification for any differences. (A table that outlines this information is acceptable) 6) Provide an organizational chart of the parent/governing organization. 7) Provide the personnel file for the practical nursing director/administrator. The following items should be included, in the file: (a) Official college transcript (b) Verification of unencumbered registered nurse license to practice in Mississippi. 8) Curriculum vita (CV) reflecting that director/administrator has a minimum of five (5) years clinical experience as a registered nurse or has three (3) years of experience as faculty in a nursing/allied health program. 9) Clinical agency requirements, i.e., background checks, immunizations, CPR, etc. 10) Provide a job description for the practical nursing program director/administrator that outlines qualifications, licensure requirements, and job responsibilities 11) Provide roster of committees, faculty/staff meeting minutes, or any other evidence that reflects director/administrator, faculty, and students of the practical nursing program participation in activities of the governing organization. 12) Provide documentation of successful completion of Board approved Continuing Education activities, if indicated.

Rule 3.3: Faculty and Staff. Practical nursing faculty and staff are academically and experientially qualified. The number of qualified faculty and staff provides for the achievement of student learning and program outcomes.

A. Practical nursing faculty (full-time, part-time, and adjunct) must have an unencumbered registered nurse license to practice in Mississippi and must: 1) Hold a minimum of an Associate’s Degree in Nursing. 2) Have three (3) years clinical experience working as a registered nurse; or

have two (2) years’ experience as faculty in a nursing/allied health program 3) Satisfy clinical agency requirements, i.e., background checks, immunizations, CPR, etc. B. Practical nursing faculty members (full-time, part-time, and adjunct) participate in professional development activities that support evidenced-based practice in the classroom and clinical setting. C. Practical nursing faculty members (full-time, part-time, and adjunct) are evaluated according to the governing organization’s policies, and evaluation data is used for professional development. D. Practical nursing faculty-to-student ratios in the classroom and clinical setting shall be appropriate to meet the student learning outcomes of the program. 1) Total enrollment in each practical nursing program is limited to 15 students per one FTE qualified nursing faculty. 2) Faculty-to-student ratio in the classroom and campus lab is no more than 1 to 15. 3) Faculty-to-student ratio in clinical settings requiring direct supervision is no more than 1 to 10; precepted clinical experiences is no more than 1 to 15. E. Clinical preceptors should have an active unencumbered nursing license to practice in Mississippi and at minimum, one year of nursing experience. F. Support staff is available, qualified, and sufficient in number to support the student learning and program outcomes. G. Administrative/clerical support is provided to support the achievement of student learning and program outcomes. H. The practical nursing faculty members must comply with any Continuing Education requirements as indicated by the Mississippi Board of Nursing, if indicated. I. Required Documentation. Documentation shall be available for inspection by the Board or Board’s designee. 1) Provide a personnel file for each faculty (full-time, part-time, and adjunct). The following items should be included in the file: (a) Verification of unencumbered registered nurse license to practice in Mississippi. (b) CV reflecting that faculty has a minimum of three (3) years clinical experience as a registered nurse or has two (2) years of experience as faculty in a nursing/allied health program. (c) Clinical agency requirements, i.e., background checks, immunizations, CPR, etc. (d) Official college transcript. 2) Provide copies of the faculty members’ professional development plan that reflects information from evaluations. 3) Provide evidence, such as conference registrations, academic transcripts, sign-in sheets, committee lists, etc. that show practical nursing faculty engage in professional development activities which may include, but are not limited to,

participation in: (a) Evidenced-based practice activities related to professional nursing development (b) Nursing conferences (c) Webinars (d) Advanced nursing education (e) College provided professional development (f) College committees (g) Institutional effectiveness (h) Student advisement and support (i) Health care facilities professional development and education 4) Provide class rolls, clinical groupings, lab assignments, etc., that document the following: a) Total enrollment in each practical nursing program is limited to 15 students per one FTE qualified nursing faculty. b) Faculty- to- student ratio in the classroom and campus lab is no more than 1 to 15. c) Faculty- to- student ratio in clinical experiences requiring direct supervision is no more than 1 to 10; precepted clinical experiences is no more than 1 to 15. 5) Preceptor: a) Verification of unencumbered nursing licensure to practice in Mississippi. b) Employee verification reflecting the preceptor has a minimum of one (1) year clinical experience as a nurse. 6) Provide names and credentials of administrative/clerical and support staff, as well as an explanation, such as schedule, etc., to show how staff is available and sufficient in number to support the student learning and program outcomes. 7) Provide documentation of successful completion of Board approved Continuing Education activities, if indicated.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).
• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).
• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 3.4 Students

The policies of the practical nursing program and services available to practical nursing students support student learning and program outcomes. Policies in effect for practical nursing students are nondiscriminatory, consistent with those in effect for all students enrolled in the governing organization, or differences are justified.

A. Each practical nursing program shall be permitted a 15% allowance for high risk students who do not meet the stated admission criteria. B. Support services for practical nursing students shall be consistent with those available for all students enrolled in the governing organization. C. Educational and financial records for practical nursing students shall be in compliance with the policies of the governing organization, state, and

federal guidelines. D. Practical nursing program information shall be accurate, clearly stated, published, and made available to current and prospective students. Such information shall include, but is not limited to: 1) Admission criteria 2) Withdrawal process 3) Readmission process 4) Progression requirements 5) Graduation requirements 6) Legal limitations for licensure 7) Policy regarding granting credit for prior learning E. Changes in the practical nursing program’s policies, procedures, or guidelines shall be communicated in a clear and timely manner. F. There shall be a written procedure to address student complaints that includes evidence of due process and resolution of complaints.

G. Required Documentation. Documentation shall be available for inspection by the Board or Board’s designee. 1) Provide a current web address for the practical nursing program 2) Provide access to the institution’s student handbook 3) Provide access to the practical nursing handbook 4) Provide a table showing any differences in policies between practical nursing students and all students enrolled in the governing organization along with the justification for such differences 5) Provide the practical nursing program admission criteria 6) Provide the student selection process for program admission 7) Provide evidence of applicant admissions to the practical nursing program 8) Provide a listing of high-risk students that were admitted into the program. 9) Provide evidence (student handbook, institution handbook) that practical nursing students have access to the same student services as those available to all students in the governing organization (counseling, library, labs, etc.) 10) Provide evidence regarding the maintenance of educational and financial records. (programs, admissions, financial aid, etc.) 11) Provide evidence of the following and show how the information is available to current and prospective practical nursing students: (a) Admission criteria (b) Withdrawal process (c) Readmission process (d) Progression requirements (e) Graduation requirements (f) Legal limitations for licensure 12) Provide evidence of the practical nursing program’s process to grant credit for any prior learning. State the courses involved and the procedure for granting this credit. 13) Provide evidence of the practical nursing program’s grievance policy regarding student complaints.

14. Provide access to distance (hybrid) education policies.

30 Miss. Admin. Code Pt. 2865, R. 3.5 Curriculum

The program of learning utilizes the Mississippi Curriculum Framework for Post-Secondary Practical Nursing for the achievement of student learning and program outcomes.

A. The program of learning meets the requirements of the Mississippi Curriculum Framework for Post-Secondary Practical Nursing and is organized so that knowledge and skills are progressively developed. B. The curriculum is regularly reviewed by faculty, and faculty participate in curriculum development, implementation, and revision at the state and individual program level. C. A variety of evaluation methods are used by faculty for the purpose of measuring achievement of student learning outcomes. D. Learning experiences and methods of instruction for theory, campus lab, and clinical lab are selected by the faculty to support the achievement of student learning and program outcomes. E. Affiliation agreements exist between the governing organization and the clinical agencies.

F. Required Documentation: 1) Provide evidence that the program of learning is organized so that knowledge and skills progress from simple to complex, and that the faculty are a part of curriculum implementation and development. 2) Provide evidence that each course syllabus includes, but is not limited to: (a) Competencies and objectives that support the Mississippi Curriculum Framework for Post-Secondary Practical Nursing. (b) A variety of learning experiences and instructional and evaluation methods that promote and measure achievement of student learning outcomes. 3) Courses that include clinical instruction will provide clinical experiences to support the achievement 4) Provide evidence that affiliation agreements with all clinical agencies used for clinical education are reviewed periodically, revised as needed, and include the following: (a) Termination clauses. (b) Appropriate signatures and dates. (c) Contains language designating faculty responsibility for students and for the selection of student learning experiences. 5) Provide evidence that students and faculty evaluate clinical agencies and that the evaluation data is used to support the achievement of student learning and program outcomes.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 3.6 Resources

Resources for the practical nursing program shall be sufficient to support the achievement of student learning and program outcomes.

A. Fiscal resources shall be sufficient to achieve student learning and program outcomes. B. Faculty salaries shall be sufficient to recruit and retain qualified nursing faculty. C. Physical facilities shall be adequate for achievement of the student learning and program outcomes. D. Learning resources shall be comprehensive, current, and accessible to students and faculty. Learning resources shall include, but are not limited to: 1) Library Resources 2) Computer Labs 3) Campus Labs

E. Required Documentation. Documentation shall be available for inspection by the Board or Board’s designee. 1) Provide a copy of the practical nursing program budget and one other healthcare program budget for comparison. 2) Provide a copy of the institution’s practical nursing faculty salary scale as well as the institution’s salary scale for another faculty 3) Provide the number of practical nursing faculty vacancies, applicants, and turnover rates for the past three years. 4) Provide description of physical facilities. 5) Provide description of learning resources.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 3.7 Outcomes

Evaluation of the practical nursing program shall be ongoing, systematic and demonstrate achievement of student learning and program outcomes.

A. Systematic evaluation of the practical nursing program shall demonstrate assessment and evaluation of student learning outcomes. B. Program outcome achievement is demonstrated by: 1) Licensure exam passage rates: the program’s three-year mean on NCLEX-PN® for all test takers shall be at or above the national average 2) Program completion rates: expected levels of achievement are determined by faculty and reflect program demographics and local program options. The three-year mean for program completion must be at or above the identified expected level of achievement. 3) Program satisfaction: expected levels of achievement are determined by faculty and include quantitative and qualitative data that addresses graduate satisfaction measures. The three-year mean for program satisfaction must be at or above the identified expected level of achievement for graduates.

4. Job placement rates: expected levels of achievement are determined by faculty and are based on current employment patterns and trends. The three-year mean for job placement must be at or above the identified expected level of achievement.

C. Required Documentation. Documentation shall be available for inspection by the Board or Board’s designee. 1) Provide evidence that the systematic evaluation plan includes: a) Expected levels of achievement, time frames, and assessment methods for each criterion b) Data has been collected, analyzed, aggregated, and trended c) Evidence that evaluation findings are used for program improvement 2) Provide evidence that levels of achievement have been established and measured for licensure examination pass rates, program completion rates, program satisfaction, and job placement rates. 3) Provide evidence that faculty meeting minutes reflect faculty input into the systematic evaluation plan and program improvement or revisions based on results of data collection. 4) Provide graduate surveys.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 3.8 Additional materials required during Initial/State Accreditation Visit

A. Documentation of current accreditation status to include the previous Accreditation Team Report, progress reports, etc. B. Current college catalog and student manual/information brochures. C. Program Director/Administrator and Practical Nursing Instructor job descriptions, personnel policies and procedures (hard copy or online access) D. Faculty credentials available for review (hard copy or online access) E. Faculty profile sheet or faculty dossier F. Documentation of FTE to student ratios, i.e. class rolls, etc. G. Faculty, committee, and advisory committee meeting minutes H. Student handbook I. Organization charts for the college, program J. Course syllabi, test samples, evaluations tools used in theory, lab, and clinical K. Systematic Plan for Evaluation of the Program (SPEP) based on the PN Standards L. Program evaluations from graduates M. Class, clinical, and lab schedules N. Documentation of graduate placement O. Clinical Education Agreements (old clinical affiliate agreements) P. Documentation of clinical agencies accreditation Q. Documentation of NCLEX-PN® pass rates for the past three reporting years to include current year (reports provided by Board of Nursing, spreadsheets, etc.) R. Access to student complaints reports, anecdotal reports if applicable S. Any other documentation that may be needed to amplify and verify the report

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 3.9 Plan of Compliance

A. A Plan of Compliance may be submitted to the Board in a format selected by the college (narrative, spreadsheet, etc.). The Corrective Action Plan must include the following: (1) state the noncompliant criterion sited; (2) provide a sufficient remedy for each noncompliant criterion detailing a description of the corrective action to be taken; and (3) provide supporting documentation. A timeframe for the implementation of the correction action would be helpful, but not a requirement.

Part 2865, Chapter 4: Hybrid Educational Option Rule 4.1 Criteria for Hybrid Option A. Approval is required from the Board prior to implementation of the program. (See Rule 2.5). B. The program must be located within the State of Mississippi in order to seek permission to offer hybrid education. C. Congruence with the mission of the governing organization. D. Programs must currently have a full approval accreditation status prior to implementation. E. Adequate resources must be available to support the distance education technology and to provide training to faculty to ensure that they have expertise in the utilization of distance learning technologies and that they are able to adapt their teaching methods accordingly. F. Provide students with equal access to learning resources, student services, nursing faculty, and other support services offered to students on campus. G. Clinical and lab must occur through traditional experience (faculty-guided experiences with direct client contact). Clinical and lab cannot be included as part of the hybrid education experience. H. Ongoing evaluation of the course(s) by faculty and students. I. Student outcomes consistent with stated mission, goals, and objectives of the program.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 5.1 Criteria for Simulation

A. Practical nursing programs may include the use of simulation as a substitute for traditional clinical experience. Simulation may replace clinical practice up to 25%, with a practice ratio of 1:1. 1) In the following specialty area where clinical is limited, (i.e. Mental Health, Maternal, Pediatrics only) the amount of simulation may exceed 25%. 2) Simulation clinical hours practice shall not exceed a ratio of 1:1 (one hour of simulation equals one hour of hands-on practice). 3) Clinical simulation experience shall not exceed a student-to-faculty ratio of 10:1. 4) Clinical simulation must be led by faculty who meet the qualifications specified in Rule 3.3. 5) To meet the curriculum and course objectives, provide a simulation environment with adequate faculty, space, equipment, and supplies that simulate realistic clinical experiences.

B. Nursing programs using simulation as a substitution for clinical experiences, shall have the following documentation available: 1) Number of simulated hours. 2) Faculty qualification (documentation of competencies in simulation and debriefing). 3) Faculty and student evaluation of simulated experiences. 4) Course description and objectives. 5) Method of debriefing. 6) Evidence the space, equipment, and supplies are adequate to meet the clinical objectives. 7) Provide information about the use of simulation, as requested by the Mississippi Board of Nursing on the annual report.

Part 2865, Chapter 6: Established Programs.

30 Miss. Admin. Code Pt. 2865, R. 6.1 Types of State Accreditation for Mississippi Practical Nurse Programs approved by the Mississippi Board of Nursing

A. Full State Accreditation: 1) All standards are met; however, areas for improvement may be delineated. 2) Full accreditation is for 8 (eight) years. B. Provisional State Accreditation: 1) One or two standards have not been met. 2) A Plan of Compliance for meeting standard(s) must be submitted within sixty (60) business days of the date of the Board accreditation recommendation. 3) Provisional Accreditation will be granted for a period of twenty-four (24)

months, with a required follow-up report. A revisit may be required at the discretion of the Board. 4) If the practical nursing program demonstrates compliance with all standards at the end of the provisional accreditation period, the program will be accredited for the full 8 (eight) years from the date of the original accreditation visit. C. Probationary State Accreditation: 1) Three or more standards have not been met. 2) A plan of compliance for meeting standards must be submitted within sixty (60) business days of the date of the Board accreditation recommendation. 3) Probationary accreditation will be granted for a period of twenty-four (24) months with a required revisit at the end of the probationary accreditation period. 4) If the practical nursing program demonstrates compliance with all standards at the end of the probationary period, the program will be accredited for the full (8) eight years from the date of the original accreditation visit. D. Withdrawal of State Accreditation: If the institution has not complied with all requirements within the twenty-four (24) months, accreditation will be withdrawn at the time of completion of the presently enrolled classes.

E. Practical nursing programs that lose state accreditation may reapply for state accreditation as a newly established program one year from the effective date of withdrawal.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 6.2 Appeals Process

A. An institution wishing to appeal factual errors in the Accreditation Team’s Preliminary Report must submit a written statement and supporting documentation to the Board PN Education Program Director within (14) fourteen business days of the date of the accreditation team’s exit interview. B. An institution wishing to appeal the decision of the Board, regarding accreditation status, shall do so in writing within (30) thirty business days of the date of the Board’s decision. C. When the Board PN Education Program Director receives a request for an appeal: 1) An Appeals Panel shall be convened within six (6) weeks of the request for an appeal. 2) The Appeals Panel will consist of five (5) people who have knowledge of practical nursing program accreditation purposes and procedures. 3) A chair of the Appeals Panel will be designated by the Board PN Education Program Director. 4) The program filing the appeal may request in writing that any member of the Appeals Panel be removed, provided the program can show good cause as to why the member should be removed.

D. Only evidence previously submitted to the Board may be included in a submission to the Appeals Panel. Following oral presentation (if any) and the Panel’s consideration of the appeal, the Appeals Panel will determine the outcome of each appeal by a majority vote. E. The Appeals Panel can either uphold the decision of the Board or remand to the Board for reconsideration. 1) If the Appeals Panel upholds the decision of the Board, the action of the Appeals Panel is final, pending approval by the Full Membership of the Board. The institution shall be notified of the decision. 2) If the Appeals Panel remands the case to the Board for further consideration, the matter shall be deemed to be finally disposed of when the Board takes final action on remand.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 6.3 Accreditation Process

A. General Provisions. 1) Each practical nursing program in Mississippi will be visited by an accreditation site team every eight (8) years, or more often if necessary. 2) Each program will submit four (4) Self-Study Reports to the Board PN Education Program Director, at least six (6) weeks prior to any scheduled state accreditation visit. Failure to submit at least six (6) weeks prior to the scheduled state accreditation visit, can result in a delay scheduling the accreditation site visit. 3) If the practical nursing program receives national accreditation, the self-study for the national accreditation can be submitted in place of the state’s self-study, if completed within the past twelve months. The self- study for national accreditation must be cross referenced with the state’s accreditation standards. Failure to cross reference the standards can result in the accreditation visit being rescheduled. 4) The state’s accreditation visit will not be made at the same time as a national accreditation visit, unless requested by the program director; however, the program may request that the Board PN Education Program Director be present during the national accreditation visit. 5) The full membership of the Mississippi Board of Nursing will approve or deny accreditation of a practical nursing program based on the accreditation visit team’s final report of findings and recommendation of accreditation status.

B. Responsibilities of the Board Prior to Accreditation Visit. The Board PN Education Program Director shall: 1) Confirm with the institution’s president and administrator, the scheduled dates of the accreditation visit for that school. Accreditation visits will be made when the school is in session. 2) Select accreditation team members and appoint one member of the team to serve as chair. The accreditation team is selected by Board PN Education

Program Director. The typical composition of an accreditation team consists of Board staff and three (3) members from the practical nursing education community. The team should include at least one (1) practical nursing director/administrator. Past or present administrators and faculty of the nursing program being evaluated will not serve on the accreditation team for their own program. If a practical nursing director/administrator of the school being visited objects to a particular team member with just cause, the administrator may appeal to the Board PN Education Program Director. 3) Submit the following to the institution: (a) Accreditation Standards and Rules and Regulations for Accreditation of Mississippi Programs of Practical Nursing. (b) The names of prospective accreditation site team members. (c) The name of the chair of the accreditation site visit team. 4) Submit the following to the accreditation team members: (a) All documents submitted by the institution that pertain to the accreditation visit, including but not limited to, the self-study, program reports, college catalog, program handbook. (b) Accreditation Standards and Rules and Regulations for Accreditation of Mississippi Programs of Practical Nursing.

C. Responsibilities of the Institution Prior to Accreditation Visit. The director/administrator of the practical nursing program of the institution shall: 1) Plan and schedule all activities of the accreditation visit on the dates determined by Board PN Education Program Director. 2) Submit the program’s Self-Study Report to the Board PN Education Program Director at least six (6) weeks prior to the scheduled visit. 3) Collaborate with the accreditation team chair to plan the agenda for the accreditation visit. 4) Reserve hotel rooms for the Accreditation Team (4) four to (6) six weeks prior to the scheduled visit. 5) Make provisions for the Accreditation Team meals and travel reimbursement.

D. Responsibilities of the Accreditation Team. After the dates for the accreditation visit have been set and the accreditation team has been selected: 1) Each accreditation team member is expected to be knowledgeable about the accreditation process, the “Standards for Accreditation,” and the “Rules and Regulations for Accreditation of Mississippi Programs of Practical Nursing”. 2) The accreditation team works together to share responsibility for all aspects of the visit. 3) The accreditation team chair’s responsibilities include: (a) Communicating with the practical nursing program director/administrator regarding major planning for the visit. (b) Allocating responsibilities for various activities, prior to the accreditation visit, to assure optimum utilization of team members. (c) Ensuring adequate coverage of all areas during the visit, including interviews or conferences with essential personnel. (d) Acting as the official spokesperson for the accreditation team.

(e) Requesting any additional materials as needed from the practical nursing director/ administrator during the accreditation visit. (f) Meeting with the practical nursing director/administrator prior to reading the preliminary report at the exit interview. (g) Reading the preliminary report at the exit interview to the practical nursing director/administrator, faculty, staff, students and administrators that may be in attendance. The chair may share the responsibility of reading the report among the accreditation team members. 4) The accreditation team members’ responsibilities include: (a) Reviewing the Self-Study Report and supporting documents, prior to the accreditation visit to become thoroughly knowledgeable with the assigned portions of content. (b) Meeting on the evening prior to the accreditation visit to discuss Self- Study Report and to outline the procedures to be followed during the visit. The practical nursing program is not responsible for hosting this meeting. (c) Answering any questions regarding assigned portions of accreditation visit and Self-Study Report posed by the practical nursing director/administrator and administrative personnel. 5) The accreditation team’s role during the accreditation visit is to verify, clarify, and amplify the information submitted by the practical nursing program in relation to the state standards for accreditation. 6) Each aspect of the program must be evaluated only in terms of the evidence presented as it relates to the standards for accreditation.

E. Conducting the Accreditation Visit. In conducting the accreditation visit, every effort is made to not interrupt the ongoing daily activities of the institution. 1) When planning the agenda and activities involved in the accreditation visit: (a) The accreditation team ensures that any adjustments to the schedule are done at the convenience of the college whenever feasible. (b) The agenda includes time set aside each day for the accreditation team to review the various materials and appropriate records. (c) The agenda includes time on the second day for the accreditation team to compile the preliminary report

(d) The institution shall plan the following activities to take place during the visit for the accreditation team: 1. Preliminary, interim, and closing conferences with faculty; administrative officers of the institution; 2. Observations in selected clinical settings to observe and talk with students; 3. Tours of the classroom and laboratory space; 4. Conferences with nursing students; 5. Visits to appropriate college facilities (e) Accreditation team members should not request materials from the college for personal use. Only materials needed to supplement the self- study or follow-up report should be requested.

F. Preparing the Accreditation Team’s Preliminary and Final Report. 1) The preliminary report is a report of each team member’s accreditation visit findings and is: (a) Drafted by the chair of the accreditation team before the team leaves the accreditation visit. (b) To be read and discussed by the accreditation team members with the practical nursing director/administrator prior to reading the report to the faculty and administrators. (c) The preliminary report will be read by the chair at the exit interview to the practical nursing director/administrator, faculty, staff, students and administrators that may be in attendance. The chair may share the responsibility of reading the report among the accreditation team members. 2) The accreditation team’s Final Report must be submitted to Board PN Education Program Director within fourteen (14) business days after the conclusion of the accreditation visit and should: (a) Assure that the accreditation team’s report supplements and complements the program’s self-study. (b) Clarify questionable areas of the practical nursing program’s Self-Study or follow-up report. (c) Present a concise, unbiased, and complete picture of each practical nursing program that includes documentary evidence of meeting or not meeting state standards for accreditation and an assessment of the strengths and areas needing development. (d) The Accreditation Team’s Final Report which includes a recommendation for accreditation will be submitted to the full membership of the Mississippi Board of Nursing for a decision of accreditation status during a full Board Hearing.

Part 2865, Chapter 7: Criteria for Establishing a Program of Practical Nursing in the State of Mississippi

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 7.1 Types of Accreditation for Mississippi Practical Nurse Programs approved by the Mississippi Board of Nursing

A. Any institution seeking approval to establish a practical nursing program, in the state of Mississippi must: 1) Agree to be governed by the rules and regulations of the Board with regard to Standards for Practical Nursing Accreditation, 2) Meet the minimum prescribed requirements as outlined in the Mississippi Curriculum Framework for Post-Secondary Practical Nursing, 3) Pay the $2,500 non-refundable fee assessed to institutions seeking program approval, 4) Be responsible for all fees associated with the accreditation process. Such fees include, but are not limited to: the accreditation visit team travel, hotel accommodations, meal per diem, printing, and postage. 5) Successfully complete all three stages of accreditation. B. Stages of Accreditation: 1) Stage 1: Declaration of Intent. 2) Stage II: Qualify for Initial Accreditation. Upon approval of Initial Accreditation, an institution may admit students. 3) Stage III: Qualify for Full Accreditation. C. All stages of accreditation require completion of official Board applications.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 7.2 Stage 1: Declaration of Intent

A. Any institution considering the establishment of a practical nursing program shall: 1) Request consultation from the Board PN Education Program Director. 2) Establish a local advisory committee and submit evidence of advisory committee involvement in the planning process. Advisory committee members should include representation from: (a) Practical nursing education, (b) Nursing services, (c) Healthcare facilities, (d) Educational agencies, and (e) Community at large. 3) Provide evidence of consult with practical nursing directors/administrators who are involved in the administration of accredited practical nursing programs.

4. At least six (6) months prior to the proposed opening of the program, submit to the Board PN Education Program Director, the following: (a) Application for Stage I: Declaration of Intent. (b) Submit $2,500 non-refundable assessment fee (c) Current institution catalog or electronic access to current catalog. (d) Determination of availability of qualified faculty. (e) Tentative timetable for initiating the proposed practical nursing program. (f) Certificate of registration and an agent’s permit, as required by Mississippi Community College Office of Proprietary Schools. (g) Source of potential students and enrollment projections. (h) Need and feasibility study (should include impact in community and purpose for establishing new program). (i) Tentative budget plan including evidence of financial sustainability to plan, implement, and continue the nursing program. (j) Determination of availability of clinical agencies.

5. United States Department of Education Agency Accreditation (a) Any institution seeking approval for the establishment of a New Practical Nursing Program in the state of Mississippi must provide proof of current unencumbered accreditation by an accrediting agency recognized/authorized by the United States Department of Education. The institution must provide the Board with the documentation of accreditation status as part of the Declaration of Intent. The Declaration of Intent is the First Stage of the process for establishing a new practical nursing program. (b) If the institution’s United States Department of Education agency accreditation status is suspended or terminated for any reason, the practical nursing program’s accreditation will be withdrawn at the completion of the presently enrolled class. Practical nursing programs that lose state accreditation may reapply for state accreditation as a newly established program (1) one year from the effective date of withdrawal.

B. Upon receipt of the above documents and information, the Board PN Education Program Director shall: 1) Review the application and supporting documents. 2) Submit the Application for Stage I: Declaration of Intent to the full membership of the Mississippi Board of Nursing for a decision of approval or denial. 3) Send a letter informing the institution of the Board’s decision explaining the following: (a) Decision of approval - Upon approval of Stage I: Declaration of Intent, an institution may proceed to Stage II: Qualify for Initial Accreditation. (b) Decision of denial - Upon denial of Stage I: Declaration of Intent, an institution may consult with Board PN Education Program

Director regarding the reasons for denial. The institution may revise its plan and resubmit to the Board or abandon its intention to establish a practical nursing program. (c) If the institution abandons the intent to establish a practical nursing program, the $2,500 is nonrefundable.

History

• Source: Miss. Code Ann. §§ 73-15-25, 73-15-27 (1972, as amended).

30 Miss. Admin. Code Pt. 2865, R. 7.3 Stage II: Qualify for Initial Accreditation

A. Following approval of Stage I: Declaration of Intent by the full membership of the Mississippi Board of Nursing, the institution may apply for Stage II: Qualify for Initial Accreditation. The institution shall: 1) Employ a practical nursing program director/administrator with qualifications outlined in the Standards of Accreditation. 2) Submit four Self-Study Reports addressing the Standards for Practical Nursing Accreditation. B. Following receipt of the above items, the Board PN Education Program Director shall appoint an accreditation team. 1) An accreditation team shall consist of the Board PN Education Program Director and three (3) practical nursing directors/administrators who have experience as accreditation team members. 2) The accreditation team shall review the Self-Study Report, supporting documents and other documents submitted in Stage I: Declaration of Intent. 3) The accreditation team will conduct an accreditation visit of the institution to amplify, clarify, and verify the information submitted in the Self-Study Report. The visit will be conducted at a time agreed on by both the Board and the institution seeking approval. 4) The accreditation team and/or chair will submit the Final Report and recommendation of accreditation status to the Board PN Education Program Director within fourteen (14) days following the accreditation visit.

C. After review of the final report, the Board PN Education Program Director shall: 1) Submit the accreditation team’s Final Report and recommendation of accreditation status to the full membership of the Mississippi Board of Nursing for either approval or denial of Stage II: Qualify for Initial Accreditation. 2) Send a letter informing the institution of the Board’s decision explaining the following: (a) Decision of approval: Allows the institution to admit students. Institutions may admit a maximum of two (2) classes per calendar year until full accreditation is granted by the Board. (b) Decision of denial: Upon denial of Stage II: Application for Initial Accreditation, the institution: i. May NOT admit students.

ii. May revise and resubmit the Self-Study Report to reflect corrections of standards/criteria that were found to be non- compliant as noted in the Final Report. iii. Revised Self-Study Report must be received within six (6) months of the date of denial. The institution’s application for Stage II: Qualify for Initial Accreditation will be terminated if the revised Self-Study Report is not received within the six (6) month period. iv. If an institution’s Application for Stage II: Qualify for Initial Accreditation expires or is withdrawn, the institution may re- apply by starting over the entire process of establishing a new practical nursing program beginning with Stage I: Declaration of Intent. All applications, forms, information, fees, etc., must be resubmitted in entirety. v. The revised Self-Study Report, if submitted, is reviewed by the Board PN Education Program Director and the accreditation team to determine if areas of non-compliance have been corrected. A determination will be made regarding if an accreditation visit is required. vi. Following review of the revised Self-Study Report, and accreditation visit, if deemed necessary, the accreditation team shall submit a Final Report and recommendation of accreditation status to the Board PN Education Program Director. vii. After review of the accreditation team’s Final Report and recommendation of accreditation status, the Board PN Education Program Director shall submit the accreditation team’s Final Report and recommendation of accreditation status to the full membership of the Mississippi Board of Nursing for either approval or denial of Stage II: Qualify for Initial Accreditation. viii. The Board PN Education Program Director will send a letter to the institution informing them of the decision of the Board explaining the following: i. Decision of approval: Allows the institution to admit students. Institutions may admit a maximum of two (2) classes per calendar year until full accreditation is granted by the Board. ii. Decision of denial: Upon a second denial of Stage II: Qualify for Initial Accreditation, the institution’s application is terminated. The institution must wait a period of one (1) year before starting over the entire process of establishing a new practical nursing program beginning with Stage I: Declaration of Intent. All applications, forms, formation, fees, etc., must be resubmitted in entirety.

30 Miss. Admin. Code Pt. 2865, R. 7.4 Qualify for Full Accreditation

A. Following approval of Stage II: Qualify for Initial Accreditation by the full membership of the Mississippi Board of Nursing, the institution may apply for Stage III: Qualify for Full Accreditation. 1) The institution shall be responsible for notifying the Board prior to the beginning of the final term of the second graduating class to schedule an accreditation visit. 2) The institution must submit the application for Stage III: Qualify for Full Accreditation and a current Self-Study to the Board PN Education Program Director no later than six (6) weeks prior to the accreditation visit. 3) The accreditation team chair will submit the Final Report and recommendation of accreditation status to the Board PN Education Program Director within fourteen (14) days following the Accreditation visit. 4) In order for a program to be granted full accreditation: (a) All accreditation standards and criteria must have been met. (b) Performance on the first write of the NCLEX-PN® licensing exam by 90% of graduates in the first graduating class is at or above the national mean. B. After review of the final report, the Board PN Education Program Director shall: 1) Submit the accreditation team’s Final Report and recommendation of accreditation status to the full membership of the Mississippi Board of Nursing for either approval or denial of Stage III: Qualify for Full Accreditation. 2) Send a letter informing the institution of the Board’s decision explaining the following: (a) Decision of approval: the institution receives full accreditation for five (5) years. (b) Decision of Denial –the institution will remain on initial accreditation. Board Staff will provide a copy of the site team members’ written report and recommendation of accreditation status to the institution. i. A plan of compliance based on identified areas of noncompliance must be received by the Board within 30 (thirty) business days of receipt of the Board’s decision of denial. ii. Admission privileges will be suspended until a plan of compliance has been submitted and approved. The program will have two (2) years to achieve full accreditation status after approval of plan of improvement or the institution may re-apply by starting the entire process of Establishing a New Practical Nursing Program over beginning with Stage I: Declaration of Intent. All applications, forms, information, fees, etc., must be resubmitted in entirety.

Part 2870 Definitions

30 Miss. Admin. Code Pt. 2870 Definitions

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Title 30: Professions and Occupations

Part 2870 Definitions

Part 2870 Chapter 1: Definitions Rule 1.1 Definition of Terms A. Advanced Practice Registered Nurse: An advanced practice registered nurse is a person who is licensed or holds the privilege to practice under Miss. Code Ann. Section 73-15-5, and who is nationally certified as an advanced practice registered nurse or in a specialized nursing practice and includes certified nurse midwives “CNM” certified registered nurse anesthetists “CRNA” and certified nurse practitioners “CNP.” B. Approval/Approved Program of Nursing: A nursing program which has been officially recognized as having met the standards set forth by the legally authorized approval or accrediting entity within the state. C. Auxiliary Worker/Unlicensed Person: An individual who is trained to function in an assistive role to the licensed nurse in the provision of patient care as delegated by and under the supervision of the registered nurse. D. Collaboration: A Mississippi Board of Nursing recognized relationship between the APRN and a physician with an unrestricted license to practice medicine in the state of Mississippi. This relationship must be documented in a protocol that is mutually agreed upon by the physician and the nurse practitioner and approved by the Board of Nursing. In accordance with the purpose of the Mississippi Board of Nursing, the board shall have the authority to inspect all records maintained by the nurse practitioner and related to the nurse practitioner’s practice. E. Competence: The skillful and proficient performance of the functions that are within the role of the license and the demonstration of essential knowledge, judgment, and skills. F. Delegate/Delegation: The transfer of responsibility for the performance of an activity from one individual to another while retaining accountability for the outcome. G. Electronic Prescribing: Electronic prescribing or E-prescribing shall mean the electronic entry of a prescription by a practitioner, the secure electronic transmission of the prescription to a pharmacy, the receipt of an electronic message by the pharmacy and E-prescription renewal requests sent electronically by the pharmacy to the practitioner. Electronic transmissions may be computer to computer or computer to facsimile. H. Endorsement: The process by which individuals are licensed in other jurisdictions, or who would be eligible for reinstatement of licensure in a compact state if that compact state were the applicant's primary state of residence, to achieve the legal privilege to practice nursing in this state upon fulfilling all requirements set by the board. I. Inactive Licensure: The state of licensure granted at the discretion of the board to persons not engaged in the active practice of nursing but desiring to maintain licensure.

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J. Lapsed License: The licensure status of an individual who has failed to renew the nursing license within the time period specified in the Nursing Practice Law. K. Licensed Practical Nurse Certified in IV Therapy: A licensed practical nurse who has met all requirements for certification, as stated in the Nursing Practice Law, Rules and Regulations, and who has been certified by the board in the expanded role of IV therapy. L. Licensure: A regulatory mechanism by which a jurisdiction grants permission to an individual to practice nursing upon finding that the applicant has met predetermined qualifications and has attained the degree of competency necessary to practice at a safe and effective level. M. Prescribe: The act of providing a prescription for medication. N. Order: To direct the administration of a therapeutic procedure or medication for a patient. O. Reinstatement The procedure of restoring or re-establishing a nursing license which has lapsed or which has been suspended or revoked, by fulfilling all requirements set by the board. P. Renewal of Licensure: The procedure by which authorization to continue practicing is extended by the board for a specified period of time, provided the licensee meets all requirements. Q. Scope of Practice: The legally authorized range of activities and functions performed by licensed nurses and based on competence of the nurse, availability of necessary resources, and generally accepted standards of practice. R. Standards of Practice: Practice guidelines, criteria, parameters, or other recommendations related to nursing practice that serve as a measure or model to which the practice of nursing should conform. Such standards are issued by professional associations or other recognized authorities and agencies. S. Supervision: A close watch involving judicious oversight and evaluation and the provision of guidance and direction.

1. Direct Supervision - Supervision provided by an individual who is physically present in the patient care unit where the patient is receiving nursing care.
2. Indirect Supervision - Supervision provided by an individual who is immediately accessible but is not physically present on the patient care unit where the patient is receiving nursing care. T. Temporary Permit: A document conferring the privilege to practice nursing on a conditional basis for a specified period of time pending completion of board requirements for licensure. U. Gratuitous Nursing: Uncompensated care rendered by unlicensed friends and members of the family.

Source: Miss. Code Ann. § 73-15-17 (1972, as amended).

Part 2880 Fees

30 Miss. Admin. Code Pt. 2880, R. 1.1 Fees Established

The board shall establish and collect fees for services as determined by the board. Fees may be paid in the form of check or money order. Online services may be paid by credit card. Fees paid to the board are nonrefundable processing fees. A. Examination 1) Registered Nurses: $100.00 2) Licensed Practical Nurses: $60.00 3) Registered Nurses (Repeat): $100.00 4) Licensed Practical Nurses (Repeat): $60.00 B. Temporary Permits 1) Endorsement: $25.00 2) Camp: $25.00 C. Reinstatement 1) Active: $100.00 January 1 - January 31 (Reinstatement plus $50.00 Administrative Fee) February 1 - June 30 (Reinstatement plus $150.00 Administrative Fee) 2) Inactive to Active: $75.00 D. Renewal 1) Active: $100.00 2) Inactive: $25.00 E. Endorsement 1) Registered Nurses: $100.00 2) Licensed Practical Nurses: $60.00 F. Fingerprinting and Criminal Background Checks: $75.00 G. Primary State of Residency Change 1) Changing active Mississippi license from single state to multi state: $25.00 H. Duplicate 1) Name Change: $25.00 I. Advanced Practice 1) State Certification (Initial): $100.00 2) State Certification (Renewal for first certification): $100.00 3) State Certification (Renewal for each additional certification): $50.00 4) Controlled Substance Prescriptive Authority (Initial and/or Renewal): $100.00 5) State Certification (Reinstatement): $100.00 6) Each Addition of Physician: $25.00 7) Each Addition of Clinical Site: $25.00 8) Deletion of a Physician or Clinical Site: No Charge J. Verification of Licensure: $20.00 K. Certificate of Licensure: $25.00 L. Role Delineation Process: $50.00 M. Score Report: $10.00

N. Transcript: $10.00 O. Public Information Request 1) 50 (or less) pages (base): $20.00 2) Each page over 50 (base + per page): $.50 P. Mailing List 1) Registered Nurses: $500.00 2) Licensed Practical Nurses: $500.00 3) Nurse Practitioners: $250.00 Q. Disciplinary Hearing Appeal from Board Panel: $50.00 R. Disciplinary Hearing Appeal from Full Board: $100.00 S. Falsifying Information on Applications: Maximum $500.00

History

• Source: Mis. Code Ann. §73-15-17 (1972, as amended).

MISSISSIPPI BOARD OF PSYCHOLOGY MISSISSIPPI BOARD OF PSYCHOLOGY

Part 3201 COMPILATION Title 30: Professions and Occupations, Part 3201: Rules & Regulations of the Mississippi Board of Psychology

30 Miss. Admin. Code Pt. 3201 COMPILATION Title 30: Professions and Occupations, Part 3201: Rules & Regulations of the Mississippi Board of Psychology

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RULES AND REGULATIONS OF THE MISSISSIPPI BOARD OF PSYCHOLOGY

Title 30: Professions and Occupations

Part 3201: Rules and Regulations of the Mississippi Board of Psychology

CHAPTER TITLE PAGE

GLOSSARY 2 CHAPTER 1 MEMBERS OF THE BOARD 3 CHAPTER 2 MEETINGS OF THE BOARD 4 CHAPTER 3 PUBLIC ACCESS TO THE BOARD 4 CHAPTER 4 LICENSURE APPLICATION PROCESS 5 CHAPTER 5 APPLICANTS PREVIOUSLY LICENSED 9 CHAPTER 6 EXAMINATION 10 CHAPTER 7 EDUCATIONAL REQUIREMENTS FOR LICENSURE 13 CHAPTER 8 DISCIPLINARY ACTIONS 14 CHAPTER 9 CIVIL COMMITMENT CERTIFICATION 17 CHAPTER 10 LICENSE RENEWAL 19 CHAPTER 11 EXEMPTED PROFESSIONS 20 CHAPTER 12 CONTINUING EDUCATION 20 CHAPTER 13 ORAL PROCEEDINGS ON PROPOSED RULES 22 CHAPTER 14 DECLARATORY OPINIONS 24 CHAPTER 15 AMENDMENT PROCEDURE 28 CHAPTER 16 SEVARABILITY CLAUSE 28

Mississippi Board of Psychology

2 GLOSSARY AND ACRONYMS USED IN THESE RULES AND REGULATIONS:

APA. American Psychological Association

ABPP. American Board of Professional Psychology

ASPPB. Association of State and Provincial Psychology Boards

Board. Mississippi Board of Psychology

CPA. Canadian Psychological Association

CPQ. Certificate of Professional Qualification in Psychology, issued by ASPPB

EPPP. Examination for Professional Practice in Psychology

MPA. Mississippi Psychological Association

PES. Professional Examination Service

3 Title 30: Professions and Occupations

Part 3201: Rules and Regulations of the Mississippi Board of Psychology

PART 3201 CHAPTER 1: MEMBERS OF THE BOARD

RULE 1.1: OFFICERS. The designated officers of the Board are: Chair, Executive Secretary, Treasurer, Recording Secretary, Credentialing Coordinator, and Continuing Education Coordinator.

Source: Miss. Code Ann. §73-31-5 and §73-31-7.

RULE 1.2: DUTIES OF MEMBERS. The Chair of the Board shall preside at all official meetings and functions of the Board and shall conduct meetings and all formal business of the Board according to Robert’s Rules of Order. The Board Chair will supervise the operation of the Board office and shall be the conduit for all official correspondence with the Board with the exception of any correspondence related to the specific duties of board members as outlined below. In the event that the Chair or other officer becomes unable to perform their duties, the Board shall appoint another Board member to fulfill the duties of that position. Any Board member whose term has expired may continue to hold over and serve with all rights and responsibilities until the new appointment occurs.

A. The Executive Secretary of the Board shall address all complaints and oversee or conduct investigatory proceedings as outlined in the Board’s laws, rules and regulations.

B. The Treasurer of the Board will supervise the maintenance of all financial records of the Board. The Treasurer will make a statement regarding the financial status of the Board no less than quarterly. The Treasurer will maintain all the records in keeping with the requirements of the laws of the State of Mississippi.

C. The Credentialing Coordinator will coordinate professional evaluation functions of the Board.

D. The Recording Secretary will prepare minutes of all actions taken by the Board.

E. The Continuing Education Coordinator will supervise all activities of the Board regarding continuing education activities of psychologists and providers and will report to the Board on such matters as needed.

Source: Miss. Code Ann. §73-31-5 and §73-31-7

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PART 3201 CHAPTER 2: MEETINGS OF THE BOARD

RULE 2.1: MEETINGS. The Board shall meet at least four times annually, once each quarter, at a time to be arranged for the convenience of the members. The Chair, the majority of the Board, or the Governor may call a special meeting at any time in order to conduct business which may arise, and which will not conveniently wait until the next regularly scheduled meeting of the Board. Meeting notices shall be posted in a time and manner consistent with Section §25-41-13 of the Mississippi Code as amended.

Source: Miss. Code Ann. §73-31-7.

RULE 2.2: DELEGATION OF AUTHORITY. If it is necessary for the Chair to miss a meeting of the Board, the Executive Secretary shall preside. If both the Chair and Executive Secretary are absent, the Treasurer shall preside.

Source: Miss. Code Ann. §73-31-7.

RULE 2.3: QUORUM. A majority of the Board shall constitute a quorum at any meeting or hearing.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 3: PUBLIC ACCESS TO THE BOARD

RULE 3.1: PUBLIC ACCESS. All Board meetings are held in accordance with the Mississippi Open Meetings Act, and are open to the public.

Source: Miss. Code Ann. §25-41-1.

RULE 3.2: ADVERSE ACTIONS. If the Board makes a finding that any psychologist or other person who may come under the Board’s jurisdiction has committed a legal or ethical infraction, the Board may notify the Executive Council of the Mississippi Psychological Association (MPA), the Ethics Committee of the American Psychological Association (APA), and the Association of State and Provincial Psychology Boards (ASPPB). If circumstances warrant, the Board will notify the proper law enforcement agencies. If said person is a member of any other certifying bodies and/or licensed in another jurisdiction, the Board may also notify those bodies of the findings and the disposition of the case.

Source: Miss. Code Ann. §73-31-7 (f).

RULE 3.3: RECORDS. Records of Board investigations are confidential until action is taken on the case and the case is closed. Requests for information may be made in accordance with the Mississippi Public Records Act, Miss. Code Ann. §25-61-1 et. seq.

5 A. All requests must be in writing describing the specific information sought and submitted by certified mail.

B. The Board shall respond to a request for access to records within seven (7) working days of the receipt of such a request by surface mail or electronic mail.

C. If any record cannot be produced by the seventh working day after the request is made, the Board shall provide a written response to the person making the request stating that the record requested shall be produced and specifying with particularity why the records cannot be produced within the seven-day period. The production of the public records shall be made no later than fourteen (14) days of the request unless there is a mutual agreement of the parties.

D. Public records of the Board will be made available through the office of the Board during business hours by appointment. No person will be allowed to remove records from the office of the Board or any agency with which the Board contracts to store such records.

E. Copies of records will be made available at a reasonable fee, which may include cost of locating, searching, duplicating, and/or reviewing. In no case shall such charge exceed actual cost. All fees will be charged in advance and must be paid to the Board prior to delivery of the requested records or copies.

Source: Miss. Code Ann. §25-61-5.

RULE 3.4: MAILING LIST COPIES. Copies of the mailing list of psychologists licensed by the Board are available to the public upon request. Charges for the list in mailing label format or by electronic means shall be a reasonable fee determined by the Board and must be paid in advance to the Board Office.

Source: Miss. Code Ann. §73-31-11 and §25-61-5.

RULE 3.5: LICENSEE’S CHANGE OF INFORMATION. Licensees are responsible for maintaining updated contact information with the Board. Any licensee whose name has changed must submit a Name Change Form and documentation of the change in the form of a copy of Social Security card, marriage certificate, or divorce decree. The form is available on the Board’s website.

Source: Miss. Code Ann. §73-31-11.

PART 3201 CHAPTER 4: LICENSURE APPLICATION PROCESS

RULE 4.1: FORM OF APPLICATION. All applications for licensure shall be made in a form and manner prescribed by the Board.

6 A recognizable photograph shall be included with the application. The photograph shall be not more than six (6) months old, 2 by 2 inches overall (passport size), and with the face not less than 3/4 inches wide.

All applicants shall undergo criminal history background check and shall provide his/her fingerprints for this purpose.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE: 4.2: ACCEPTANCE OF APPLICATIONS. An application not properly completed, not containing all of the required information, or not accompanied by the required fee will not be considered a completed application.

Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application. Persons who have been previously disciplined by the Board shall appear before the Board and show cause why they should be accepted as an applicant for licensure or enrollment. No person shall be eligible for licensure or enrollment that is not of good character and reputation.

Source: Miss. Code Ann. §73-31-9 and §73-31-11 and §73-31-13.

RULE 4.3: REFERENCES. Before an application may be deemed complete by the Board, in addition to an absence of felony conviction(s) or misdemeanor conviction(s) involving moral turpitude, in order to establish good moral character, the Board must be in receipt of references from three (3) licensed psychologists that have known or worked with the applicant within the five (5) year period immediately preceding the date of the application.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.4: TRANSCRIPT. Before an application may be deemed complete by the Board, the application must include a transcript from an institution of higher education that is: regionally accredited by an accrediting body recognized by the U. S. Department of Education, or authorized by Provincial statute or Royal Charter to grant doctoral degrees; and from a program accredited by the American Psychological Association, or the Canadian Psychological Association showing the conferral of a doctoral degree in psychology.

Transcripts shall bear the official seal or mark of the registrar of the educational institution. No action will be taken on any application until such transcript is received.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.5: TRANSCRIPT FROM APPLICANTS WITH DEGREES FROM FOREIGN SCHOOLS. When the applicant is a graduate of a doctoral level training program outside of the United States or Canada, the applicant must provide a transcript evidencing that the applicant has received a doctoral degree from a program of psychology that meets recognized acceptable

7 professional standards as determined by the Board, which includes but is not limited to APA or CPA accreditation.

Such transcript shall bear the official seal or mark of the registrar of the educational institution. No action will be taken on any application until such transcript is received.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.6: EXPERIENCE RECORD. An applicant must demonstrate that he or she has supervised experience in the same area of emphasis as the academic degree reflected on his or her transcript. This experience must include an internship and meet the standards of training as defined by the Board in Miss. Code Ann. § 73-31-13.

Source: Miss. Code Ann. §73- 31-7 and §73-31-13.

RULE 4.7: APPLICANTS.

A. Temporary License: Applicants who are duly licensed in other jurisdictions and who have passed the Examination for Professional Practice in Psychology (EPPP), but who have not yet taken an oral examination, may apply for a temporary license.

1. No applicant who is under investigation by a licensure board in another jurisdiction, who has failed the board’s oral examination, or who has had a license previously suspended or revoked by the board, shall be eligible for the issuance of a temporary license.

2. A temporary license issued pursuant to this rule shall lapse at the next administration of the oral examination following the issuance of the temporary license unless an extension of the temporary license is granted by the board for good cause shown.

3. A temporary license issued pursuant to this rule shall lapse if the applicant fails the oral examination.

4. A temporary license may be suspended or revoked by the board in the same time and manner as any other license issued by the board.

B. Temporary Practice Certificate: Applicants who are duly licensed in other jurisdictions and who are not residents of the State of Mississippi and who do not maintain an office within the State may apply for a Temporary Practice Certificate that allows them to practice psychology on a temporary basis in the State.

1. No applicant whose license to practice psychology in his or her jurisdiction was issued based on a level of education below a doctoral degree shall be eligible for a Temporary Practice Certificate.

8 2. The practice of psychology under a Temporary Practice Certificate shall be limited in duration and shall not exceed thirty (30) days during a consecutive twelve-month period. A day being defined as any part of the day in which psychological work is performed.

3. The practice of psychology under a Temporary Practice Certificate shall be limited in scope and shall not be used to circumvent or avoid obtaining a license to practice psychology. No applicant who intends to practice full-time or a major portion of their time in the State of Mississippi shall be eligible for a Temporary Practice Certificate. Specific limitations on scope of practice include, but are not limited to, extended part- time employment or extended contractual employment or engagement, even if said employment or engagement is performed for fewer than thirty (30) calendar days during a consecutive twelve-month period.

4. An applicant may be issued a Temporary Practice Certificate no more than three (3) times and then the applicant will be required to apply for licensure.

5. Before any Temporary Practice Certificate may be issued, the applicant must provide to the board:

a. Verification of licensure in good standing with another board in a jurisdiction whose licensure requirement requires obtaining a doctoral degree.

b. A statement of the nature and scope of the practice to be provided.

c. An applicant for a Temporary Practice Certificate may be required to take a Mississippi jurisprudence examination covering the licensure law and Rules and Regulations of the Board.

d. No applicant who has been denied licensure by the Board shall be eligible for a Temporary Practice Certificate.

6. The granting of a Temporary Practice Certificate does not bear on an individual’s eligibility for licensure.

Source: Miss. Code Ann. §73-31-7 and §73-31-13 and §73-31-14.

RULE 4.8: RECONSIDERATION OF APPLICATION. An applicant may request reconsideration of a denial of application if the request is based on additional information or evidence which could affect the Board's decision.

A written request for reconsideration must be made within thirty (30) calendar days after notification.

9 An applicant may file a written request to appear before the Board to support the presentation of the additional information or evidence. Such additional information or evidence must be submitted to the Board office at least thirty (30) calendar days before the scheduled date of appearance.

Source: Miss. Code Ann. §73-31-7.

RULE 4.9: DISPOSITION OF APPLICATIONS. Upon investigation of the application and other evidence submitted, the Board shall notify each applicant that the application and evidence submitted is satisfactory and accepted, or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.

When an applicant has been approved by the Board to sit for an examination, the applicant shall be notified by the Credentialing Coordinator.

When an applicant has met all criteria for licensure, the applicant shall be notified of licensure and the action of the Board shall be reported in the minutes.

Source: Miss. Code Ann. §73- 31-7 and §73-31-13.

PART 3201 CHAPTER 5: APPLICANTS PREVIOUSLY LICENSED

RULE 5.1: APPLICANTS LICENSED IN OTHER JURISDICTIONS.

The applicant licensed in another jurisdiction may be exempt from the EPPP requirements described in Chapter 6 and may be administered an abbreviated oral examination if the applicant/psychologist meets the following criteria:

A. Has at least twenty (20) years of licensure to practice as a psychologist in another state, territorial possession of the United States, District of Columbia, Commonwealth of Puerto Rico or Canadian Province when that license was based upon a doctoral degree; or

B. Is a diplomate in good standing of the American Board of Professional Psychology (ABPP); or

C. Holds a valid Certificate of Professional Qualification (CPQ) by the Association of State and Provincial Psychology Boards; and

D. Has completed the appropriate application and paid fees as required by the Board; and

E. Has passed the Mississippi jurisprudence examination and has passed the Board administered oral examination; and

F. Has not had their license revoked and has not surrendered their license as a result of an investigation or complaint in another jurisdiction during the entire period of licensure, is not currently completing a remediation plan or is not under any sanctions from another licensing

10 board as a result of an investigation or complaint, and is not currently under investigation by another licensing board.

Source: Miss. Code Ann. §73-31-7 §73-31-15.

RULE 5.2: PSYCHOLOGISTS EMERITUS: A psychologist who holds a valid license to practice in Mississippi may apply for psychologist emeritus status at the time of license renewal if the psychologist meets the following criteria:

A. The psychologist is 65 years old or older, and

B. Has held a Mississippi license for at least twenty (20) continuous years, and

C. Is retired from full-time practice, as defined by no more that eighty (80) hours per month of practice of any type, and

D. Has submitted the appropriate application and fee to the Board.

E. Upon approval by the Board, the psychologist emeritus must renew his or her license on the same annual schedule as permanent license at one half (1/2) the fee of the standard permanent license renewal fee.

F. Continuing Education requirements are the same as the standard permanent license.

G. If a psychologist wishes to give up emeritus status and reinstate a standard permanent license, he or she must submit a written request to the Board at the time of license renewal.

Source: Miss. Code Ann. §73-31-3(d), §73-31-7, §73-31-17.

PART 3201 CHAPTER 6: EXAMINATION

RULE 6.1: WRITTEN EXAMINATION. The Board will use the Examination for Professional Practice in Psychology (EPPP) published by the Association of State and Provincial Psychology Boards (ASPPB). The applicant will bear the cost of the examination and any other charges for administering the examination.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.2: SCORES ON THE EPPP. The EPPP will be scored by the Professional Examination Service (PES) and the scores for Mississippi applicants reported to ASPPB and to the Board. Applicants will be required to attain the ASPPB-recommended passing score (National Scaled Score) of 500.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

11 RULE 6.3: NOTIFICATION OF TEST SCORES. The Credentialing Coordinator will be responsible for notifying the applicant of the results of the EPPP. Such notification will take place within ten (10) working days of the Board’s receipt of the scores.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.4: FAILING SCORES ON THE EPPP. When an applicant fails the EPPP on the first attempt, he or she is eligible to take the EPPP a second time, no sooner than two (2) months following the first attempt on the EPPP.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.5: REPORTING EPPP SCORES. Applicants will be responsible for having ASPPB report any past EPPP scores to the Board. Any applicant who fails to report all prior EPPP scores to the Board when making application may be subject to disciplinary action including, but not limited to, the denial of his or her application.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.6: REPEATED FAILURES ON THE EPPP. After two (2) successive failures, an individual may not reapply for licensure until two (2) years after the date of the last failed examination. Applicants who have failed two (2) successive examinations of the EPPP will have their application files closed. Each successive failure will require an additional two (2) year waiting period before reapplication may occur. Applications must be submitted in accordance with the Mississippi Statute and Board Rules and Regulations in effect at that time.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.7: ORAL EXAMINATION. When an oral examination is required for licensure, examination panels will consist of three psychologists, at least one of whom shall be a Board member. A Board member will chair the examination panel and will be responsible for the proper conduct of the questioning and completion of the examination forms. Examinations will be recorded by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.8: CONDUCT OF ORAL EXAMINATION. Oral examinations will be conducted no less than twice each year. After passing the written examination (EPPP), and, passing the Mississippi jurisprudence examination (with a minimum score of 90), applicants may be approved to take the oral examination on the date set by the Board. The applicant will be responsible for being on time for the examination. Late appearance may have the effect of canceling the examination for the applicant for that day. An applicant should expect the oral examination to last approximately 45 minutes to 1 hour.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

12 RULE 6.9: NOTIFICATION OF THE RESULT OF THE ORAL EXAMINATION. After the Board ratifies the oral examination result, the Credentialing Coordinator shall notify the applicant within ten (10) working days. If the applicant has failed the oral examination, the Credentialing Coordinator shall advise the applicant of the approximate date of the next applicable oral examination, as indicated in the Rules and Regulations.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.10: REPEATED FAILURES ON THE ORAL EXAMINATION.

Applicants who have failed two (2) successive oral examinations will have their application files closed. After two (2) or more successive failures of the oral examination; an individual may not reapply until two (2) years after the date of the last failed oral examination. A new application and payment of fee must be filed according to the Mississippi Statute and the Rules and Regulations of the Board in effect at the time of the new application.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.11: LENGTH OF TIME A LICENSE APPLICATION WILL BE CARRIED. If an applicant who is approved to take the EPPP or the oral examination waits more than one year from the date of notice before scheduling the examination the Board will close the file. If there is no progress on an application or no communication from the applicant for more than one year, the Board will close the file.

If the applicant wishes to reapply, an entirely new application will be required, including payment of application fees. The new application will be based on the Mississippi Statute and the Rules and Regulations of the Board in effect at the time of the new application.

Source: Miss. Code Ann. §73-31-7.

RULE 6.12: OTHER REASONS FOR TERMINATING APPLICATION. An applicant who engages in any act that could result in discipline or revocation of an active license will have their application terminated from further consideration for a license. The applicant will be notified of the Board’s action in such a case, and will be given the opportunity for a hearing before the Board should the applicant wish to request reconsideration by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.13: LICENSURE. After all the licensing procedures have been completed and the applicant has been found to possess the qualifications necessary to be licensed as a psychologist under the Laws of Mississippi, the Board shall issue a license under the sign and seal of the Board within ten (10) working days.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

13 RULE 6.14: SPECIALTY RECOGNITION. The Board issues a generic license; the Board does not recognize specialty areas of practice through licensure. The Board expects the psychologist to practice only in areas in which he or she is deemed competent by virtue of his or her education and training. The Board also expects the psychologist to use in any public statement only those titles to which the psychologist is entitled.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

PART 3201 CHAPTER 7: EDUCATIONAL REQUIREMENTS FOR LICENSURE

RULE 7.1: EDUCATIONAL REQUIREMENTS.

A. For the purposes of evaluation of educational programs, the Board will utilize the following criteria to determine if a program is a psychology program:

The program is accredited by the American Psychological Association (APA) or the Canadian Psychological Association (CPA).

B. Graduates of newly established programs seeking accreditation must provide documentation that the program had an active application for APA or CPA accreditation, as defined by the APA or CPA Board of Accreditation, at the time the degree was granted. The names of programs that have submitted applications for accreditation, and the status of the applications, are available from the APA and the CPA.

Source: Miss. Code Ann. §73-31-7.

RULE 7.2: INTERNSHIP. A minimum of one year of full-time, or two years of half-time predoctoral experience is required.

Source: Miss. Code Ann. §73-31-7.

RULE 7.3: STANDARDS FOR DEFINING THE INTERNSHIP EXPERIENCE. The internship must be accredited by the APA or the CPA except as noted below.

Programs working toward accreditation must have an active application with APA or CPA, as defined by the APA or CPA Board of Accreditation, at the time the intern completed the program. The internship shall be appropriate to the applicant’s graduate training specialization.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 7.4: ACCOUNTABILITY IN SUPERVISION. It is the supervisor who retains final professional responsibility and accountability for the functions performed by interns and supervisees. The supervisor is responsible for reviewing test protocols, and for reviewing and discussing intervention plans, strategies, and outcomes.

14 Source: Miss. Code Ann. §73-31-7.

RULE 7.5: BURDEN OF PROOF OF TRAINING. It is the responsibility of the applicant to provide evidence as prescribed by the Board that education, training, experience described as requirements in Chapter 4 of these Rules and Regulations is equal to or exceeds these requirements.

Source: Miss. Code Ann. §73-31-7.

RULE 7.6: DIPLOMATES. Possession of the diploma(s) of the American Board of Professional Psychology (ABPP) shall be considered prima facie evidence that the educational requirements have been met.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 8: DISCIPLINARY ACTIONS

RULE 8.1: Complaints may be proffered by anyone who believes that a violation of Law or the Rules and Regulations may have occurred.

Except as noted in Rule 8.3 below, all complaints proffered must be made in writing by the person or persons making them and shall be filed with the Board.

All complaints shall be made on forms prescribed by the Board, which are available from the Board. The information required includes the name and addresses of the complainant and the respondent, a concise statement of the complaint with facts supporting the allegation that a violation has occurred and a statement of the relief sought. The complainant shall sign the form.

In instances in which the Board is presented with prima facie evidence of a violation of the law or the Rules and Regulations, a written statement by the complainant will not be required. The Board, on its own initiative, may investigate or cause to be investigated, any allegation or evidence which appears to show that a licensed psychologist or an unlicensed person is, or may be, in violation of the law or Rules and Regulations governing the practice of psychology in the State of Mississippi.

No investigative action will be taken regarding submissions that are neither prima facie evidence nor accompanied by the written statement.

Following the receipt of such complaints or prima facie evidence, the Board will proceed to investigate, and unless dismissed as frivolous, unfounded, or filed in bad faith, will proceed in accordance with the provisions of the statute involved.

Source: Miss. Code Ann. §73-31-7.

15 RULE 8.2: Investigative Procedures Upon the filing of complaints, the Board Administrator shall refer them to the Executive Secretary of the Board, or other board member for investigation. If there is a conflict of interest or a case where the objectivity of any Board member is in question, they would not serve to investigate the complaint. The Executive Secretary of the Board or designated Board member may institute an investigation of the complaint and, after consultation with the investigative committee, determine whether to proceed with a letter of admonition, an educational letter, a consent order, an informal conference, or a formal disciplinary hearing.

Neither the investigating Board member nor any Board member with a conflict of interest shall sit as a deliberating/voting member of the Board during the disciplinary hearing resulting from that investigation.

Source: Miss. Code Ann. §73-31-7.

RULE 8.3: Disciplinary Proceedings

Complaints, Summons, and Notice of Hearing A. For the purposes of this rule, "summons and notice of hearing" refers to the document accompanying the complaint which compels the respondent to appear and sets forth the time and place of the hearing.

The summons and complaint together with a copy of the applicable Law and Rules and Regulations shall be:

1. Mailed by registered or certified mail, return receipt requested, to either the respondent's last known business or residence address or the most recent address of the accused on file with the Board, or

2. Personally served on the respondent, and

3. Provided not less than thirty (30) calendar days prior to the scheduled date of the disciplinary hearing.

B. Consent Orders. If after receipt of a complaint and prior to the disciplinary hearing an accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. This opportunity for settlement shall be within the sole discretion of the investigative committee. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

C. Informal Conferences. The respondent may request an informal conference at the Board office with the investigative committee for the purpose of showing that the allegations contained in the complaint are not true. The respondent may have an attorney present only in an advisory capacity. If the respondent desires a conference and the complaint cannot

16 thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order.

The informal conference and/or settlement negotiation shall be completed prior to a date ten (10) working days before the scheduled date of the disciplinary hearing; provided, however, the Board's investigative committee, at its sole discretion, may continue the disciplinary hearing at the request of the respondent for the purpose of completing said proceedings.

Source: Miss. Code Ann. §73-13-7 and §73-31-21.

RULE 8.4 Conflict and Bias. A Board member shall not be entitled to participate in any disciplinary action if the Board determines that such a Board member is personally biased against the accused.

Source: Miss. Code Ann. §73-31-7.

RULE 8.5 Disciplinary Hearings

A. Continuances: It must be recognized that the Board consists of primarily practicing psychologists. Unlike the judiciary, the Board members are not in the business of conducting hearings; therefore, hearings will be held only during regularly scheduled meetings or other dates established by the Board. Attorneys representing psychologists should take this fact into consideration. A scheduled hearing may be continued if the respondent shows substantial legitimate grounds for continuing the hearing. A grant of continuance shall be based on a balance of the right of respondent to a reasonable opportunity to prepare and present a defense and the Board's responsibility to protect the public health, safety and welfare.

B. Where the counsel for respondent has a scheduling conflict on the initial hearing date continuances shall be liberally granted.

C. Conduct of Hearing:

1. Hearing Examiner. The Board may, at its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence and procedure in accordance with the provisions of these rules.

2. Plea. The accused shall either admit or deny the charges set forth in the complaint.

3. Opening Statement. Each side shall be permitted to make a short opening statement.

4. Form of Hearing. The Board shall present its evidence, followed by the accused, followed by such rebuttal as may be necessary and proper. Each witness called may be examined in the following manner:

17

1. Direct examination
2. Cross examination
3. Re-direct examination
4. Re-cross examination

5. Closing Statement. Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant Law to the evidence presented.

6. Evidence. The Mississippi Rules of Evidence shall be used as a general guide for the presentation of evidence, however any evidence which reasonably appears to be relevant to the issues of the case may be allowed notwithstanding its inadmissibility under said Rules, unless the evidence offered is clearly of a privileged nature.

7. Procedure. The Mississippi Rules of Civil Procedure shall be used as a general guide for the conduct of the proceedings, however formal adherence to said Rules shall not be mandated except as may be reasonably required to promote the ends of justice.

Source: Miss. Code Ann. §73-31-7.

RULE 8.6. Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal there from as provided for in Section 73-31-21 of the Mississippi Code annotated (1972)

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 9: CIVIL COMMITMENT CERTIFICATION

RULE 9.1: CIVIL COMMITMENT CERTIFICATION. The Board is empowered to recognize and certify those psychologists who are qualified to perform civil commitment evaluations for the chancery court and youth courts.

Source: Miss. Code Ann. §73-31-7.

RULE 9.2: CRITERIA OF ELIGIBILITY. In order to be certified, the applicant must satisfy the following criteria:

A. Holds a permanent license to practice psychology in Mississippi and has met requirements appropriate to certification to perform civil commitment examinations;

B. Possess appropriate skill in making a proper diagnosis of the presence or absence of mental illness; and

C. Possesses competence in understanding the civil commitment law, including the legal and ethical implications of involuntary civil commitment.

18 The last two requirements will be accomplished by means of a written examination, including a written performance sample.

Source: Miss. Code Ann. §73-31-7.

RULE 9.3: CIVIL COMMITMENT CERTIFICATION EXAMINATION. Upon receipt of a request by a licensed psychologist who has received approval by the Board, and payment of the fee set by the Board, the Civil Commitment Coordinator will schedule the applicant for the next administration of the certification examination. Such examination shall be scheduled annually or more frequently if the number of applicants warrants.

Source: Miss. Code Ann. §73-31-7.

RULE 9.4: INELIGIBILITY. If the applicant is found ineligible for certification, the applicant will be so notified by the Civil Commitment Coordinator. Such notification will take place within thirty (30) calendar days of the day the Board made the decision, and will be sent by certified or electronic mail. An applicant so notified shall have a period of thirty (30) calendar days following notification in order to file with the Board a written request for reconsideration. Such written request shall include the specific reasons for which reconsideration is requested.

Source: Miss. Code Ann. §73-31-7.

RULE 9.5: EVALUATION OF EXAMINATIONS. The Civil Commitment Coordinator or other psychologist designated by the Board will score the written examination. In order to pass, the applicant must attain a correct score of at least 80%. The examiner will also score the performance sample examination on a pass or fail basis. A second reviewer may be appointed by the Civil Commitment Coordinator (or other designated psychologist from the Board) and may also score the written performance sample. To pass the examination, the applicant must receive a passing score. Should the two (2) reviewers not agree, the Civil Commitment Coordinator will appoint a third reviewer. The majority opinion of three (3) reviewers will determine the outcome of the examination.

The Civil Commitment Coordinator will report the outcome of the examination to the Board at the next scheduled meeting at which time the results will be ratified by the Board.

Source: Miss. Code Ann. §73-31-7.

RULE 9.6: NOTIFICATION TO APPLICANT. Within fourteen (14) calendar days following the Board’s ratification of the examination results, the Board shall notify the applicant of the outcome of their examination. The applicant’s license shall reflect certification to conduct civil commitment evaluations. An applicant who fails one or both sections of the examination will be notified of the failure and that they may retake the failed section(s) at the next administration of the certification examination.

Source: Miss. Code Ann. §73-31-7.

19 RULE 9.7: REPEATED FAILURES. If the applicant fails the civil commitment examination twice, re-examination will be deferred for two years. If the failed applicant wishes to take the examination a third time, the applicant must first obtain supervision and training specific to civil commitment and provide the Board with documentation of such training.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 10: LICENSE RENEWAL

RULE 10.1: ANNUAL LICENSURE RENEWAL. The Continuing Education Coordinator shall cause the notices for renewal of licensure to be sent out to each licensed psychologist annually during the month of April. Each licensed psychologist shall properly complete the renewal process and submit the renewal fee. A license will lapse if the renewal process is not complete and the renewal fee is not paid by June 30. A licensee granted a license at any time during a fiscal year shall be required to renew his/her license for the succeeding year in accordance with this paragraph.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 10.2: RENEWAL OF LAPSED LICENSES. Psychologists who allow their license to lapse by failing to complete the renewal process and/or pay the renewal fee or who voluntarily surrender their license while in good standing, retain the privilege of renewal. In such cases, the license may be reinstated provided that:

A. A written request for reinstatement occurs within two years from the last renewal date, in which the individual was fully licensed, and

B. All fees for the period are paid in full, noting that after June 30 of the renewal year, the Board may assess a late fee of $50.00 plus $5.00 additional for each month after July, and

C. All continuing education requirements have been fulfilled, and

D. There is no evidence that the psychologist has engaged in actions that are in violation of legal statutes or the Ethical Principles of Psychologists during the period of lapsed license and is not currently under investigation by a licensure board.

E. A psychologist wishing to renew a license that has lapsed for more than two (2) years shall be required to re-apply for licensure, under the statute, rules and regulations and other requirements in effect at the time of initiating the new application process.

Source: Miss. Code Ann. §73-31-7, §73-31-9, and §73-31-13.

RULE 10.3: FEES SET BY THE BOARD. At a meeting prior to the commencement of each fiscal year, the Board will set fees for applications, certifications, examinations, renewal of

20 licenses, duplicate licenses, and license verifications within the limits set by the legislature. The list of fees will be available from the Board upon request. All fees submitted are nonrefundable.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

PART 3201 CHAPTER 11: EXEMPTED PROFESSIONS

RULE 11.1: QUALIFIED PROFESSIONAL GROUPS AND INDIVIDUALS EXEMPTED FROM JURISDICTION OF THIS BOARD. Section 73-31-27 of the Mississippi Code of 1972 as amended partially exempts qualified members of other professional groups who perform work of a psychological nature.

Source: Miss. Code Ann. §73-31-7 and §73-31-27.

RULE 11.2: PSYCHOLOGIST’S ASSISTANTS. Nothing in these rules shall be construed or interpreted in such a way as to limit a qualified assistant to a psychologist in performing duties assigned by said psychologist; except that, no supervised assistant shall perform duties under such supervision that the psychologist is not qualified to perform.

Source: Miss. Code Ann. §73-31-7 and §73-31-27.

PART 3201 CHAPTER 12: CONTINUING EDUCATION

RULE 12.1: CONTINUING EDUCATION. License renewal in odd numbered years requires the psychologist to show evidence of a minimum of twenty (20) clock hours of Board approved continuing education (CE) activities during the two-year period of time ending on June 30 of the odd numbered year. The Board shall follow the guidelines below in administering this requirement.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.2: MINIMUM CONTINUING EDUCATION REQUIREMENT. Psychologists shall document successful completion of twenty (20) clock-hours of acceptable continuing education during each biennial period. Continuing education activity is reportable only in clock- hours. A minimum of two (2) of these twenty (20) clock-hours of continuing education must involve topics in professional ethics or legal issues in the delivery of psychological services.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.3: CRITERIA OF ACCEPTABILITY. Continuing education encompasses a wide range of training designed to provide or update knowledge and skills. Acceptable continuing education activities are defined as:

A. Formally organized and planned instructional experiences offered by an American Psychological Association approved (APA-approved), Canadian Psychological Association approved (CPA-approved), National Association of School Psychologists (NASP), American

21 Academy of Continuing Medical Education (AACME) or Board approved provider, with objectives compatible with the professional continuing education needs of practicing psychologists, or

B. For registered attendance at psychological or inter-professional conferences or training programs offered by non-Board-approved providers, but directly related to the practice of psychology and lasting one full day or longer, the Board will accept up to three (3) clock hours for each such conference or training program. During a biennium, the Board will accept a maximum of six (6) clock hours from such conferences or training programs toward satisfying the continuing education requirement. Such credit requires no advance approval.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.4: CRITERIA FOR BOARD APPROVED CE PROVIDERS. The Mississippi Psychological Association, APA-approved internship and fellowship training programs and graduate training departments of psychology with APA-accredited training programs are eligible to apply for Board-approved CE Provider status. The application process and status determination and review procedures can be obtained from the Board office and are available on the Board website. Board-approved CE providers must renew their provider status every two (2) years. The renewal process should be completed prior to July 1 of the year in which the provider status expires. A list of Board-approved providers is available on the Board website.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.5: REPORT REQUIREMENTS.

A. Biennial Reporting Period. Licensees must report their continuing education hours to the Board no later than June 30th of odd-numbered years.

B. Report Format. Continuing Education (CE) must be reported to the Board using the online system available on the Board website. Failure to submit CE hours in the required format will result in an audit of CE hours and may delay the license renewal process.

C. Documentation. Licensees shall retain corroborating documentation of their continuing education participation. Corroborative documents include certificates of completion that include a statement of accreditation by the provider. Although corroborating documentation is not routinely required as part of the licensee’s submission, the Board may, at its discretion, request such documentation. In addition, the Board will perform a random audit of no less than five (5) percent of the CE reports. Any misrepresentation of continuing education will be cause for disciplinary action by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.6: EXEMPTIONS. Newly licensed psychologists are considered to have satisfied continuing education requirements for the remainder of the fiscal year in which their license is

22 granted. Therefore, if the subsequent year (July 1-June 30) is a CE reporting year, the newly licensed psychologist shall be required to submit only one-half (1/2) the number of hours specified above, that is, ten (10) hours.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.7: NONCOMPLIANCE AND REINSTATEMENT.

A. Noncompliance shall include:

1. Failure to file a report on time;

2. Failure to provide documentation requested for audit, or failure to report a sufficient number of acceptable continuing education clock-hours, as defined above.

B. Notice of Noncompliance. The Board shall serve written notice of noncompliance to a psychologist determined to be in noncompliance. A plan of compliance or documentation to show compliance must be received by the Board in order for reinstatement to be considered. The Board may impose disciplinary action for a psychologist’s failure to fulfill continuing education requirements.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

PART 3201 CHAPTER 13: ORAL PROCEEDINGS ON PROPOSED RULES

RULE 13.1: SCOPE. These Rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to the Mississippi Administrative Procedures Act (Miss Code Ann §25-43-3.104).

Source: Miss Code Ann. §25-43-3.104 and §73-31-7.

RULE 13.2: WHEN ORAL PROCEEDINGS WILL BE SCHEDULED ON PROPOSED RULES. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) working days after the filing of the notice of the proposed rule.

Source: Miss. Code Ann. §73-31-7.

RULE 13.3: REQUEST FORMAT. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8- 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

Source: Miss. Code Ann. §73-31-7.

23 RULE 13.4: NOTIFICATION OF ORAL PROCEEDING. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) working days from the filing of this information with the Secretary of State.

Source: Miss. Code Ann. §73-31-7.

RULE 13.5: PRESIDING OFFICER. The Chairperson or his or her designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

Source: Miss. Code Ann. §73-31-7.

RULE 13.6: PUBLIC PRESENTATIONS AND PARTICIPATION. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed rule.

A. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.

B. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

C. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

D. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

E. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

Source: Miss. Code Ann. §73-31-7.

RULE 13.7: CONDUCT OF ORAL PROCEEDING. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (I) call the proceeding to order; (II) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (III) call on those individuals who have contacted

24 the Board about speaking on or against the proposed rule; (IV) allow for rebuttal statements following all participant’s comments; (V) adjourn the proceeding.

A. Questions. The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

B. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Department’s public records request procedure.

C. Recording. The Board may record oral proceedings by stenographic or electronic means.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 14: DECLARATORY OPINIONS.

RULE 14.1: SCOPE. These Rules are intended to set forth the Board’s rules governing the form and content of requests for declaratory opinions and the Board’s procedures regarding the requests, as required by Mississippi Code Annotated Section 25-43-2.103.

Source: Miss. Code Ann. §73-31-7.

RULE 14.2: PERSONS WHO MAY REQUEST DECLARATORY OPINIONS. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. A substantial interest in the subject matter means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. A Primary jurisdiction of the agency means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

Source: Miss. Code Ann. §73-31-7.

RULE 14.3: SUBJECTS THAT MAY BE ADDRESSED IN DECLARATORY OPINIONS. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the Board.

Source: Miss. Code Ann. §73-31-7.

25 RULE 14.4: CIRCUMSTANCES IN WHICH DECLARATORY OPINIONS WILL NOT BE ISSUED. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. Lack of clarity concerning the question presented;

B. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

C. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

D. The facts presented in the request are not sufficient to answer the question presented;

E. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

F. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

G. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

H. The question presented by the request concerns the legal validity of a statute or rule;

I. The request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

J. No clear answer is determinable;

K. The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

L. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

M. The question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion;

N. A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

26

O. Where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

P. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

Source: Miss. Code Ann. §73-31-7.

RULE 14.5: WRITTEN REQUEST REQUIRED. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

Source: Miss. Code Ann. §73-31-7.

RULE 14.6: WHERE TO SEND REQUESTS. All requests must be submitted by certified mail to: Mississippi Board of Psychology, P.O. Box 20, Jackson, MS 39205.

Source: Miss. Code Ann. §73-31-7.

RULE 14.7: DECLARATORY OPINION REQUEST. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests, or electronic mail requests will be accepted for official opinions.

Source: Miss. Code Ann. §73-31-7.

RULE 14.8: NAME, ADDRESS AND SIGNATURE OF REQUESTOR. Each request must include the full name, telephone number, and mailing address of the requestor. The person or persons filing the request shall sign the request and attest that the request complies with the requirements set forth in these rules. The requirements include, but are not limited to a full, complete, and accurate statement of relevant facts, and that there are no related proceedings pending before any other administrative or judicial tribunal.

Source: Miss. Code Ann. §73-31-7.

RULE 14.9: QUESTION PRESENTED. Each request shall contain the following:

A. A clear and concise statement of all facts on which the opinion is requested;

B. A citation to the statute or rule at issue;

C. The question(s) sought to be answered in the opinion, stated clearly;

27 D. A suggested proposed opinion from the requestor, stating the answers desired by the petitioner and a summary of the reasons in support of those answers;

E. The identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

F. A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

Source: Miss. Code Ann. §73-31-7.

RULE 14.10: TIME FOR BOARD RESPONSE. Within forty-five (45) working days after the receipt of a request for a declaratory opinion that complies with the requirements of these rules, the Board shall, in writing:

A. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances,

B. Decline to issue a declaratory opinion, stating the reasons for its action, or

C. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) calendar days after receipt of the written request.

The forty-five (45) working day period shall begin running on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner.

Source: Miss. Code Ann. §73-31-7.

RULE 14.11: OPINION NOT FINAL FOR SIXTY DAYS. A declaratory opinion shall not become final until the expiration of sixty (60) calendar days after the issuance of the opinion. Prior to the expiration of sixty (60) calendar days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason that is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

Source: Miss. Code Ann. §73-31-7.

RULE 14.12: NOTICE BY BOARD TO THIRD PARTIES. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies, or other entities other than the requestor.

Source: Miss. Code Ann. §73-31-7.

28 RULE 14.13: PUBLIC AVAILABILITY OF REQUESTS AND DECLARATORY OPINIONS. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests that contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

Source: Miss. Code Ann. §73-31-7.

RULE 14.14: EFFECT OF A DECLARATORY OPINION. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 15: AMENDMENT PROCEDURE

RULE 15.1: AMENDMENTS TO THE RULES. The Board may, on its own motion, and passed by a majority of the members of the Board when a quorum is present, amend any rule or regulation of the Board. Such an amendment will take effect upon compliance with the Administrative Procedures Act of the State of Mississippi.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 16: SEVERABILITY CLAUSE

RULE 16.1: SEVERABILITY CLAUSE. If any section of these Rules and Regulations, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of any section or part thereof.

Source: Miss. Code Ann. §73-31-7.

29

RULES AND REGULATIONS OF THE MISSISSIPPI BOARD OF PSYCHOLOGY

Title 30: Professions and Occupations

Part 3201: Rules and Regulations of the Mississippi Board of Psychology

CHAPTER TITLE PAGE

GLOSSARY 2 CHAPTER 1 MEMBERS OF THE BOARD 3 CHAPTER 2 MEETINGS OF THE BOARD 3 CHAPTER 3 PUBLIC ACCESS TO THE BOARD 4 CHAPTER 4 LICENSURE APPLICATION PROCESS 5 CHAPTER 5 APPLICANTS PREVIOUSLY LICENSED CHAPTER 6 EXAMINATION 9 CHAPTER 7 EDUCATIONAL REQUIREMENTS FOR LICENSURE 12 CHAPTER 8 DISCIPLINARY ACTIONS 16 CHAPTER 9 CIVIL COMMITMENT CERTIFICATION 20 21 CHAPTER 10 LICENSE RENEWAL 23 CHAPTER 11 EXEMPTED PROFESSIONS 24 CHAPTER 12 CONTINUING EDUCATION 25 CHAPTER 13 ORAL PROCEEDINGS ON PROPOSED RULES 27 CHAPTER 14 DECLARATORY OPINIONS 29 CHAPTER 15 AMENDMENT PROCEDURE 33 CHAPTER 16 SEVARABILITY CLAUSE 33

Mississippi Board of Psychology

GLOSSARY AND ACRONYMS USED IN THESE RULES AND REGULATIONS:

30

APA. American Psychological Association

ABPP. American Board of Professional Psychology

ASPPB. Association of State and Provincial Psychology Boards

Board. Mississippi Board of Psychology

CPA. Canadian Psychological Association

CPQ. Certificate of Professional Qualification in Psychology, issued by ASPPB

EPPP. Examination for Professional Practice in Psychology

MPA. Mississippi Psychological Association

PES. Professional Examination Service

31 Title 30: Professions and Occupations

Part 3201: Rules and Regulations of the Mississippi Board of Psychology

PART 3201 CHAPTER 1: MEMBERS OF THE BOARD

RULE 1.1: OFFICERS. The designated officers of the Board are: Chair, Executive Secretary, Treasurer, Recording Secretary, Credentialing Coordinator, and Continuing Education Coordinator.

Source: Miss. Code Ann. §73-31-5 and §73-31-7.

RULE 1.2: DUTIES OF MEMBERS. The Chair of the Board shall preside at all official meetings and functions of the Board and shall conduct meetings and all formal business of the Board according to Robert’s Rules of Order. The Board Chair will supervise the operation of the Board office and shall be the conduit for all official correspondence with the Board with the exception of any correspondence related to the specific duties of board members as outlined below. In the event that the Chair or other officer becomes unable to perform their duties, the Board shall appoint another Board member to fulfill the duties of that position. Any Board member whose term has expired may continue to hold over and serve with all rights and responsibilities until the new appointment occurs.

A. The Executive Secretary of the Board shall address all complaints and oversee or conduct investigatory proceedings as outlined in the Board’s laws, rules and regulations.

B. The Treasurer of the Board will supervise the maintenance of all financial records of the Board. The Treasurer will make a statement regarding the financial status of the Board no less than quarterly. The Treasurer will maintain all the records in keeping with the requirements of the laws of the State of Mississippi.

C. The Credentialing Coordinator will coordinate professional evaluation functions of the Board.

D. The Recording Secretary will prepare minutes of all actions taken by the Board.

E. The Continuing Education Coordinator will supervise all activities of the Board regarding continuing education activities of psychologists and providers and will report to the Board on such matters as needed.

Source: Miss. Code Ann. §73-31-5 and §73-31-7

PART 3201 CHAPTER 2: MEETINGS OF THE BOARD

32 RULE 2.1: MEETINGS. The Board shall meet at least four times annually, once each quarter, at a time to be arranged for the convenience of the members. The Chair, the majority of the Board, or the Governor may call a special meeting at any time in order to conduct business which may arise, and which will not conveniently wait until the next regularly scheduled meeting of the Board. Meeting notices shall be posted in a time and manner consistent with Section §25-41-13 of the Mississippi Code as amended.

Source: Miss. Code Ann. §73-31-7.

RULE 2.2: DELEGATION OF AUTHORITY. If it is necessary for the Chair to miss a meeting of the Board, the Executive Secretary shall preside. If both the Chair and Executive Secretary are absent, the Treasurer shall preside.

Source: Miss. Code Ann. §73-31-7.

RULE 2.3: QUORUM. A majority of the Board shall constitute a quorum at any meeting or hearing.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 3: PUBLIC ACCESS TO THE BOARD

RULE 3.1: PUBLIC ACCESS. All Board meetings are held in accordance with the Mississippi Open Meetings Act, and are open to the public.

Source: Miss. Code Ann. §25-41-1.

RULE 3.2: ADVERSE ACTIONS. If the Board makes a finding that any psychologist or other person who may come under the Board’s jurisdiction has committed a legal or ethical infraction, the Board may notify the Executive Council of the Mississippi Psychological Association (MPA), the Ethics Committee of the American Psychological Association (APA), and the Association of State and Provincial Psychology Boards (ASPPB). If circumstances warrant, the Board will notify the proper law enforcement agencies. If said person is a member of any other certifying bodies and/or licensed in another jurisdiction, the Board may also notify those bodies of the findings and the disposition of the case.

Source: Miss. Code Ann. §73-31-7 (f).

RULE 3.3: RECORDS. Records of Board investigations are confidential until action is taken on the case and the case is closed. Requests for information may be made in accordance with the Mississippi Public Records Act, Miss. Code Ann. §25-61-1 et. seq.

33 A. All requests must be in writing describing the specific information sought and submitted by certified mail.

B. The Board shall respond to a request for access to records within seven (7) working days of the receipt of such a request by surface mail or electronic mail.

C. If any record cannot be produced by the seventh working day after the request is made, the Board shall provide a written response to the person making the request stating that the record requested shall be produced and specifying with particularity why the records cannot be produced within the seven-day period. The production of the public records shall be made no later than fourteen (14) days of the request unless there is a mutual agreement of the parties.

D. Public records of the Board will be made available through the office of the Board during business hours by appointment. No person will be allowed to remove records from the office of the Board or any agency with which the Board contracts to store such records.

E. Copies of records will be made available at a reasonable fee, which may include cost of locating, searching, duplicating, and/or reviewing. In no case shall such charge exceed actual cost. All fees will be charged in advance and must be paid to the Board prior to delivery of the requested records or copies.

Source: Miss. Code Ann. §25-61-5.

RULE 3.4: MAILING LIST COPIES. Copies of the mailing list of psychologists licensed by the Board are available to the public upon request. Charges for the list in mailing label format or by electronic means shall be a reasonable fee determined by the Board and must be paid in advance to the Board Office.

Source: Miss. Code Ann. §73-31-11 and §25-61-5.

RULE 3.5: LICENSEE’S CHANGE OF INFORMATION. Licensees are responsible for maintaining updated contact information with the Board. Any licensee whose name has changed must submit a Name Change Form and documentation of the change in the form of a copy of Social Security card, marriage certificate, or divorce decree. The form is available on the Board’s website.

Source: Miss. Code Ann. §73-31-11.

PART 3201 CHAPTER 4: LICENSURE APPLICATION PROCESS

RULE 4.1: FORM OF APPLICATION. All applications for licensure shall be made in a form and manner prescribed by the Board.

A recognizable photograph shall be included with the application. The photograph shall be not more than six (6) months old, 2 by 2 inches overall (passport size), and with the face not less than 3/4 inches wide.

34

All applicants shall undergo criminal history background check and shall provide his/her fingerprints for this purpose.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE: 4.2: ACCEPTANCE OF APPLICATIONS. An application not properly completed, not containing all of the required information, or not accompanied by the required fee will not be considered a completed application.

Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application. Persons who have been previously disciplined by the Board shall appear before the Board and show cause why they should be accepted as an applicant for licensure or enrollment. No person shall be eligible for licensure or enrollment that is not of good character and reputation.

Source: Miss. Code Ann. §73-31-9 and §73-31-11 and §73-31-13.

RULE 4.3: REFERENCES. Before an application may be deemed complete by the Board, in addition to an absence of felony conviction(s) or misdemeanor conviction(s) involving moral turpitude, in order to establish good moral character, the Board must be in receipt of references from three (3) licensed psychologists that have known or worked with the applicant within the five (5) year period immediately preceding the date of the application.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.4: TRANSCRIPT. Before an application may be deemed complete by the Board, the application must include a transcript from an institution of higher education that is: regionally accredited by an accrediting body recognized by the U. S. Department of Education, or authorized by Provincial statute or Royal Charter to grant doctoral degrees; and from a program accredited by the American Psychological Association, or the Canadian Psychological Association showing the conferral of a doctoral degree in psychology.

Transcripts shall bear the official seal or mark of the registrar of the educational institution. No action will be taken on any application until such transcript is received.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.5: TRANSCRIPT FROM APPLICANTS WITH DEGREES FROM FOREIGN SCHOOLS. When the applicant is a graduate of a doctoral level training program outside of the United States or Canada, the applicant must provide a transcript evidencing that the applicant has received a doctoral degree from a program of psychology that meets recognized acceptable professional standards as determined by the Board, which includes but is not limited to APA or CPA accreditation.

35 Such transcript shall bear the official seal or mark of the registrar of the educational institution. No action will be taken on any application until such transcript is received.

Source: Miss. Code Ann. §73-31-11 and §73-31-13.

RULE 4.6: EXPERIENCE RECORD. An applicant must demonstrate that he or she has supervised experience in the same area of emphasis as the academic degree reflected on his or her transcript. This experience must include an internship and meet the standards of training as defined by the Board in Miss. Code Ann. § 73-31-13.

Source: Miss. Code Ann. §73- 31-7 and §73-31-13.

RULE 4.7: APPLICANTS.

C. Temporary License: Applicants who are duly licensed in other jurisdictions and who have passed the Examination for Professional Practice in Psychology (EPPP), but who have not yet taken an oral examination, may apply for a temporary license.

1. No applicant who is under investigation by a licensure board in another jurisdiction, who has failed the board’s oral examination, or who has had a license previously suspended or revoked by the board, shall be eligible for the issuance of a temporary license.

2. A temporary license issued pursuant to this rule shall lapse at the next administration of the oral examination following the issuance of the temporary license unless, an extension of the temporary license is granted by the board for good cause shown.

3. A temporary license issued pursuant to this rule shall lapse if the applicant fails the oral examination.

4. A temporary license may be suspended or revoked by the board in the same time and manner as any other license issued by the board.

D. Temporary Practice Certificate: Applicants who are duly licensed in other jurisdictions and who are not residents of the State of Mississippi and who do not maintain an office within the State may apply for a Temporary Practice Certificate that allows them to practice psychology on a temporary basis in the State.

1. No applicant whose license to practice psychology in his or her jurisdiction was issued based on a level of education below a doctoral degree shall be eligible for a Temporary Practice Certificate.

2. The practice of psychology under a Temporary Practice Certificate shall be limited in duration and shall not exceed thirty (30) days during a consecutive twelve-month

36 period. A day being defined as any part of the day in which psychological work is performed.

3. The practice of psychology under a Temporary Practice Certificate shall be limited in scope and shall not be used to circumvent or avoid obtaining a license to practice psychology. No applicant who intends to practice full-time or a major portion of their time in the State of Mississippi shall be eligible for a Temporary Practice Certificate. Specific limitations on scope of practice include, but are not limited to, extended part- time employment or extended contractual employment or engagement, even if said employment or engagement is performed for fewer than thirty (30) calendar days during a consecutive twelve-month period.

4. An applicant may be issued a Temporary Practice Certificate no more than three (3) times and then the applicant will be required to apply for licensure.

5. Before any Temporary Practice Certificate may be issued, the applicant must provide to the board:

a. Verification of licensure in good standing with another board in a jurisdiction whose licensure requirement requires obtaining a doctoral degree.

b. A statement of the nature and scope of the practice to be provided.

c. An applicant for a Temporary Practice Certificate may be required to take a Mississippi jurisprudence examination covering the licensure law and Rules and Regulations of the Board.

d. No applicant who has been denied licensure by the Board shall be eligible for a Temporary Practice Certificate.

6. The granting of a Temporary Practice Certificate does not bear on an individual’s eligibility for licensure.

Source: Miss. Code Ann. §73-31-7 and §73-31-13 and §73-31-14.

RULE 4.8: RECONSIDERATION OF APPLICATION. An applicant may request reconsideration of a denial of application if the request is based on additional information or evidence which could affect the Board's decision.

A written request for reconsideration must be made within thirty (30) calendar days after notification.

An applicant may file a written request to appear before the Board to support the presentation of the additional information or evidence. Such additional information or evidence must be

37 submitted to the Board office at least thirty (30) calendar days before the scheduled date of appearance.

Source: Miss. Code Ann. §73-31-7.

RULE 4.9: DISPOSITION OF APPLICATIONS. Upon investigation of the application and other evidence submitted, the Board shallnotify each applicant that the application and evidence submitted is satisfactory and accepted, or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.

When an applicant has been approved by the Board to sit for an examination, the applicant shall be notified by the Credentialing Coordinator.

When an applicant has met all criteria for licensure, the applicant shall be notified of licensure and the action of the Board shall be reported in the minutes.

Source: Miss. Code Ann. §73- 31-7 and §73-31-13.

PART 3201 CHAPTER 5: APPLICANTS PREVIOUSLY LICENSED

RULE 5.1: APPLICANTS LICENSED IN OTHER JURISDICTIONS.

The applicant licensed in another jurisdiction may be exempt from the EPPP requirements described in Chapter 6 and may be administered an abbreviated oral examination if the applicant/psychologist meets the following criteria:

A. Has at least twenty (20) years of licensure to practice as a psychologist in another state, territorial possession of the United States, District of Columbia, Commonwealth of Puerto Rico or Canadian Province when that license was based upon a doctoral degree ; or

B. Is a diplomate in good standing of the American Board of Professional Psychology (ABPP); or

C. Holds a valid Certificate of Professional Qualification (CPQ) by the Association of State and Provincial Psychology Boards; and

D. Has completed the appropriate application and paid fees as required by the Board; and

E. Has passed the Mississippi jurisprudence examination and has passed the Board administered oral examination; and

F. Has not had their license revoked and has not surrendered their license as a result of an investigation or complaint in another jurisdiction during the entire period of licensure, is not currently completing a remediation plan or is not under any sanctions from another

38 licensing board as a result of an investigation or complaint, and is not currently under investigation by another licensing board.

Source: Miss. Code Ann. §73-31-7 §73-31-15.

RULE 5.2: PSYCHOLOGISTS EMERITUS: A psychologist who holds a valid license to practice in Mississippi may apply for psychologist emeritus status at the time of license renewal if the psychologist meets the following criteria:

A. The psychologist is 65 years old or older, and

B. Has held a Mississippi license for at least twenty (20) continuous years, and

C. Is retired from full-time practice, as defined by no more that eighty (80) hours per month of practice of any type, and

D. Has submitted the appropriate application and fee to the Board.

E. Upon approval by the Board, the psychologist emeritus must renew his or her license on the same annual schedule as permanent license at one half (1/2) the fee of the standard permanent license renewal fee.

F. Continuing Education requirements are the same as the standard permanent license.

G. If a psychologist wishes to give up emeritus status and reinstate a standard permanent license, he or she must submit a written request to the Board at the time of license renewal.

Source: Miss. Code Ann. §73-31-3(d), §73-31-7, §73-31-17.

PART 3201 CHAPTER 6: EXAMINATION

RULE 6.1: WRITTEN EXAMINATION. The Board will use the Examination for Professional Practice in Psychology (EPPP) published by the Association of State and Provincial Psychology Boards (ASPPB). The applicant will bear the cost of the examination and any other charges for administering the examination.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.2: SCORES ON THE EPPP. The EPPP will be scored by the Professional Examination Service (PES) and the scores for Mississippi applicants reported to ASPPB and to the Board. Applicants will be required to attain the ASPPB-recommended passing score (National Scaled Score) of 500.

39 Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.3: NOTIFICATION OF TEST SCORES. The Credentialing Coordinator will be responsible for notifying the applicant of the results of the EPPP. Such notification will take place within ten (10) working days of the Board’s receipt of the scores.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.4: FAILING SCORES ON THE EPPP. When an applicant fails the EPPP on the first attempt, he or she is eligible to take the EPPP a second time, no sooner than two (2) months following the first attempt on the EPPP.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.5: REPORTING EPPP SCORES. Applicants will be responsible for having ASPPB report any past EPPP scores to the Board. Any applicant who fails to report all prior EPPP scores to the Board when making application may be subject to disciplinary action including, but not limited to, the denial of his or her application.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.6: REPEATED FAILURES ON THE EPPP. After two (2) successive failures, an individual may not reapply for licensure until two (2) years after the date of the last failed examination. Applicants who have failed two (2) successive examinations of the EPPP will have their application files closed. Each successive failure will require an additional two (2) year waiting period before reapplication may occur. Applications must be submitted in accordance with the Mississippi Statute and Board Rules and Regulations in effect at that time.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.7: ORAL EXAMINATION. When an oral examination is required for licensure, examination panels will consist of three psychologists, at least one of whom shall be a Board member. A Board member will chair the examination panel and will be responsible for the proper conduct of the questioning and completion of the examination forms. Examinations will be recorded by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.8: CONDUCT OF ORAL EXAMINATION. Oral examinations will be conducted no less than twice each year. After passing the written examination (EPPP), and, passing the Mississippi jurisprudence examination (with a minimum score of 90), applicants may be approved to take the oral examination on the date set by the Board. The applicant will be responsible for being on time for the examination. Late appearance may have the effect of canceling the examination for the applicant for that day. An applicant should expect the oral examination to last approximately 45 minutes to 1 hour.

40 Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.9: NOTIFICATION OF THE RESULT OF THE ORAL EXAMINATION. After the Board ratifies the oral examination result, the Credentialing Coordinator shall notify the applicant within ten (10) working days. If the applicant has failed the oral examination, the Credentialing Coordinator shall advise the applicant of the approximate date of the next applicable oral examination, as indicated in the Rules and Regulations.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.10: REPEATED FAILURES ON THE ORAL EXAMINATION.

Applicants who have failed two (2) successive oral examinations will have their application files closed. After two (2) or more successive failures of the oral examination; an individual may not reapply until two (2) years after the date of the last failed oral examination. A new application and payment of fee must be filed according tothe Mississippi Statute and the Rules and Regulations of the Board in effect at the time of the new application.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.11: LENGTH OF TIME A LICENSE APPLICATION WILL BE CARRIED. If an applicant who is approved to take the EPPP or the oral examination waits more than one year from the date of notice before scheduling the examination the Board will close the file. If there is no progress on an application or no communication from the applicant for more than one year, the Board will close the file.

If the applicant wishes to reapply, an entirely new application will be required, including payment of application fees. The new application will be based on the Mississippi Statute and the Rules and Regulations of the Board in effect at the time of the new application.

Source: Miss. Code Ann. §73-31-7.

RULE 6.12: OTHER REASONS FOR TERMINATING APPLICATION. An applicant who engages in any act that could result in discipline or revocation of an active license will have their application terminated from further consideration for a license. The applicant will be notified of the Board’s action in such a case, and will be given the opportunity for a hearing before the Board should the applicant wish to request reconsideration by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

RULE 6.13: LICENSURE. After all the licensing procedures have been completed and the applicant has been found to possess the qualifications necessary to be licensed as a psychologist under the Laws of Mississippi, the Board shall issue a license under the sign and seal of the Board within ten (10) working days.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

41

RULE 6.14: SPECIALTY RECOGNITION. The Board issues a generic license; the Board does not recognize specialty areas of practice through licensure. The Board expects the psychologist to practice only in areas in which he or she is deemed competent by virtue of his or her education and training. The Board also expects the psychologist to use in any public statement only those titles to which the psychologist is entitled.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

PART 3201 CHAPTER 7: EDUCATIONAL REQUIREMENTS FOR LICENSURE

RULE 7.1: EDUCATIONAL REQUIREMENTS.

A. For the purposes of evaluation of educational programs, the Board will utilize the following criteria to determine if a program is a psychology program:

The program is accredited by the American Psychological Association (APA) or the Canadian Psychological Association (CPA).

B. Graduates of newly established programs seeking accreditation must provide documentation that the program had an active application for APA or CPA accreditation, as defined by the APA or CPA Board of Accreditation, at the time the degree was granted. The names of programs that have submitted applications for accreditation, and the status of the applications, are available from the APA and the CPA.

Source: Miss. Code Ann. §73-31-7.

RULE 7.2: INTERNSHIP. A minimum of one year of full-time, or two years of half-time predoctoral experience is required.

Source: Miss. Code Ann. §73-31-7.

RULE 7.3: STANDARDS FOR DEFINING THE INTERNSHIP EXPERIENCE. The internship must be accredited by the APA or the CPA except as noted below.

Programs working toward accreditation must have an active application with APA or CPA, as defined by the APA or CPA Board of Accreditation, at the time the intern completed the program. The internship shall be appropriate to the applicant’s graduate training specialization.

Source: Miss. Code Ann. §73-31-7 and §73-31-13.

42 RULE 7.4: ACCOUNTABILITY IN SUPERVISION. It is the supervisor who retains final professional responsibility and accountability for the functions performed by interns and supervisees. The supervisor is responsible for reviewing test protocols, and for reviewing and discussing intervention plans, strategies, and outcomes.

Source: Miss. Code Ann. §73-31-7.

RULE 7.5: BURDEN OF PROOF OF TRAINING. It is the responsibility of the applicant to provide evidence as prescribed by the Board that education, training, experience described as requirements in Chapter 4 of these Rules and Regulations is equal to or exceeds these requirements.

Source: Miss. Code Ann. §73-31-7.

RULE 7.6: DIPLOMATES. Possession of the diploma(s) of the American Board of Professional Psychology (ABPP) shall be considered prima facie evidence that the educational requirements have been met.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 8: DISCIPLINARY ACTIONS

RULE 8.1: . Complaints may be proffered by anyone who believes that a violation of Law or the Rules and Regulations may have occurred.

Except as noted in Rule 8.3 below, all complaints proffered must be made in writing by the person or persons making them and shall be filed with the Board.

All complaints shall be made on forms prescribed by the Board, which are available from the Board. The information required includes the name and addresses of the complainant and the respondent, a concise statement of the complaint with facts supporting the allegation that a violation has occurred and a statement of the relief sought. The complainant shall sign the form.

In instances in which the Board is presented with prima facie evidence of a violation of the law or the Rules and Regulations, a written statement by the complainant will not be required. The Board, on its own initiative, may investigate or cause to be investigated, any allegation or evidence which appears to show that a licensed psychologist or an unlicensed person is, or may be, in violation of the law or Rules and Regulations governing the practice of psychology in the State of Mississippi.

No investigative action will be taken regarding submissions that are neither prima facie evidence nor accompanied by the written statement .

Following the receipt of such complaints or prima facie evidence, the Board will proceed to

43 investigate, and unless dismissed as frivolous, unfounded, or filed in bad faith, will proceed in accordance with the provisions of the statute involved.

Source: Miss. Code Ann. §73-31-7.

RULE 8.2: Investigative Procedures Upon the filing of complaints, the Executive Director shall refer them to the Executive Secretary of the Board, or other board member for investigation. If there is a conflict of interest or a case where the objectivity of any Board member is in question, they would not serve to investigate the complaint. The Executive Secretary of the Board or designated Board member may institute an investigation of the complaint and, after consultation with the investigative committee, determine whether to proceed with a letter of admonition, an educational letter, a consent order, an informal conference, or a formal disciplinary hearing.

Neither the investigating Board member nor any Board member with a conflict of interest shall sit as a deliberating/voting member of the Board during the disciplinary hearing resulting from that investigation.

Source: Miss. Code Ann. §73-31-7.

RULE 8.3: Disciplinary Proceedings

Complaints, Summons, and Notice of Hearing D. For the purposes of this rule, "summons and notice of hearing" refers to the document accompanying the complaint which compels the respondent to appear and sets forth the time and place of the hearing.

The summons and complaint together with a copy of the applicable Law and Rules and Regulations shall be:

4. Mailed by registered or certified mail, return receipt requested, to either the respondent's last known business or residence address or the most recent address of the accused on file with the Board, or

5. Personally served on the respondent, and

6. Provided not less than thirty (30) calendar days prior to the scheduled date of the disciplinary hearing.

E. Consent Orders. If after receipt of a complaint and prior to the disciplinary hearing an accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. This opportunity for settlement shall be within the sole discretion of the investigative committee. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

44 F. Informal Conferences. The respondent may request an informal conference at the Board office with the investigative committee for the purpose of showing that the allegations contained in the complaint are not true. The respondent may have an attorney present only in an advisory capacity. If the respondent desires a conference and the complaint cannot thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order.

The informal conference and/or settlement negotiation shall be completed prior to a date ten (10) working days before the scheduled date of the disciplinary hearing; provided, however, the Board's investigative committee, at its sole discretion, may continue the disciplinary hearing at the request of the respondent for the purpose of completing said proceedings.

Source: Miss. Code Ann. §73-13-7 and §73-31-21.

RULE 8.4 Conflict and Bias. A Board member shall not be entitled to participate in any disciplinary action if the Board determines that such a Board member is personally biased against the accused.

Source: Miss. Code Ann. §73-31-7.

RULE 8.5 Disciplinary Hearings

A. Continuances: It must be recognized that the Board consists of primarily practicing psychologists. Unlike the judiciary, the Board members are not in the business of conducting hearings; therefore hearings will be held only during regularly scheduled meetings or other dates established by the Board. Attorneys representing psychologists should take this fact into consideration. A scheduled hearing may be continued if the respondent shows substantial legitimate grounds for continuing the hearing. A grant of continuance shall be based on a balance of the right of respondent to a reasonable opportunity to prepare and present a defense and the Board's responsibility to protect the public health, safety and welfare.

B. Where the counsel for respondent has a scheduling conflict on the initial hearing date continuances shall be liberally granted.

C. Conduct of Hearing:

1. Hearing Examiner. The Board may, at its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence and procedure in accordance with the provisions of these rules.

2. Plea. The accused shall either admit or deny the charges set forth in the complaint.

3. Opening Statement. Each side shall be permitted to make a short opening statement.

45 4. Form of Hearing. The Board shall present its evidence, followed by the accused, followed by such rebuttal as may be necessary and proper. Each witness called may be examined in the following manner:

1. Direct examination
2. Cross examination
3. Re-direct examination
4. Re-cross examination

5. Closing Statement. Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant Law to the evidence presented.

6. Evidence. The Mississippi Rules of Evidence shall be used as a general guide for the presentation of evidence, however any evidence which reasonably appears to be relevant to the issues of the case may be allowed notwithstanding its inadmissibility under said Rules, unless the evidence offered is clearly of a privileged nature.

7. Procedure. The Mississippi Rules of Civil Procedure shall be used as a general guide for the conduct of the proceedings, however formal adherence to said Rules shall not be mandated except as may be reasonably required to promote the ends of justice.

Source: Miss. Code Ann. §73-31-7.

RULE 8.6. Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal there from as provided for in Section 73-31-21 of the Mississippi Code annotated (1972)

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 9: CIVIL COMMITMENT CERTIFICATION

RULE 9.1: CIVIL COMMITMENT CERTIFICATION. The Board is empowered to recognize and certify those psychologists who are qualified to perform civil commitment evaluations for the chancery court and youth courts.

Source: Miss. Code Ann. §73-31-7.

RULE 9.2: CRITERIA OF ELIGIBILITY. In order to be certified, the applicant must satisfy the following criteria:

A. Holds a permanent license to practice psychology in Mississippi and has met requirements appropriate to certification to perform civil commitment examinations;

46 B. Possess appropriate skill in making a proper diagnosis of the presence or absence of mental illness; and

C. Possesses competence in understanding the civil commitment law, including the legal and ethical implications of involuntary civil commitment.

The last two requirements will be accomplished by means of a written examination, including a written performance sample.

Source: Miss. Code Ann. §73-31-7.

RULE 9.3: CIVIL COMMITMENT CERTIFICATION EXAMINATION. Upon receipt of a request by a licensed psychologist who has received approval by the Board, and payment of the fee set by the Board, the Civil Commitment Coordinator will schedule the applicant for the next administration of the certification examination. Such examination shall be scheduled annually or more frequently if the number of applicants warrants.

Source: Miss. Code Ann. §73-31-7.

RULE 9.4: INELIGIBILITY. If the applicant is found ineligible for certification, the applicant will be so notified by the Civil Commitment Coordinator. Such notification will take place within thirty (30) calendar days of the day the Board made the decision, and will be sent by certified or electronic mail. An applicant so notified shall have a period of thirty (30) calendar days following notification in order to file with the Board a written request for reconsideration. Such written request shall include the specific reasons for which reconsideration is requested.

Source: Miss. Code Ann. §73-31-7.

RULE 9.5: EVALUATION OF EXAMINATIONS. The Civil Commitment Coordinator or other psychologist designated by the Board will score the written examination. In order to pass, the applicant must attain a correct score of at least 80%. The examiner will also score the performance sample examination on a pass or fail basis. A second reviewer may be appointed by the Civil Commitment Coordinator (or other designated psychologist from the Board) and may also score the written performance sample. To pass the examination, the applicant must receive a passing score. Should the two (2) reviewers not agree, the Civil Commitment Coordinator will appoint a third reviewer. The majority opinion of three (3) reviewers will determine the outcome of the examination.

The Civil Commitment Coordinator will report the outcome of the examination to the Board at the next scheduled meeting at which time the results will be ratified by the Board.

Source: Miss. Code Ann. §73-31-7.

RULE 9.6: NOTIFICATION TO APPLICANT. Within fourteen (14) calendar days following the Board’s ratification of the examination results, the Board shall notify the applicant

47 of the outcome of their examination. The applicant’s license shall reflect certification to conduct civil commitment evaluations. An applicant who fails one or both sections of the examination will be notified of the failure and that they may retake the failed section(s) at the next administration of the certification examination.

Source: Miss. Code Ann. §73-31-7.

RULE 9.7: REPEATED FAILURES. If the applicant fails the civil commitment examination twice, re-examination will be deferred for two years. If the failed applicant wishes to take the examination a third time, the applicant must first obtain supervision and training specific to civil commitment and provide the Board with documentation of such training.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 10: LICENSE RENEWAL

RULE 10.1: ANNUAL LICENSURE RENEWAL. The Continuing Education Coordinator shall cause the notices for renewal of licensure to be sent out to each licensed psychologist annually during the month of April. Each licensed psychologist shall properly complete the renewal process and submit the renewal fee. A license will lapse if the renewal process is not complete and the renewal fee is not paid by June 30. A licensee granted a license at any time during a fiscal year shall be required to renew his/her license for the succeeding year in accordance with this paragraph.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 10.2: RENEWAL OF LAPSED LICENSES. Psychologists who allow their license to lapse by failing to complete the renewal process and/or pay the renewal fee or who voluntarily surrender their license while in good standing, retain the privilege of renewal. In such cases, the license may be reinstated provided that:

A. A written request for reinstatement occurs within two years from the last renewal date, in which the individual was fully licensed, and

B. All fees for the period are paid in full, noting that after June 30 of the renewal year, the Board may assess a late fee of $50.00 plus $5.00 additional for each month after July, and

C. All continuing education requirements have been fulfilled, and

D. There is no evidence that the psychologist has engaged in actions that are in violation of legal statutes or the Ethical Principles of Psychologists during the period of lapsed license and is not currently under investigation by a licensure board.

48 E. A psychologist wishing to renew a license that has lapsed for more than two (2) years shall be required to re-apply for licensure, under the statute, rules and regulations and other requirements in effect at the time of initiating the new application process.

Source: Miss. Code Ann. §73-31-7, §73-31-9, and §73-31-13.

RULE 10.3: FEES SET BY THE BOARD. At a meeting prior to the commencement of each fiscal year, the Board will set fees for applications, certifications, examinations, renewal of licenses, duplicate licenses, and license verifications within the limits set by the legislature. The list of fees will be available from the Board upon request. All fees submitted are nonrefundable.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

PART 3201 CHAPTER 11: EXEMPTED PROFESSIONS

RULE 11.1: QUALIFIED PROFESSIONAL GROUPS AND INDIVIDUALS EXEMPTED FROM JURISDICTION OF THIS BOARD. Section 73-31-27 of the Mississippi Code of 1972 as amended partially exempts qualified members of other professional groups who perform work of a psychological nature..

Source: Miss. Code Ann. §73-31-7 and §73-31-27.

RULE 11.2: PSYCHOLOGIST’S ASSISTANTS. Nothing in these rules shall be construed or interpreted in such a way as to limit a qualified assistant to a psychologist in performing duties assigned by said psychologist; except that, no supervised assistant shall perform duties under such supervision that the psychologist is not qualified to perform.

Source: Miss. Code Ann. §73-31-7 and §73-31-27.

PART 3201 CHAPTER 12: CONTINUING EDUCATION

RULE 12.1: CONTINUING EDUCATION. License renewal in odd numbered years requires the psychologist to show evidence of a minimum of twenty (20) clock hours of Board approved continuing education (CE) activities during the two-year period of time ending on June 30 of the odd numbered year. The Board shall follow the guidelines below in administering this requirement.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.2: MINIMUM CONTINUING EDUCATION REQUIREMENT. Psychologists shall document successful completion of twenty (20) clock-hours of acceptable continuing education during each biennial period. Continuing education activity is reportable only in clock- hours. A minimum of two (2) of these twenty (20) clock-hours of continuing education must involve topics in professional ethics or legal issues in the delivery of psychological services.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

49

RULE 12.3: CRITERIA OF ACCEPTABILITY. Continuing education encompasses a wide range of training designed to provide or update knowledge and skills. Acceptable continuing education activities are defined as:

Formally organized and planned instructional experiences offered by an American Psychological Association approved (APA-approved), Canadian Psychological Association approved (CPA-approved), National Association of School Psychologists (NASP), American Academy of Continuing Medical Education (AACME) or Board approved provider, with objectives compatible with the professional continuing education needs of practicing psychologists, or

For registered attendance at psychological or inter-professional conferences or training programs offered by nonBoard-approved providers, but directly related to the practice of psychology and lasting one full day or longer, the Board will accept up to three (3) clock hoursfor each such conference or training program. During a biennium, the Board will accept a maximum of six (6) clock hours from such conferences or training programs toward satisfying the continuing education requirement. . Such credit requires no advance approval..

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.4: CRITERIA FOR BOARD APPROVED CE PROVIDERS. The Mississippi Psychological Association, APA-approved internship and fellowship training programs and graduate training departments of psychology with APA-accredited training programs are eligible to apply for Board-approved CE Provider status. The application process and status determination and review procedures can be obtained from the Board office and are available on the Board website. Board-approved CE providers must renew their provider status every two (2) years. The renewal process should be completed prior to July 1 of the year in which the provider status expires. A list of Board-approved providers is available on the Board website.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.5: REPORT REQUIREMENTS.

A. Biennial Reporting Period. Licensees must report their continuing education hours to the Board no later than June 30th of odd-numbered years.

B. Report Format. Continuing Education (CE) must be reported to the Board using the online system available on the Board website. Failure to submit CE hours in the required format will result in an audit of CE hours and may delay the license renewal process.

C. Documentation. Licensees shall retain corroborating documentation of their continuing education participation. Corroborative documents include certificates of completion that include a statement of accreditation by the provider Although corroborating documentation is not

50 routinely required as part of the licensee’s submission, the Board may, at its discretion, request such documentation. In addition, the Board will perform a random audit of no less than five (5) percent of the CE reports. Any misrepresentation of continuing education will be cause for disciplinary action by the Board.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.6: EXEMPTIONS. Newly licensed psychologists are considered to have satisfied continuing education requirements for the remainder of the fiscal year in which their license is granted. Therefore, if the subsequent year (July 1-June 30) is a CE reporting year, the newly licensed psychologist shall be required to submit only one-half (1/2) the number of hours specified above, that is, ten (10) hours.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

RULE 12.7: NONCOMPLIANCE AND REINSTATEMENT.

A. Noncompliance shall include:

1. Failure to file a report on time;

2. Failure to provide documentation requested for audit, or failure to report a sufficient number of acceptable continuing education clock-hours, as defined above.

B. Notice of Noncompliance. The Board shall serve written notice of noncompliance to a psychologist determined to be in noncompliance. A plan of compliance or documentation to show compliance must be received by the Board in order for reinstatement to be considered. The Board may impose disciplinary action for a psychologist’s failure to fulfill continuing education requirements.

Source: Miss. Code Ann. §73-31-7 and §73-31-9.

PART 3201 CHAPTER 13: ORAL PROCEEDINGS ON PROPOSED RULES

RULE 13.1: SCOPE. These Rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to the Mississippi Administrative Procedures Act (Miss Code Ann §25-43-3.104).

Source: Miss Code Ann. §25-43-3.104 and §73-31-7.

RULE 13.2: WHEN ORAL PROCEEDINGS WILL BE SCHEDULED ON PROPOSED RULES. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) working days after the filing of the notice of the proposed rule.

51

Source: Miss. Code Ann. §73-31-7.

RULE 13.3: REQUEST FORMAT. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8- 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

Source: Miss. Code Ann. §73-31-7.

RULE 13.4: NOTIFICATION OF ORAL PROCEEDING. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) working days from the filing of this information with the Secretary of State.

Source: Miss. Code Ann. §73-31-7.

RULE 13.5: PRESIDING OFFICER. The Chairperson or his or her designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

Source: Miss. Code Ann. §73-31-7.

RULE 13.6: PUBLIC PRESENTATIONS AND PARTICIPATION. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed rule.

A. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.

B. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

C. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

D. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

52 E. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

Source: Miss. Code Ann. §73-31-7.

RULE 13.7: CONDUCT OF ORAL PROCEEDING. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (I) call the proceeding to order; (II) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (III) call on those individuals who have contacted the Board about speaking on or against the proposed rule; (IV) allow for rebuttal statements following all participant’s comments; (V) adjourn the proceeding.

A. Questions. The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

B. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Department’s public records request procedure.

C. Recording. The Board may record oral proceedings by stenographic or electronic means.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 14: DECLARATORY OPINIONS.

RULE 14.1: SCOPE. These Rules are intended to set forth the Board’s rules governing the form and content of requests for declaratory opinions and the Board’s procedures regarding the requests, as required by Mississippi Code Annotated Section 25-43-2.103.

Source: Miss. Code Ann. §73-31-7.

RULE 14.2: PERSONS WHO MAY REQUEST DECLARATORY OPINIONS. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. A substantial interest in the subject matter means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. A Primary jurisdiction of the agency means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

Source: Miss. Code Ann. §73-31-7.

53

RULE 14.3: SUBJECTS THAT MAY BE ADDRESSED IN DECLARATORY OPINIONS. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the Board.

Source: Miss. Code Ann. §73-31-7.

RULE 14.4: CIRCUMSTANCES IN WHICH DECLARATORY OPINIONS WILL NOT BE ISSUED. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. Lack of clarity concerning the question presented;

B. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

C. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

D. The facts presented in the request are not sufficient to answer the question presented;

E. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

F. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

G. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

H. The question presented by the request concerns the legal validity of a statute or rule;

I. The request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

J. No clear answer is determinable;

K. The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

54 L. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

M. The question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion;

N. A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

O. Where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

P. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

Source: Miss. Code Ann. §73-31-7.

RULE 14.5: WRITTEN REQUEST REQUIRED. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

Source: Miss. Code Ann. §73-31-7.

RULE 14.6: WHERE TO SEND REQUESTS. All requests must be submitted by certified mail to: Mississippi Board of Psychology, P.O. Box 20, Jackson, MS 39205.

Source: Miss. Code Ann. §73-31-7.

RULE 14.7: DECLARATORY OPINION REQUEST. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests, or electronic mail requests will be accepted for official opinions.

Source: Miss. Code Ann. §73-31-7.

RULE 14.8: NAME, ADDRESS AND SIGNATURE OF REQUESTOR. Each request must include the full name, telephone number, and mailing address of the requestor. The person or persons filing the request shall sign the request and attest that the request complies with the

55 requirements set forth in these rules. The requirements include, but are not limited to a full, complete, and accurate statement of relevant facts, and that there are no related proceedings pending before any other administrative or judicial tribunal.

Source: Miss. Code Ann. §73-31-7.

RULE 14.9: QUESTION PRESENTED. Each request shall contain the following:

A. A clear and concise statement of all facts on which the opinion is requested;

B. A citation to the statute or rule at issue;

C. The question(s) sought to be answered in the opinion, stated clearly;

D. A suggested proposed opinion from the requestor, stating the answers desired by the petitioner and a summary of the reasons in support of those answers;

E. The identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

F. A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

Source: Miss. Code Ann. §73-31-7.

RULE 14.10: TIME FOR BOARD RESPONSE. Within forty-five (45) working days after the receipt of a request for a declaratory opinion that complies with the requirements of these rules, the Board shall, in writing:

A. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances,

B. Decline to issue a declaratory opinion, stating the reasons for its action, or

C. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) calendar days after receipt of the written request.

The forty-five (45) working day period shall begin running on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner.

Source: Miss. Code Ann. §73-31-7.

RULE 14.11: OPINION NOT FINAL FOR SIXTY DAYS. A declaratory opinion shall not become final until the expiration of sixty (60) calendar days after the issuance of the opinion. Prior to the expiration of sixty (60) calendar days, the Board may, in its discretion, withdraw or

56 amend the declaratory opinion for any reason that is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

Source: Miss. Code Ann. §73-31-7.

RULE 14.12: NOTICE BY BOARD TO THIRD PARTIES. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies, or other entities other than the requestor.

Source: Miss. Code Ann. §73-31-7.

RULE 14.13: PUBLIC AVAILABILITY OF REQUESTS AND DECLARATORY OPINIONS. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests that contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

Source: Miss. Code Ann. §73-31-7.

RULE 14.14: EFFECT OF A DECLARATORY OPINION. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 15: AMENDMENT PROCEDURE

RULE 15.1: AMENDMENTS TO THE RULES. The Board may, on its own motion, and passed by a majority of the members of the Board when a quorum is present, amend any rule or regulation of the Board. Such an amendment will take effect upon compliance with the Administrative Procedures Act of the State of Mississippi.

Source: Miss. Code Ann. §73-31-7.

PART 3201 CHAPTER 16: SEVERABILITY CLAUSE

57 RULE 16.1: SEVERABILITY CLAUSE. If any section of these Rules and Regulations, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of any section or part thereof.

Source: Miss. Code Ann. §73-31-7.

MISSISSIPPI MOTOR VEHICLE COMMISSION MISSISSIPPI MOTOR VEHICLE COMMISSION

Part 1301 Administrative Regulations for the Mississippi Motor Vehicle Commission

Chapter 1 Damage Disclosure

30 Miss. Admin. Code Pt. 1301, R. 1.1 Damage Disclosure

On any vehicle, corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to dealer transfers and consumer deliveries. Damage to glass, tires and bumpers and any damaged components or options which can be replaced by identical components are excluded from the six percent (6%) regulation when replaced by identical manufacturer’s original equipment. This regulation does not waive or alter any requirements or obligations which may be created by other Federal or State laws and regulations.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 3 Off Premises Display and Sale Guidelines

30 Miss. Admin. Code Pt. 1301, R. 3.1 Displays away from premises, except as otherwise provided in subdivisions (1) of the Rule

A dealer shall make all displays at the licensed established place of business. 1. A dealer may conduct display(s) at additional locations subject to a phone call to the Commission Director, followed up with a letter stating the place and dates, and a copy of your territory assigned by the factory or distributor. a. The off premises display is held in your territory, assigned by the factory or distributor. b. Display vehicle and / or vehicles not for sale must be locked and unattended without literature.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 3.2 Off-Premises Sales Guidelines (Amendment: (Rule 3.4)(D)(Effective 4-18-97)

Sales away from premises. Except as otherwise provided in Rule 3.3 and 3.4 of this rule, a dealer shall make all sales at the licensed established place of business.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 3.3 A dealer may make a sale at the home of place of business of a customer

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 3.4 Rule 3.4

A dealer may conduct sales at additional location subject to written authorization issued by the Mississippi Motor Vehicle Commission. Such authorization will be considered if: A. Must have written approval from factory or distributor giving permission to participate in the sale, a copy of your territory assigned by the factory or distributor, and a copy of the written agreement with the location owner / lessor. Copies of the written approvals must be in the Motor Vehicle Commission Office at least 15 days prior to the 3 rd Wednesday of the month. B. The off premises sale is held in your territory, assigned by the factory or distributor. C. The dealership man a booth or desk at the away from premises location which has the dealers name prominently displayed and at which location written authorization from the Commission kept throughout the sale. D. The dealer can participate in 2 away sales within a calendar year. E. The sale is to be of 10 days duration or less. 12 hours prior to start of the sale and 12 hours immediately following termination will be allowed for assembling and dismantling respectively. F. Neither the dealer nor the away from premises location is presently on probation. G. No request will be approved beyond 60 days prior to the sale.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 3.5 Rule 3.5

Satellite location: an extension of the primary location, within the territory assigned by the manufacturer and / or distributor, (excluding heavy truck, specialty vehicles, & motorcycles). A. The dealer must have: (1) Written approval from the factory and / or distributor giving permission to build a satellite location; (2) Planning volume for new vehicles at this location; (3) and written authorization issued by the Mississippi Motor Vehicle Commission. Such authorization will be issued when the satellite guidelines are met. B. Satellite Facility Guidelines:

Total Car & Light Show Room Show Room Office Square Parts Square General Service Total Square Truck Planning Vol. Units Sqaure feet Feet Feet Units Feet 50 2 800 600 900 4 4,800 100 3 1200 600 1200 5 5,900 150 3 1200 600 1500 6 6,800 200 3 1200 1000 1700 7 7,900 250 3 1200 1000 1900 8 8,500 300 4 1600 1500 2300 10 14,600 400 4 1600 1600 2800 12 16,400 500 4 1600 2000 3300 14 18,200

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 4 Vehicle Advertising

30 Miss. Admin. Code Pt. 1301, R. 4.1 Rules on Advertising

The objective of Rule 4 is to implement the intent of the legislature by providing the regulation of the advertising by licensed new motor vehicle dealers, manufacturers, and distributors, in the interest of furthering truthful and accurate advertising practices for the benefit of the citizens of the State of Mississippi. Rule 4 intended to apply to any written, visual or oral communication to a consumer by any personal representation newspaper advertisement, magazine advertisement, circular, billboard advertisement, direct mailing, sign, radio or television advertisement, telephone solicitation, internet, email electronic or other form of communication.

All advertising shall be in compliance with the Federal Trade Commission’s Regulations “M” (Lease Regulation) and “Z” (Truth in Lending Act).

Rule 4.2. Specific Rules: A. Employee Pricing: A dealer may not advertise they are selling vehicles at employee pricing unless it is a manufacturer’s program.

B. Bait Advertising: "Bait" advertising is an unfair and deceptive practice and shall not be used by any Licensee. Bait advertising is an alluring but sincere offer to sell a product, the primary purpose of which is to obtain leads to persons interested in buying merchandise of the type advertised and to switch consumers from buying the advertised product in order to sell some other product at a higher price or on a basis more advantageous to the advertiser. Advertising a new motor vehicle at a price which does not include all equipment listed as standard equipment by the manufacturer or distributor without disclosing such fact, or eliminating any such equipment for the purpose of advertising a low price and "baiting" the customer into changes above the advertised price is prohibited as misleading and deceptive.

C. Availability of Vehicles:

1. A dealer may advertise a specific new or used motor vehicle or line-make of vehicles for sale if the specific motor vehicle or line-make is in the possession of the dealer at the advertised address or available to be shipped to the dealer by the manufacturer or distributor from the manufacturer’s or distributor’s inventory within a reasonable time, and willingly shown and sold as advertised, illustrated, or described at the advertised price and terms. When advertising motor vehicles located at a dealership(s) under common ownership, the specific location should be clearly and conspicuously disclosed. 2. If the specific motor vehicle or line-make is not in the possession of the dealer at the time the advertisement is placed, the dealer shall clearly and conspicuously disclose that fact in the advertisement and state that the motor vehicle may be obtained from the manufacturer, distributor, or some other source, including dealership(s) under common ownership. The advertisement shall set forth the number of motor vehicles available at the advertised price, if a price is advertised, at the time the advertisement is placed or the dealer can show that it has the number of motor vehicles available to meet the reasonable expectable public demand based on prior experience. 3. If an advertised price pertains to only one specific motor vehicle, then the advertisement shall also disclose the motor vehicle's stock number or VIN. 4. This section does not prohibit general advertising of motor vehicles by a manufacturer, dealer advertising association, or distributor, nor does it prohibit

the inclusion of the names and addresses of the dealers authorized to sell such motor vehicles in the particular area.

D. Untrue Claims: The following statements shall not be used in any advertising by any dealer: 1. Statements such as "write your own deal", "name your own price", "name your own monthly payments", or statements with similar meaning. 2. Statements such as "everybody financed", "no credit rejected", "we finance anyone", “all applications accepted” and other similar statements representing or implying that no prospective credit purchaser will be rejected because of his inability to qualify for credit. 3. Statements representing that no other dealer grants greater allowances for trade- ins, however stated, unless such is the case and information is provided to the Commission before the ad is run. 4. Statements representing that because of its large sales volume a dealer is able to purchase vehicles for less than another dealer selling the same make of vehicles, unless such is the case and information is provided to the Commission before the ad is run.

E. Inclusion in Price and Add-ons for Dealer Advertisements: When the price of a vehicle is advertised in a local medium, the vehicles shall be fully identified as to year, make, model, and if new, used, or lease. In addition, the stated price must include all charges which the customer must pay for the vehicle, including but not limited to, "freight" or "destination charges", "dealer preparation", "dealer handling", "additional dealer profit", "additional dealer margin", and "undercoating or rust proofing" if the vehicle is already so equipped. The advertised price need not include state and local taxes, tags, registration, title fees, and documentary/service fee. Full disclosure shall be required and shall include: • Year./make/model • Stock number • Down payment • Monthly note • APR • Number of payments • With approved credit • Plus tax, title, and doc fee

F. Minimum Trade-in Allowances: Because the amount of trade-in allowance will vary depending on the condition, model, and age of a buyer's vehicle, no specific trade-in amount or range of amounts shall be used in advertising. In the event of a government

sponsored trade-in program, the minimum trade-in amounts are allowed to be advertised.

G. Disclosure of Material Facts: Any disclosures about material facts which are contained in advertisements and which involve types of vehicles and transactions must be made in a clear and conspicuous manner to minimize the possibility of misunderstanding by the audience. Factors to be taken into consideration include, but are not limited to, ad layout, headlines, illustrations, type size, contrast, crawl speed, and editing. Commonly known abbreviations may be used in advertising; however, those not generally known shall be avoided.

H. Footnotes: An asterisk (or other characters) may be used to give additional information about a word or term; however, use of one or more footnotes or asterisks which, alone or in combination, contradict, confuse, materially modify or unreasonably limit a principal message of the ad shall not be used. 1. Used Vehicles - vehicles of the current and any preceding model year which are "used" shall be clearly identified as such. 2. Whenever any advertisement relates to a lease, the advertisement must make readily apparent (in the body of the ad and not the disclaimer) to the audience that the transaction advertised is a lease. 3. Credit Terms – when credit terms are advertised, they must comply with the specific disclosure requirements of the credit advertising provisions of the "Truth- in-Lending" Act and Regulation Z. 4. Lease Terms - when lease terms are advertised, they must comply with the specific disclosure requirements of the lease advertising provisions of the "Truth- in-Lending" Act and Regulation M. 5. Television Disclosures - any television advertisements must clearly feature all necessary information in a manner that can be read and understood. 6. Internet Disclosures – any internet advertisement may be considered compliant if: a) The viewer highlights, hover a mouse or cursor over, or otherwise selects certain text or images on a screen that results in an immediate and legible visible disclosure, or b) Only one click or select text or image(s) is required to view the disclosure; and c) The internet advertisement clearly and conspicuously indicates where to hover or click for the disclosure and is in close proximity to the information being disclosed.

I. Disclosure in Invoice Ads: The terms "invoice", "factory invoice", “pay what we pay”, "dealer invoice" or "dealer cost" shall not be used as a reference price (such as, but not limited to, $100 over invoice or dealer cost).

J. Discounts: When an automotive advertisement contains an offer of a discount on a new vehicle, the amount of such discount must be stated who is giving the discount by reference to the actual dollar figure to the manufacturer's suggested retail price of the vehicle. Discount must not imply the selling price to be below the dealer cost.

K. Rebate Offers: The terms "rebate", "cash rebate", “cash incentives” or similar terms may be used only when it is clearly stated who is making the payment. Such advertisements must also state that "may affect final negotiated price" and customer has the option to determine how it is applied in the sale process. Rebates, cash rebates, cash incentives or similar terms must not imply the selling price to be below dealer cost.

When advertising an amount to be returned to the buyer, the buyer must be made aware that they have the option to determine how the dollar figure is to be used in the sale or lease.

L. Free Offer for Dealer Advertisements: The word "Free" may be used in advertising whenever the advertiser is offering an unconditional gift. If receipt of the “free” merchandise or service furnished by the dealer is conditional on a purchase:

1. The normal price of the merchandise or service to be purchased must not have been increased nor its quantity or quality reduced. A “normal price” is not established if vehicles are usually sold at a price negotiated rather than an established regular (Normal) price; 2. The advertiser must disclose this condition clearly and conspicuously together with the “free” offer (not by placing an asterisk or symbol next to “free” and referring to the condition(s) in a footnote); and 3. The "Free" offer must be temporary; otherwise, it would become a continuous combination offer, no part of which is free.

However, an advertiser shall be permitted to reference free merchandise or service(s) provided by the manufacturer or distributor as part of any official promotion or incentive program offered by the same.

M. Buy-Down Interest Rates: No buy-down interest rate may be advertised if any of the costs of securing the buy-down are passed on to the customer in any way.

N. List or Sticker Price: Where the words "list" or "sticker" or words of similar import are used in a new motor vehicle advertisement, they shall only refer to the actual dollar figure of the Manufacturer's Suggested Retail Price.

O. Special Status of Dealership: An automotive advertisement shall not falsely imply that the dealer has a special sponsorship, approval status, affiliation, or connection with the manufacturer that is greater or more direct than any other like dealer. However, no dealer shall be prohibited from including in an automotive advertisement an accurate statement or reference that a dealership is the recipient of an award or recognition from the manufacturer or distributor.

P. Claims of Under Selling: Any automotive advertisements which makes under selling claims shall be capable of being substantiated.

Q. Price Equaling: An advertisement which expresses a policy of matching or bettering competitors' prices shall fully disclose any conditions which apply and specify what evidence a consumer must present to take advantage of the offer. Such evidence shall not place an unreasonable burden on the consumer such as producing a signed contract from another dealer or requiring the consumer to find a vehicle with such identical features that the possibility of doing so is highly unlikely. Any advertisement stating this policy or “guarantee” must show the terms in the actual ad.

R. Addendum Stickers: Dealers may use addendum stickers when adding equipment to vehicles. However, when advertising a discount on a vehicle, the dealer must clearly disclose that the discount is based on the dealer addendum price and not the factory MSRP. Example: Dealership Price $45,000 Dealer Discount $ 5,000 Manufacturer MSRP $40,000 Discount $ 2,000 Rebate $ 1,500

S. Discount Ads: Ads showing a very low priced vehicle that has a disclaimer which says the price is after a sizable customer down payment (20% or more of MSRP for new vehicles or 20% or more of selling price on used vehicles) or trade equity shall be unlawful and deemed unacceptable. Factory lease ads are excluded from this regulation.

T. Manufacturer's Suggested Retail Price: The suggested retail price dollar figure of a new motor vehicle when advertised by a manufacturer, distributor or regional ad association shall include all costs and charges for the vehicle advertised, except that destination, and state and local taxes, title, and license fees may be excluded from such price, provided that the advertisement conspicuously states that such costs and charges are excluded. However, with respect to advertisements placed with media in Mississippi by a dealer,

such price must include all costs and charges for the vehicle advertised including destination charges, and may exclude only state and local taxes, license, title fees, insurance, and doc fees.

U. Lease, Balloon or Residual Advertisements: Vehicle lease advertisements shall clearly and conspicuously disclose that the advertisement is for the lease of a vehicle, the balloon or residual note amount that is due at expiration of the lease, and the customer has the option to buy the vehicle at the pre-determined price, or turn vehicle in.

V. Consolidated Loans: Credit terms which purport to consolidate other bills with new car financing, shall not be advertised.

W. Van Conversion Advertisements: In the case of a modified vehicle, such as a converted van, the dealer may advertise using the conversion firms name and refer to the chassis manufacturer, but in no case shall the dealer advertise vans solely by a chassis manufacturers name unless enfranchised to sell that make of vehicle.

X. Demonstrators, Executives, Officials, and Program Vehicles: The word "Demonstrator" shall be understood to refer to a vehicle which has never been sold or leased to a member of the public. This term shall include vehicles used by new motor vehicle dealers or their personnel for demonstrating performance ability but not vehicles purchased and used as their personal vehicles. “Demonstrators” may be advertised for sale as such only by a dealer franchised for the sale of such make of new vehicles. "Executives", "Officials" or "Program Vehicles”, when so advertised, shall have been used exclusively by executives of the dealer's franchising manufacturer or distributor, or by any executive of the franchised dealership. These vehicles, so advertised, shall not have been sold or leased to a member of the public prior to the appearance of the advertisement. "Demonstrators", "Executives", and "Officials" vehicles shall be clearly and prominently qualified as such in immediate conjunction with year, make, and model offered.

Y. Auction: Terms such as "Auction" or "Auction Special" and other terms of similar import shall be used in connection with vehicles offered or sold at a bona fide auction and auctioneer license number given.

Z. Layout – Type Size: The layout, headlines, illustrations, or type size of a printed advertisement, including billboards, and the broadcast words or pictures of radio/TV/Internet advertisements shall not covey or permit an erroneous or misleading impression as to which vehicle or vehicles are offered at featured prices. No advertised offer, expression, or display of price, terms, down payment, trade-in-allowance, cash difference, savings or other such material terms shall be misleading and any necessary

qualifications shall be clearly, conspicuously, and accurately set forth to prevent misunderstanding. For purposes of these regulations, qualifying terms and phrases will be considered to be clearly, conspicuously, and accurately set forth if they are: 1. In bold print and type of such size that is capable of being read without unreasonable extra effort 2. Expressed in terms that are understandable to the buying public 3. In close proximity to the qualified representation and not separated or buried in a footnote. See 4.2.H. Footnotes.

AA. Billboard Advertising: Billboards shall not contain pricing information other than the Manufacturer’s Suggested Retail Price. APR financing is not considered part of pricing information for this rule.

BB. Liquidation Sale: Use of terms "Liquidation Sale", "Public Notice", "Public Sale" or similar terms used to connote or imply a court ordered or other forced liquidation of assets shall not be advertised, unless such is the case.

CC. Changes in Monthly Payments: Changes in monthly payments are not allowed. Payments may not go up during contract term and all payments must be split-up equally for the length of contract. (Exception: National manufacturer and/or distributor plan)

DD. Alternate Payment Terms: If payments are not based on traditional monthly method, (i.e. bi-weekly, weekly, etc.) it must be disclosed as such in same size font as shown price and not referenced by use of asterisk, character, and/or footnote.

EE. Deferred Payments: No advertisement shall offer to defer the first payment on a credit sale or lease beyond the historic and accepted 45 day selective maturity date unless such advertised states with equal prominence the fact that the purchaser's own money or equity will be used in implementing such deferred payment plan (i.e. 90 days until first payment) (Exception: National manufacturer and/or distributor payment plan)

FF. Conditional Pricing, Net Pricing, Payment and Eligibility Disclosures. The most prominent reference to an advertised price or savings must be one available to all customers without condition.

The most prominent reference to an advertised monthly finance or lease payment must be the amount calculated from the vehicle price available to all customers without condition other than being creditworthy and entering into the finance or lease transaction. The prominent price or savings may reflect rebates and discounts available to all consumers (e.g., factory cash, dealer discount), but must not reflect “conditional” rebates

and discounts available only to some consumers, including (but not limited to) college grad, military, conquest, loyalty, trade-in bonuses, and finance bonuses except as described below. A finance bonus (incentive) may be reflected in the prominent price or savings if all of the following apply: 1. The advertised vehicle is new; 2. The incentive is offered for installment sales financing – not lease financing; 3. The incentive is offered by a motor vehicle manufacturer or its recognized retail finance subsidiary (verses at the dealership level); 4. The incentive is generally available to consumers of average creditworthiness; 5. The finance incentive savings amount is separately slated and clearly distinguishable from non-conditional incentives and savings; and 6. The requirement to finance and an available Annual Percentage Rate (APR) is clearly and conspicuously disclosed in immediate conjunction with the prominent price or savings.

The prominent monthly finance or lease payment may reflect finance incentives associated with the credit or lease offer (e.g. manufacturer / dealer finance bonus, lease cash), but must not reflect other conditional rebates and discounts referenced above (e.g., college grad, loyalty).

If referencing conditional discounts or presenting a “secondary” price available only by qualifying for conditional discounts, all essential requirements must be clearly and conspicuously disclosed in immediate conjunction with the secondary price or conditional discount. The disclosure must be made in a manner and with sufficient detail for a reasonable consumer to determine his or her eligibility for that price or discount. The secondary price must not be more prominent than the price available to all consumers. Conditional or net pricing shall not include deducting federal tax credits or other government subsidies or incentives. Conditional or net pricing shall not include other “savings.”

Revised February 2021

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 5 Changes in Dealership

30 Miss. Admin. Code Pt. 1301, R. 5.1 Name Change

Whenever a licensee of the Commission changes the name under which license was issued, the licensee shall provide written notice of the name change to the Commission prior to the effective date of the name change, and the Commission shall make the appropriate notations in its records.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 5.2 Corporate Ownership Change

Any change in stock ownership in a corporate licensee of the Commission shall be reported to the Commission, in writing, within five (5) days of the manufacturer’s approval of the change. If the change is stock ownership involves a person or entity that was not among the principals in the initial application, or in any application on file with the Commission, the Commission may require information regarding the financial standing and business integrity of the new stock owner.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 6 Standard for a Salesperson

30 Miss. Admin. Code Pt. 1301, R. 6.1 Criteria for Securing a Salesman License

a. Employed by or provide services to a Motor Vehicle Dealer whose duties include the selling or offering for sale of motor vehicles. Selling or offering to sell includes selling, leasing, or offering for sale or lease, financing or insuring motor vehicles, recreational products, or specialty vehicles on behalf of said dealer.

b. Good moral character, honesty, high ethical standards.

History

• Source: Miss. Code Ann. §§ 63-17-69, 81 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 6.2 Conduct which presumptively does not meet these standards includes conduct that resulted in: 1

Conviction of a felony. 2. Conviction of a misdemeanor involving misrepresentation, dishonest conduct, or breach of fiduciary duties. 3. Termination of previous employment for dishonest conduct. 4. Repetitive violations of law. 5. Civil penalties for fraud or misrepresentation. 6. Subject to cease & desist order prescribing misrepresentation or failure to disclose. 7. Adjudicated to have misrepresented or failed to disclose material facts in a court or administrative proceeding.

Any applicant who is subject to any of the foregoing actions shall be given an opportunity to appear before the Commission to present any mitigating circumstances.

Effective January 1, 2022.

History

• Source: Miss. Code Ann. §§ 63-17-69, 81 (Rev.1983).

Chapter 7 Vehicle Protection Product Warrantors Administrative Rules

30 Miss. Admin. Code Pt. 1301, R. 7.1 Rule 7.1

Authority (Effective July 1, 2007, House Bill 844) The rules are promulgated under the authority of the Mississippi Motor Vehicle Code §63-17-69 and House Bill 844, Section 13.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983) and House Bill 844, Section 13.

30 Miss. Admin. Code Pt. 1301, R. 7.2 Definitions

The following words and terms, when used in the rule, have the following meanings, unless the context clearly indicates otherwise. 1. Applicant – A person who submits to the Commission an application to be a warrantor of vehicle protection products. 2. Financial statements – A balance sheet, income statement, statement of cash flows, and a statement of equity reflecting the financial condition of the subject, prepared by an independent certified public accountant in accordance with generally accepted accounting principles. 3. Net Worth – The excess of total assets over total liabilities as reflected in audited financial statements. 4. Nonpublic personal information – Information regarding an individual that is derived from the offering of vehicle protection products and vehicle protection product warranties, the sale of such products and warranties, and claims made under such warranties. A. The term includes: i. customer financial and credit information, ii. information concerning the price paid for a vehicle protection product or vehicle protection product warranty, iii. the type of vehicle protection product purchased, iv. the terms and conditions of any warranty, v. the expiration date of any warranty, vi. the facts and circumstances involved in any claim made on a warranty, vii. the claim history of an individual, viii. social security numbers, and, ix. information prohibited from disclosure by state and federal statue. B. The term does not include customer name, addresses, and telephone numbers. 5. Registrant – A person approved by the Commission to be a warrantor of vehicle protection products.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983) and House Bill 844, Section 13.

30 Miss. Admin. Code Pt. 1301, R. 7.3 Registration and Renewal Requirements – General

a. No person may operate as, or offer to be, a warrantor of vehicle protection products sold or offered in this state without holding a current registration issued by the Commission, unless the person is exempt under HB844, Section 4. b. Registration is valid for one year from July 1 and must be renewed prior to expiration. c. The required fee must accompany an application.

d. Falsification of information on an application is cause for denial, suspension, or revocation of a registration and / or assessment of an administrative penalty. MMVC Law 63-17-85; HB844 Section 11(4). e. A complete application for registration renewal must be submitted on an approved Commission form with all required fees and proof of financial security as required. The application for registration renewal must be filed by the expiration date, or the registration will expire. f. Non-receipt of registration renewal notice from the Commission does not exempt a person from any requirement of this rule.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983), §63-17-85, and House Bill 844, Section 11(4).

30 Miss. Admin. Code Pt. 1301, R. 7.4 Registration Requirements – Financial Security Requirements

a. Each applicant and registrant may comply with the financial security requirement under Mississippi HB844, Section 5(2)(a) by submitting to the Commission the information required by one of the following four paragraphs. 1. proof of reimbursement insurance policy described in Mississippi Code, HB844, Section 5.1(b); the reimbursement insurance policy must include the “Vehicle Protection Product Warrantor MS Endorsement” prescribed by the executive director or equivalent language. 2. an audit report and audited financial statements for the most recent fiscal year which demonstrate either the applicant or the registrant, or the parent corporation of the applicant or registrant, if there is one, had a net worth in excess of $50 million as of the end of its most recent fiscal year; HB844, Section 5(2)(a). 3. the audit report of an independent certified public accountant stating the auditor’s unqualified opinion concerning the financial statements of the applicant or registrant as of the end of its most recent fiscal year, together with a certification from the same accountant who performed the audit that the applicant or registrant had a net worth in excess of $50 million as of the end of the period audited: or 4. the audit report of an independent certified public accounting stating the auditor’s unqualified opinion concerning the financial statements of the parent corporation of the applicant or registrant as of the end of the parent corporation’s most recent fiscal year, together with a certification from the same accountant who performed the audit of the parent corporation that had a net worth in excess of $50 million as of the end of the period audited. b. If the applicant or registrant relies upon the net worth of its parent corporation to satisfy the financial security requirements of Mississippi Code, then the applicant or registrant must furnish sufficient written proof, such as a resolution of the parent corporation’s board of directors, that the parent corporation has agreed to guarantee the liabilities and obligations of an applicant or registrant relating to vehicle protection products sold or offered for sale by the applicant or registrant in this state. c. Notwithstanding the other provisions of this section, an applicant or registrant shall promptly provide all financial statements and information to the executive director or his designate that are requested in writing by the executive director or his designate.

Part 1301. Chapter 7. Rule 7.5

Regulation 7.5 Responsibilities of Registrant. a. A registrant must provide the following written notification to all consumers of its vehicle protection product and warranties: “Regulated by the Mississippi Motor Vehicle Commission, 1755 Lelia Drive, Suite 200, Jackson, MS 39216, 601-987-3995”. The notification shall be provided on all warranty contracts. b. A registrant shall notify the Commission in writing with thirty (30) days of any change in the information set forth in the registrant’s application. c. A registrant shall allow the Commission to audit, examine, and copy any and all records maintained by the registrant pursuant to Mississippi Code, or relating to vehicle protection products sold or offered for sale in this state. d. A registrant shall provide a copy of the vehicle protection product warranty to the consumer within 10 days from the date of purchase. e. A registrant shall not disclose nonpublic personal information obtained in connection with the sale in this state of a vehicle protection product warranty or claims made under such a warranty except: 1. to an entity acting on behalf of the registrant to perform the functions required to implement the vehicle protection product warranty who agrees not to disclose the nonpublic personal information; 2. to the commission as provided in subsection (c); or 3. as required by law or to comply with a subpoena or court order.

f. An entity acting on behalf of the registrant under subsection (e) shall not disclose nonpublic personal information except: 1. as necessary to fulfill the terms and conditions of the consumer’s warranty; 2. to the Commission as requested by a Commission representative; or 3. as required by law or to comply with a subpoena or court order. g. A registrant shall maintain financial security as required. h. In the year 2020, the Commission updated the address. All forms in circulation shall reflect the new mailing address by no later than January 1, 2024.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983), §63-17-85, and House Bill 844, Section 5(1)(b), 5(2)(a).
• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 7.6 Fees

a. All fees are non-refundable. b. The original registration fee for a warrantor of vehicle protection products shall be $600. c. The renewal registration fees shall be 1. $600 for registrants who become obligated as warrantors d. A $25 fee shall be charged for duplicate or amended registration certificates. e. Late renewal fees for registrations issued under this rule are provided under MMVC Law Section 63-17-77(3) (relating to late fees).

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983), 63-17-85 and House Bill 844, Section 13, and 11(4).

Chapter 9 Administrative Fee

30 Miss. Admin. Code Pt. 1301, R. 9.1 Rule 9.1

Motor Vehicle Dealer Manufacturer, Distributor, wholesaler, factory branch, and division and all Manufacturer, Distributor, and wholesale representative fee. a. Each Motor Vehicle Manufacturer, Distributor, wholesaler, factory branch, and divisions will be assessed a two hundred dollar ($200.00) administrative fee upon initial application and any future renewal of licensures. Each representative of a Manufacturer, Distributor, and wholesaler will be assessed a two hundred dollar ($200.00) administrative fee upon initial application and any future renewal of licensures. b. Each Motor Vehicle Protection Product Warrantor will be assessed a two hundred dollar ($200.00) administrative fee upon initial application and any future renewal of licensures.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 10 Staff Sales Events

30 Miss. Admin. Code Pt. 1301, R. 10.1 Staffed Sales Events

Rule ten establishes the requirements for conducting a staffed event sale. A staffed event sale is defined as an activity, usually lasting three (3) to five (5) days, designed to promote, solicit, or encourage a consumer to purchase a motor vehicle, conducted by a non-licensed entity with the use of temporary motor vehicle sales personnel.

History

• Source: Miss. Code Ann. §63-17-69 (Rev.1983)

30 Miss. Admin. Code Pt. 1301, R. 10.2 Rule 10.2

All staffed event sales must be approved by the Mississippi Motor Vehicle Commission prior to the proposed staffed event sale. Each approval is good for one sale and must be granted each time a dealership uses a staffed event company.

History

• Source: Miss. Code Ann. §63-17-69 (Rev.1983)

30 Miss. Admin. Code Pt. 1301, R. 10.3 Rule 10.3

An application to conduct a staffed event sale, on such form established by the Commission, must be received from a licensed motor vehicle dealer at least fifteen (15) days prior to the scheduled first day of the proposed staffed event sale. The packet contains three parts: Preferred Provider Application Form, Dealer Application Form, and Staffed Event Personnel Application. Each of these forms must have the original signatures and notarized by before they are submitted. In addition to these forms, there is a roster that should be completed that condenses the salespeople that will be attending the sale on behalf of the preferred provider. The forms will provide the following information and must be received before a staffed event sale can be approved: • The name of the company engaged by the applying dealer to conduct the staffed event sale. • The company’s physical address and mailing address. • The full name, home address, and social security number of the owner of the company engaged by the dealer to conduct the staffed event sale. • The names and addresses of at least three new car dealers that have contracted with the staffed event sales company in the past two years, together with the owners names and telephone number for each dealer. • The full names, home addresses, and social security number of any sales personnel employed by the company conducting the staffed event sale who will be participate in the staffed event sale. • The sale dates and dealership contact information for the sales event conducted by the staffed event company.

History

• Source: Miss. Code Ann. §63-17-69 (Rev.1983)

30 Miss. Admin. Code Pt. 1301, R. 10.4 The mailer that is to be used for staffed sales events needs to be received along with the packet or via electronic mail

This must be done prior to the printing and approval by the Mississippi Motor Vehicle Commission staff will be granted once the mail piece is in compliance with Rule 4.

History

• Source: Miss. Code Ann. §63-17-69 (Rev.1983)

30 Miss. Admin. Code Pt. 1301, R. 10.5 A sales person that has not been previously licensed in our state in the last year will have to have a background check

And administrative fee of $40.00 to conduct the background check must be received for each name submitted as part of the staffed event sale company’s on- site personnel. This fee is in addition to the regular licensing fee of $10.00 per salesperson that is needed to issue license for the sales event.

History

• Source: Miss. Code Ann. §63-17-69 (Rev.1983)

Chapter 11 Specialty Vehicles

30 Miss. Admin. Code Pt. 1301, R. 11.1 Specialty Vehicles

Rule eleven establishes that all second stage or “Specialty Vehicle” manufacturers must be a licensed Mississippi Motor Vehicle Manufacturer or Dealer. This requirement may be met by having Mississippi licensed salespersons representing said manufacturers in lieu of an actual facility located in the State of Mississippi. Mississippi governmental entities, political subdivisions including Volunteer Fire Associations therein, may at their discretion exempt themselves by the way of contractual purchases from Rule Eleven and the protections provided by the Mississippi Motor Vehicle Commission. When this exemption is exercised, written notice to the Mississippi Motor Vehicle Commission is required. The Mississippi Motor Vehicle Commission shall not impose any additional fees on second stage or “Specialty Vehicles” purchased outside the State of Mississippi.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

Chapter 12 Export Chargeback Procedures

30 Miss. Admin. Code Pt. 1301, R. 12.1 Definitions

Terms used herein that are defined in Section 63-17-53 shall have the meaning ascribed in that statutory section.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983) and §63-17-53.

30 Miss. Admin. Code Pt. 1301, R. 12.2 Prohibited Conduct

Notwithstanding any franchise or other contractual provision, policy or procedure to the contrary, no manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division may; 1. Refuse to allocate, sale, or deliver motor vehicles to a motor vehicle dealer; 2. Charge back or withhold payments or other things of value for which a motor vehicle dealer is otherwise eligible; 3. Prevent a motor vehicle dealer from participating in any promotion, program, or contest; 4. Threaten to take any prejudicial to the motor vehicle dealer by threatening to cancel any franchise or any contractual agreement existing between the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division and motor vehicle dealer; because the motor vehicle dealer sold or leased a motor vehicle to a customer who exported the vehicle to a foreign country, unless the manufacturer demonstrates that the motor vehicle dealer knew or reasonably should have known that the customer intended to export the vehicle.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 12.3 Hearing

1. A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division may not take any action against a motor vehicle dealer, including without limitation, reducing its allocations or supply of motor

vehicles to the motor vehicle dealer, or charging back a motor vehicle dealer for an incentive payment previously paid, unless the manufacturer first meets in person, by telephone, video conference, or by registered mail with an officer or other designated employee of the motor vehicle dealer. 2. At such meeting, the manufacturer must provide a detailed explanation, with supporting documentation, as to the basis for its claim that the motor vehicle dealer knew or reasonably should have know the customer’s intent to export or resell the vehicle. 3. After such meeting, the motor vehicle dealer shall have a reasonable period, commensurate with the number of vehicles at issue, but not less then 30 days not more than 90 days to respond to the manufacturer’s claims. If the motor vehicle dealer does not respond within the specified time period, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division may take actions as would otherwise be allowed under the parties’ agreements or otherwise applicable procedures or policies. 4. If following the motor vehicle dealer’s response and completion of all internal dispute resolution processes provided through the manufacturer, the dispute remains unsolved, the motor vehicle dealer may file a protest with this commission within 30 days after receipt of written notice from the manufacturer that it still intends to take adverse action against the dealer. 5. If the protest is timely filed, this commission shall notify the manufacturer of the filing of the protest, and the manufacturer shall not take any action adverse to the motor vehicle dealer until this commission renders a final determination, that the manufacturer’s proposed action is in compliance with the provisions of this regulation.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

30 Miss. Admin. Code Pt. 1301, R. 12.4 Burden of Proof 1

There is a rebuttal presumption that the motor vehicle dealer neither knew not reasonably should have known of its customer’s intent to export or resell the vehicle if the vehicle is titled or registered in any state in the United States. 2. In any hearing pursuant to this regulation, the manufacturer has the burden of proof on all issues raised by this rule.

History

• Source: Miss. Code Ann. § 63-17-69 (Rev.1983).

MISSISSIPPI STATE BOARD OF DENTAL EXAMINERS MISSISSIPPI STATE BOARD OF DENTAL EXAMINERS

Part 2301 Regulations Adopted by the Mississippi State Board of Dental Examiners

30 Miss. Admin. Code Pt. 2301, R. 1.9 BOARD REGULATION NUMBER 9--DEFINITION OF FULL-TIME FAC- ULTY

Full-time faculty or full-time teaching is defined as those in full-time employment by a college, university, institution or organization which is recognized and approved by the Board for the purpose of teaching and by those who devote at least 32 hours per week to such endeavor.

History: Regulation Nine adopted by the Mississippi State Board of Dental Examiners prior to 1975; amended June 7, 1984; amended September 25, 1992.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.11 BOARD REGULATION NUMBER 11

History: Regulation Eleven adopted by the Mississippi State Board of Dental Examiners prior to 1975; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

RULE 1.13 BOARD REGULATION NUMBER 13--SUPERVISION AND DELEGATION OF DUTIES TO AUXILIARY PERSONNEL

Purpose: Pursuant to the provisions of Miss. Code Ann. §§ 73-9-3(i), 73-9-5(2), and 73-9-13, to define the type of supervision required for dental auxiliaries and to further determine procedures which require the professional judgment and skill of a dentist and which, as such, may not be delegated to auxiliary personnel.

1. Supervision of Dental Auxiliaries

A. Direct Supervision... B. General Supervision...

2. Delegation of Duties to Dental Auxiliaries

The Board has determined that the following procedures may not be delegated to dental auxiliary personnel.

A. ... B. ... C. ... D. ... E. ... F. ... G. ...

H. Injections of drugs, medication, or anesthetics by those not authorized by Mississippi law and Rule 1.30 – Board Regulation 30 to administer such agents; except, a Mississippi licensed dental hygienist may administer local anesthetics under the supervision of a Mississippi licensed dentist physically on the premises, upon meeting the following conditions:

1. The dental hygienist successfully completes an ADA CODA-accredited course in the administration of local anesthesia which includes didactic and clinical components covering block and infiltration techniques. 2. The dental hygienist successfully completes an examination in local anesthesia administered by CDCA-WREB-CITA, or its successor examination, or other substantially equivalent state or regional examination as determined by the Board.

2. The dental hygienist submits a complete application to the Board for certification to administer local anesthesia with payment of a $50.00 initial certification fee. Renewal of the certification shall occur on a biennial basis concurrent with license renewal and shall be subject to the same conditions for renewal in Rule 1.37 – Board Regulation 37, subsection “1”. The fee for renewal shall be $25.00. 4. The Board issues the dental hygienist a certification to administer local anesthesia upon verification of the dental hygienist’s compliance with subsections “1” through “3” above. 5. Administration of local anesthesia by the dental hygienist shall be documented in the patient’s record and include the following:

a. Name and amount of local anesthesia administered. b. Date and time that local anesthesia was administered. c. Name of the dental hygienist that administered the local anesthesia.

The authorization of the dental hygienist to administer local anesthesia shall not be interpreted to expand and/or amend the dental hygienist’s scope of practice defined in Miss. Code Ann. § 73-9- 5.

I. ... J. ... K. ...

History: Regulation Thirteen adopted by the Mississippi State Board of Dental Examiners on September 9, 1976; amended December 17, 1976; amended April 27, 1977; amended September 4, 1988; amended September 25, 1992; amended June 1, 1993; amended July 30, 1993; amended March 8, 1996; amended September 18, 1998; amended October 22, 1999; amended November 3, 2000; amended September 13, 2002; amended November 3, 2006; amended June 22, 2007; amended October 19, 2007; amended August 19, 2011; amended January 13, 2023.

History

• Source: Miss. Code Ann. § 73-9-19.
• Source: Miss. Code Ann. §§ 73-9-13, 17

30 Miss. Admin. Code Pt. 2301, R. 1.14 BOARD REGULATION NUMBER 14--CANDIDATE PARTICIPATION IN LICENSURE EXAMINATION

Purpose: To provide standards and policies for candidates who participate in Board-approved licensure examinations and subsequently make application for licensure by examination to the Board.

1. Applicability

This regulation applies to all applicants for licensure to practice dentistry or dental hygiene in the State of Mississippi by examination.

2. Duty to Obtain License

A. Any dentist or dental hygienist desiring to practice in this State must first obtain a license to do so by contacting the Mississippi State Board of Dental Examiners at its current address.

B. When an inquiry concerning licensure is received, an application eliciting certain pertinent information is sent to the applicant. References submitted on the application are queried, as well as the school(s) of graduation, the American Dental Association (ADA) or American Dental Hygienists’ Association (ADHA), other states in which the applicant may be licensed, and facilities/clinics where the applicant has practiced.

C. An applicant who is participating in or who has participated in an impaired professionals/disabled dentist program as approved by the Board must document a two-year period of abstinence from any abusive use of mood-altering drugs, which shall include, but not be limited to, alcohol and all substances listed in Schedules I through V of the Uniform Controlled Substances Law, Mississippi Code (1972) Annotated, from the date of completion of the program before the applicant is eligible for a permanent license to practice dentistry/dental hygiene in the State of Mississippi.

D. Prior to the issuance or reinstatement of a dental or dental hygiene license, any dentist or dental hygienist who has not actively practiced his/her profession for the time period stipulated in Rule 1.49--Regulation 49 shall be required to participate in a Board-approved clinical skills assessment program to assure post-licensure competency.

3. Licensure by Examination

A. To qualify for consideration of a license by examination, an applicant shall fulfill, at a minimum, those requirements stipulated by Miss. Code Ann. § 73-9-23, pro- vided that the Board reserves its right to deny licensure if that individual fails to meet all requirements for licensure subsequent to successful completion of a Board- approved licensure examination, as hereinafter defined.

B. All candidates applying for licensure by examination also shall be required to suc- cessfully complete a Mississippi jurisprudence examination based upon the laws and regulations currently adopted by the Board, such examination to be completed within ninety (90) days from the date the candidate makes application to the Board for a license by examination. No license shall be issued to any candidate who does not successfully complete a Mississippi jurisprudence examination.

4. Licensure Examinations Approved by the Board

A. For the purpose of licensure by examination, the Board may from time-to-time recognize clinical licensure examinations administered by other state and regional testing agencies (hereinafter referred to as “Board-approved licensure exami- nation”). The Board shall maintain an up-to-date list of all Board-approved licensure examinations by state and/or regional testing authority, which list also shall include the dates of initial acceptance of such Board-approved licensure examinations. Furthermore, this list may be made available on the Board’s Internet web site.

B. Effective January 1, 2014, dental and dental hygiene candidates applying for licensure by examination who have successfully completed a Board-approved licensure examination which does not contain a written/computerized compre- hensive examination on applied clinical diagnosis and treatment planning, aside from the written/computerized examinations administered by the Joint Commission on National Dental Examinations, will be required to successfully complete the American Board of Dental Examiners (ADEX) computerized/written comprehensive examination on applied clinical diagnosis and treatment planning prior to applying for licensure by examination in the State of Mississippi. The time period for successfully completing the ADEX computerized/written examination will coincide with the time period stipulated in item 4.C. of this Regulation for dental and dental hygiene candidates to apply for licensure by examination based upon successful completion of a Board-approved licensure examination.

C. Candidates who successfully complete a Board-approved licensure examination shall have a maximum of five (5) years from the date of successful completion of a Board-approved licensure examination to make application for licensure by examination in the State of Mississippi. Furthermore, after the expiration of one (1) year from the date of their successful completion of a Board-approved licensure examination, candidates shall be required to show proof of actively practicing their profession for a minimum of ninety (90) days per year prior to making application for licensure by examination.

5. Participation in Licensure Examination

A. Candidates for licensure to practice dentistry or dental hygiene in the State of Mississippi who fail any part(s) of a Board-approved licensure examination will be required to adhere to all examination guidelines of the testing entity responsible for administering the Board-approved licensure examination. Further, in those instances where the testing entity requires remediation following failure(s) of Board-approved licensure examinations, a candidate for licensure to practice dentistry must take and successfully complete one (1) academic year of clinical training in an approved dental school before being allowed to take the same Board- approved licensure examination again. In the case of a candidate for licensure to practice dental hygiene, the candidate must take and successfully complete six (6)

months of clinical training in an approved dental hygiene school before being allowed to take the same Board-approved licensure examination again.

B. Candidates who successfully complete a Board-approved dental hygiene licensure examination administered by this Board and who have not yet successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations (hereinafter referred to as “National Board”) shall be required to have successfully completed the National Board on or before December 31 of the same year in which they successfully completed a Board-approved dental hygiene licensure examination; otherwise, the Board- approved licensure examination scores for these candidates will expire on January 1, and these candidates shall be required to successfully complete another Board- approved dental hygiene licensure examination in order to become licensed in this State.

C. Candidates who successfully complete a Board-approved dental licensure examination administered by this Board and who have not yet successfully completed Part II of the National Board Examinations of the Joint Commission on National Dental Examinations (Part II) shall be required to have successfully completed Part II on or before December 31 of the same year in which they successfully completed a Board-approved dental licensure examination; otherwise, the Board-approved licensure examination scores for these candidates shall expire on January 1, and these candidates shall be required to successfully complete another Board-approved dental licensure examination in order to become licensed in this State. However, candidates who are enrolled and actively participating in dental residency programs accredited by the American Dental Association (ADA) during this same time period and who have not successfully completed Part II on or before December 31 of that same year, shall not have their scores voided on January 1, but shall be allowed additional time for the Board to be in receipt of proof of successful completion of Part II, such additional time period not to extend beyond the first day of the date established for the next regularly scheduled Board- approved dental licensure examination. If proof of successful completion of Part II has not been received by the Board on or before the first day of the date established for the next regularly scheduled Board-approved dental licensure examination, the scores for the previous year’s Board-approved dental licensure examination shall expire, and these candidates shall be required to successfully complete another Board-approved dental licensure examination in order to become licensed in this State.

History: Regulation Fourteen adopted by the Mississippi State Board of Dental Examiners on March 10, 1978; amended January 17, 1985; amended January 19, 1990; amended September 13, 1991; amended September 25, 1992; amended January 22, 1999; amended November 21, 2003; amended April 14, 2006; amended May 8, 2009; amended February 1, 2013.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.16 BOARD REGULATION NUMBER 16

History: Regulation Sixteen adopted by the Mississippi State Board of Dental Examiners January 1, 1980; amended March 22, 1980; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.18 BOARD REGULATION NUMBER 18

History: Regulation Eighteen adopted by the Mississippi State Board of Dental Examiners prior to 1981; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.19 BOARD REGULATION NUMBER 19--MAIL BALLOTS

Pursuant to the provisions in Miss. Code Ann. §§ 73-9-13(n) and 73-9-47, the Board may transact business by mail, without the necessity of actual assembly, provided that a majority of the Board confirms such action in writing. The Board shall conduct no business by mail which by statute is required to be conducted in person by the Board. The Board herein determines that the transaction of Board business by facsimile machine or similar medium is one in the same as transacting Board business by mail, and all such transactions shall be accomplished in the following manner:

1. Upon receipt by the Executive Director of any written motion made by a duly constituted Board member, the Executive Director shall forward, within two (2) days thereafter, a copy of the written motion and ballot to each Board member for action thereon.

2. Each Board member's completed ballot shall be received by the Executive Director within fifteen (15) days after the date that the ballots were postmarked or sent by other medium to the members of the Board, with any ballot received by the Executive Director after that time not to be considered in tabulating the final vote on the motion. The motion and the vote of each Board member by name shall be placed upon the minutes of the Board within twenty (20) days after the date that the ballots were postmarked to the members with the original written motion and individual ballots being separately preserved.

History: Regulation Nineteen adopted by the Mississippi State Board of Dental Examiners on June 7, 1984; amended September 25, 1992; amended November 3, 2000.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.21 BOARD REGULATION NUMBER 21

History: Regulation Twenty-One adopted by the Mississippi State Board of Dental Examiners June 7, 1984; amended November 2, 1984; amended January 17, 1985; amended February 27,

1985; amended December 6, 1991; amended September 25, 1992; rescinded in lieu of revised Regulation Forty-Three on April 21, 1995.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.23 BOARD REGULATION NUMBER 23--REINSTATEMENT OF VOIDED LICENSES

The reinstatement of licenses which have been stricken from the rolls for failure to pay registration fees for periods in excess of ninety (90) days shall be governed as follows:

1. Where the period of time for which the license has been stricken from the rolls is less than three (3) years, and the applicant has continuously during that time been fully licensed to practice and actually has practiced his profession or specialty in another state, or in the armed forces, reinstatement may be applied for and obtained by submitting the following to the Board:

A. A completed application form with attachments; and

B. Payment of the applicable annual registration fee for each year it has not been paid, plus payment for the year in which reinstatement is sought.

2. Where the period of time for which the licensee has been stricken from the rolls is less than three (3) years, but the applicant has not continuously during that time been fully licensed to practice and actually practicing his profession or specialty in another state, or in the armed forces, reinstatement may be applied for by:

A. Submitting the application and payment provided for in subsection "A" above; and,

B. Appearing personally before the Board to respond to such inquiries as the Board may deem appropriate in determining whether reinstatement is appropriate without subjecting the applicant to examination and other licensing requirements as an original applicant.

C. Where the period of time for which the license has been stricken from the rolls is more than three (3) years, but less than seven (7) years, and the applicant has continuously during that time been fully licensed to practice and actually has practiced his profession or specialty in another state or in the armed forces, reinstatement may be applied for according to the application procedure set forth in subsection "B" above.

D. In all cases other than those set forth above, reinstatement may only be obtained by taking the examination and completing other licensing requirements as an original applicant.

2. At the time the licensee requests licensure reinstatement, the licensee must comply with the requirements for licensure reinstatement set forth in Rule 1.41--Board Regulation 41 and Rule 1.45—Board Regulation 45, which deal with continuing education and Cardio- pulmonary Resuscitation, respectively.

APPLICATION FOR REINSTATEMENT OF MISSISSIPPI LICENSE

1. Name:

2. Address:

3. Home Phone: 4) Business Phone:

4. License Sought to be Reinstated:

5. Date of Licensure in Mississippi:

6. Date of Loss of Licensure in Mississippi:

7. Degrees Obtained, Where, When:

8. Licensure in Other States, Where, When:

9. The Secretary of the Board in each state in which you are currently licensed and/or which you previously have been licensed must provide this Board with a certified statement of your license status and good standing and/or the reason for your license expiration or revocation.

10. Practice or employment history during time of expiration of Mississippi license; provide names, addresses, and telephone numbers of business associates, dentists worked under, and location

11. Has your license ever been suspended in any other state since the time of expiration of your Mississippi license? (yes or no)

12. If yes, state when and where and for what reason:

13. Have you taken and failed any examinations or been denied licensure in any other state? (yes or no)

14. If yes, state when and where:

15. Why did you allow your Mississippi license to expire and be stricken from the Board's rolls?

16. Why do you wish to have your license reinstated?

17. The licensee must be current in continuing education and Cardiopulmonary Resuscitation requirements as set forth in Board Regulations 41 and 45, respectively. Copies of proof of compliance must be attached to this application.

I certify that the information provided in this application is true and correct and based upon my own personal knowledge.

Signature of Applicant STATE OF

History: Regulation Twenty-Three adopted by the Mississippi State Board of Dental Examiners on August 10, 1984; amended January 17, 1985; amended September 25, 1992; amended March 7, 1997.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.25 BOARD REGULATION NUMBER 25--RADIOLOGY PERMITS

Purpose: The 1985 Mississippi Dental Practice Act (Miss. Code Ann. '' 73-9-1, et. seq., [Supp. 1985]) requires the Mississippi State Board of Dental Examiners to carry out the purposes and provisions of the laws pertaining to the practice of dentistry and dental hygiene in Mississippi. Section 73-9-5 of the Dental Practice Act provides that the Board may prohibit any auxiliary personnel from rendering service that it feels is not in the best interest of public welfare. It is the purpose of this Board regulation to (a) provide for the establishment of minimum standards for the issuance of permits to such persons who are found to be qualified to administer dental radiologic procedures; and (b) ensure that the administration of dental radiologic procedures by dental auxiliaries is consistent with the Board's duty to protect the interest of public welfare.

1. General Provisions:

Anyone other than a licensed dentist who desires to use ionizing radiation procedures in dentistry must obtain a radiology permit from the Board or be exempt as provided below:

A. Dental hygienists who are currently licensed in the State of Mississippi are considered to have satisfied the requirements of this regulation and will not be required to obtain a radiology permit. Dental hygienists who are not licensed in this State and who have graduated from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation (ADA) will be required to apply for a radiology permit; however, these dental hygienists will not be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit.

B. Dental auxiliaries currently certified by the Dental Assisting National Board, Inc. (DANB) will be required to apply for a radiology permit; however, these dental auxiliaries will not be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit.

C. Dental auxiliaries currently certified by the Dental Assisting National Board, Inc. (DANB) and who also are graduates of ADA-accredited dental assisting programs will be required to apply for a radiology permit; however, these dental auxiliaries are considered to have satisfied the requirements of this regulation and will not be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit. (See Sections 1.D. and 1.E. for requirements concerning dental auxiliaries who only are graduates of ADA- accredited dental assisting programs.)

D. Dental auxiliaries not currently certified by DANB who have graduated from ADA- accredited dental assisting programs within twelve (12) months prior to making application for a radiology permit will be required to apply for a radiology permit; however, these dental auxiliaries will not be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit.

E. Dental auxiliaries not currently certified by DANB who have graduated from ADA- accredited dental assisting programs more than twelve (12) months prior to making application for a radiology permit will not be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit provided the individual supplies sworn statements from all employers over the past five (5) years, or part thereof depending on the dental auxiliary’s date of graduation, certifying as to

(1) the dental auxiliary’s period of employment; and

(2) whether the dental auxiliary administered radiographs as part of his/her dental assisting duties.

This documentation must be provided with the dental auxiliary’s application for a radiology permit; otherwise, the dental auxiliary will be required to successfully complete a Board-approved radiology seminar prior to making application for a radiology permit.

F. Dental auxiliaries not otherwise qualified to apply for a radiology permit pursuant to Sections 1.A. through 1.E. shall, upon successful completion of a Board- approved radiology seminar, be eligible to make application for a radiology permit.

G. Dental students, dental hygiene students, and dental assisting students actively enrolled in Mississippi ADA-accredited dental, dental hygiene, or dental assisting programs do not need to make application for a radiology permit to administer radiographs in dental offices or other entities lawfully authorized to provide dental services while attending the above-referenced programs. However, the Board must receive a letter from the dental, dental hygiene, or dental assisting dean or program head certifying as to a student's successful completion of the program's radiology coursework prior to that student administering radiographs in dental offices or other entities lawfully authorized to provide dental services while attending the above- referenced programs.

2. Board-Approved Radiology Seminars and Issuance of Radiology Permits:

A. All radiology seminars must be approved in advance by the Board and include a clinical component which adequately tests the dental auxiliary’s ability to administer radiographs.

B. All radiology seminars must be a minimum of eight (8) hours in length.

C. All radiology seminars must include a written examination at the conclusion of the seminar.

D. To make application for a radiology permit, a dental auxiliary must submit proof of successful completion of a Board-approved radiology seminar and the proper credentials as outlined hereafter to the Board within ninety (90) days following completion of the radiology seminar. If the dental auxiliary does not submit such proof on a timely basis, the dental auxiliary shall be required to receive a passing grade on a radiology examination administered by the Board or attend and successfully complete another Board-approved radiology seminar and afterwards submit the proper credentials within ninety (90) days as outlined hereafter.

E. To apply for a radiology permit, an applicant must submit the following:

1. Fully completed and signed application for a radiology permit;

2. Certified check or money order to cover the application fee and first year's renewal fee; and

3. Proof of compliance with the appropriate requirements set forth in Section 1.

4. Re-Issuance of Expired Permits:

A person who previously has held a permit to administer radiographs in this state but has not kept the permit current will be required to complete all requirements as set out herein for original applicants.

4. Renewal of Radiology Permits:

A. The State Board of Dental Examiners shall maintain a compiled list of names and post office addresses for all persons who have applied for and been issued a radiology permit. Every person holding a radiology permit shall promptly keep the Board advised of any change of mailing address, home telephone number, employer, and office telephone number.

B. Every person who holds a radiology permit shall, together with the required information and specified renewal fee, apply for renewal of such permit in accordance with the renewal requirements stipulated in Rule 1.37--Board Regulation 37. Any permit not renewed by the deadlines set forth in Rule 1.37-- Board Regulation 37 will be voided for a failure to re-register.

C. If the payment of the renewal fee is not received by the Board on or before the deadline stipulated in Rule 1.37--Board Regulation 37, the Board may enact and enforce a penalty for the delinquent payment of the renewal fee, such penalty to be

established by Rule 1.37--Board Regulation 37.

D. Refer to Rule 1.37--Board Regulation 37 for the current fee schedule for applica- tions for radiology permits, renewal of radiology permits, and penalties for delin- quent renewal of radiology permits.

5. Enforcement:

Licensed dentists who allow dental auxiliaries to expose radiographs without complying with this regulation shall be considered in violation of Section 73-9-61 of the Mississippi Code of 1972, Annotated, and may, at the Board's discretion, be subject to license revocation, suspension, or other action thereon.

History: Regulation Twenty-Five adopted by the Mississippi State Board of Dental Examiners June 4, 1985; amended September 13, 1991; amended September 25, 1992; amended December 2, 1994; amended June 12, 1996; amended August 23, 1996; amended October 4, 1996; amended June 27, 1997; amended July 25, 1997; amended August 29, 1997; amended September 26, 1997; amended September 13, 2002; amended November 1, 2002.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.27 BOARD REGULATION NUMBER 27--EXAMINATION REVIEW PRO- CEDURES

Purpose: To provide standards and policies for a candidate to appeal his/her scores on a Board- approved licensure examination.

Candidates who participate in and subsequently fail to successfully complete a Board- approved licensure examination, such examination as defined in Rule 1.14--Board Regulation 14, will be required to file appeals of those failing scores with the state or regional testing authority responsible for administering the Board-approved licensure examination. Such appeals shall be filed in accordance with the policies and procedures set forth by the state or regional testing authority at the time the Board-approved licensure examination is administered. The decision of the state or regional testing authority administering the Board-approved licensure examination shall be considered final, and no further appeals of such failing scores shall be made to this Board.

History: Regulation Twenty-Seven adopted by the Mississippi State Board of Dental Examiners on June 4, 1987; amended September 25, 1992; amended September 20, 1996; amended January 22, 1999; amended February 9, 2001; amended April 14, 2006.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.29 BOARD REGULATION NUMBER 29--ADMINISTRATION OF ANES- THESIA

Purpose: Pursuant to Miss. Code Ann. § 73-9-13, to promulgate rules for the administration of anesthesia in the dental office to allow dentists to provide patients with the benefits of anxiety and pain control in a safe and efficacious manner.

1. Definitions of Terminology Used Herein

A. Analgesia - the diminution or elimination of pain.

B. Anti-Anxiety Sedative - a sedative agent administered in a dosage intended to reduce anxiety without diminishing consciousness or protective reflexes.

C. Anxiolysis (Minimal Sedation) - pharmacological reduction of anxiety through the administration of a minor psychosedative/tranquilizer, which allows for uninterrupted interactive ability in a totally awake patient with no compromise in the ability to maintain a patent airway continuously and without assistance. The total dosage cannot exceed 1.5 MRD (maximum recommended dosage). Dentists administering anxiolysis (minimal sedation) shall prescribe only a single agent to each patient (no multiple drugs or combination drug regimens). *When the intent is minimal sedation for adults, the appropriate initial dosing of a single enteral drug is no more than the MRD of a drug that can be prescribed for unmonitored home use.

D. Behavioral Management - the use of pharmacological or psychological techniques, singly or in combination, to modify behavior to a level that dental treatment can be performed effectively and efficiently.

E. Clinically Oriented Experiences - clinical patient cases which are presented outside a clinical environment and in an instructional setting, e.g., video presentations.

F. Clinical Patient Cases - procedures involving live patients either performed or observed in a clinical environment and in an instructional setting.

G. Combination Inhalation Enteral Anxiolysis - when nitrous-oxide is used in combination with an enteral agent with the intent of achieving anxiolysis only, and the appropriate dosage of agents is administered.

H. Competent - displaying special skill or knowledge derived from training and experience.

I. Conscious Sedation (Moderate Sedation) - a minimally depressed level of consciousness beyond anxiolysis that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command, and that is produced by pharmacologic or nonpharmacologic agents, or a combination thereof. In accordance with this particular definition, the drugs or techniques used should carry a margin of safety wide enough to render unintended loss of consciousness unlikely (also see definitions for Combination Inhalation Enteral Anxiolysis, Enteral Conscious Sedation, General Anesthesia, and Parenteral Conscious Sedation).

J. Dental Facility - the office where a permit holder practices dentistry and provides anesthesia/sedation services.

K. Dental Facility Inspection - an on-site inspection to determine if a dental facility where the applicant proposes to provide anesthesia/sedation is supplied, equipped, staffed and maintained in a condition to support provision of anesthesia/sedation services that meet the minimum standard of care; may be required by the Board prior to the issuance of a sedation/anesthesia permit or any time during the term of the permit.

L. Direct Supervision - the dentist responsible for the sedation/anesthesia procedure shall be physically present in the office and shall be continuously aware of the patient's physical status and well-being.

M. Enteral Conscious Sedation - conscious sedation that is achieved by administration of pharmacological agents through the alimentary tract either orally or rectally.

N. General Anesthesia - the intended controlled state of depressed consciousness produced by pharmacologic agents and accompanied by a partial or complete loss of protective reflexes, including the ability to maintain an airway and respond purposefully to physical stimulation or verbal commands.

O. Hospital Facility - a "hospital" or "ambulatory surgical facility" as those terms are defined in Miss. Code Ann. § 41-7-173(h).

P. Immediately Available - on-site in the dental facility and available for immediate use.

Q. Local Anesthesia - the elimination of sensations, especially pain, in one part of the body by the regional application or injection of a drug.

R. May - indicates freedom or liberty to follow a reasonable alternative.

S. Minor Psychosedative/Tranquilizer - pharmacological agent which allows for uninterrupted interactive ability in a patient with no compromise in the ability to maintain a patent airway continuously and without assistance and carry a margin of safety wide enough to render unintended loss of consciousness unlikely.

T. Must or Shall - indicates an imperative need or duty or both; an essential or indispensable item; mandatory.

U. Nitrous-Oxide Inhalation Anxiolysis - the inhalational use of nitrous oxide for anxiolysis and/or analgesia.

V. Parenteral Conscious Sedation - the intravenous, intramuscular, subcutaneous, intranasal, or transdermal administration of pharmacological agents with the intent to obtain a depressed level of consciousness that retains the patient's ability to independently and

continuously maintain an airway and respond appropriately to physical stimulation or verbal commands.

W. Pediatric Clinical Patient Cases - clinical patient cases on patients twelve (12) years of age and under.

X. Protective Reflexes - includes the ability to swallow and cough.

Y. Special Health Care Needs Patients - persons having a physical, developmental, mental, sensory, behavioral, cognitive, or emotional impairment or limiting condition that requires medical management, health care intervention, and/or use of specialized services or programs; the condition may be developmental or acquired and may cause limitations in performing daily self-maintenance activities or substantial limitations in a major life activity; and health care for special needs patients is beyond that considered routine and requires specialized knowledge, increased awareness and attention, and accommodation.

Z. Vested Adult - a responsible adult who is the legal parent or guardian, or designee of a legal parent or guardian, entrusted with the care of a patient following the administration of anxiolysis, general anesthesia, or conscious sedation.

2. General Guidelines for Using Anesthesia

A. Any person licensed to practice dentistry in the State of Mississippi shall be authorized to use anesthesia in accordance with the provisions of this section.

B. All drugs utilized by licensed dentists for anxiolysis, enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia shall be selected and utilized in accordance with the drug manufacturer's guidelines as set forth in Food and Drug Administration (hereinafter referred to as "FDA") approved labeling or peer-reviewed scientific literature, including, but not limited to, indications of usage, dosage amounts, and safety requirements for each drug so utilized.

C. Appropriate safety training and equipment for each drug utilized will be required.

D. When anesthesia is administered in a dental facility, the following general guidelines apply:

1. A licensed dentist may employ or work in conjunction with a qualified anesthesiologist or Certified Registered Nurse Anesthetist (hereinafter referred to as "CRNA") who practices in an accredited hospital, provided that such anesthesiologist or CRNA remains on the premises of the dental facility until any patient given any level of anesthetic requiring a permit regains consciousness and is discharged.

2. Prior to employing or working in conjunction with an anesthesiologist who administers enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia in a dental facility, the operating dentist must

possess a currently valid Board-issued anesthesia permit which is commensurate with the level of anesthesia being administered by the anesthesiologist, and which permit has been issued in accordance with the guidelines hereinafter stipulated.

2. Prior to applying to the Mississippi Board of Nursing (hereinafter "Nursing Board") to enter into a Nursing Board-approved collaborative/consultative relationship with a CRNA which includes protocols/practice guidelines for the administration of enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia by a CRNA, the operating dentist must possess a currently valid Board-issued anesthesia permit which is commensurate with the level of anesthesia being administered by the CRNA, and which permit has been issued in accordance with the guidelines hereinafter stipulated.

E. When anesthesia is administered in a hospital facility, the following general guideline applies:

1. A licensed dentist may employ or work in conjunction with a qualified anesthesiologist or CRNA who practices in an accredited hospital pursuant to the provisions of the "Minimum Standards of Operation for Mississippi Hospitals," as published by the Mississippi State Department of Health, provided that such anesthesiologist or CRNA remains on the premises of the hospital facility until any patient given any level of anesthetic requiring a permit regains consciousness and is discharged. The accredited hospital's department of anesthesia, or in the absence thereof the department of surgery, has the responsibility for establishing general policies and procedures for the administration of anesthesia.

2. Board Permits Not Required For the following, Board permits are not required:

A. Local Anesthesia. All licensed dentists are herein authorized to use local anesthesia.

B. Nitrous-Oxide Inhalation Anxiolysis. A licensed dentist may employ or use nitrous- oxide inhalation anxiolysis on an outpatient basis for dental patients without making application to the Board, provided such dentist satisfies one or more of the following criteria prior to administration of nitrous-oxide inhalation anxiolysis:

1. Completion of not less than a two-day course of training as described in the American Dental Association's (hereinafter referred to as "ADA") "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students," or its equivalent.

2. Completion of training equivalent to that described above while a student in an ADA- accredited undergraduate dental school program.

A licensed dentist may instruct a competent dental auxiliary as to the placement and monitoring of nitrous-oxide inhalation anxiolysis under his/her direct supervision, such supervision as defined in Rule 1.13 --Board Regulation 13.

C. Combination Inhalation Enteral Anxiolysis. A licensed dentist may employ or use combination inhalation enteral anxiolysis on an outpatient basis for dental patients without making application to the Board, i.e., the use of nitrous-oxide in combination with another agent to produce anxiolysis within appropriate dosages.

4. Board Permits Required For the following, Board permits are required:

A. Enteral Conscious Sedation. No licensed dentist shall use enteral conscious sedation in his/her office on an outpatient basis for dental patients, unless such dentist possesses a permit of authorization issued by the Board. For example, conscious sedation can be achieved through inhalation agents and/or multiple doses of oral medications. Regardless of the enteral technique utilized, a dentist must have a permit to sedate a patient beyond anxiolysis.

B. Parenteral Conscious Sedation. No licensed dentist shall use parenteral conscious sedation in his/her office on an outpatient basis for dental patients, unless such dentist possesses a permit of authorization issued by the Board. The issuance of a permit for parenteral conscious sedation shall include the privileges of administering enteral conscious sedation in accordance with the provisions of this section.

C. General Anesthesia. No licensed dentist shall use general anesthesia in his/her office on an outpatient basis for dental patients, unless such dentist possesses a permit of authorization issued by the Board. The issuance of a permit for general anesthesia shall include the privileges of administering parenteral conscious sedation and enteral conscious sedation in accordance with the provisions of this section.

5. Criteria and Application for Anesthesia Permits

A. Enteral Conscious Sedation. A permit is required prior to administration of enteral conscious sedation, and in order to receive such permit, the dentist must do the following:

1. Apply on a prescribed application form to the Board;

2. Submit the specified application fee as stipulated in Section 10 of this regulation;

3. Produce evidence of a current Advanced Cardiac Life Support (hereinafter referred to as "ACLS") certificate, or a certificate from a Board-approved course; and

4. Provide evidence of one or more of the following:

(a) Completion of formal training, sponsored by or affiliated with a university, teaching hospital, or other program approved by the Board or part of the undergraduate curriculum of an accredited dental school, in the use of enteral conscious sedation, and certification by the institution wherein the training was received to be competent in the

administration of enteral -conscious sedation. Such certification shall specify the type, number of hours, and length of training. For dentists who administer enteral conscious sedation to patients who are twelve (12) years of age or under, or who are thirteen (13) years of age or older and who are deemed to be patients with special health care needs as previously defined, the minimum number of didactic hours shall be fifty (50), with a minimum of twenty-five (25) hours pediatric- specific, and the minimum number of clinical patient cases shall be ten (10), with a minimum of five (5) being pediatric clinical patient cases. For dentists who administer enteral conscious sedation to patients who are thirteen (13) years of age or older and who are not deemed to be patients with special health care needs, the minimum number of didactic hours shall be twenty- two (22) and the minimum number of clinically oriented experiences shall be fifteen (15). The training program must include physical evaluation, enteral conscious sedation, airway management monitoring, and emergency management. The preceding is necessary for recognition of the formal training program. For the purpose of this subsection, training programs in enteral conscious sedation that satisfy the requirements described in Parts I and III of the ADA's "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" at the time training was commenced, shall be deemed by the Board as approved training programs, wherein the hours of didactic training and the number of clinical patient cases shall be credited to the minimum amounts noted above.

(b) Completion of an ADA-accredited post-doctoral training program, which affords the comprehensive and appropriate training necessary to administer and manage enteral conscious sedation, commensurate with these guidelines.

(c) Until June 30, 2005, fulfillment of all requirements for grandfathering concerning administration of enteral conscious sedation by successfully completing an appropriate examination which includes:

(i) Demonstration of five (5) or more years of routinely administering enteral conscious sedation immediately prior to making application for an enteral conscious sedation permit;

(ii) Discussion and review of three (3) cases including anesthetic technique;

(iii) Review of records; and

(iv ) Demonstration of managing emergencies.

B. Parenteral Conscious Sedation. A permit is required prior to administration of parenteral conscious sedation, and in order to receive such permit, the dentist must do the following:

1. Apply on a prescribed application form to the Board;

2. Submit the specified application fee as stipulated in Section 10 of this regulation;

3. Produce evidence of a current ACLS certificate, or a certificate from a Board-approved course; and

4. Provide evidence of one or more of the following:

(a) Completion of formal training, sponsored by or affiliated with a university, teaching hospital, or other program approved by the Board or part of the undergraduate curriculum of an accredited dental school, in the use of parenteral conscious sedation, and certification by the institution wherein the training was received to be competent in the administration of parenteral -conscious sedation. Such certification shall specify the type, number of hours, and length of training. For dentists who administer parenteral conscious sedation to patients who are twelve (12) years of age or under, or who are thirteen (13) years of age or older and deemed to be patients with special health care needs as previously defined, the minimum number of didactic hours shall be sixty (60), with a minimum of twenty-five (25) hours pediatric- specific, and the minimum number of clinical patient cases shall be twenty (20), with a minimum of five (5) being pediatric clinical patient cases. For dentists who administer parenteral conscious sedation to patients who are thirteen (13) years of age or older and who are not deemed to be patients with special health care needs, the minimum number of didactic hours shall be sixty (60), and the minimum number of clinical patient cases shall be twenty (20). The preceding is necessary for recognition of the formal training program. For the purpose of this subsection, training programs in parenteral conscious sedation that satisfy the requirements described in Parts I and III of the ADA's "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" at the time training was commenced, shall be deemed by the Board as approved training programs, wherein the hours of didactic training and the number of clinical patient cases shall be credited to the minimum amounts noted above.

(b) Completion of an ADA-accredited post-doctoral training program, which affords the comprehensive and appropriate training necessary to administer and manage parenteral conscious sedation, commensurate with these guidelines.

C. General Anesthesia. A permit is required prior to administration of general anesthesia, and in order to receive such permit, the dentist must do the following:

1. Apply on a prescribed application form to the Board;

2. Submit the specified application fee as stipulated in Section 10 of this regulation;

3. Produce evidence of a current ACLS certificate, or a certificate from a Board- approved course; and

4. Provide evidence of one or more of the following:

(a) Completion of an advanced training program in anesthesia and related academic subjects beyond the undergraduate dental curriculum that satisfies the requirements described in Parts I, II, and III of the ADA's "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" at the time training was commenced.

(b) Completion of an ADA-accredited post-doctoral training program, which affords the comprehensive and appropriate training necessary to administer and manage general anesthesia, commensurate with these guidelines.

6. Facilities Wherein Anesthesia Is Administered

A. All facilities wherein any anesthesia is administered must be properly equipped for the administration of anesthesia and staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. The adequacy of the dental facility and competence of the anesthesia team shall be determined by the Board.

B. The Board adopts the standards regarding the equipment within a dental facility as set forth by the American Association of Oral and Maxillofacial Surgeons (hereinafter referred to as "AAOMS") in the "Office Anesthesia Evaluation Manual," latest edition, as the standards by which each dentist administering enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia must meet. Certification of offices by AAOMS as meeting the standards adopted constitutes a prima facie showing that the dentist meets the standards. Copies of the Office Anesthesia Evaluation Manual are available from AAOMS at 9700 West Bryn Mawr Avenue, Rosemont, IL 60018-5701.

C. Any dentist administering enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia at a dental facility other than that dentist's own office or dental facility must ensure that the proper equipment and personnel as required above are present.

7. Site Visits and Periodic Inspections Pertaining to Enteral Conscious Sedation, Parenteral Conscious Sedation, and/or General Anesthesia Permits

A. Prior to the issuance of such permits the Board shall conduct an on-site inspection of the dental facility, equipment, and personnel to determine if, in fact, the aforementioned requirements have been met. This evaluation shall be carried out in a manner prescribed by the Board, and the cost thereof shall be included in the anesthesia permit application fee. Evaluations shall be performed by a minimum of two (2) qualified experts, as determined by the Board.

B. Any missing or malfunctioning equipment shall be called to the attention of the applicant, and a permit shall not be issued until the Board's experts determine that all equipment is available and properly functioning. If the results of the initial evaluation are deemed unsatisfactory, the applicant may request another review.

C. All facilities wherein enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia may be administered shall be inspected at least once every five (5) years beginning from the date of the initial permit, as designated by the Board, to ensure that all equipment is of the appropriate type and in good working order. The Board also shall have the discretion to inspect any dental facility at any time for good cause. Any permitted dentist with missing or malfunctioning equipment shall cease administering anesthesia until his/her dental

facility has been properly equipped with the required equipment or until such malfunctioning equipment has been satisfactorily repaired and until such time as the Board is in receipt of proof that the equipment has been repaired to the Board's satisfaction.

8. Advanced Cardiac Life Support and Cardiopulmonary Resuscitation

A. Any dentist using enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia shall at all times be ACLS certified or hold a certificate from a Board- approved course, and his/her auxiliary personnel must meet the requirements for Cardiopulmonary Resuscitation (hereinafter referred to as "CPR") as set forth in Rule 1.45 --Board Regulation 45.

B. A dentist utilizing nitrous-oxide inhalation anxiolysis and his/her auxiliary personnel must meet the requirements for CPR as set forth in Rule 1.45 --Board Regulation 45.

9. Renewal of Enteral Conscious Sedation, Parenteral Conscious Sedation, and/or General Anesthesia Permits

A. Any dentist holding a permit of authorization issued by the Board shall be subject to review, and such permit must be renewed at the same time as the dentist renews his/her Mississippi dental license.

B. The Board shall, in accordance with its laws, rules, and regulations, together with the appropriate and required information and renewal fee, renew the enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia permit, unless the holder is informed in writing that a re-evaluation of credentials and/or facilities is to be required. In determining whether such re-evaluation is necessary, the Board shall consider such factors as it deems pertinent, including, but not limited to, patient complaints and reports of adverse occurrences.

C. At the time the dentist renews his/her enteral conscious sedation, parenteral conscious sedation, and/or general anesthesia permit, he/she shall submit proof of current ACLS certification and current CPR certification for all dental auxiliaries who have direct patient care responsibilities.

D. Certification cards issued by the Board upon renewal of anesthesia permits shall indicate the date wherein the required periodic five (5) year inspection is due to be performed by the Board.

10. Permit Fees For the purpose of determining permit fees only, the fees for enteral conscious sedation and/or parenteral conscious sedation permits shall be deemed to be equivalent to those as set forth in Miss. Code Ann. § 73-9-43 and Rule 1.37 --Board Regulation 37 for general anesthesia permits.

11. Penalties for Non-Compliance Violating the provisions of this regulation shall subject the dentist to disciplinary action, after a hearing, as provided by the Mississippi laws pertaining to the practice of dentistry.

History: Regulation Twenty-Nine adopted by the Mississippi State Board of Dental Examiners June 4, 1987; amended May 4, 1990; amended September 25, 1992; amended December 4, 1992; amended December 8, 1995; amended February 9, 1996; amended July 21, 2000; amended December 7, 2001; amended March 5, 2004; amended November 19, 2004; amended January 7, 2005; amended December 2, 2005; amended February 24, 2006; amended October 19, 2007; amended May 16, 2008; amended; amended July 27, 2018.

Cite as 30 Miss. Code. R. § 2301-1.29

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.30 BOARD REGULATION NUMBER 30--ADMINISTRATION OF ANESTHESIA Purpose: Pursuant to Miss

Code Ann. § 73-9-13, to promulgate rules for the administration of anesthesia in the dental office to allow dentists to provide patients with the benefits of anxiety and pain control in a safe and efficacious manner.

1. Definitions of Terminology Used Herein: a. ACLS – Advanced Cardiac Life Support endorsed by the American Heart Association or approved by the dental board. b. Analgesia - the diminution or elimination of pain. c. Anxiolysis - administration of an agent administered in a dosage intended to reduce anxiety without diminishing consciousness or protective reflexes. d. Behavioral Guidance - the use of pharmacological or psychological techniques, singly or in combination, to modify behavior to a level that dental treatment can be performed effectively and safely. e. BLS-HCP – Basic Life Support at the Health Care Provider Level endorsed by or equivalent to the American Heart Association. f. Clinically Oriented Experiences - clinical patient cases which are presented outside a clinical environment and in an instructional setting, e.g., video presentations. g. Combination Inhalation Enteral Anxiolysis (applies to Class 3 permit holders)- when nitrous-oxide is used in combination with an enteral agent with the intent of achieving anxiolysis only, and the appropriate dosage of agents is administered. h. Competent - displaying special skill or knowledge derived from training and experience. i. CRNA – Certified Registered Nurse Anesthetist. j. Critical portion – the anesthesia provider must be present from induction until the patient is recovered to spontaneous ventilations without airway support, SpO2 on

room air > 95%; pupils equal, round, central, and reactive to light; and awake, alert and responds to verbal commands. k. Dental Facility - the office where a permit holder practices dentistry and provides anesthesia/sedation services. l. Dental Facility Inspection - an on-site inspection to determine if a dental facility where the applicant proposes to provide anesthesia/sedation is supplied, equipped, staffed and maintained in a condition to support provision of anesthesia/sedation services that meet the minimum standard of care; may be required by the Board prior to the issuance of a sedation/anesthesia permit or any time during the term of the permit. m. Direct Supervision – the anesthesia provider to be physically present in the operating room and continuously aware of the patient’s physical status and well-being. n. Enteral route – absorption of medication across enteric membranes which line the alimentary canal from the oral cavity, through the digestive tract, ending in the rectum. This route includes medications that are either swallowed, absorbed through the mucosa of the oral cavity, or inserted rectally. o. Hospital Facility - a “hospital” or “ambulatory surgical facility” as those terms are defined in Miss. Code Ann. § 41-7-173(h). p. Immediately Available - on-site in the dental facility and available for immediate use. q. Live Patient Experiences - procedures involving live patients either performed or observed in a clinical environment and in an instructional setting. r. Local Anesthesia - the elimination of sensations, especially pain, in one part of the body by the regional application or injection of a drug. s. May - indicates freedom or liberty to follow a reasonable alternative. t. Mobile anesthesia provider- a dentist anesthesiologist, physician anesthesiologist, CRNA or oral and maxillofacial surgeon who provides anesthesia services in a permitted office that he/she does not operate.

u. Must or Shall - indicates an imperative need or duty or both; an essential or indispensable item; mandatory. v. Nitrous-Oxide Inhalation Anxiolysis - the inhalational use of nitrous oxide for anxiolysis and/or analgesia. w. PALS – Pediatric Advanced Life Support endorsed by the American Heart Association or approved by the dental board. x. Parenteral route – administration of a drug other than absorption across enteric membranes (outside of the alimentary canal). These methods include intravenous, intramuscular, intranasal, and submucosal administration, among others. y. Pediatric – for the purposes of this regulation pediatric is defined as seven (7) years of age or under.

z. Protective Reflexes - includes the ability to swallow, cough, and protect the airway. aa. Surgery Center- Ambulatory surgery center facility licensed by the Mississippi Department of Health

2. Levels of Anesthesia a. Minimal Sedation – a drug-induced state during which patients respond normally to verbal commands. Although cognitive function and physical coordination may be impaired, airway reflexes and ventilatory and cardiovascular functions are unaffected. b. Moderate Sedation (Conscious Sedation) – a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. c. Deep sedation – a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained. d. General Anesthesia – a drug-induced loss of consciousness during which patients cannot be aroused, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

3. When anesthesia is administered in a hospital facility or surgery center, the following general guideline applies: A licensed dentist with no advanced anesthesia permit may employ or work in conjunction with a qualified anesthesiologist or CRNA who is eligible to practice in a licensed hospital or ambulatory surgical facility pursuant to the provisions of the "Minimum Standards of Operation for Mississippi Hospitals" or "Minimum Standards of Operation for Ambulatory Surgical Facilities" as published by the Mississippi State Department of Health. The licensed ambulatory surgical facility or hospital's department of anesthesia, or in the absence thereof the department of surgery, has the responsibility for establishing general policies and procedures for the administration of anesthesia, including a collaborative agreement with the CRNA as specified by nursing board rules and regulations.

4. Advanced Anesthesia Provider Permit Classifications. a. Class 1 Permit. Allows for administration of advanced anesthesia by a permit holder in the State of Mississippi with the intent to have the patient placed under deep sedation or general anesthesia. A pediatric endorsement must be obtained to provide anesthesia care for patients that are seven years of age or younger. A class 1 permit covers all levels of sedation permits. b. Class 2 Permit. Allows for administration of advanced anesthesia by a permit holder in the State of Mississippi with the intent to have the patient placed under moderate sedation. A pediatric endorsement must be obtained to provide anesthesia care for patients that are seven years of age or younger. Moderate sedation for pediatric patients seven years of age and younger must be administered via an oral, intranasal or intramuscular route. An intravenous route of administration in patients seven years and younger is prohibited, except for class 1 permit holders. c. Class 3 Permit. (same as Enteral Sedation) Allows for administration of advanced anesthesia by a permit holder in the State of Mississippi with the intent to have the patient placed under minimal sedation. Parenteral route of administration is not allowed. A pediatric endorsement must be obtained to provide anesthesia care for patients aged 8-12 years old. The dentist must use an anesthetic protocol in which he/she was trained.

5. Class 1 Provider Permit Requirements a. Providers who are eligible for a Class 1 permit include: (1) An oral and maxillofacial surgeon who has completed a CODA-accredited residency in oral and maxillofacial surgery. (2) A dentist anesthesiologist who has completed a CODA-accredited residency in dental anesthesiology. Note: For graduates of a dental anesthesiology residency program prior to CODA accreditation, the program must have met the requirements of the ADA Guidelines for Teaching the Comprehensive Control of Anxiety and Pain in Dentistry at the Advanced Education Level, in effect at the time of residency completion. (3) Maintain ACLS certification b. Pediatric endorsement requirements – In order to provide anesthesia care for pediatric patients seven years of age and younger, a Class 1 permit holder must: (1) Have completed a CODA-accredited residency that has a standard for pediatric anesthesia training and is in compliance with such a standard. (2) Maintain PALS certification.

6. Class 2 Provider Permit Requirements

a. Providers who are eligible for a class 2 permit include: (1) A dentist or dental specialist who has successfully completed a CODA- accredited dental residency that includes comprehensive training in administering moderate sedation. (2) A dentist or dental specialist who has successfully completed a board- approved continuing education course in the administration and management of moderate sedation (including a parenteral route). The course shall be board approved, and include: (a) Sixty (60) hours of didactic instruction including: (i) Physical evaluation. (ii) Management of sedation and medical emergencies. (iii) The importance of, and techniques for, maintaining proper documentation. (iv) Monitoring and the use of monitoring equipment. (v) Rescuing patients from a deeper level of sedation than intended including managing the airway, intravascular or intraosseous access, and reversal medications. (b) Individually-managed personal administration of moderate sedation to at least twenty (20) individuals. (3) Maintain ACLS certification b. Pediatric endorsement requirements- In order to provide anesthesia care to pediatric patients seven years of age and younger, a Class 2 permit holder must: (1) Have completed a CODA-accredited residency that has a standard for pediatric anesthesia training and is in compliance with such a standard. (2) OR – In addition to requirements as listed in 6 a (2) above, have completed a board approved level of training specific to sedation of pediatric patients which includes: (a) Minimum of twenty-two (22) hours of didactic instruction hours on pediatric sedation including:

(i) Physical evaluation. (ii) Management of sedation and medical emergencies. (iii) The importance of, and techniques for, maintaining proper documentation. (iv) Monitoring and the use of monitoring equipment. (v) Rescuing patients from a deeper level of sedation than intended including managing the airway, intravascular or intraosseous access, and reversal medications. (b) Attendance of a Board approved course, which includes ten (10) live patient experiences for pediatric moderate enteral sedation.

(3) Maintain PALS certification (4) Moderate sedation for pediatric patients seven years of age and younger must be administered via an oral, intranasal or intramuscular route. Patients must be ASAI or ASAII. An intravenous route of administration is prohibited. This restriction does not apply to Class 1 providers.

7. Class 3 Permit Requirements a. Providers who are eligible for a Class 3 permit include: (1)

A dentist or dental specialist who has successfully completed a CODA- accredited dental residency that includes comprehensive training in administering minimal sedation. This would include the use of combination agents for anxiolysis. (2)

A dentist or dental specialist who has successfully completed a board- approved continuing education training in the administration and management of minimal sedation using combination agents. The training should meet requirements for minimal sedation training which includes: (a) Twenty-five (25) hours of didactic instruction including: (i) Physical evaluation. (ii) Management of sedation and medical emergencies. (iii) The importance of, and techniques for, maintaining proper documentation. (iv) Monitoring and the use of monitoring equipment. (v) Rescuing patients from a deeper level of sedation than intended including managing the airway, intravascular or intraosseous access, and reversal medications. (b) Twenty (20) clinically-oriented patient experiences. (3)

Maintain ACLS certification b. Pediatric Endorsement requirements- In order to provide anesthesia care to pediatric patients eight (8) to twelve (12) years of age, a Class 3 permit holder must: (1) Have completed a CODA-accredited residency that has a standard for pediatric anesthesia training and is in compliance with such a standard. (2) OR – In addition to 7 a (2) above, have completed a board approved level of training specific to sedation of pediatric patients which includes; (a) A minimum of Twenty-two (22) hours of didactic instruction hours on pediatric sedation, and includes: (i) Physical evaluation. (ii) Management of sedation and medical emergencies.

(iii) The importance of, and techniques for, maintaining proper documentation. (iv) Monitoring and the use of monitoring equipment. (v) Rescuing patients from a deeper level of sedation than intended including managing the airway, intravascular or intraosseous access, and reversal medications (b) Attendance of a Board approved course, which includes ten (10) live patient experiences for pediatric moderate enteral sedation. (3) Maintain ACLS certification. (4) Class 3 permit will not allow sedation on any patient seven (7) years of age or younger. Also, patients age eight (8) to age twelve (12) must be ASA I or ASA II. (5) The dentist must use an anesthetic protocol in which he/she was trained.

8. A licensed dentist may provide anxiolysis without an advanced anesthesia permit. a. Permissible examples include: (1) Nitrous-Oxide used with the intent for anxiolysis. (2) A single enteral agent used with the intent for anxiolysis, not to exceed the MRD. (3) Nitrous-oxide in combination with a single enteral agent with the intent for anxiolysis in patients 8 years and above. b. A dentist without an advanced anesthesia permit is prohibited from: (1) The administration of an enteral drug exceeding the maximum recommended dose (MRD) in FDA-approved labeling for unmonitored home use. (2) The use of two or more enteral drugs during a single appointment. (3) Administering any sedative drug to a pediatric patient (seven (7) years of age or under) other than nitrous oxide.

9. Utilization of Anesthesia Services by Non-Dentist Anesthesia Providers a. The licensed dentist who wishes to utilize the services of a non-dentist anesthesia provider shall, (1) complete a non-dentist anesthesia provider application form and (2) notify the Board. In addition, if a licensed dentist wishes to utilize the services of a CRNA, the parties must also enter into a collaboration agreement/protocol as required by the rules and regulations of the Mississippi Board of Nursing. b. The application form as noted above, serves to provide the licensed dentist with a vetting/credentialing mechanism. At the same time, the notice to the Board serves to keep the Board advised of where non-dentist anesthesia providers are working and

ensure that the licensed dentist is in full compliance with the regulations as promulgated herein. c. The dentist who utilizes a physician anesthesiologist or CRNA must possess a Class 1 or Class 2 Anesthesia Permit and have his/her facility permitted to the Class 1 Level. d. The licensed dentist shall participate through discussion of, and in agreement with, the anesthesia plan and shall remain physically present and available on the premises during the delivery of anesthesia services for consultation and treatment of emergency medical conditions. e. When utilizing the services of a CRNA, the licensed dentist shall insure that the CRNA only sedates to the level of the anesthesia permit held by the licensed dentist. For those Class 2 Anesthesia Permit holders working with a CRNA, the intent of the sedation should be moderate sedation with the understanding that the patient could drift to a deeper level of sedation for a brief period of time. The CRNA will not be limited in type of sedative-hypnotic agent used in order to provide the appropriate level of sedation and analgesia during stimulating portions of the procedure or when there are relevant patient safety concerns. This provision is not intended to limit the CRNA’s ability to select and administer medication, including controlled substances, or to apply appropriate medical devices for the delivery of anesthesia services under the anesthesia plan agreed upon in conjunction with the operating dentist as contemplated by Mississippi Code § 73-15-20.

10. Application for Advanced Anesthesia Permit a. The first-time applicant must submit an application for a Class 1, Class 2 or Class 3 permit. The application must include: (1) Certification of training. (a) This will include a copy of the provider’s residency/program certificate and a letter from the program director certifying that his/her training meets CODA anesthesia standards. (b) OR evidence of successful passing of a board-approved continuing education course. (2) United States Drug Enforcement Administration (DEA) permit to prescribe and administer controlled substances in the state of Mississippi. (3) Evidence of ACLS and/or PALS certification (4) Notification of any previous disciplinary action related to the practice of anesthesia by a dental or medical board, other regulatory agency or hospital. b. An attestation statement must be signed that he/she will only provide sedation/anesthesia in a permitted facility to the level of the facility permit.

c. If more than two years out from a CODA-approved training program with sedation training standards and/or the clinical practice of anesthesia and wish to obtain a permit, the provider must obtain ten (10) sedation experiences, five (5) of which are personally administered under direct supervision of a board-appointed Class 1 or a Class 2 permit holder. d. Grandfathering of existing permit holders: (1) Current general anesthesia permit holder: (a) A provider who currently holds a general anesthesia permit qualifies for a Class 1 permit. (b) A provider who currently holds a general anesthesia permit may acquire a Class 1 pediatric endorsement by attesting to administration of, or involvement in, deep sedation/general anesthesia for at least twenty (20) pediatric patients during the last two (2) years of clinical practice. (2) Current parenteral conscious sedation permit holder: (a) A provider who currently holds a parenteral conscious sedation permit qualifies for a Class 2 permit. (b) A provider who currently holds a parenteral conscious sedation permit that fulfills the requirements for patients who are twelve (12) years of age or under qualifies for a Class 2 permit with a pediatric endorsement after completing a board-approved pediatric sedation course. (c) A dentist who has completed a CODA approved pediatric residency and holds a parenteral or enteral sedation permit qualifies for a class 2 permit with a pediatric endorsement. (3) Current enteral conscious sedation permit holders: (a) A provider who currently holds an enteral conscious sedation permit qualifies for a Class 3 permit. (b) A provider who currently holds an enteral conscious sedation permit that fulfills the requirements for patients who are twelve (12) years of age or under qualifies for a Class 3 permit with a pediatric endorsement. (c) The dentist must use an anesthetic protocol in which he/she was trained.

11. Renewal of Advanced Anesthesia Permit a. An advanced anesthesia permit must be renewed biennially. b. The provider must demonstrate currency by providing:

(1) A copy of current ACLS and/or PALS certification. (2) Continuing education training over the past two years. (3) Attest to administration of, or involvement in, twenty (20) cases of deep sedation/general anesthesia (Class 1 permit) or moderate sedation (Class 2 permit) during the last two (2) years of clinical practice. (4) If renewing a pediatric endorsement, attest to administration of, or involvement in, sedation/anesthesia consistent with the permit level for twenty (20) pediatric patients.

12. Continued Competency a. To maintain an advanced anesthesia permit, an anesthesia provider shall participate in at least eight (8) hours of continuing education every two (2) years in any of the following areas (Class 1 permit holders must obtain a minimum of half of the required CE hours in general anesthesia): (1) General anesthesia. (2) Moderate sedation. (3) Physical evaluation. (4) Medical and sedation/general anesthesia emergencies or urgencies. (5) Monitoring and use of monitoring equipment. (6) Pharmacology of drugs and non-drug substances used in general anesthesia or sedation. b. The oral and maxillofacial surgeon auxiliary staff whose primary responsibility is to monitor the patient must complete a board approved CE course every two years. c. BLS-HCP, ACLS, and PALS do NOT count toward the sedation/anesthesia continuing education requirements. d. A facility must provide emergency management training in the form of drills or simulation for providers and their staff on a quarterly basis. This training must be documented and available for review at on-site evaluations. e. Every six years, providers must complete a simulation continuing education course as approved by the board.

13. Class 1 Deep Sedation/General Anesthesia Staffing Requirements a. For patients eight (8) years of age and older undergoing deep sedation/general anesthesia, a minimum of three (3) persons must be present with the patient during the critical portion of the procedure: (1) The Class I anesthesia permit holder, OR a physician anesthesiologist OR CRNA who has a collaborative agreement with the operating dentist.

(2) The operating dentist with at least a class 2 permit and current certification in ACLS. However, the operating dentist must have a class 1 permit if utilizing a CRNA. (3) A third person having current certification in BLS-HCP. (4) If the operating dentist is also the Class 1 anesthesia permit holder (i.e. oral and maxillofacial surgeon), there must be a qualified auxiliary staff whose primary responsibility is to monitor the patient during the procedure. The auxiliary must have current certification in a board-approved training program for such a role and have current certification in ACLS. b. For pediatric patients seven (7) years of age and younger, a minimum three (3) persons must be present with the patient during the critical portion of the procedure: (1) The Class I anesthesia permit holder who has current certification in PALS OR a physician anesthesiologist OR CRNA who has a collaborative agreement with the operating dentist. (2) The operating dentist with at least a class 2 permit with a pediatric endorsement and current certification in PALS. However, the operating dentist must have a class 1 permit if utilizing a CRNA. (3) A third person having current certification in BLS-HCP. (4) If the operating dentist is also the Class 1 anesthesia permit holder (i.e., oral and maxillofacial surgeon), there must be a qualified auxiliary staff whose primary responsibility is to monitor the patient during the procedure. The auxiliary must have current certification in a board-approved training program for such a role and have current certification in PALS. c. For pediatric patients seven (7) years of age or under, a PALS-certified provider must recover the patient until he/she meets criteria for discharge using a recognized pediatric discharge scoring system. i.e. the Pediatric Post-Discharging Scoring System.

14. Class 2 Moderate Sedation Staffing Requirements a. For patients eight (8) years of age and older, a minimum of two (2) persons must be present during the critical portion of the procedure: (1) Class 2 anesthesia permit holder, OR a physician anesthesiologist OR CRNA who has a collaborative agreement with the operating dentist. (2) The second person must have current certification in BLS-HCP. b. For pediatric patients seven (7) years of age or under, a minimum of two (2) persons must be present during the critical portion of the procedure:

(1) Class 2 anesthesia permit holder who has a pediatric endorsement, OR a physician anesthesiologist OR CRNA who has a collaborative agreement with the operating dentist. (2) The second person must have current certification in BLS-HCP. c. For pediatric patients seven (7) years of age or under, a PALS-certified provider must recover the patient until he/she meets criteria for discharge using a recognized pediatric discharge scoring system. i.e. the Pediatric Post-Discharging Scoring System.

15. Class 3 Minimal Conscious Sedation Staffing Requirements a. For adult patients thirteen (13) years of age and older, a minimum of two (2) persons must be present during the critical portion of the procedure: (1) Class 3 anesthesia permit holder who has current certification in ACLS. (2) the second person must have current certification in BLS-HCP. b. For pediatric patients ages 8-12 a minimum of two (2) persons must be present during the critical portion of the procedure: (1) Class 3 anesthesia permit holder who has a pediatric endorsement and current certification in ACLS. (2) The second person must have current certification in BLS-HCP.

16. Facility Permitting a. The dental office in which advanced anesthesia is being provided must be permitted by the board. b. The facility must be adequately staffed and equipped for the provision of sedation and/or general anesthesia. The dentist who operates the facility and mobile anesthesia provider (if applicable) will be responsible for ensuring appropriate assistant staffing and training, monitoring equipment, emergency equipment and drugs, backup lighting, and electrical sources are in place. c. The permit type an office obtains is based on the level of anesthesia the office has been certified to provide. (1) Class 1 Deep Sedation/General Anesthesia Facility Permit. (2) Class 2 Moderate Sedation Facility Permit. (3) Class 3 Minimal Sedation Facility Permit. d. The facility must successfully pass an onsite inspection in order to be permitted. e. An onsite evaluation must be successfully completed every six (6) years for the advanced anesthesia permit to be renewed. f. The inspection form used by examiners for the onsite evaluation will be available for the dentist(s) whose office is being evaluated to review beforehand. The facility must

be continually maintained to the level of permitting for all procedures utilizing anesthesia (i.e. Class 1, Class 2 or Class 3) as listed in the Facility Inspection Form. g. A mobile anesthesia provider may bring his/her own equipment and drugs necessary to provide anesthesia and emergency care into a permitted facility as long as it is maintained per manufacturer requirements. However, this must be in addition, not substitution, for facility required equipment and drugs. h. A mobile anesthesia provider can only provide services for a Class 1 or Class 2 permit holder. The facility he/she provides care in has to have a class 1 permit. i. A Class 3 permit holder can only have sedation provided to the level of Class 3 sedation. j. An onsite review of the office by a Board representative can occur at any time to certify compliance with facility requirements. The Board shall consider such factors as it deems pertinent, including, but not limited to, patient complaints and reports of adverse occurrences. k. The facility must continually meet standards of care set forth by organizations such as American Society of Dental Anesthesiologists (ASDA), American Academy of Pediatric Dentists (AAPD) or American Association of Oral and Maxillofacial Surgeons (AAOMS). The AAMOS Office Anesthesia Evaluation Manual, most current edition, serves as a resource. l. Monitoring equipment must be checked and calibrated in accordance with the manufacturer’s recommendations and documented on a yearly basis. m. Controlled pharmaceuticals should be secured and maintained on site in accordance with state and federal guidelines. (1) Medications utilized in the dental office for moderate sedation, deep sedation, and/or general anesthesia shall be utilized in accordance with the drug manufacturer’s guidelines as set forth in either FDA-approved labeling, common protocols, or peer-reviewed scientific literature. n. Grandfathering facilities- (1) Current facilities in which sedation/anesthesia is provided must submit an attestation certifying compliance with staff credentials and continuing education, monitoring equipment, monitor calibration, emergency drugs and equipment, emergency preparedness training, and proper security and maintenance of controlled pharmaceuticals. (2) Facilities have two (2) years to undergo the full initial evaluation.

17. Onsite Facility Inspection

a. The facility inspection is aimed at ensuring there is a safe environment for provision of minimal sedation, moderate sedation, deep sedation, and/or general anesthesia. The facility must demonstrate: (1) Provision of equipment necessary to provide general anesthesia (Class 1), moderate sedation (Class 2), or minimal sedation (Class 3). (2) Provision of emergency drugs and equipment necessary for general anesthesia (Class 1), moderate sedation (Class 2), or minimal sedation (Class 3). (3) Provision of an appropriate back up suction and power source for operation of monitors, lighting, and visualization of the patient. (4) Provision of adequate staffing and their training for the management of emergencies. (5) Appropriate documentation of the anesthetic experience in patient records. (6) Proper documentation of the use of controlled substances, including an inventory log that complies with state and federal requirements indicating the receipt, administration, dispensing, and destruction of controlled substances. (7) Proper staff training and readiness for the management of anesthetic emergencies. b. The onsite evaluation team shall consist of at least two (2) people for the initial facility evaluation and at least one (1) person for subsequent renewal evaluations as follows: (1) Class 1 Facility will be evaluated by Class 1 permit holders only. (2) Class 2 Facility and Class 3 Facility will be evaluated by Class 2 permit holders (except for the initial evaluation where there must be one Class 1 permit holder). (3) The operator of a facility or the evaluator have the right to request re- assignment if there is a conflict of interest. c. The onsite inspection shall include the following: (1) Evaluation of the facility. (2) Review of at least ten (10) charts in order to assess for proper documentation. (3) Review of documentation of office staff emergency simulation training d. If the board is unable to schedule a facility evaluation within 30 days of a provider being issued a provider permit, a provisional facility permit can be issued by the board if the permitted provider attests to the facility meeting regulation requirements for the level of anesthesia being provided. e. The evaluation team selected by the Board shall recommend one of the following: (1) Pass: Successful completion of the onsite evaluation. (2) Conditional Approval: For failing to have appropriate drugs or equipment, proper documentation of controlled substances, or proper record keeping. The

provider must submit proof of correcting the deficiencies before full approval is issued. (3) Not pass: This category is reserved for deficiencies that are judged to potentially be a patient safety concern. The provider will be notified by the board of necessary corrective action. Until that corrective action is taken, the provider shall not allow the provision of any form of sedation or general anesthesia in his/her dental facility. f. Should an anesthesia permit holder disagree with the evaluation team's recommendation of Conditional Approval or Not Pass, the permit holder can request a review by the Anesthesia Advisory Panel. If a positive resolution cannot be achieved, the aggrieved permit holder may then submit an appeal with the Board. g. All "Not Pass" recommendations will be reported to the Board.

18. Renewal of Facility Permit a. The facility permit must be renewed by completing a biennial attestation form and by an on-site evaluation every six (6) years. b. The biennial facility attestation must certify compliance with staff credentials and continuing education, monitoring equipment, monitor calibration, emergency drugs and equipment, emergency preparedness training, and proper security and maintenance of controlled pharmaceuticals. c. Every facility will undergo an onsite inspection at least once every six (6) years beginning from the date of the initial permit to ensure the facility maintains appropriate practice standards. d. An onsite inspection of the facility by a board representative can occur at any time to certify compliance with facility requirements. The Board shall consider such factors as it deems pertinent, including, but not limited to, patient complaints and reports of adverse occurrences. e. If the facility gets a “Conditional Approval” for failing to have appropriate drugs or equipment, proper documentation of controlled substances, or proper record keeping, the provider must submit proof of correcting the deficiencies before full approval is issued. f. If the facility gets a “Not Pass” for deficiencies that are judged to potentially be a patient safety concern, the provider must submit proof of correcting the deficiencies and may be subject to another on-site evaluation before full approval is issued.

19. Patient Selection Considerations a. American Society of Anesthesiologists (ASA) classification should be considered in determining if a patient is appropriate to treat in an office setting. Providers should

follow guidelines put forth by ASA and other governing bodies such as ADA, AAOMS, ASDA, and AAPD. b. Appropriate medical and dental indications must exist before placing a patient under a deep sedation or general anesthetic, especially pediatric patients.

20. Reports of Adverse Occurrence a. If a death or adverse sedation/general anesthesia incident requiring an admission to a hospital occurs in a dental facility during the administration of or recovery from any level of sedation/general anesthesia, the permitted dentist anesthesia provider shall submit a complete report of the incident to the Board within ten (10) days of the occurrence including the name of the physician anesthesiologist or CRNA if applicable.

21. Penalty for Non-Compliance a. Violation of the provisions of this regulation may subject the permitted dentist anesthesia provider to disciplinary action, after a hearing, as provided by the Mississippi laws pertaining to the practice of dentistry. b. If a physician anesthesiologist or CRNA is involved, the Board will shall report non- compliance to the Medical or Nursing Board. c. In addition to the above, if non-compliance with this regulation by any permitted dentist or facility is such that continued operation may result in immediate harm to the public, the Dental Board retains the right to issue a cease and desist letter to the permit holder and/or seek injunctive relief as provided by law.

22. Anesthesia Advisory Committee a. The board will appoint permit holders to the anesthesia advisory committee whose responsibilities include: (1) Review the content of Regulation 30, on-site evaluation forms, collaborate agreement forms and other documents pertaining to Regulation 30 annually for compliance with latest national standards (ASA, ADA, ASDA, etc.). (2) Review and make recommendations to the board regarding training/educational programs for providers and staff. (3) Make recommendations to the board regarding any changes necessary for compliance with Regulation 30. (4) Upon request, answer questions from the board regarding standards of care. b. The committee will consist of at least three (3) Class 1 permit holders, two (2) Class 2 permit holders and one (1) Class 3 permit holders. The committee should be broadly

represented by specialty and general dentist permit holders and may include physician anesthesiologists and CRNAs. Members will commit to serve a two (2) year term and may be reappointed if eligible. c. A chair will be appointed to oversee the activities of the committee. He/she will commit to serve a two (2) year term and may be reappointed if eligible. Responsibilities include: (1) Overseeing activities of the committee. (2) Act as a liaison between the committee, board, and executive director. (3) Delegate responsibilities to committee members as appropriate.

Regulation Thirty adopted by the Mississippi State Board of Dental Examiners May 19, 2020.

30 Miss. Admin. Code Pt. 2301, R. 1.31 BOARD REGULATION NUMBER 31--REPORT OF MORBIDITY OR MORTALITY

All dentists in the State of Mississippi must submit a complete report within a period of thirty (30) days to the Mississippi State Board of Dental Examiners of any mortality or other incident occurring in the outpatient facilities of such dentists which results in permanent physical or mental injury to a patient during, or as a direct result of dental procedures or anesthesia or sedation.

History: Regulation Thirty-One adopted by the Mississippi State Board of Dental Examiners on June 4, 1987; amended September 25, 1992.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.33 BOARD REGULATION NUMBER 33--PUBLIC RECORDS ACCESS

It shall be the stated policy of the State Board of Dental Examiners that the terms, conditions, and mandates contained in the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1 et. seq., shall be strictly observed.

The following procedures shall be implemented and complied with by any individual exercising his or her right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record held and controlled by the Mississippi State Board of Dental Examiners, to-wit (except where prohibited by the Federal Privacy Act):

1. A person requesting any public record held or controlled by the State Board of Dental Examiners may do so either in writing or in person. The request shall be clear and concise and shall include only one subject matter.

2. The request shall be addressed to the Mississippi State Board of Dental Examiners, Suite 100, 600 East Amite Street, Jackson, Mississippi, 39201-2801.

3. Any such request for records or the reproduction of records shall be acted upon within fourteen (14) working days computed from the date of receipt of the request. Denial shall contain the specific reason for the denial. Copies of all denials shall be maintained on file by the Board for not less than three (3) years from the date denial is made.

4. Access to non-exempt records will be allowed during regular business hours.

5. If any public record which is held to be exempt from disclosure contains material which is not exempt, the Board shall separate the exempt material and make the non-exempt material available for examination and/or copying.

6. When fees are appropriate, the fees must be paid prior to the Board's compliance with the request. Only cash, money orders and cashier's checks will be accepted in payment for fees.

7. Records furnished to the Board by third parties, which are not public bodies, as defined in the Public Records Access Act, will not be released until notice to the third parties has been given. The record shall be released in fourteen (14) days unless the third party obtains a court order protecting the records as confidential.

8. The Executive Director of the State Board of Dental Examiners or his/her designee has the authority to specify the mode, manner, time and place of access.

9. Costs:

A. Any person who desires copies of public record as defined herein but does not officially represent a public body shall be charged twenty-five cents ($.25) per mechanically reproduced copy. Copies of pages printed on both sides (front and back) shall be considered as two pages. This fee is for the cost of searching, reviewing and duplicating the public record. However, if the searching, reviewing or duplicating of documents or the separating of non-exempt material from documents, etc. containing exempt material requires more than one quarter hour of work, then the requesting party shall be charged for the work time above one quarter hour, in addition to a mechanical reproduction charge of twenty-five cents ($.25) per page for any copies desired. The charge for the hour shall be based upon the hourly salary of the person at the Board, qualified and available to do the job.

B. In the event the public record is available in computer files and can be obtained through computer use, then the requesting party may pay the charge for the computer including programming time and actual computer time, as well as any other costs incurred. This charge will be determined by the Board.

C. Mailing costs calculated at the applicable United States Postal Service rates shall be charged where appropriate. The cost of mailing a notice to third parties via certified mail, return receipt requested, shall be charged to persons requesting the public

records.

History: Regulation Thirty-Three adopted by the Mississippi State Board of Dental Examiners on August 18, 1989; amended September 25, 1992; amended September 20, 1996.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.35 BOARD REGULATION NUMBER 35--MAINTENANCE OF CONTROLLED SUBSTANCES, RECORDS, AND INVENTORY

1. Authority:

The 1983 Mississippi Dental Practice Act, Miss. Code Ann., § 73-9-1, et. seq. (Supp. 1983), requires the Mississippi State Board of Dental Examiners (hereinafter the "Board") to carry out the purposes and provisions of the laws pertaining to the practice of dentistry in Mississippi. Pursuant to Miss. Code Ann. § 73-9-53 (Supp. 1983), legally licensed and registered dentists may write prescriptions for any drugs to be used in the practice of dentistry. Where dentists administer, dispense or prescribe a narcotic drug, or other drug having addiction-forming or addiction-sustaining liability other than in the course of legitimate professional practice, Miss. Code Ann. § 73-9-61 (Supp. 1983) provides for revocation or suspension of a license or a monetary penalty.

The responsibility for regulating the legitimate drug traffic among dentists has been placed upon the Mississippi Board of Dental Examiners by Miss. Code Ann. § 41-29-159 (Supp. 1990); and, in order to fulfill this duty, the Board must adopt rules and regulations providing for the reasonable regulation of drug prescriptions, dispensing, and inventories by dentists.

2. Construction and Purpose:

The abuse of drugs, which is a problem in every aspect of our lives in today's world, has also made its impact in the dental profession. The Board is cognizant of the increase in prescriptions, dispensation, and administration of narcotic drugs outside the course of legitimate professional practice.

The Board feels the burden of providing for the health, safety, and welfare of the public. The Board also recognizes that it is legally responsible for the regulation of the legitimate drug traffic among dentists. To carry out this duty, the Board is compelled to impose reasonable restrictions regarding the prescriptions, dispensing, and physical handling of controlled substances.

3. Definitions:

A. Controlled Substances. Controlled substances shall be the controlled substances in Schedule I, II, III, IV and V which are found at Mississippi Code Annotated Sections 41-29-113, 41-29- 115, 41-29-117, 41-29-119, and 41-29-121, respectively. The definition of controlled substances shall include any amendments hereafter made to these sections.

B. Dispensing Record. A dispensing record shall be a bound volume or volumes containing only the information required in Part 4., Section B. of this Regulation.

C. Mississippi Prescription Monitoring Program. This is the program established and maintained by the Mississippi Board of Pharmacy for the purpose of monitoring the prescribing and appropriate use of certain controlled substances and specified drugs within the State of Mississippi. The Mississippi Board of Pharmacy has been charged with defining the scope, authority, and purpose of the Mississippi Prescription Monitoring Program or its successor.

4. General Provisions:

Beginning December 1, 1991, every dentist licensed by the Mississippi State Board of Dental Examiners shall be required to maintain an accurate inventory and separate dispensing record of all controlled substances dispensed in their offices. The inventory shall account for all controlled substances obtained or received by the dentist's office or the dentist regardless of whether the said controlled substances were purchased or obtained at no cost.

A. The receipt of inventory shall reflect in every case the following information:

1. the date of receipt of the controlled substance;

2. the name and address of the person or business from whom the controlled substance was received;

3. the name of the controlled substance received;

4. the strength of the controlled substance received;

5. the quantity of the controlled substance received.

B. The dispensing records shall contain the following information.

1. the name of the controlled substance dispensed or administered;

2. the date the controlled substance was dispensed or administered;

3. the method by which the controlled substance was dispensed (i.e., administered in office or released to patient);

4. the strength of the controlled substance dispensed or administered;

5. the quantity of the controlled substance dispensed or administered;

6. the name of the patient to whom the controlled substance was dispensed;

7. the address of the patient to whom the controlled substance was dispensed;

8. the identity of staff member who dispensed or administered the controlled substance to said patient.

C. Patient medication records shall include a reference to the corresponding entry made in the dispensing records.

D. If breakage or wastage of a controlled substance occurs, the amount of the wastage must be recorded and the disposal of the wastage shall be witnessed by at least two (2) staff members.

E. The inventory and separate dispensing record required by this rule shall be kept in the office of the dentist for a period of five (5) years from the date the controlled substances are dispensed and shall be made available for inspection by agents of the Mississippi State Board of Dental Examiners or any law enforcement agency.

F. Failure to maintain and make available the inventory and separate dispensing record required by this rule shall be considered a failure to maintain effective control against diversion of controlled substances into other than legitimate dental channels and shall subject the Mississippi licensed dentist to disciplinary action.

G. Whenever any dentist desires or is required to dispose of any controlled substances located in his office; he shall do so in accordance with the procedure for the disposing of controlled substances established by the United States Department of Justice, Drug Enforcement Administration or pursuant to any rules or regulations promulgated by that agency.

5. General Provisions Regarding Schedule II Medications:

A. No Schedule II medications shall be prescribed or dispensed for acute noncancer pain for more than seven (7) days.

B. Prior to prescribing, administering, or dispensing greater than a one (1) day supply of Schedule II medications, every dentist licensed by the Mississippi State Board of Dental Examiners shall be required to query the Mississippi Prescription Monitoring Program, as heretofore defined, to determine the patient’s current prescription status.

C. The patient’s treatment record shall include a reference that the dentist conducted a query of the Mississippi Prescription Monitoring Program prior to prescribing, administering, or dispensing greater than a one (1) day supply of any Schedule II medications.

D. Every licensed dentist who prescribes, administers, or dispenses any controlled substance within the State of Mississippi, or who proposes to engage in the prescribing, administering, or dispensing of any controlled substance within the State of Mississippi shall be required to complete the continuing education outlined in Board Regulation 41 regarding the prescribing of opioids.

E. During the conduct of any investigation undertaken by the Board, its staff, or its members, a query of the Mississippi Prescription Monitoring Program shall be conducted to ensure compliance with this Regulation.

F. Failure to comply with the aforementioned requirements shall subject the Mississippi licensed dentist to disciplinary action.

6. Registration with the Mississippi Prescription Monitoring Program: Effective July 1, 2017, every dentist licensed by the Mississippi State Board of Dental Examiners who prescribes, administers, or dispenses any controlled substance within the State of Mississippi, or who proposes to engage in the prescribing, administering, or dispensing of any controlled substance within the State of Mississippi, must be registered with the Mississippi Prescription Monitoring Program (PMP), such program as heretofore defined. Once registered with the PMP, Mississippi licensed dentists shall adhere to all guidelines, protocols, and restrictions adopted by the PMP. Failure to do so shall subject the Mississippi licensed dentist to disciplinary action.

History: Regulation Thirty-Five adopted by the Mississippi State Board of Dental Examiners October 25, 1991; amended September 25, 1992; amended June 7, 1994; amended February 7, 1997; amended February 22, 2019.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.37 BOARD REGULATION NUMBER 37--LICENSE RENEWAL AND FEE SCHEDULE

Pursuant to the provisions in Miss. Code Ann. §§ 73-9-13, 73-9-19, and 73-9-43, the Board shall establish procedures for the renewal of all licenses and permits issued by the Board and collect in advance all fees as provided for in this Regulation and as currently established by the Board:

1. Renewal of Licenses and Permits Issued by the Board

All licenses and permits issued by the Board shall be renewed on a biennial basis sixty (60) days prior to November 1. Beginning with the 2005 renewal period, dentists will be renewed for the biennial period 2005-2007 and each subsequent biennial renewal period thereafter. For the 2005 renewal period, dental hygienists and radiology permit holders will be renewed for 2005-2006, and beginning with the 2006 renewal period, these licensees and permit holders will be renewed for the biennial period 2006-2008 and each subsequent biennial renewal period thereafter. A two-month penalty phase shall be effective November 1 for licenses and permits not renewed on or before October 31, and any licenses and permits not renewed on or before December 31 shall be voided on January 1 for a failure to renew.

The payment of the renewal fee by any dentist or dental hygienist who receives a Mississippi license by credentials, or by any dental assistant who receives a Mississippi radiology permit, within the ninety-day (90-day) period prior to September 1, shall satisfy the renewal fee requirements for the renewal period during which licensure or permit status was granted and for

the upcoming renewal period beginning September 1 of that current year. The payment of the renewal fee for impaired licensees is mandatory for all currently licensed dentists and dental hygienists.

2. Current Board Fees

Application for dental license by examination .....................................................................................................$250.00 Application for dental license by credentials.....................................................................................................$2,500.00 Application for dental specialty license................................................................................................................$300.00 Application for dental institutional, teaching, or provisional license......................................................................$25.00 Application for dental hygiene license by examination........................................................................................$150.00 Application for dental hygiene license by credentials ..........................................................................................$750.00 Application for dental hygiene institutional, teaching, or provisional license ........................................................$25.00 Application for class 1 anesthesia permit .............................................................................................................$300.00 Application for class 2 anesthesia permit..................................................................................................$300.00 Application for class 3 anesthesia permit..............................................................................................................$300.00 Application for dental hygienist certification to administer local anesthesia............................................$50.00 Application for radiology permit............................................................................................................................$60.00 Application for a mobile/portable dental facility..................................................................................................$300.00 Annual dental license renewal..............................................................................................................................$200.00 Annual dental specialty license renewal...............................................................................................................$125.00 Annual dental institutional, teaching, or provisional license renewal...................................................................$200.00 Annual dental hygiene license renewal ................................................................................................................$100.00 Annual dental hygiene institutional, teaching, or provisional license renewal .....................................................$100.00 Annual class 1 anesthesia permit renewal ............................................................................................................$150.00 Annual class 2 anesthesia permit rene...................................................................................................................$150.00 Annual class 3 anesthesia permit renewal.............................................................................................................$150.00 Annual dental hygienist certification to administer local anesthesia renewal...........................................$12.50

Annual radiology permit renewal ..........................................................................................................................$30.00 Penalty for delinquent renewal of dental licenses; dental specialty licenses; and dental institutional, teaching, and provisional licenses November 1 - November 30 (plus renewal fee)........................................................................................$50.00 December 1 - December 31 (plus renewal fee).......................................................................................$100.00 Penalty for delinquent renewal of dental hygiene licenses and dental hygiene institutional, teaching, and provisional licenses November 1 - November 30 (plus renewal fee)........................................................................................$25.00 December 1 - December 31 (plus renewal fee).........................................................................................$50.00 Penalty for delinquent renewal of radiology permits November 1 - November 30 (plus renewal fee)........................................................................................$20.00 December 1 - December 31 (plus renewal fee).........................................................................................$40.00 Annual impaired practitioner renewal fee...............................................................................................................$25.00 Mobile/portable dental facility follow-up site visit fee.........................................................................................$150.00 Penalty for non-notification of change of address...................................................................................................$10.00 Penalty for duplicate renewal forms and certification cards....................................................................................$10.00 Duplicate or replacement license or permit ............................................................................................................$20.00 Certified copy of license or permit .........................................................................................................................$20.00 Certification of licensure status ..............................................................................................................................$20.00 Handling fee for non-sufficient funds check ..........................................................................................................$50.00 Requests for database information Labels and printouts ..............................................................................................................................$125.00 Diskettes................................................................................................................................................$150.00 Radiology examinations administered in Board's office.........................................................................................$25.00 Dental and dental hygiene licensure examination manuals ....................................................................................$15.00 Dental and dental hygiene licensure by examination and credentials packets.........................................................$10.00 Laws and/or regulations One copy..................................................................................................................................................$10.00 Additional copies (per copy) .....................................................................................................................$5.00 Disciplinary action orders (per copy) .......................................................................................................................$5.00 Newsletters (per copy)............................................................................................................$2.50

History: Board Regulation Thirty-Seven adopted by the Mississippi State Board of Dental Examiners on September 25, 1992; amended December 8, 1995; amended October 4, 1996; amended May 27, 1997; amended January 23, 1998; amended May 29, 1998; amended May 12, 2000; amended November 3, 2000; amended July 19, 2002; amended May 18, 2003; amended

August 5, 2005; amended February 24, 2006; amended June 16, 2006; amended May 13, 2011.

History

• Source: Miss. Code Ann. § 73-9-19; amended July 16, 2021; amended January 14, 2022.
• Source: Miss. Code Ann. §§ 73-9-13, 17

30 Miss. Admin. Code Pt. 2301, R. 1.39 BOARD REGULATION NUMBER 39--INFECTION CONTROL

Purpose: To provide standards and policies for infection control within the clinical facilities and for preventing the transmission of Human Immunodeficiency Virus and Hepatitis B Virus to patients.

In accordance with Miss. Code Ann. § 41-34-3, the Mississippi State Board of Dental Examiners hereby establishes the following regulations for protecting the public from the transmission of Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV) in the practice of dentistry.

All professionals licensed by the Mississippi State Board of Dental Examiners must meet or exceed the current Recommended Infection-Control Practices for Dentistry as published by the federal Centers for Disease Control and Prevention. It is the responsibility of all licensed dentists to ensure that their auxiliary staff who may be exposed to blood and other body fluids are familiar with and adhere to the aforementioned recommendations.

Pursuant to authority granted in Miss. Code Ann. § 73-9-13, any member of the Board of Dental Examiners, its agents, investigators, and employees, upon reasonable cause as defined below, may enter any dental office, clinic, or dental laboratory during regular office hours to inspect all records, equipment, and facilities for the purpose of determining whether a licensee is in compliance with this regulation. During said inspection, representatives of the Board may conduct tests of all appliances and equipment to ensure proper sterilization and disinfection capabilities and to remove for inspection and testing any and all items deemed necessary, including, but not limited to, the following:

1. All sterilization or disinfection instruments (hot and cold), including, but not limited to, autoclaves and sterile containers.

2. Medical and surgical instruments used for dental purposes, including, but not limited to, forceps, scalpels, bone chisels, scalers, burrs, aspirators, mirrors, amalgam condensers, syringes, needles, blades, etc.

3. All sterilization chemicals, including, but not limited to, disinfectants, liquid germicides, antimicrobial surgical hand scrub, soaps, bleaches, and tuberculocidal hospital disin- fectants.

4. Single-use disposable instruments, including, but not limited to, prophylaxis angles, prophylaxis cups, brushes, saliva ejectors, high-speed air evacuators, and airway syringes.

5. Solid waste disposal bags or other containers for disposal.

6. Laboratory material, dental appliances, or other items that may be used in the mouth, including, but not limited to, impressions, bite registrations, fixed and removable pros- theses, and orthodontic appliances.

7. Equipment and other appliances used for protection of dental health care workers, including, but not limited to, medical gloves (latex and/or vinyl), face shields, surgical masks, or protective eyewear.

8. Operatory equipment not otherwise specified above.

9. Biohazard records/logs and infection control policy or protocols.

10. Patient records reflecting sterile procedures, if any used, and existence of infection(s).

Prior to any inspection, the Board shall make a determination that reasonable cause exists to conduct said inspection based upon either complaints or information received from reliable sources. Whether reasonable cause exists shall be determined by the Executive Director and President of the Board, and documentation of that determination shall be provided to the dentist, dental clinic, office, or laboratory before entry for inspection as provided herein.

History: Regulation Thirty-Nine adopted by the Mississippi State Board of Dental Examiners on September 25, 1992; amended August 27, 1993; amended February 9, 1996; amended August 29, 1997.

RULE 1.41 BOARD REGULATION NUMBER 41--CONTINUING EDUCATION

Purpose: To Establish Continuing Education Requirements of Dentists and Dental Hygienists.

1. Applicability

A. Continuing dental education (CDE) ensures that dentists and dental hygienists maintain and enhance professional competence as well as stay abreast of best practices and industry developments. B. The following are exempt from biennial CDE requirements:

(1) Licensees enrolled in full-time post-graduate specialty training; (2) Licensees’ first biennial renewal period; and (3) Licensees with an inactive license for the renewal period during which the license was inactive.

2. Biennial Requirements

A. For purposes of this regulation, the biennial renewal period is:

(1) January 01 st of even year through December 31 st of odd year for dentists and (2) January 01 st of odd year through December 31 st of even year for dental hygienists.

B. Licensed dentists must complete (40) hours of Board-approved CDE per biennial renewal period. C. Licensed dental hygienists must complete twenty (20) hours of Board-approved CDE per biennial renewal period. D. Licensed dentists who prescribe, administer, or dispense any controlled substance within the State of Mississippi, or who proposes to do so, must complete (3) hours of Board-approved CDE per biennial renewal period regarding the prescribing of opioids.

3. Method of Delivery

A. CDE hours may be obtained by in-person attendance or through virtual, correspondence, or otherwise non-in-person method(s). B. Non-in-person CDE must include a post-study examination. 4. Board-approved Continuing Dental Education (CDE) includes:

A. Dental or dental hygiene educational courses approved by the following:

(1) American Dental Association (ADA) (2) Academy of General Dentistry (AGD) (3) Mississippi Dental Association (MDA) (4) Mississippi Dental Society (MDS) (5) National Dental Association (NDA) (6) National Dental Hygienists’ Association (NDHA) (7) Mississippi Dental Hygienists' Association (MDHA) (8) American Dental Hygienists' Association (ADHA) (9) American Association of Dental Boards (AADB) (10) Mississippi State Board of Medical Licensure

B. Attendance of official meetings of the organizations listed in Section 4.(a.). C. Attendance of official meetings of the Mississippi State Board of Dental Examiners or its committees. Licensees may earn up to four (4) hours per meeting. D. Certifications obtained pursuant to Board Regulation 45 – Cardiopulmonary Resuscitation. Hours applied per biennial renewal period may not exceed:

(1) CPR (Cardiopulmonary Resuscitation) – eight (8) hours;

(2) ACLS (Advanced Cardiac Life Support) – sixteen (16) hours; and (3) PALS (Pediatric Advanced Life Support) – sixteen (16) hours.

E. Administration and calibration of American Board of Dental Examiners (ADEX) clinical licensure examinations.

(1) Dentists administering ADEX-Dental may earn up to seven and one-half (7.5) hours per one (1) day of examination. (2) Dentists and dental hygienists administering ADEX-Dental Hygiene may earn up to six (6) hours per one (1) day of examination and three (3) hours per one-half (1/2) day of examination. (3) Dentists calibrating ADEX-Dental may earn up to three (3) hours per ADEX-Dental component calibrated. (4) Dentists and dental hygienists calibrating ADEX-Dental Hygiene may earn up to three (3) hours.

F. Dentists successfully completing an ADA-recognized specialty Board re- certification examination may earn up to twenty (20) hours. G. Instruction of Board-approved CDE.

(1) Instructors shall receive the same credit for the course as participants. (2) An instructor may only apply credit for a course taught once per biennial renewal period.

H. Other courses or activities specifically approved by the Board for CDE credit on an individual basis.

5. Request for Board-approval of CDE

A. The Board may specifically approve other courses or activities for CDE credit on an individual basis. B. Persons and/or organizations seeking Board-approval for CDE credit shall submit the following information for Board consideration at least ten (10) working days prior to the next scheduled Board Meeting:

(1) Detailed course syllabus identifying information and/or training that will be covered; (2) A proposed date, location, and maximum occupancy for the course; (3) Method of delivery of information and/or training; (4) Credentials and/or professional qualifications of instructor(s); and (5) Proposed number of hours of CDE to be awarded.

C. Even if CDE is delivered at an ADA-accredited dental, dental hygiene, or dental assisting teaching institution, the course must be approved by an organization listed in Section 4.(A.) above or by the Board on a course-by-course basis. D. Board-approval status shall be clearly notated on course brochures and certificates of completion.

(1) CDE approved by the Board on a course-by-course basis shall include the date that the Board granted approval. (2) CDE approved by an organization listed in Section 4.(a.) above shall include the approving organization.

6. Reporting, Record Keeping, and Audits

A. Each licensee shall certify his or her compliance with the continuing education requirements in this regulation upon biennial license renewal. B. Unless otherwise ordered by the Board, continuing education and/or remedial education hours required by a Board disciplinary order shall not be used to satisfy the CDE requirements prescribed by this regulation. C. Each licensee is responsible for submitting proof of completion for each Board- approved CDE course and/or activity to the continuing education tracking system. D. Each licensee shall maintain a record of Board-approved CDE courses and/or activities completed for a minimum of three (3) years from the date of completion.

(1) Records shall include the date, location, number of credit hours, and certificates of attendance/ successful course completion. (2) Records shall be made available for review at any time by the Board, any member of the Board, and/or any designated agent of the Board. (3) When a Board member or any designated agent of the Board shall conduct any authorized investigation, any and all continuing education records will be reviewed and/or audited for compliance with this regulation. (4) When any licensee is noticed to appear before the Board to show cause why that licensee's dental or dental hygiene license should not be suspended, revoked, or have other action taken against it, the licensee may be required to present proof of compliance with this Regulation.

E. The Board shall conduct a random audit of a representative sample of licensees after each biennial renewal period to ensure compliance with this regulation.

7. Non-Compliance and Penalties

A. Failure to comply with this regulation, including but not limited to the following, is grounds for disciplinary action, up to and including revocation of license:

(1) False certification of the number of hours of Board-approved CDE completed; (2) Failure to complete the required number of hours of Board-approved CDE; and (3) Failure to respond and/or cooperate with the Board or Board’s designee following notification of selection for CDE audit.

B. Non-compliance with this regulation may result in disciplinary action in accordance with the following schedule of penalties:

(1) 1 st Offense: Five Hundred Dollars ($500) fine or Non-disciplinary Letter of Concern contingent upon licensee meeting compliance. (2) 2 nd Offense: One Thousand Dollars ($1,000) fine (3) 3 rd Offense: Five Thousand Dollars ($5,000) fine (4) 4 th Offense: Five Thousand Dollars ($5,000) fine and one (1) month suspension of license. (5) 5 th Offense: Five Thousand Dollars ($5,000) fine and six (6) month suspension of license.

8. Requirement for Change in Status: Inactive to Active

A. “Active” and “inactive” status shall have the same meanings as in Miss. Code Ann. § 73-9-19 and 30 Miss. Admin. Code Pt. 2301, R. 1.49 (Board Regulation No. 49). B. Any dentist or dental hygienist with an inactive license requesting a change to active status must obtain twenty (20) hours or ten (10) hours, respectively, of Board-approved CDE within the twelve (12) months prior to requesting active status. C. Any dentist or dental hygienist with an inactive license requesting a change to active status must successfully complete the Board’s Jurisprudence examination. D. Hours obtained for certification in CPR, pursuant to Board Regulation No. 45, may not be applied toward meeting this requirement.

9. Requirement for Reinstatement

A. Any dentist or dental hygienist requesting reinstatement of a voided license must obtain twenty (20) hours or ten (10) hours, respectively, of Board-approved CDE within the twelve (12) months prior to requesting licensure reinstatement. B. Any dentist or dental hygienist requesting reinstatement of a revoked license must obtain twenty (20) hours or ten (10) hours, respectively, of Board-approved CDE within the twelve (12) months prior to requesting licensure reinstatement. C. Any dentist or dental hygienist requesting reinstatement of a voided or revoked license must successfully complete the Board’s Jurisprudence examination.

D. Hours obtained for certification in CPR, pursuant to Board Regulation No. 45, may not be applied toward meeting this requirement.

History: Regulation Forty-One adopted by the Mississippi State Board of Dental Examiners December 4, 1992; amended February 5, 1993; amended August 27, 1993; amended July 29, 1994; amended April 21, 1995; amended September 22, 1995; amended December 8, 1995; amended February 9, 1996; amended August 23, 1996; amended November 8, 1996; amended March 7, 1997; amended September 18, 1998; amended August 6, 2004; amended November 19, 2004; amended May 18, 2012; amended February 1, 2013; amended October 16, 2015; amended November 10, 2017; amended October 27, 2023.

History

• Source: Miss. Code Ann. § 73-9-19.
• Source: Miss. Code Ann. §§ 73-9-13, 17

30 Miss. Admin. Code Pt. 2301, R. 1.43 BOARD REGULATION NUMBER 43—ADVERTISING

Purpose: The purpose of this regulation is to ensure that the public has access to information which provides a sufficient basis upon which to make an informed selection of dentists, while also ensuring that the public is protected from false or misleading advertisements which would detract from a fair and rational selection process. Accordingly, the Board shall adopt rules which shall regulate the manner of such advertising in keeping with the provisions hereof.

1. For the purposes of Miss. Code Ann. § 73-9-61, advertising shall include any information communicated in a manner designed to attract public attention to the practice of the licensee.

2. A dentist may provide information regarding himself or herself, his or her practice, and fixed fees associated with dental services in various forms of public communications. The responsibility for the form and content of an advertisement offering services or goods by a dentist shall be jointly and severally that of each professional who is a principal, partner, officer, or associate of the firm or entity identified in the advertisement.

3. All advertisements shall contain the full name and degree of the practitioner who will provide services. If services are referenced in the advertisement, the advertisement shall state either general practice or general dentistry, or the American Dental Association recognized specialty that the practitioner practices immediately following the name and degree of the practitioner. The word “family” may be substituted for the word “general.”

4. The Board may require a dentist to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. At the time an advertisement is placed, the dentist must then possess and rely upon information which, when produced, would substantiate the truthfulness of any assertion or representation of material fact set forth in such advertisement. The failure to possess and rely upon such information at the time the advertisement is placed, as well as the failure to provide such factual substantiation to support a representation or assertion when requested by the Board, shall be deemed unprofessional conduct as set forth in Miss. Code Ann. § 73-9-61(1)(l).

5. A video and/or audio tape of every advertisement communicated by electronic media or copies of printed advertisements shall be retained by the dentist for a period of two (2) years and be made available for review upon request by the Board or its designee.

6. Advertising that references a fee or fees, or a service for no fee, must clearly define the professional service being offered in the advertisement. Such advertised offers shall be presumed to include everything ordinarily required for such a service. No additional fees may be charged unless the advertisement includes the following disclaimer: Additional fees may be incurred in individual cases.

7. No advertisement by a licensed dentist shall contain any false, fraudulent, misleading, or deceptive statement or claim. The following acts or omissions in the context of advertising by any licensee shall constitute unprofessional conduct as set forth in Miss. Code Ann. § 73-9-61(1)(l), and subject the licensee to disciplinary action:

A. Contains misrepresentations of fact.

B. Misleads or deceive, or is likely to mislead or deceive, because in context the advertisement makes only a partial disclosure of relevant facts.

C. Contains laudatory statements about the dentist or group of dentists.

D. Creates, or is likely to create, false and unjustified expectations of favorable results.

E. Relates to the quality of dental services provided as compared to other available dental services.

F. Appeals, or is likely to appeal, primarily to a layperson’s fears.

G. Contains other representations or implications that in reasonable probability will cause an ordinary, prudent person to misunderstand or to be deceived.

H. Communicates personal identifiable facts, data, or information about a patient without first obtaining the patient’s consent.

I. Fails to disclose the fact of giving compensation or anything of value to rep- resentatives of the press, radio, television or other communicative medium (e.g., newspapers or telephone directories) in anticipation of or in return for any advertisement, unless the nature, format, or medium of such advertisement make the fact of compensation apparent.

J. Directly or indirectly offers, gives, or agrees to receive any fee or other consideration to or from a third party for the referral of a patient in connection with the performance of professional services.

History: Regulation Forty-Three adopted by the Mississippi State Board of Dental Examiners on February 5, 1993; amended April 21, 1995; amended May 30, 1995; amended March 8, 1996; amended December 6, 1996; amended March 7, 1997; amended August 27, 1999; amended November 3, 2000; amended July 20, 2001; amended December 6, 2002; amended December 2, 2005; rescinded December 2, 2005 amendment on February 24, 2006.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.45 BOARD REGULATION NUMBER 45 CARDIOPULMONARY RESUSCITATION

Purpose: To establish Cardiopulmonary Resuscitation requirements for dentists, dental hygienists, and all other dental auxiliary personnel.

1. Cardiopulmonary Resuscitation (CPR) requirements will be effective on July 1, 1994, and reporting will be incorporated with the annual registration to be submitted July 1, 1995. Refer to Rule 1.41--Board Regulation 41 concerning reporting requirements.

2. Effective July 1, 2012, all dental offices in the State of Mississippi shall be required to have a minimum of one (1) properly functioning Automated External Defibrillator (AED), or equivalent defibrillator, on the premises of each dental office. Each AED, or equivalent defibrillator, shall be maintained in a properly functioning capacity at all times. Proof of the availability of a properly functioning AED, or equivalent defibrillator, shall be made available for review at any time by any member of the Board or by any designated agent of the Board.

3. All dentists and dental hygienists licensed by the State of Mississippi and holding active licenses shall be currently certified in Cardiopulmonary Resuscitation. Further, all auxiliary personnel involved in direct patient care must be certified in Cardiopulmonary Resuscitation. All auxiliaries must be certified in CPR within one hundred eighty (180) days of employment.

4. Proof of certification shall be maintained by the dentist or dental hygienist for the time period specified in Rule 1.41--Board Regulation 41 and shall be made available for review at any time by any member of the Board or by any designated agent of the Board. When a Board member or any designated agent thereof shall conduct any authorized investigation, any and all proof of certification in Cardiopulmonary Resuscitation will be reviewed and/or audited by such Board member or authorized agent during the course of the investigation. Finally, when any licensee is noticed to appear before the Board to show cause why that licensee's dental or dental hygiene license should not be suspended, revoked, or have other action taken against it, that licensee is required to present proof of compliance with this Regulation.

5. False certification of CPR courses or failure to comply with this Regulation shall subject the dentist or dental hygienist to disciplinary action, including revocation of license. Fines will be assessed for failure to comply with this Regulation. Fines assessed herein will correspond to those fines enumerated in Rule 1.45--Board Regulation 41 for non-compliance with continuing education requirements.

6. Participation in approved Advanced Cardiac Life Support (ACLS), Pediatric Advanced Life Support (PALS), American Heart Association (AHA), or American Red Cross (ARC) courses may be used to fulfill the requirements of this Regulation. All other equivalent courses shall be approved by the Board on a case-by-case basis; however, in no instance shall any course be approved by the Board that does not contain a hands-on mannequin component.

7. Any dentist or dental hygienist requesting a change from inactive to active status is not required to meet the CPR requirements for the reporting period during which that dentist or dental hygienist was inactive. However, any dentist or dental hygienist requesting active status must, within the previous twelve (12) months prior to requesting active status, be certified in Cardiopulmonary Resuscitation.

8. Any dentist or dental hygienist requesting reinstatement of a license which was voided for a failure to re-register or which was revoked must, within the previous twelve (12) months prior to requesting licensure reinstatement, be certified in Cardiopulmonary Resuscitation.

History: Regulation Forty-Five adopted by the Mississippi State Board of Dental Examiners February 4, 1994; amended July 29, 1994; amended May 29, 1995; amended December 8, 1995; amended February 7, 1997; amended March 7, 1997; amended May 8, 2009; amended August 6, 2010.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.47 BOARD REGULATION NUMBER 47--LICENSURE BY CREDENTIALS

Purpose: To establish additional standards for licensure by credentials not included in Miss. Code Ann. § 73-9-24.

1. The Mississippi State Board of Dental Examiners has determined that a dentist or dental hygienist must practice a minimum of ninety (90) days per year from the date the application for licensure by credentials is received by the Board to be considered as actively practicing for the past five (5) years, pursuant to Miss. Code Ann. § 73-9-24(1)(b).

2. The Mississippi State Board of Dental Examiners has determined that an approved residency program may be used toward fulfilling the minimum five-year, active practice requirement stipulated by Miss. Code Ann. § 73-9-24(1)(b).

Regulation Forty-Seven adopted by the Mississippi State Board of Dental Examiners May 6, 1994; amended September 9, 1994; amended December 8, 1995; amended March 8, 1996; amended August 23, 1996; amended January 23, 1998; amended November 3, 2000; amended August 10, 2012; amended January 31, 2020.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.49 BOARD REGULATION NUMBER 49--ACTIVE STATUS

Purpose: To define what constitutes actively practicing three (3) months in the State of Mississippi pursuant to Miss. Code Ann. § 73-9-19 & 5; and to set forth the other information which may be required by the Board when considering eligibility of a dentist or dental hygienist on the “inactive” list for registration on the “active” list pursuant to Miss. Code Ann. § 73-9-19 & 8.

1. Miss. Code Ann. § 73-9-19 & 5 stipulates that dentists and dental hygienists must actively practice their respective professions for at least three (3) months of the immediately preceding license renewal period to be considered in active practice.

2. Since the Board collects renewal fees for dentists and dental hygienists on a biennial basis, the Board has defined a biennial collection cycle as consisting of two (2) consecutive one-year license renewal periods.

3. The Mississippi State Board of Dental Examiners has defined three (3) months to mean that a dentist or dental hygienist must actively practice dentistry or dental hygiene in the State of Mississippi a minimum of one (1) day per month for any three (3) months during the preceding license renewal period to remain on active status with the Board. Otherwise, dentists and dental hygienists will be listed as inactive.

4. As noted in Miss. Code Ann. § 73-9-19 & 4, dentists and dental hygienists actively practicing in another state at a veterans hospital, federal government facility, or residency graduate school program at the time of renewal shall be listed as active.

5. When a dentist or dental hygienist, registered on the “inactive” list, seeks return to the “active” list, the Board, in addition to the written application required by § 73-9-19, may request other information as deemed necessary on an individual basis. If the dentist or dental hygienist has not practiced dentistry or dental hygiene for a period of three (3) or more years preceding the request for registration on the active list, the Board may require the applicant to submit to a clinical competency assessment administered either by the Board or other institution capable of administering such an assessment. The length and areas of testing shall be left to the discretion of the Board, and determined based on the individual needs and circumstances of each applicant. Clinical competency assessments will be administered two (2) times each year:

A. during the annual licensure examinations; and

B. during the month of December on a date to be determined on an annual basis.

All costs attributable to the assessment shall be the responsibility of the applicant.

History: Regulation Forty-Nine adopted by the Mississippi State Board of Dental Examiners on March 8, 1996; amended May 12, 2000; amended September 13, 2002; amended February 28, 2003; amended November 10, 2017.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.51 BOARD REGULATION NUMBER 51--RESCINDED

History: Regulation Fifty-One adopted by the Mississippi State Board of Dental Examiners March 8, 1996; rescinded November 3, 2000 in lieu of similar language being incorporated into Miss. Code Ann. § 73-9-61(1)(d).

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.53 BOARD REGULATION NUMBER 53--PATIENT RECORDS

Purpose: To determine appropriate patient recordkeeping guidelines for licensed dentists.

Licensed dentists shall be required to maintain for a minimum of seven (7) years from the date of last treatment, a copy, or retrievable copy, of patient records including, at a minimum, the date(s) and type(s) of treatment; health history; any and all medications prescribed, dispensed, and/or administered; any and all radiographs administered; and/or other laboratory results. The inability and/or failure to produce such records when so requested by the Mississippi State Board of Dental Examiners shall be considered a violation of this Regulation, and the licensee may be subject to formal disciplinary action by the Board. Furthermore, patients who request copies of their records shall be provided such copies at no cost to the patient or, at a maximum, only the cost the dentist incurs in reproducing these records for the patient.

History: Regulation Fifty-Three adopted by the Mississippi State Board of Dental Examiners March 8, 1996.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.55 BOARD REGULATION NUMBER 55--TRADE NAMES AND CORPO- RATE PRACTICE

Purpose: To establish a policy as to trade names and the corporate practice of dentistry in Mississippi.

1. Name of Dental Facility

Since the name under which a dentist conducts his or her practice may be a factor in the selection process of the patient, and use of a trade name or an assumed name that is false or misleading in any material respect is unethical, a dentist may practice in a dental facility which uses any of the following names:

A. The name of the dentist as it appears on his or her license and renewal certificate; or

B. The name of a dentist who employs him or her and practices in the same facility; or

C. A partnership name composed of the name(s) of one or more dentists practicing in the same facility; or

D. A corporate name composed of the name(s) of one or more of the dentists practicing as employees of the corporation in the same facility; or

E. A corporate or trade name, if the conditions set forth in subsection 2 of this Regulation are fulfilled.

2. Corporate or Trade Name

Dentists licensed in the State of Mississippi who practice as individuals, partnerships, professional corporations, associations, or other group practices may use a corporate or trade name for the facility in which they conduct their practice if the following conditions are met:

A. Each corporate or trade name shall be registered with the Board by any licensed dentist(s), who must be associated with the dental facility and who shall assume responsibility for compliance with the section. Each corporate or trade name must be approved by the Board prior to the use of the name. Names which in the judgment of the Board are false, misleading, or deceptive will be prohibited.

B. Each corporate or trade name must list the family name(s) of the applying and re- sponsible dentist(s).

C. It is the obligation of each licensed dentist who works in a facility that utilizes a corporate or trade name to notify the Board in writing of the same.

D. All advertisements including, but not limited to, signage, printed advertisements, and letterheads shall contain the name, as it appears on his or her license and renewal certificate, degree (D.M.D. or D.D.S.), and, if qualified, a specialty recognized by the American Dental Association of at least one licensed dentist who is associated with the dental facility and who shall, in conjunction with the licensed dentist referred to in subsection A., assume responsibility for the advertisement.

E. In the entrance or reception area of the dental office, a chart or directory listing the names of all dentists practicing at that particular location shall be kept at all times prominently and conspicuously displayed.

F. The names of all dentists who practice under the corporate or trade name shall be maintained in the records of the dental facility for five (5) years following the departure of any individual from the practice.

G. Corporate or trade names previously approved and registered with the Board will be considered as being in compliance with these Rules and Regulations.

H. A dentist may practice in a predominantly medical facility that uses a corporate or

trade name.

3. Name of Record

Subsequent to the administration of dental service, the dentist of record shall place his or her name in the record of the patient following a description of the service rendered. If the treatment is rendered by a dentist other than the dentist of record or by a dental hygienist, the name of that person shall be placed in the record of the patient. For advertising purposes only, use of the name of a dentist no longer actively associated with the practice may be continued for a period not to exceed one (1) year. However, subsequent to the administration of dental service, it is not necessary for a dentist of record who is a sole practitioner to place his or her name in the record of the patient following a description of the service rendered.

4. Approval or Rejection of a Corporate Name/Trade Name

A. The Mississippi State Board of Dental Examiners shall notify the party submitting a proposed corporate name/trade name within sixty (60) days after submission as to the approval or rejection of the proposed name.

B. If the proposed name is rejected, the party submitting the name shall have fifteen (15) days from receipt of the notice of the rejection to request an appearance before the Board for reconsideration of the Board's rejection. The Board shall notify the party seeking reconsideration of a rejected corporate name/trade name of its decision within thirty (30) days after the party's appearance before the Board.

5. Corporate Practice

Due to the increased interest in the area of managed care and integrated health care systems, the Mississippi State Board of Dental Examiners has considered its policy as to the corporate practice of dentistry. After due consideration, it is the policy of this Board not to concern itself with the form or type of business arrangements entered into by a licensee, provided certain prerequisites are met, to-wit:

A. The dentist employed or associated with the entity is licensed by this Board.

B. The method and manner of patient treatment and the means by which patients are treated are left to the sole and absolute discretion of the licensed dentist. The pro- vision of dental services and the exercise of sound dental judgment at all times shall be exercised solely at the discretion of the licensed dentist, and he/she shall not be subject to any influence, direct or indirect, to the contrary.

C. The manner of billing and the amount of fees and expenses charged a patient for dental services rendered shall be left solely to the discretion of the licensed dentist.

D. At no time shall a dentist enter into any agreement or arrangement whereby con- sideration or compensation is received as an inducement for the referral of patients

or for the referral of dental services or supplies.

E. Licensed dentists shall have the sole responsibility for approval of any and all public communications or advertisements, and these communications and/or advertisements must be in full compliance at all times with the requirements set forth in Rule 1.43--Board Regulation 43.

F. Pursuant to Miss. Code Ann. ' 79-10-31, shareholders of a professional corporation which renders dental services shall only be licensed dentists.

History: Regulation Fifty-Five adopted by the Mississippi State Board of Dental Examiners March 8, 1996; amended December 6, 2002.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.57 BOARD REGULATION NUMBER 57--CONSULTATIVE OR OPERATIVE TREATMENT BY DENTISTS NOT LICENSED IN MISSISSIPPI

Purpose: To define a licensed Mississippi dentist's responsibilities when, pursuant to Miss. Code Ann. § 73-9-3(e), a licensed dentist from outside the State of Mississippi is called into Mississippi for consultative or operative purposes.

1. Whenever a licensed Mississippi dentist determines it necessary to secure the services of a dentist not licensed by this State who must enter Mississippi to provide consultative or operative treatment, the Mississippi dentist must submit a written request for Board approval. Approval of such requests will be determined on a case-by-case basis and according to the required documentation provided to the Board.

2. Such request must denote the reasons for the consultative or operative treatment; the name, license number, and brief practice history of the dentist licensed outside the State of Mississippi; a certificate of good standing from the state wherein the dentist licensed outside the State of Mississippi is currently practicing; evidence from the insurance carrier of malpractice insurance coverage while practicing in Mississippi; and the maximum amount of time the dentist licensed outside the State of Mississippi will be providing consultative or operative services for the benefit of the licensed Mississippi dentist.

3. The licensed Mississippi dentist must assume full and complete responsibility for any and all patient care and treatment provided by the dentist licensed outside the State of Mississippi while such dentist is treating the patient(s) of the licensed Mississippi dentist, and a sworn affidavit to this effect must accompany the request for Board approval.

4. If during the course of patient care and treatment it is determined that an extension of time is required for the dentist licensed outside the State of Mississippi, a written request must be submitted forthwith to the Board stating the reasons for such an extension of time. However, unless prior Board approval has been received, at no time shall the dentist licensed outside the State of Mississippi provide patient care and treatment beyond the maximum amount of time

initially requested by the licensed Mississippi dentist; otherwise, the licensed Mississippi dentist may be subject to disciplinary action by the Board.

5. The Board shall set a period of time for which permission for the consultative or operative treatment shall be in effect.

History: Regulation Fifty-Seven adopted by the Mississippi State Board of Dental Examiners March 8, 1996; amended September 13, 2002.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.59 BOARD REGULATION NUMBER 59--LICENSURE OF INDIVIDUALS PERFORMING DENTAL UTILIZATION REVIEW

Purpose: To stipulate Mississippi licensure requirements for individuals performing dental utilization review.

Any program of utilization review with regard to dental care services provided in this State shall comply with the following:

1. No determination adverse to a patient or to any dental provider shall be made on any question relating to the necessity or justification for dental care services without prior evaluation and concurrence in the adverse determination by a dentist licensed to practice in Mississippi. The reviewing dentist who made the adverse determination shall discuss the reasons for any adverse determination with the affected dentist provider, if the provider so requests. The reviewing dentist shall comply with this request within fourteen (14) calendar days of being notified of a request. An adverse determination by a reviewing dentist shall not be grounds for any disciplinary action against the dentist by the Mississippi State Board of Dental Examiners.

2. Any determination regarding dental care services rendered or to be rendered to a patient which may result in a denial of third-party reimbursement or a denial of pre-certification for that service shall include the evaluation, findings, and concurrence of a reviewing dentist trained in the relevant specialty or sub-specialty, if requested by the patient’s dentist, to make a final determination that care rendered or to be rendered was, is, or may be inappropriate.

3. The requirement in this section that a reviewing dentist who makes the evaluation and concurrence in the adverse determination must be licensed to practice in Mississippi shall not apply to the Comprehensive Health Insurance Risk Pool Association or its policyholders.

History: Regulation Fifty-Nine adopted by the Mississippi State Board of Dental Examiners De- cember 8, 2000.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.61 BOARD REGULATION NUMBER 61--MOBILE DENTAL FACILITIES

Purpose: To establish requirements for licensees operating mobile dental facilities within the State of Mississippi, all pursuant to Miss. Code Ann. § 73-9-13. 1. Applicability This regulation applies to the Operator of a mobile dental facility dental operation.

2. Exemptions a. Mobile dental facilities operated by agencies of the State of Mississippi which do not charge or collect any fees whatsoever for services provided are exempt from the requirements of this regulation. b. Mobile dental facilities contracted, operated, or deployed by the Federal or State military armed forces to provide dental services/treatment solely to Federal or State active duty military personnel, including military reservists, exclusively within the confines of the military base, armory, or installation within the State of Mississippi, are exempt from the requirements of this regulation. As used herein, the terms “military personnel” and “military reservists” do not include spouses and dependents. 3. Definitions As used herein, the following terms shall have the meanings specified: a. “Mobile dental facility” means any self-contained facility in which dentistry will be practiced, which may be moved, towed, or transported from one location to another. This includes, but is not limited to, a van or mobile home in which treatment will be provided. b. “Operator” means the person or persons currently licensed to practice dentistry in the State of Mississippi who is providing the patient’s treatment while on the mobile dental facility. The Operator shall be present and held completely responsible for the quality of patient care at all times when clinical services are rendered. c. “Owner” means an individual or corporate entity who has registered a mobile dental facility with the Board pursuant to the registration requirements of this regulation. d. “Mobile dentistry” is defined as the delivery of dental services to patients of all ages in facilities not considered traditional land-based dental clinics, such facilities as heretofore defined. The Board herein references its current definition of dentistry as set forth in Miss. Code Ann. § 73-9-3, et. al., and all pertinent regulations regarding the provision of dental services to patients. Operators providing mobile dentistry are expected to adhere to the same ethics, laws, and regulations governing the provision of dental services to patients as would be expected of dentists providing the same dental services to patients in land-based dental clinics. Furthermore, any deviation from the standard of care in the provision of both mobile dentistry and land-based dentistry shall be considered a violation of the Board’s laws and regulations and subject to disciplinary action by this Board.

3. Registration a. In order to operate a mobile dental facility, the Operator must be an individual who is authorized to practice dentistry under the laws and regulations of this State, and must possess a current mobile dental office registration issued by the Board. b. To become registered, the Operator must: (1) Complete an application in the form and manner required by the Board. (2) Pay an initial application fee, such fee as stipulated in Board Regulation 37. (3) Provide the Board with evidence of compliance with the requirements of this regulation. (4) With the registrant’s initial application to the Board, submit proof from the Mississippi State Board of Health that licensee’s radiographic equipment has been approved.

4. Office Physical Address and Telephone Number a. The Operator of a mobile dental facility shall maintain an official business or mailing address of record (hereinafter “official office address”), which shall not be a post office box and which shall be filed with the Board. b. The Operator of a mobile dental facility shall maintain an official telephone number of record, which shall be filed with the Board. Furthermore, the telephone number for the mobile dental facility must have 911 capability. c. The Board shall be notified within thirty (30) days of any change in the address or telephone number of record. d. All written or printed documents available from or issued by the mobile dental facility shall contain the official office address and telephone number of record for the mobile dental facility. e. All mobile dental facilities shall provide a written list to the state board of dental examiners outlining addresses associated with each service location, or locations the Operator plans to provide services from each mobile facility. f. When not in transit, all dental and official records shall be maintained at the official office address. 6. Written Procedures, Communication Facilities, Conformity with Requirements, and Driver Requirements The Operator of a mobile dental facility shall ensure the following: a. There is a written procedure for emergency follow-up care for patients treated in the mobile dental facility, and such procedure includes arrangements for treatment in a dental facility that is established in the area where services were provided. b. With the registrant’s initial application, the Board must be provided a list of names of dentists to whom the Operator of the mobile dental facility will refer patients for follow-up care, subject to the patient’s right to choose another dental care provider. This list shall contain the dentist’s full name, physical office address, telephone number, and an attached statement from each dentist so listed indicating that the dentist will be responsible for follow-up care. The list shall be updated when changes are made insofar as follow-up care dentists are concerned within 30- days. A dentist who agrees to provide follow-up care must be practicing and located in a land based dental office which provides dental services either in the county wherein the mobile dental facility provides services, or in an adjacent county to the location wherein such services are being provided. The dentist who agrees to provide follow-up care can also be the Operator provided that there is a qualifying mobile facility. c. The mobile dental facility has communication facilities that will enable the Operator thereof to contact necessary parties in the event of a medical or dental emergency. The mobile dental facility must have communication capabilities to be directly reached at the mobile facilities. This direct line shall be listed and viewable with ease for the public and MSBDE to contact at any time deemed necessary by MSBDE or a representative of MSBDE. This direct line cannot be associated with a switchboard that is maintained by a land-based clinic, or satellite location. The communication facilities must enable the patient or the parent or guardian of the patient treated to contact the Operator for emergency care, follow-up care, or information about treatment received. The provider who renders follow-up care must also be able to contact the Operator and receive treatment information, including radiographs. d. The mobile dental facility and the dental procedures performed comply with the laws and regulations of the State.

e. No services are performed on minors without a signed consent form from the parent or guardian, which indicates: (1) if the minor already has a dentist, the parent or guardian should continue to arrange dental care through that provider; and (2) how the treatment of the child by the mobile dental facility may affect the future benefits that the child may receive under private insurance, Medicaid; or the Children’s Health Insurance Program (CHIP). f. A mobile dental facility that accepts a patient and provides preventive treatment, including prophylaxis, radiographs, and fluoride, but does not follow-up with treatment when such treatment is clearly indicated, is considered to be abandoning the patient. Arrangements must be made for treatment services by either the Operator or other licensee who agrees to provide follow-up care. If such arrangements are not made, the Operator will be construed to have committed unprofessional conduct pursuant to Miss. Code Ann. § 73-9-61 and shall be subject to disciplinary action by this Board. 7. Physical Requirements and Inspection for Mobile Dental Facility

a. The Operator shall ensure that the mobile dental facility has the following: (1) Ready access to a ramp or lift; (2) A properly functioning sterilization system; (3) Ready access to an adequate supply of potable water, including hot water; (4) Ready access to toilet facilities; and (5) A covered galvanized, stainless steel, or other noncorrosive container for deposit of refuse and waste materials. (6) Medical waste disposal consistent with CDC guidelines. b. All procedures must be in compliance with the current Recommended Infection-Control Practices for Dentistry as published by the federal Centers for Disease Control and Prevention (CDC). c. The mobile dental facility shall be inspected by a Board member or a staff evaluator prior to receiving approval to operate by the Board, and the fee for such inspection shall be included in the initial application fee for a mobile dental facility. d. Once approved the mobile dental facility shall be subject to periodic, unannounced audits by any Board member or a staff evaluator. Furthermore, a fee shall be assessed for these periodic, unannounced audits, such fee as stipulated in Board Regulation 37. 8. Identification of Personnel, Notification of Changes in Written Procedures, and Display of Licenses a. The Operator of a mobile dental facility shall identify and advise the Board in writing within thirty (30) days of any personnel change relative to all licensed dentists, and licensed dental hygienists, and all radiology permit holders associated with the mobile dental facility by providing the full name, address, telephone numbers, and license numbers, where applicable. b. The Operator shall advise the Board in writing within thirty (30) days of any change in the written procedure for emergency follow-up care for patients treated in the mobile dental facility, including arrangements for treatment in a dental facility which is permanently established in the area. The permanent dental facility shall be identified in the written procedure. c. Each dentist and dental hygienist providing dental services in the mobile dental facility shall prominently display his or her Mississippi dental or dental hygienist license in plain view of patients.

9. Identification of Location of Services a. Each Operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are provided: (1) the street address of the service location; (2) the dates of each session; (3) the number of patients served; and (4) the types of dental services provided and quantity of each service provided. b. The written or electronic record shall be made available to the Board or its representative within ten (10) days of a request. c. Each mobile dental facility must possess all applicable county and city licenses or permits to operate at each location. 10. Licensed Dentist in Charge A mobile dental facility shall at all times be in the charge of a dentist currently licensed to practice dentistry in the State of Mississippi. The treating dentist currently licensed to practice dentistry in the State of Mississippi shall be present and held completely responsible for the quality of patient care at all times when clinical services are rendered. 11. Information for Patients a. During or at the conclusion of each patient’s visit to the mobile dental facility, the patient shall be provided with an information sheet. If the patient has provided consent to an institutional facility to access the patient’s dental health records, the institution shall also be provided with a copy of the information sheet. An institutional facility includes, but is not limited to, a long-term care facility or school. b. The information sheet as required herein shall include the following: (1) Pertinent contact information as required by this regulation; (2) The name of the dentist and other dental staff who provided services; (3) A description of the treatment rendered, including billed service codes and fees associated with treatment, and tooth numbers when appropriate; and (4) If necessary, referral information to another dentist as required by this regulation. (5) A written process to obtain radiographs. 12. Cessation of Operation a. Upon cessation of operation by the mobile dental facility, the Operator shall notify the Board within thirty (30) days of the last day of operation in writing of the final disposition of patient records and charts. b. If the mobile dental facility is sold, a new registration application must be filed with the Board. c. The Operator shall make reasonable arrangements with the active patients of the mobile dental facility for the transfer of the patient’s records, including radiographs or copies thereof, to the succeeding practitioner or, at the written request of the patient, to the patient. d. As used in this section, “active patient” applies and refers to a person whom the mobile dental facility has examined, treated, cared for, or otherwise consulted with during the two-year (2) year period prior to discontinuation of practice, or moving from or leaving the community. Regulation Sixty-One adopted by the Mississippi State Board of Dental Examiners on February 25, 2005; amended May 6, 2005; amended August 7, 2009; amended May 13, 2011; amended February 3, 2012; amended April 5, 2019.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2301, R. 1.62 Rule 1.62

BOARD REGULATION NUMBER 62--PORTABLE DENTAL OPERATIONS Purpose: To establish requirements for licensees operating portable dental operations within the State of Mississippi, all pursuant to Miss. Code Ann. § 73-9-13. 1. Applicability This regulation applies to the Operator of a portable dental operation who:

a. provides dental services. 2. Exemptions a. Portable dental operations operated by agencies of the State of Mississippi which do not charge or collect any fees whatsoever for services provided are exempt from the requirements of this regulation. b. Portable dental operations contracted, operated, or deployed by the Federal or State military armed forces to provide dental services/treatment solely to Federal or State active duty military personnel, including military reservists, exclusively within the confines of the military base, armory, or installation within the State of Mississippi, are exempt from the requirements of this regulation. As used herein, the terms “military personnel” and “military reservists” do not include spouses and dependents. 3. Definitions as used herein, the following terms shall have the meanings specified: a. “Portable dental operation” is defined as any nonfacility in which dental equipment, utilized in the prace of dentistry, is transported to and utilized on a temporary basis at an out of office location, including, but not limited to: (A) Other dentist offices: (B) patient’s homes; (C) schools; (D) nursing homes; or (E) other institutions. b. “Operator means the person licensed to practice dentistry in the State of Mississippi who has registered a portable dental operation with the Board pursuant to the registration requirements of this regulation. c. "Owner" means an individual or corporate entity who has registered a portable dental operation with the Board pursuant to the registration requirements of this regulation.

d. “Portable dentistry” is defined as the delivery of dental services to patients of all ages in facilities not considered traditional land-based dental clinics, such facilities as heretofore defined. The Board herein references its current definition of dentistry as set forth in Miss. Code Ann. § 73-9-3, et. al., and all pertinent regulations regarding the provision of dental services to patients. Operators providing portable dentistry are expected to adhere to the same ethics, laws, and regulations governing the provision of dental services to patients as would be expected of dentists providing the same dental services to patients in land-based dental clinics. Furthermore, any deviation from the standard of care in the provision of portable dentistry and land-based dentistry shall be considered a violation of the Board’s laws and regulations and subject to disciplinary action by this Board.

4. Registration a. In order to operate a portable dental operation, the Operator must be an individual who is authorized to practice dentistry under the laws and regulations of this State, and must possess a current portable dental permit registration issued by the Board. b. To become registered, the Operator must: (1) Complete an application in the form and manner required by the Board. (2) Pay an initial application fee, such fee as stipulated in Board Regulation 37. (3) Provide the Board with evidence of compliance with the requirements of this regulation. (4) With the registrant’s initial application to the Board, submit proof from the Mississippi State Board of Health that licensee’s radiographic equipment has been approved. 5. Office Physical Address and Telephone Number a. The Operator and the owner of a portable dental operation shall maintain an official business or mailing address of record (hereinafter “official office address”), which shall not be a post office box and which shall be filed with the Board. b. The Operator and the owner of a portable dental operation shall maintain an official telephone number of record, which shall be filed with the Board. Furthermore, the telephone number for the portable dental operation must have 911 capability. c. The Board shall be notified within thirty (30) days of any change in the address or telephone number of record. d. All written or printed documents available from or issued by the portable dental operation shall contain the official office address and telephone number of record for the portable dental operation. e. When not in transit, all dental and official records shall be maintained at the official office address. 6. Written Procedures, Communication Facilities, and Conformity with Requirements. The Operator of a portable dental operation shall ensure the following: a. There is a written procedure for emergency follow-up care for patients treated in the portable dental operation, and such procedure includes arrangements for treatment in a dental facility that is established in the area where services were provided. b. With the registrant’s initial application, the Board must be provided a list of names of dentists to whom the Operator of the portable dental operation will refer patients for follow-up care,

subject to the patient’s right to choose another dental care provider. This list shall contain the dentist’s full name, physical office address, telephone number, and an attached statement from each dentist so listed indicating that the dentist will be responsible for follow-up care. The list shall be updated when changes are made insofar as follow-up care dentists are concerned. A dentist who agrees to provide follow-up care must be practicing and located in a land based dental office which provides dental services in the county wherein the portable dental operation provides services, or in an adjacent county to the location wherein such services are being provided. The dentist who agrees to provide follow-up care can also be the operator. c. The portable dental operation has communication facilities that will enable the Operator thereof to contact necessary parties in the event of a medical or dental emergency. The communication facilities must enable the patient or the parent or guardian of the patient treated to contact the Operator for emergency care, follow-up care, or information about treatment received. The provider who renders follow-up care must also be able to contact the Operator and receive treatment information, including radiographs. d. The portable dental operation and the dental procedures performed comply with the laws and regulations of the State. e. In addition to written report being sent home with the patient, the portable operation will communicate with the guardian, informing him/her of the necessary treatment needed for that child. The portable operation will assist in the referral and appointment process to the dentist who agreed to treat these patients. Additionally, specific information will be detailed on how to obtain radiographs for the referred dentist. f. No services are performed on minors without a signed consent form from the parent or guardian, which indicates: (1) if the minor already has a dentist, the parent or guardian should continue to arrange dental care through that provider; and (2) How the treatment of the child by the portable dental operation may affect the future benefits that the child may receive under private insurance, Medicaid; or the Children’s Health Insurance Program (CHIP). (3) The informed consent will be signed for each patient explaining the anticipated procedures to be performed. g. A portable dental operation that accepts a patient and provides preventive treatment, including prophylaxis, radiographs, and fluoride, but does not follow-up with treatment when such treatment is clearly indicated, is considered to be abandoning the patient. Arrangements must be made for treatment services by either the Operator or other licensee who agrees to provide follow-up care. If such arrangements are not made, the Operator will be construed to have committed unprofessional conduct pursuant to Miss. Code Ann. § 73-9-61 and shall be subject to disciplinary action by this Board. 7. Physical Requirements and Inspection for Portable Dental Operation

a. The Operator shall ensure that the portable dental operation has the following: (1) Ready access to a ramp or lift; (2) A properly functioning sterilization system; (3) Ready access to an adequate supply of potable water, including hot water; (4) Ready access to toilet facilities; and (5) A covered galvanized, stainless steel, or other noncorrosive container for deposit of refuse and waste materials. (6) Medical waste disposal consistent with CDC guidelines. b. All procedures must be in compliance with the current Recommended Infection-Control Practices for Dentistry as published by the federal Centers for Disease Control and Prevention (CDC). c. The portable dental operation shall be inspected by a Board member or a staff evaluator prior to receiving approval to operate by the Board, and the fee for such inspection shall be included in the initial application fee for a portable dental operation. d. Once approved the portable dental operation shall be subject to periodic, unannounced audits by any Board member or a staff evaluator. Furthermore, a fee shall be assessed only for follow- up inspections of a failed inspection. 8. Identification of Personnel, Notification of Changes in Written Procedures, and Display of Licenses a. The Operator of a portable dental operation shall identify and advise the Board in writing within thirty (30) days of any personnel change relative to all licensed dentists, licensed dental hygienists and radiology permit holders associated with the portable dental operation by providing the full name, address, telephone numbers, and license numbers, where applicable. b. The Operator shall advise the Board in writing within thirty (30) days of any change in the written procedure for emergency follow-up care for patients treated in the portable dental operation, including arrangements for treatment in a dental facility which is established in the area. The dental facility shall be identified in the written procedure. c. Each dentist and dental hygienist providing dental services in the portable dental operation shall prominently display his or her Mississippi dental or dental hygienist license in plain view of patients. 9. Identification of Location of Services a. Each Operator of a portable dental operation shall maintain a written or electronic record detailing for each location where services are provided: (1) the street address of the service location;

(2) the dates of each session; (3) the number of patients served; and (4) the types of dental services provided and quantity of each service provided. b. The written or electronic record shall be made available to the Board or its representative within ten (10) days of a request. c. Each portable dental operation must possess all applicable county and city licenses or permits to operate at each location. 10. Licensed Dentist in Charge A portable dental operation shall at all times be in the charge of a dentist currently licensed to practice dentistry in the State of Mississippi. The treating dentist currently licensed to practice dentistry in the State of Mississippi shall be present and held completely responsible for the quality of patient care at all times when clinical services are rendered. 11. Information for Patients a. During or at the conclusion of each patient’s visit to the portable dental operation, the patient shall be provided with an information sheet. If the patient has provided consent to an institutional facility to access the patient’s dental health records, the institution shall also be provided with a copy of the information sheet. An institutional facility includes, but is not limited to, a long-term care facility or school. b. The information sheet as required herein shall include the following: (1) Pertinent contact information as required by this regulation; (2) The name of the dentist and other dental staff who provided services; (3) A description of the treatment rendered, including billed service codes and fees associated with treatment, and tooth numbers when appropriate; and (4) If necessary, referral information to another dentist as required by this regulation. (5) A written process to obtain radiographs. 12. Cessation of Operation a. Upon cessation of operation of a portable dental operation, the Operator shall notify the Board within thirty (30) days of the last day of operation in writing of the final disposition of patient records and charts. b. If the portable dental operation is sold, a new registration application must be filed with the Board.

c. The Operator shall make reasonable arrangements with the active patients of the portable dental operation for the transfer of the patient’s records, including radiographs or copies thereof, to the succeeding practitioner or, at the written request of the patient, to the patient. d. As used in this section, “active patient” applies and refers to a person whom the portable dental operation has examined, treated, cared for, or otherwise consulted with during the two- year (2) year period prior to discontinuation of practice, or moving from or leaving the community. Regulation Sixty-One adopted by the Mississippi State Board of Dental Examiners on September 20, 2019.

History

• Source: Miss. Code Ann. § 73-9-19.

Part 2302 Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners

30 Miss. Admin. Code Pt. 2302, R. 1.1 SCOPE

The following Rules of Procedure apply to all individuals licensed to practice dentistry, and dental hygiene in the State of Mississippi.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.2 DEFINITIONS

1. The word "complaint" as used in Miss. Code Ann. § 73-9-63, shall mean a written complaint or oral complaint later reduced to writing.

2. The word "Board" shall mean the Mississippi State Board of Dental Examiners.

3. The words "Mississippi Dental Practice Act" shall mean Sections 73-9-1, et. seq., pertaining to licensure and discipline of individuals practicing dentistry or dental hygiene.

4. The words "licensee" or "dentist" or "dental hygienist" shall mean any individual licensed to practice dentistry or dental hygiene in the State of Mississippi.

5. The word "Respondent" shall mean a dentist or dental hygienist against whom a dis- ciplinary proceeding has been initiated.

6. The words "Prosecutorial Counsel" shall mean the attorney retained by the Board to prosecute dentists and dental hygienists pursuant to the Mississippi Dental Practice Act.

7. Masculine terms, when used in the following Rules of Procedure, shall also be deemed to include the feminine.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.3 INVESTIGATION/COMPLAINT

1. A complaint, as defined herein, may be filed with the Secretary of the Board (through the Board's Executive Director) by any one or more of the following individuals:

A. Any person or patient charging a licensed dentist or dental hygienist with the commission of any of the offenses enumerated in the Mississippi Dental Practice Act,

B. Any member of the Board, or

C. An Investigator of the Board.

Upon receipt of a complaint indicating a possible violation of the Mississippi Dental Practice Act, the Board or designated member of the Board, shall review the complaint and determine if there is substantial justification to conduct an investigation. An investigation may be conducted by any member of the Board, its staff or designated representative/agent (hereinafter "Investigative Staff"). An investigation may be conducted although a formal written complaint has not been received, if the Board has received information indicating non-compliance with, or violation of the provisions of the Mississippi Dental Practice Act.

2. If, as a result of the aforementioned investigation, substantial justification exists to believe that the accused dentist or dental hygienist has committed any of the offenses enumerated in the Mississippi Dental Practice Act, the Board may either:

A. Initiate formal disciplinary proceedings as provided in Rule 1.4. below.

B. Resolve the matter through negotiation and execution of a consent order as provided in Rule 1.10.6. below.

If, as a result of the investigation, it is determined that insufficient cause exists to initiate disciplinary proceedings, the complaint shall be dismissed or remanded to file.

3. During an investigation, the Investigative Staff may interview and take the statements of witnesses and licensees. Further, the Investigative Staff may inspect, copy and/or seize records, documents and other matters as authorized by Board regulation or state and federal law. During an interview of a licensee, the Investigative Staff shall inform the licensee of the nature and purpose for the investigation and, if requested, provide licensee with a copy of any written complaint which may have prompted the investigation, provided, that if a complainant has requested anonymity, all identifying data of the complainant shall be removed therefrom.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.4 INITIATION OF DISCIPLINARY ACTION

1. If the Board or its designated member determines that formal disciplinary proceedings should be initiated, the Board, through its Executive Director, shall provide adequate notice to the licensee of all complaints made. Such notification shall include:

A. A "Notice of Hearing," signed by the Board's Executive Director, setting forth:

1. The style of the action,

2. The name, address and license number of the Respondent,

3. The address, date, and time at which the Respondent is summoned to appear before the Board,

4. The specific sections of the Mississippi Dental Practice Act and/or Board Regulation which the Respondent is charged with violating,

5. The actions which the Board has the authority to take, including placing the dentist on probation, the terms of which may be set by the Board suspending his right to practice dentistry for a time deemed proper by the Board, revoking his license, or taking any other action in relation to his license as the Board may deem proper under the circumstances.

B. The Notice of Hearing or affidavit attached thereto shall set forth, in numbered paragraphs, a concise statement of the material facts and allegations to be proven, including:

1. facts giving rise to the Board's jurisdiction,

2. facts constituting legal cause for administrative action against the Respondent, and

3. the statutory provisions alleged to have been violated by the Respondent.

4. The Notice of Hearing, a true copy of the complaint, and a true copy of all papers filed with the Board relating to such complaint shall be delivered to the Respondent, either through registered mail or by personal service.

5. The Notice of Hearing shall name a date for hearing not less than thirty (30) days from the date of the mailing or service of the summons.

6. The Notice of Hearing shall bear the name, address, and telephone number of the Board's Prosecutorial Counsel.

7. All pleadings, motions or other papers permitted or required to be filed with the Board in connection with a pending disciplinary proceeding shall be filed by personal delivery at or by mail to the office of the Board. A copy of all papers filed with the Board shall be delivered by registered mail or personally served on opposing counsel of record.

8. All pleadings, motions or other papers shall be submitted on plain white, letter size (8 ½ x 11") bond, with margins of at least one inch on all sides and text double spaced except as to quotations and other matter customarily single spaced; shall bear the style and caption of the case as it appears on the summons and shall include the certificate of the attorney or person making the filing that service of a copy of the same has been effected in the manner prescribed by subsection 5 above.

9. The Board may refuse to accept for filing any pleading, motion or other paper not in conformity with the requirements of this rule.

10. Within fifteen (15) days of service of the Notice of Hearing, or such longer time as the Board, on motion of the Respondent may permit, the Respondent shall answer the Notice, admitting or denying each of the separate allegations of fact and of law set forth therein. Any matters admitted by the Respondent shall be deemed proven and established for purposes of adjudication. Any matters or allegations not specifically denied are admitted for the purposes of the hearing. In the event that Respondent does not file a response to the Notice of Hearing, all matters asserted therein shall be deemed admitted.

11. Any Respondent may be represented before the Board by an attorney-at-law who:

A. is admitted to practice in the State of Mississippi, or

B. has been given express permission by the Board to appear on behalf of Respondent.

10. Upon service of a Notice of Hearing pursuant to Subsection 2 above, a Respondent who is represented by legal counsel with respect to the proceeding shall personally or through such counsel, give written notice to the Board of the name, address and telephone number of such counsel. Following receipt of a proper notice of representation, all further notices, complaints, subpoenas, orders or other process related to the proceeding shall be served on Respondent through the designated counsel of record.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.5 SUBPOENAS

1. For the purpose of disciplinary hearings, the Board, acting by and through its Executive Director, may subpoena persons and papers on its own behalf and on behalf of a Re- spondent.

2. Before the Board shall issue on behalf of a Respondent any subpoena for persons or papers, the Respondent shall:

A. File with the Board a written request for the issuance of said subpoenas, identifying with certainty the identity and address of all individuals to be subpoenaed, along with a concise description of the records to be subpoenaed with the identity and address of the custodian of said records.

B. All subpoenas issued by the Board on behalf of a Respondent shall be effected by registered mail.

C. All requests for the issuance of subpoenas shall be filed with the Board sufficiently distant in time to allow for the preparation and mailing of said subpoenas at least ten (10) working days before the scheduled hearing date. The Board shall not be responsible for the timely receipt of subpoenas issued after the aforementioned deadline.

3. The Board shall charge a Respondent a reasonable fee, not to exceed $25.00 per subpoena, for preparation and mailing of subpoenas.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.6 DISCOVERY

1. Upon written request by a Respondent or his counsel, the Board's Prosecutorial Counsel shall disclose and permit Respondent or his counsel to inspect, copy or photograph the following information and material, other than the complaint and related papers submitted in compliance with Rule 1.4.2. above, which is in the possession, custody, or control of the Board, or the existence of which is known to the Prosecutorial Counsel:

A. Names and addresses of all witnesses proposed to be called in Prosecutorial Counsel's case in chief, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness.

B. Copy of any written or recorded statement of Respondent and the substance of any oral statement made by the Respondent.

C. Copy of any criminal record of a Respondent, if proposed to be used.

D. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case.

E. All records, documents, physical evidence or photographs which may be offered as evidence in Prosecutorial Counsel's case-in-chief.

F. Any exculpatory material concerning the Respondent.

G. The Board shall charge a Respondent a reasonable fee, not to exceed 504 per copy, payable in advance of delivery of copied documents.

2. The Board may deny disclosure authorized by subsection 1 if it finds that there is a sub- stantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary embarrassment, resulting from such disclosure, which outweighs any useful- ness of the disclosure to Respondent or his counsel.

3. If Respondent requests discovery under this rule, Respondent shall promptly disclose to Prosecutorial Counsel and permit him to inspect, copy or photograph the following information and material which is in the possession, custody, or control of Respondent or his counsel, or the existence of which is known to Respondent or his counsel:

A. Names and addresses of all witnesses proposed to be called in Respondent's defense, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness.

B. All records, documents, physical evidence or photographs which may be offered as evidence in Respondent's defense.

C. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case.

4. No depositions shall be taken in preparation for matters to be heard before the Mississippi State Board of Dental Examiners.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.7 AMENDMENT OF PLEADINGS

1. The Board's Prosecutorial Counsel may amend a summons and complaint after being duly served upon Respondent at any time prior to the scheduled hearing date, provided, the amendment is for the purpose of correcting a clerical error or clarifying facts set forth in the complaint. A Notice of Hearing may be amended to add additional charges or counts provided the amended summons and complaint is served upon Respondent not

less than thirty (30) days from the scheduled hearing date or by mutual agreement of the parties.

2. A Respondent may amend his answer as a matter of course at any time before the answer is due. Otherwise, a Respondent may amend his answer only by leave of the Board. Leave shall be freely given when justice so requires.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.8 PRE-HEARING MOTIONS

1. All pre-hearing motions shall be filed not later than fifteen (15) days prior to the scheduled hearing. Said motion shall include an explanation of the grounds on which relief is sought. A motion may be accompanied by an affidavit as necessary to establish facts alleged in support of the motion.

2. Within ten (10) days of the filing of any motion, opposing counsel may file a response in opposition to the initial motion.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.9 CONTINUANCES

1. Hearings shall be held before the full Board at the time and place designated in the Notice of Hearing unless a continuance is granted for just cause by the Board. A motion for a continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing.

2. It must be recognized that the Board consists of seven (7) practicing dentists representing various regions of the State and one (1) licensed dental hygienist appointed by the Governor. Unlike the judiciary, Board members are not in the business of conducting hearings; therefore, hearings will be held only during regularly scheduled meetings or other dates established by order of the Board. Attorneys representing dentists should take this fact into consideration. A scheduled hearing may be continued if the Respondent shows substantial, legitimate grounds for continuing the hearing, based on the balance of:

A. The right of Respondent to a reasonable opportunity to prepare and present a de- fense, and

B. The Board's responsibility to protect the public health, safety and welfare.

3. Where the counsel for Respondent has a scheduling conflict on the initial hearing date, continuances will be liberally granted. However, Respondent's Counsel must submit

written proof of the scheduling conflict. Thereafter, no further continuances will be granted based solely on scheduling conflicts.

4. So that counsel for the Respondent and Prosecutorial Counsel shall be able to adequately prepare for hearing, any motion for a continuance filed within the time limitations specified at Subsection 1 above will be immediately considered by the Board's President, who shall have the authority to grant or deny said motion. If granted, the order will be presented to the Board at the scheduled hearing date at which time the order will be formally entered and the rescheduled hearing date set.

5. It is the responsibility of the Respondent to make a prompt decision as to whether to appear before the Board pro se (without counsel) or retain counsel for this purpose. Unless due to extraordinary circumstances, the Board will not consider as a valid ground for continuance, the Respondent's last minute decision to retain counsel.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.10 INFORMAL SETTLEMENT, PRE-HEARING STIPULATIONS, CON- SENT ORDERS

1. All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of three means:

A. disciplinary hearings before the full Board,

B. acceptance by the Board of a mutually agreeable Consent Order in lieu of hearing, or

C. dismissal of the case.

2. As to disciplinary proceedings duly noticed and docketed for hearing, counsel for Re- spondent and Prosecutorial Counsel may agree, or the Board's President may require, that an Informal Settlement Conference be held for the purpose of possible resolution, simplifying the issues for hearing or promoting stipulations as to facts and proposed evidentiary offerings which will not be disputed at hearing.

3. The Informal Settlement Conference shall be conducted by Respondent and/or his counsel and the Board's Prosecutorial Counsel. Other parties who may attend include the investigating officer, investigating Board member, Board's Executive Director, or any other party who may contribute to the conference. Other than the designated investigative Board member, Board members shall not participate in the Informal Settlement Conference.

4. Discovery or exchange of information may be accomplished during the Informal Settle- ment Conference.

5. The Informal Settlement Conference may result in:

A. Dismissal of the case,

B. Return of the case for further investigation,

C. Preparation of a proposed Consent Order as a resolution of the matter, or

D. Proceed with the scheduled hearing.

6. Any action which the Board may take following a full disciplinary hearing may be taken in lieu thereof by Consent Order, duly executed by the Respondent. Because of the lengthy dockets before the Board, Informal Settlement Conferences must be held in sufficient time to allow consummation of negotiations of a Consent Order at least five (5) working days prior to the scheduled hearing date. After the terms of a Consent Order have been prepared, the Board's President shall have the authority to accept, reject or modify the terms of a Consent Order. The Board's President, in his discretion, may delegate the aforementioned authority to another member of the Board. When a mutually acceptable Consent Order has been accepted by the Board's President or other Board member, it shall be binding on the Board, but not effective until full Board approval. Notwithstanding, it is still the responsibility of the Respondent to personally appear before the Board on the scheduled hearing date to answer any questions which the Board may have prior to full Board approval.

7. If the parties to the Informal Settlement Conference are unable to reach a mutually agreeable Consent Order and the matter is to proceed to a full Board hearing, the parties shall agree in writing by stipulation, to the following:

A. any undisputed claims, facts, testimony, documents or issues,

B. evidence to be introduced without objection, and

C. an estimate of the time required for the hearing.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.11 FORMAL HEARING

At a disciplinary hearing, opportunity shall be given to the Board's Prosecutorial Counsel and Respondent to present evidence on all issues of fact and argument on all issues of law and policy involved, to call, examine, and cross-examine witnesses, and to offer and introduce

documentary evidence and exhibits as may be required for full and true disclosure of the facts and disposition of the matter.

1. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Board.

2. During the disciplinary hearing, the Board's President, acting as the presiding officer, or his designee, shall rule on all evidentiary questions, but in his discretion may consult with the entire panel in executive session. At such hearing, the Board may be assisted by the Mississippi Attorney General, or his designee, who shall not have been involved in any way with the case otherwise. The Board's presiding officer may delegate ruling on procedural and evidentiary issues to the Attorney General or his designee.

3. In all disciplinary hearings before the Board, the record of the case shall include:

A. the summons and allegations issued,

B. the Respondent's answer to the summons and allegations,

C. all pleadings, motions, and rulings issued,

D. evidence received or considered at the hearing,

E. offers of proof, objections, and rulings thereon,

F. the Board's order or other disposition made by the Board.

4. Disciplinary hearings before the Board shall be conducted in the following order:

A. Opening statements,

B. Prosecutorial Counsel's case in chief,

C. Respondent's case in chief,

D. Prosecutorial Counsel's rebuttal,

E. Closing statements.

5. Questioning of witnesses shall be conducted in the following order:

A. Direct examination,

B. Cross-examination,

C. Redirect examination.

6. Upon conclusion of the hearing, the Board shall conduct its deliberations in Executive Session, outside the presence of the parties. The Board shall then render its determination and order, setting forth Findings of Fact, Conclusions of Law and Order. Although the Board's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written determination and order. A copy of such determination and order shall be sent by registered mail, or served personally upon the Respondent. The decision of the Board revoking, suspending or otherwise disciplining Respondent shall become final thirty (30) days after so mailed or served unless within said period the Respondent appeals the decision to the Chancery Court. Such appeal to the Chancery Court must be made within thirty (30) days after notice of the Board's action.

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.12 REINSTATEMENT OF LICENSE

The procedural requirements enumerated above shall also apply to petitions duly filed with the Board seeking reinstatement of a license pursuant to Section 73-9-65, Miss. Code (1972).

History

• Source: Miss. Code Ann. § 73-9-19.

30 Miss. Admin. Code Pt. 2302, R. 1.13 EFFECTIVE DATE OF REGULATIONS

1. The above procedural rules and regulations shall become effective June 11, 1996.

2. The above Rules of Procedure are adopted by the Board to implement its authority to investigate alleged violations of the Mississippi Dental Practice Act, conduct hearings on disciplinary matters, and consider petitions for termination of probationary and suspended licenses and restoration of revoked licenses.

3. The above Rules of Procedure shall not be interpreted to alter or amend that which is otherwise provided by Mississippi statutory law.

History: Rules of Procedure adopted by the Mississippi State Board of Dental Examiners June 11, 1996; amended November 3, 2000.

MISSISSIPPI STATE BOARD OF EXAMINERS FOR LICENSED PROFESSIONAL COUNSELORS MISSISSIPPI STATE BOARD OF EXAMINERS FOR LICENSED PROFESSIONAL COUNSELORS

Part 2201 Rules and Regulations for Board of Examiners for Licensed Professional Counselors

30 Miss. Admin. Code Pt. 2201 Rules and Regulations for Board of Examiners for Licensed Professional Counselors

Rules and Regulations

Mississippi State Board of Examiners for Licensed Professional Counselors

TABLE OF CONTENTS

CHAPTER 1: General Provisions Rule 1.1 Statutory Authority 3 Rule 1.2 Non-Discrimination 3 Rule 1.3 Purpose 3 Rule 1.4 Definitions 4

CHAPTER 2: Fees Rule 2.1 Fee Schedule 7 Rule 2.2 General Provisions 8 Rule 2.3 Reapplication and Lapsed License Fee and Process 8

CHAPTER 3: Organization Rule 3.1 Mississippi Board of Examiners for Licensed Professional Counselors 9 Rule 3.2 Board Operations 12 Rule 3.3 Open Meetings Law and Open Records Policy 13 Rule 3.4 Oral Proceedings on Proposed Rules 14 Rule 3.5 Declaratory Opinions 16

CHAPTER 4: Licensure Requirements Rule 4.1 General Requirements 19 Rule 4.2 Requirements to Become a Provisional-Licensed Professional Counselor (P-LPC) 22 Rule 4.3 Requirements to Become a Licensed Professional Counselor (LPC) 26 Rule 4.4 Mississippi Qualified Supervisor Requirements 29 Rule 4.5 Supervision Criteria 30 Rule 4.6 Agreement of Reciprocity 31 Rule 4.7 Licensure by Comity 31

CHAPTER 5: Denial of Licensure Rule 5.1 Denial of Licensure 32 Rule 5.2 Administrative Appeal 33 Rule 5.3 Reapplication/Reinstatement 33 Rule 5.4 Licensure Categories 34

CHAPTER 6: License Renewal and Duplicate/Replacement Wall Certificates Rule 6.1 Renewal 35 Rule 6.2 Continuing Education Requirements 37 Rule 6.3 Replacement Wall Certificate/Renewal Card 40

CHAPTER 7: Professional Responsibilities Rule 7.1 Standards of Practice 41 Rule 7.2 Exemption from Licensure 42 Rule 7.3 Representation as “Licensed Professional Counselor” or a “Provisional Licensed Professional Counselor” by an Unlicensed Person 43 Rule 7.4 Injunction to Prohibition of Unlicensed Practice of the Profession of Counseling 43 Rule 7.5: Practice of Distance Professional Services 43

CHAPTER 8: Complaints, Disciplinary Hearings, Sanctions, & Disciplinary Appeal Rule 8.1 Grounds for Disciplinary Action 43 Rule 8.2 Complaint Procedures 44 Rule 8.3 Sanctions 47 Rule 8.4 Disciplinary Appeal 48 Rule 8.5 Reinstatement Following Disciplinary Action 48

CHAPTER 9: Contact Information Rule 9.1 Contact Information 48

Mississippi Code of 1972, Annotated (LPC Law) 1-10 Revised April 2015

MISSISSIPPI CODE OF 1972

Rules and Regulations

Mississippi State Board of Examiners for Licensed Professional Counselors

Title 30: Professions and Occupations

Part 2201: Licensed Professional Counselors, Board of Examiners of

Part 2201. CHAPTER 1. General Provisions

Rule 1.1: Statutory Authority

The State Legislature granted Statutory Authority for the licensing of Professional Counselors in 1985. Section 73-30-1 et seq., of the Mississippi Code of 1972, Annotated provides for the regulation of the practice of counseling as well as the use of the titles of “Provisional Licensed Professional Counselor” and “Licensed Professional Counselor” for those who offer counseling services to the public for fees.

Source: Miss Code Ann. § 73-30-1 (Rev. 2018)

Rule 1.2: Non-discrimination.

The Mississippi State Board of Examiners for Licensed Professional Counselors does not discriminate against any Applicant, Candidate, or Licensee because of race, color, creed, gender, sexual orientation, religion, national origin, age, physical handicap, disability, or political affiliation.

Source: Miss Code Ann. § 73-30-9 (Rev. 2018)

Rule 1.3: Purpose.

The purpose of these rules shall be to provide interpretation and application guidelines regarding state law as indicated in Chapter 1, Section 1 above and to communicate established procedures and requirements for the following:

A. The establishment of a State Board of Examiners for Licensed Professional Counselors;

B. The selection of Board members;

C. The establishment of rules and procedures for Board meetings;

D. Standards and qualifications requisite in the issuance of professional licensure;

E. Evaluation of qualifications of individuals applying for professional licensure;

F. Issuance and renewal of professional licensure to qualified persons;

G. Setting fees necessary for administration of the licensure program; and

H. Establishing criteria for disciplinary actions against Licensees.

Source: Miss Code Ann. § 73-30-5 & 73-30-7 (6) (Rev. 2018)

Rule 1.4: Definitions.

Rule 1.4: Definitions.

Note: The terms counseling and psychotherapy are used interchangeably throughout this document.

A. Applicant: An individual who has submitted an application packet for licensure as a Provisional Licensed Professional Counselor or a Licensed Professional Counselor.

B. Approved Educational Institution: An institution offering a graduate degree which is accredited by a regional or national accrediting body approved by the Board.

C. Active Status: An individual Licensee who is in good standing, including timely submission of all fees, changes of information, etc., and without sanctions.

D. Board: The Mississippi State Board of Examiners for Licensed Professional Counselors.

E. Board Qualified Supervisor (LPC-S): A Mississippi LPC who has completed the Board requirements and been approved to provide supervision as Clinical Supervisor to an Applicant. An LPC-S is one who monitors the performance of an applicant by providing documented one-to-one and/or group face-to-face consultation, supervision, guidance, and instruction with respect to the clinical skills and competencies of the supervised individual. A Board qualified supervisor is required to be trained in counseling supervision, have the required experience, and have been approved by the Board as a Board qualified supervisor and identified by the LPC-S designation. (as referenced in Rule 4.4(A))

F. Candidate: A person who has satisfactorily completed all educational and experience requirements for independent practice as an LPC and has been deemed eligible by the Board to sit for the Board required examination.

G. Clock Hours: Fifty-sixty minutes in a continuing education activity.

H. Clinical Setting: A setting in which professional counseling/psychotherapy is offered.

I. Competency Area: An area in which a person possesses training, experience, knowledge, skills, and the ability to apply them in the clinical setting.

J. Complainant: A person who has filed an allegation with the Board against a Licensee.

K. Continuing Education Hours (CEH): Term representing the clock hours of continuing education and how a Licensee may describe continuing education experience.

L. Counseling/Psychotherapy Procedures: Counseling/Psychotherapy is the application of mental health, psychological, or human development principles, through cognitive, affective, behavioral, or systemic intervention strategies that address wellness, personal growth, or career development, as well as pathology. Counseling/Psychotherapy involves diagnosis, assessment, and treatment by the use of counseling/psychotherapy methods and techniques, both verbal and nonverbal, which require the application of principles, methods, or procedures of understanding, predicting and/or influencing behavior and motivation; the use of informational and community resources for personal or social development; the use of group and/or placement methods and techniques which serve to further the goals of counseling/psychotherapy; designing, conducting and interpreting research on human subjects and on any consultation on any item above; and appraisal techniques including, but not limited to, testing of achievement, abilities, interests, aptitudes and personality.

M. Declaration of Practice: A statement presented to the Board by a P-LPC as an example of an informed consent which indicates the qualifications of the P-LPC, the counseling process, expectations, supervision, and notes the competence of the P-LPC in providing services. This statement is provided to the Board. A P-LPC must provide an updated Declaration of Practice statement each time site or supervisor changes and for each renewal of P-LPC.

N. Direct Service: The term is used in these standards to refer to time spent in work directly related to clients. Direct Services are only face-to-face counseling including individual counseling, couples/family counseling, group counseling, and testing and assessment.

O. Distance Professional Services: Counseling, consulting, and clinical supervision services provided by an LPC (as referenced in Rule 7.5) in one location to a recipient of services in another location by means of secure electronic communication ensuring HIPAA compliance in either asynchronous or face-to-face synchronous methods and, as appropriate, verbal telephone communications.

P. Fees for Licensed Counseling Services: Any form of compensation received for the practice of counseling.

Q. Group Supervision: The process of clinical supervision of more than one person but no more than six (6) persons in a group setting provided by an LPC-S.

R. Individual Supervision: “Face-to-face” supervision of the individuals involved in the supervisory relationship during one-to-one supervision.

S. Lapsed Status: A Licensee who fails to renew license in a timely manner. Lapsed individuals are not licensed to practice.

T. Licensed Professional Counselor (LPC): An individual who has completed the Board requirements and been approved as an LPC. This designation shall mean and is restricted to any person who presents himself/herself to the public by any title or description of services incorporating the words licensed professional counselor or psychotherapist and who offers to render professional counseling or psychotherapy services to individuals, groups, or organizations, corporations, institutions, government agencies or the general public for a fee, monetary or otherwise, implying that he/she is licensed in Mississippi.

U. Licensee: A Counselor who holds a current license from the Mississippi State Board of Examiners for Licensed Professional Counselors.

V. Mandatory Audit: Ten percent of Licensees will be randomly selected for an audit of their reported continuing education activities at the time of license renewal.

W. Non-Practicing Status: Non-Practicing Status allows licensees to renew their license without completing continuing education. Non-practicing status does not allow for individuals to promote himself/herself as a Licensed Professional Counselor, Practice Counseling/Psychotherapy, provide Group or Individual Supervision, provide Distance Professional Services, or bill for Counseling/Psychotherapy.

X. Probation Status: Probation Status, as a result of disciplinary action, may result in a stay of suspension during which conditions stipulated by the Board must be satisfied. Failure to meet any of these conditions may result in suspension, restriction, or revocation.

Y. Practice of Counseling/Psychotherapy: Rendering, offering to render, or supervising those who render to individuals, groups, organizations, corporations, institutions, government agencies, or the general public any service involving the application of counseling procedures and other related areas of behavioral sciences to help in learning how to solve problems or make decisions related to personal growth, marriage, family, or other interpersonal or intrapersonal concerns.

Z. Provisional Licensed Professional Counselor (P-LPC): An individual who has completed the Board requirements and been approved as a P-LPC. This designation shall mean and is restricted to any person who holds himself or herself out to the public by any title or description of services incorporating the words provisional licensed professional counselor or psychotherapist, and who offers to render professional counseling or psychotherapy services, under the supervision of a Board qualified supervisor (LPC-S), to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee, monetary or otherwise, implying that he or she is licensed.

AA. Restriction Status: Restriction Status, as a result of disciplinary action, is a limitation placed on the scope of a Licensee’s practice.

BB. Revocation: The withdrawal of the privilege to practice as a Licensee in the State of Mississippi.

CC. Retired Status: An LPC, who, of his/her own volition, chooses to cease practice. This

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category is not related to any disciplinary action, which would be the cause of ceasing to practice. An LPC’s request for retired status is subject to Board approval (as referenced in Rule 5.4.D.). A Licensee in Retired Status cannot practice as an LPC in Mississippi.

DD. Revoked Status: Revoked Status is the result of disciplinary action by the Board, where the Licensee’s privilege to practice in the state of Mississippi has been withdrawn.

EE. Supervision: The ongoing process performed by an LPC-S in assisting the counselor in developing expertise in methods of the professional mental health counseling practice, in developing self-appraisal, and professional development strategies.

FF. Surrendered Status (Disciplinary Action): A Licensee, as a result of disciplinary action, may request Surrendered Status by returning license to the Board and shall not be allowed to practice in the state of Mississippi. The Licensee’s request for Surrendered Status is subject to the approval of the Board.

GG Surrendered Status (Voluntarily): A Licensee who wishes to voluntarily surrender his/her license for personal reasons by returning license to the Board and shall not be allowed to practice in the state of Mississippi.

HH. Suspension Status: Suspension Status, as a result of disciplinary action, is the withdrawal of the privilege to practice for a specified period of time.

II. Total Hours: Sum total of direct service hours, indirect service hours, and individual and group supervision hours.

Source: Miss Code Ann. § 73-30-3 & 73-30-7 (6) (Rev. 2018)

Part 2201. CHAPTER 2. Fees

Rule 2.1: Fee Schedule

A. Application for Provisional Licensure Fee

$50.00 B. Annual Renewal Fee for Provisional Licensure

$50.00 C. Application for Full Licensure Fee

$100.00 D. Initial and Biennial License Renewal Fee (subject to change-reflected in renewal notice)

$220.00 E. Application for Board

$50.00

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qualified supervisor (LPC-S) Fee F. Biennial Board qualified supervisor (LPC-S) Renewal Fee

$50.00 G. File Transfer Fee (copy & mail)

$40.00 H. Replacement Wall Certificate/Renewal Card

$30.00 I. Name Change Fee

$30.00 J. Per Page Copying Fee

$1.00 K. Reapplication Fee

$100.00 L. Failure to Notify of Change of Address Fee

$50.00 M. License Verification Fee

$25.00

N. Non-practicing licensing fee

$50.00

Source: Miss Code Ann. § 73-30-9 (Rev. 2018) Source: Miss Code Ann. § 97-19-55, 97-19-57, and 25-61-7

Rule 2.2: General Provisions

A. All fees are nonrefundable.

B. Fees shall be paid in full by check or money order made payable to the Mississippi State Board of Examiners for Licensed Professional Counselors.

C. No application for initial licensure shall be considered complete unless accompanied by the required fees.

D. Periodically, this document, the Rules, Regulations and Application Guidelines for Mississippi State Board of Examiners for Licensed Professional Counselors, is updated and/or revised. The Applicant/Candidate/Licensee must comply with the most current version of this document, and it is the Applicant’s responsibility to ensure that he/she has the most current version of application documents accepted by the Board. Additionally, the Applicant/Candidate/Licensee is responsible for all provisions listed in the most current Rules, Regulations, and Applications Guidelines.

E. The Board is responsible for the final interpretation of all provisions contained within this document, and this interpretation will be considered binding on Applicants/Candidates/ Licensees.

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Source: Miss Code Ann. § 73-30-7 (Rev. 2018)

Rule 2.3: Reapplication and Lapsed License Fee and Process

A. The Reapplication Fee is charged when a Licensee allows license to lapse and seeks to return to Active Status. This Reapplication Fee is a mandatory fee. In addition, the Licensee will be required to pay the current year renewal fee. During the reapplication period of time, the Licensee status will be changed to Lapsed Status which will not allow the Counselor to practice in the state of Mississippi.

B. Lapsed Status means the Licensee will not be able to practice until such time the individual completes the reapplication process and the license is transitioned back to Active Status by the Board. During the reapplication process, the Licensee will be required to pay a Reapplication Fee and the current renewal fee to reactivate license.

C. Any Applicant who has not completed the application process within 365 days from the date the application was received by the office of the Mississippi State Board of Examiners for LPC must pay a Reapplication Fee to continue the application process in order to reactivate file for an additional one (1) year. If an applicant does not complete the application process within the additional year, the application will become void.

D. A Candidate who has not passed the Board approved exam within 365 days of the distinction of Candidate Status must send a written request to be eligible to take the Board approved examination again and must pay a reapplication fee to the Board office in order to continue in the licensure process. The request and fee must be received prior to the end of the 365 days or the application will become void.

E. A Candidate who has failed a Board approved examination two times may submit a written request for a subsequent attempt. The request must include an explanation of what steps that the Candidate has taken in an effort to improve his/her performance. The Candidate might take additional coursework or a credible examination/preparatory course. The Candidate’s explanation will be used by the Board to determine if the Candidate should be eligible for any additional attempt to pass a Board approved examination.

F. A license renewal is considered lapsed due to a check returned to the Board due to non- sufficient funds or refusal of credit card or e-check.

Source: Miss Code Ann. § 73-30-7 (Rev. 2018)

Part 2201. CHAPTER 3. Organization

Rule 3.1: Mississippi State Board of Examiners for Licensed Professional Counselors

A. Board Responsibilities

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1. The Board exists to regulate the profession of counseling, as well as the use of the titles “Provisional Licensed Professional Counselor” and “Licensed Professional Counselor,” in Mississippi.

2. The Board has authority to ensure that no one practices counseling in the State of Mississippi who is not either licensed by this Board or exempt from licensure by statute. In the event the Board becomes aware of any person representing oneself by the titles “Provisional Licensed Professional Counselor” or “Licensed Professional Counselor” or who offers services to the public for a fee, monetary or otherwise, the Board shall proceed in accordance with Miss. Code Ann. §§ 73-30-1, et. seq., including but not limited to § 73-30-19.

3. The Board accepts applications to determine eligibility for independent licensure and to determine candidacy to sit for Board approved examination. The Board further issues license to those found to meet full requirements, ensures complete and appropriate renewal process, and conducts audits of Licensees.

4. The Board investigates complaints against Licensees, determines the merit of complaints, and provides appropriate disciplinary action to Licensees.

5. The Board makes reasonable rules and regulations regarding its operation.

6. The Board receives and disburses revenues derived from fees.

7. The Board is responsible for the final interpretation of all provisions contained within this document, and this interpretation will be considered binding on all Applicants/Candidates/Licensees.

B. Composition and Appointment

1. The Board shall be comprised of five (5) members, one (1) member from each of the four (4) congressional districts of Mississippi and a member at large, appointed by the Governor with the advice and consent of the State Senate.

2. A nomination list for appointment to the Board is provided to the Governor by the Mississippi Counseling Association (MCA) for each vacancy. The nomination list must include at least two (2) names from each congressional district in which a vacancy exists with attention needed to balance the membership of the Board as stated in Rule 3.B(5).

3. Nominees to the Board must be Licensed Professional Counselors in good standing and qualified electors of the State of Mississippi.

4. The Governor must fill appointments within sixty (60) days after the vacancy occurs.

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5. The Board will consist of three (3) Licensees who are primarily engaged in private or institutional practice in counseling and two (2) Licensees who are primarily engaged in teaching, training, or research in counseling at the corporate or university level.

6. At the time of appointment, no more than one (1) person employed by or receiving compensation from any one (1) institution, organization, or partnership will be appointed to the Board.

7. Initial Board appointments will be for staggered terms. After the initial appointments, all terms shall be for five (5) years.

8. No Board member shall succeed himself or herself for an additional five-year term without waiting a period of five (5) years after having served one full five-year term. A member may hold office until a successor has been appointed and qualified or a maximum of twelve (12) months after term ends.

9. Board members will be reimbursed for necessary and ordinary expenses and mileage incurred while performing their duties as members of the Board at the rate authorized for public employees.

C. Oath, Officer Elections and Exemption from Civil Liability

1. Board members will take an oath, administered by a person qualified by law to administer oaths, to faithfully perform the duties of their office.

2. Board members are expected to attend all regularly scheduled Board meetings.

3. Board members will be LPCs in good standing upon taking the oath as Board members.

4. A Chair, Vice-Chair, and Secretary/Treasurer shall be chosen by the Board from among its members in January of the odd numbered years. If a vacancy occurs prior to the next regularly scheduled election, the Board shall call for a special election to fill the vacated position until the next regularly scheduled election.

5. The term for elected officers shall be for two (2) years.

6. A Board member shall not vote on any applicant previously supervised by that member.

7. Board members are individually exempt from any civil liability as a result of any action taken by the Board.

8. The Board may recommend to the appointing authority removal of any member of the Board or the Chair from his/her position on the Board for:

a. Malfeasance in office;

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b. Conviction of a felony or a crime of moral turpitude while in office; and

c. Failure to attend three (3) consecutive regular Board meetings within a fiscal year. No Board member may be removed from his/her position until after a public hearing of the charges against him/her. At least thirty (30) days prior written notice must be given to the Board member detailing those charges indicating the date fixed for the hearing.

9. All Board members shall sign an LPC Board Conflict of Interest policy.

Source: Miss Code Ann. § 73-30-5 (Rev. 2018)

Rule 3.2: Board Operations

A. The Board shall adopt rules and regulations in compliance with the Mississippi Administrative Procedures Law.

B. The Board will hold at least two (2) regular meetings each year.

C. Additional meetings may be called by the Chair of the Board or at the written request of a quorum of the Board.

D. Meeting dates, times, and locations are published on the LPC website and Department of Finance & Administration’s Public Meeting Notice website.

E. An organizational meeting shall be held in January of odd numbered years for the purpose of electing officers.

F. All meetings of the Board are open to the public, and citizens are encouraged to attend meetings. Notification of Board meetings is posted in the building where the meeting is to be held.

G. Information regarding the Board’s activities, submissions to the Board, and requests of the Board should be made in writing to the Board.

H. Individuals who wish to be included on the Board’s agenda must submit a written request to the Board. The Board must receive this request at least ten (10) working days prior to the regularly scheduled Board meeting.

I. The Board will review only complete applications for licensure.

J. The Board may, after notice and opportunity for a hearing, restrict, suspend, revoke, or refuse to issue or renew a license or may reprimand a Licensee for the following reasons, including, but not limited to:

1. Failure to meet all requirements for licensure;

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2. Engaging in the conduct of professional counseling in a grossly negligent or incompetent manner;

3. Conviction of a felony;

4. Obtaining a license or certification by fraud, deceit or other misrepresentation;

5. Assisting another in falsely obtaining a license or certification;

6. Swearing falsely under oath or affirmation;

7. Violation of the American Counseling Association Code of Ethics and Standards of Practice adopted by the Board (as referenced in Rule 7.1.);

8. Violation of Board rules and regulations;

9. Declaration of mental incompetence by the court; or

10. Intentional violation of any provisions of 73-30-1 et.seq. of the Mississippi Code of 1972, Annotated (LPC law).

K. The Board shall enter into a formal contract for an accountant/CPA that specifies the scope of duties, compensation, term, and relevant issues. The accountant/CPA shall provide monthly financial reports to the Executive Director and the Board. The most recent monthly financial report shall be introduced at the Board meetings and an annual audit shall be made available at the end of the fiscal year.

Source: Miss Code Ann. § 73-30-7 (Rev. 2018)

Rule 3.3: Open Meetings Law and Open Records Policy

The Mississippi Board of Examiners for Licensed Professional Counselors shall adhere to the Open Meeting Law, Section 25-41-3, Miss. Code Ann. (1972) as amended. The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Records Act of 1983 (Open Records Act) [Section 25-61-1, et. seq.]

It is not intended that these procedures shall apply to any public record or other document which is exempt from the provisions of said Act or not covered by the provisions of the Open Records Act.

Any individual seeking to inspect, copy, or mechanically reproduce or obtain a reproduction of any public record of the Board should make a written request signed by the individual to be mailed to the Executive Director of the Board. The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The

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request should include if possible a description of the type of record, title of publication, and other information, which may aid in the locating of the record.

The written request must specify the purpose for obtaining the record that the individual requesting the record proposes to do with the record, i.e. inspect, copy, etc; state the date and time for the proposed activity; state the number of persons scheduled to participate and shall provide the name, address, and home and office telephone number of the applicant. The Executive Director, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or deny access to or production of the records sought within seven (7) working days of the receipt of the request.

All inspection, copying, or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Executive Director by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted. Where possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.

If the Executive Director determines that the records requested are exempt or privileged under the law, she shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. The Executive Director is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping, and/or duplicating records and to require payment in advance of such estimated charges prior to complying with request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event that actual cost of such activity exceeds the estimate, the Executive Director is authorized to withhold mailing or delivery of said documents or to delay inspection until the difference is paid.

There shall be no charge for inspection of the current Board records maintained at the Board office. Cost of obtaining records from state storage facilities and the search for it shall be charged to the applicant.

The Executive Director may waive any or all of the foregoing requirements related to written notice, time and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest. Information regarding the Board’s activities, submissions to the Board, and requests of the Board should be made in writing to the Board. Individuals who wish to be included on the Board’s agenda must submit a written request to the Board. The Board must receive this request at least ten (10) working days prior to the regularly scheduled Board meeting.

Source: Miss Code Ann. § 73-30-7 (6) (Rev. 2018)

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Rule 3.4: Oral Proceedings on Proposed Rules

A. Scope. This rule applies to all oral proceedings held for the purposes of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to §25-43-3.104.

B. When Oral Proceedings will be scheduled on Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency, or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

C. Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

D. Notification of Oral Proceeding. The date, time, and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

E. Presiding Officer. The Chairperson or his/her designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

F. Public Presentations and Participation.

1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed rule.

2. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his/her discretion may allow individuals to participate that have not previously contacted the Board.

3. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

4. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be

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provided for persons whose presentations represent the views of other individuals as well as their own views.

5. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

6. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his/her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires.

G. Conduct of Oral Proceeding

1. Presiding officer. The presiding officer shall have authority to conduct the proceeding in his/her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (iii) call on those individuals who have contacted the Board about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participants’ comments; (v) adjourn the proceeding.

2. Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

3. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure.

4. Recording. The Board may record oral proceedings by stenographic or electronic means.

Source: Miss Code Ann. § 25-43-2.105 (Rev. 2006)

Rule 3.5: Declaratory Opinions

A. Scope. These rules set forth by the Mississippi State Board of Examiners for Licensed Professional Counselors, hereinafter “Board,” rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests, as required by Mississippi Code §25-43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

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B. Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group, or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue.

C. Subjects Which May be Addressed in Declaratory Opinions. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule, which is outside the primary jurisdiction of the agency.

D. Circumstances in which Declaratory Opinions Will Not Be Issued. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

1. lack of clarity concerning the question presented;

2. there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

3. the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

4. the facts presented in the request are not sufficient to answer the question presented;

5. the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

6. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

7. no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

8. the question presented by the request concerns the legal validity of a statute or rule;

9. the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

10. no clear answer is determinable;

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11. the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

12. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

13. the question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion;

14. a similar request is pending before this Board or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

15. where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; and

16. the question involves eligibility for a license, permit, certificate, or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined.

E. Form of the Request for a Declaratory Opinion. Written Request Required. Each request must be printed, typewritten, or in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

F. Where to Send Requests. All requests must be mailed or delivered to:

The Mississippi State Board of Examiners for Licensed Professional Counselors 239 North Lamar Street Suite 402 Jackson, MS 39201 ATTN: DECLARATORY OPINION REQUEST

The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests, or email requests will be accepted for official opinions. Name, Address, and Signature of Requestor must be included.

G. Time for Board’s Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion, which complies with the requirements of these rules, the Board shall, in writing:

1. issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

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2. decline to issue a declaratory opinion, stating the reasons for its action; or

3. agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request. The forty-five (45) day period shall begin running on the first state of Mississippi business day on or after the request is received by the Board, whichever is sooner.

H. Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

I. Notice by Board to Third Parties. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies, or other entities other than the requestor.

J. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

K. Effect of a Declaratory Opinion. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

Source: Miss Code Ann. § 25-43-2.105 (Rev. 2006)

Part 2201. CHAPTER 4. Licensure Requirements

Rule 4.1: General Requirements

A. No person shall practice as either a Provisional-Licensed Professional Counselor or Licensed Professional Counselor in the State of Mississippi except as provided by state statute and these regulations.

B. An Applicant must be at least twenty-one (21) years of age.

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C. The Applicant is either a citizen of the United States or has an immigration document to verify legal alien work status in the United States. The immigration document must be current and issued by the United States Immigration Bureau.

D. An Applicant must be of good moral character. The Board may request endorsements attesting to the Applicant’s character, professional integrity, and professional competence.

E. Applicants must pass a Board approved examination to be eligible for licensure.

F. Applicants must meet all education and experience requirements.

G. An Applicant may not be in violation of any of the provisions of Section 73-30-1 et seq., of the Mississippi Code of 1972, Annotated or any of the rules and regulations adopted by the Board.

H. The Applicant must complete the entire application process for the specific licensure requested.

a. The application process for licensure must be completed within 365 days of the Board’s receipt of the individual’s application packet. “Completed” with respect to this provision means either Board approved for candidacy or Board approved for licensure (as appropriate). As stipulated in Rule 2.3(C), an individual who has not completed the application process within the 365 days’ time frame must pay a Reapplication Fee in order to reactivate application to continue the application process. Incomplete applications will be kept on file for two (2) years, after which time they will be destroyed.

b. It is recommended that the Applicant read all application materials and all of the Rules and Regulations before beginning the application process, as the required Application Fee is nonrefundable. Periodically, this document, the Rules, Regulations and Application for the Mississippi State Board of Examiners for Licensed Professional Counselors, is updated and/or revised. The Applicant/Candidate/Licensee must comply with the most current version of this document, and it is the responsibility of the Applicant to ensure that he/she has the most current version of application documents accepted by the LPC Board. Additionally, the Applicant/Candidate/Licensee is responsible for all provisions listed in the most current Rules and Regulations and Application Guidelines. The Rules and Regulations may be downloaded from the Board’s website at www.lpc.ms.gov.

c. The Board must receive a complete application packet before the established application deadline for the Applicant to be considered for licensure or candidacy at any Board meeting.

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I. A photo that meets passport requirements shall be uploaded with the application for any licensure. The photo must not be more than 6 (six) months old. Specific photo size specifications can be located on the Board’s website at lpc.ms.gov.

J. Any Applicant who is or who has ever been licensed in another state or country must have the state/country officially certify the license directly with the Board office.

K. The Board shall require each first-time Applicant for licensure and every Licensee seeking renewal to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database every six (6) years. Each Applicant shall submit a full set of the Applicant's fingerprints in a form and manner prescribed by the Board, and each Applicant shall forward to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose.

1. For purposes of these background checks, “good moral character” shall be established by an absence of felony convictions or convictions for misdemeanors involving moral turpitude.

2. The background check shall conform to the applicable federal standards and shall include the taking of fingerprints.

3. The Applicant shall sign a release of information to the Board and shall be responsible for the payment of the fee associated with the criminal background check.

4. Upon completion of the background check, the Department of Public Safety shall forward to the Board all releasable information obtained concerning the Applicant or Licensee.

5. No person shall be eligible to receive or hold a license issued by the Board if that person has pled guilty or nolo contendre to or has been found guilty of any felony or misdemeanor involving moral turpitude.

6. Upon receipt of information from the Department of Public Safety that a person has pled guilty or nolo contendre to or found guilty of any felony or misdemeanor involving moral turpitude, the Board shall immediately deny licensure or refuse renewal of license.

7. The provisions of Rule 4.1(K)(5) and Rule 4.1(K)(6) above may be waived by the Board upon request of the affected Applicant for licensure or the person holding a license subject to revocation. The request shall be for a show cause hearing within ten (10) days, which shall be conducted pursuant to the process set out in the Regulations providing for the Board complaints process.

8. Circumstances for which a waiver may be granted shall include, but not be limited to, the following:

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a. The age at which the crime was committed;

b. The circumstances surrounding the crime;

c. The length of time since the crime;

d. Subsequent work history;

e. Employment references;

f. Character references; and

g. Other evidence demonstrating that the Applicant does not pose a threat to the health or safety of the public.

9. There will be no waiver opportunities for any conviction involving Child Abuse or Abuse of a Vulnerable Adult.

L. The Board will not review incomplete applications for licensure. Incomplete applications will be kept on file for two (2) years, after which time they will be destroyed.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 & 73-30-21 (Rev. 2018)

Rule 4.2: Requirements to Become a Provisional-Licensed Professional Counselor (P-LPC)

A. Examination Requirements: Passing scores for the National Counselor Examination (NCE) must be submitted as part of the online application for the P-LPC. Applicants may register and take the NCE directly through the National Board for Certified Counselors. Mississippi Board approval is not required. Individuals making initial application for provisional licensure must include in their application packet an official VERIFICATION OF EXAMINATION SCORES report for the National Counselor Examination from the National Board for Certified Counselors, Inc., or directly from another state’s appropriate licensing board, indicating a passing score.

B. Supervision Requirements:

1. An agreement and contract between the Applicant and an LPC-S and the Declaration of Practice must be submitted as part of the online application process.

2. The supervisor must be a Board qualified supervisor (LPC-S). The art of supervision is defined as assisting the counselor in developing expertise in methods of the professional mental health counseling practice and in developing self-appraisal and professional development strategies. Supervised hours for the LPC can only be accrued as a P-LPC under supervision of an LPC-S.

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3. In order to receive supervision by an LPC-S (Board qualified supervisor), a P-LPC may practice in a clinical setting at a site that is governed by either federal, state, county, or municipality. For other sites of practice, the P-LPC may practice under the supervision of an LPC-S as long as an LPC is available on the premises. In such case, the affiliation between the P-LPC and the on-site LPC must be documented on the Declaration of Practice statement and submitted to the Board. The P-LPC shall neither practice independently nor hold oneself out as a counselor in independent practice.

C. Education Requirements:

The following is a list of education requirements that all Applicants must meet in order to be licensed:

Either sixty (60) semester hours or ninety (90) quarter hours of graduate study. For degrees conferred after January 1, 2017, the Board will only accept sixty (60) semester hours or ninety (90) quarter-hour master’s degree programs. Those programs shall be either CACREP degree programs or degree programs with the word counseling in its title and meet the structure of CACREP as it specifically pertains to the twelve (12) courses specified, as part of sixty (60) semester hours or ninety (90) quarter hours that are required for completion of the degree or having earned a doctoral or educational specialist degree primarily in a counseling, guidance, or related field, which meets similar standards as specified above.

Please note that all references to hours of college credit are for semester hours. Quarter hours may be converted to semester hours using the standard formula (Number of quarter hours X .67 = Semester hour equivalent). Semester hours must total sixty (60) hours.

A graduate program related to counselor education is defined as one that contains course work in all of the following areas. Each Applicant must have completed a three (3) hour semester course or its equivalent in each of the following areas:

1. Human Growth and Development - Course work includes studies that provide a broad understanding of the nature and needs of individuals at all levels of development, normal and abnormal human behavior, personality theory, life-span theory, and learning theory within cultural contexts. Emphasis is placed on psychological approaches used to explain, predict, and modify human behavior.

2. Social and Cultural Foundations - Course work includes studies that provide a broad understanding of societal changes and trends in human roles, societal subgroups, social mores, interaction patterns, and multicultural and pluralistic trends in differing lifestyles, and major societal concerns including stress, person abuse, substance abuse, discrimination, and methods for alleviating these concerns.

3. Counseling and Psychotherapy Skills - Course work includes studies that provide a broad understanding of philosophic bases of helping processes, counseling theories and their applications, basic and advanced helping skills, consultation theories and

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their application, client and helper self-understanding and self-development, and facilitation of client or consultee change.

4. Group Counseling - Course work includes studies that provide a broad understanding of group development, dynamics, and counseling theories; group leadership styles; basic and advanced group counseling methods and skills; and other group approaches.

5. Lifestyle and Career Development - Course work includes studies that provide a broad understanding of career development theories; occupational and educational information sources and systems; career and leisure counseling guidance and education; lifestyle and career decision-making; career development program planning resources and effectiveness evaluation.

6. Testing and Appraisal - Course work includes studies that provide a broad understanding of group and individual educational and psychometric theories and approaches to appraisal, data, and information gathering methods, validity and reliability, psychometric statistics, factors, influencing appraisals, and use of appraisal results in helping process. Additionally, the specific ability to administer and interpret tests and inventories to assess interests and abilities and to identify career options is important.

7. Research and Evaluation - Course work includes studies that provide a broad understanding of different types of research, basic statistics, research-report development, research implementation, program evaluation needs assessment, publication of research information, and legal considerations.

8. Professional Orientation to Counseling or Ethics - Course work includes studies that provide a broad understanding of professional roles and functions of counselors, professional goals and objectives, professional counseling organizations and associations, professional history and trends, ethical and legal standards, professional standards, and professional credentialing.

9. Theories of Counseling Psychotherapy and Personality – Course work includes studies in basic theories, principles and techniques of counseling, and their application to professional counseling settings.

10. Marriage and/or Family Counseling/Therapy – Course work includes studies that provide a broad understanding of marriage and family theories and approaches to counseling with families and couples. This includes appraisal of family and couples systems and the application of these to counseling families and/or couples in pre- marriage, marriage and/or divorce situations.

11. Abnormal Psychology and Psychopathology – Course work includes studies that provide a broad understanding of individuals’ current mental/emotional states consistent with accepted classifications such as those provided in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV or

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DSM-5 or most recent edition), as published by the American Psychiatric Association; and the ICD—10-CM (or most recent edition of ICD) and the development of planned, diagnosed - relevant interventions, including the goals of counseling, methods of treatment, and means of monitoring progress.

12. Internship – Supervised, planned, practical, advanced experience obtained in a clinical setting observing and applying principles, methods, and techniques learned in training and/or educational settings.

D. Official Transcripts:

1. Official transcripts from an approved educational institution of all graduate work verifying educational qualifications must be submitted to the Board. Official transcripts shall be sealed in an envelope and signed across the envelope’s seal by the transcript clerk issuing the document to the Applicant.

2. Only graduate-level transcripts are required.

3. Unopened official transcripts shall be submitted in the application packet or submitted to the Board directly from the approved educational institution.

4. If the approved educational institution will not issue an official transcript to the Applicant, the approved educational institution may submit the official transcript directly to the Board. If transcripts are sent directly to the Board office from the school/university Registrar, the Applicant should request the Registrar to provide verification that the transcript has been sent and the Applicant should include this verification with application.

E. Submit a Declaration of Practice statement.

F. Once the P-LPC completes the experience requirements (as referenced in Rule 4.3) for the LPC, then he or she can apply to the Board for approval to take the NCMHCE.

G. Pay the nonrefundable Application Fee of $50.00 in the form of check, money order, or via the online process for payment. Checks and money orders should be made payable to the Mississippi Board of Examiners for Licensed Professional Counselors.

H. The P-LPC shall be renewable for not more than four (4) years. Licensees may appeal to the Board for an extension. Upon annual renewal, the P-LPC shall submit a yearly status update as verified by the LPC-S and an updated Declaration of Practice statement as verified by the LPC-S.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 (Rev. 2018)

Rule 4.3: Requirements to Become a Licensed Professional Counselor (LPC)

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A. Hold a Mississippi P-LPC. Out of state applicants must meet the minimum requirements of Mississippi P-LPC (Rule 4.2.B., C., and D.)

B. Supervision Requirements: An Applicant for independent practice licensure must document the following supervised experience requirements prior to applying for licensure. The supervisor must be a Mississippi Board qualified supervisor (LPC-S).

1. A total of three thousand (3,000) supervised hours in not less than eighteen (18) months of counseling in a clinical setting post master’s degree (as referenced in Rule 1.4) comprised of the following:

a. A maximum of forty (40) supervised hours may be obtained per workweek.

b. A maximum of twenty-five (25) hours of direct service may be obtained per 40- hour workweek.

c. A minimum of one thousand two hundred (1,200) supervised hours must be in Direct Services with clients and/or psychotherapy service to clients. Direct Services are only face-to-face or synchronous methods of counseling including individual counseling, couples/family counseling, group counseling, and testing and assessment.

d. A minimum of one hundred (100) hours of individual face-to-face or synchronous supervision are required. A minimum of two (2) hours of supervision is required each month.

e. Group supervision will be acceptable for not more than fifty (50) hours of the required one hundred (100) hours of individual supervision.

f. Individual supervision provided by multiple supervisors regarding the same direct client service hours at the same site during the same time frame will not be accepted.

2. Individual and Group Supervision provided by way of Distance Professional Services by an LPC-S is subject to the following criteria:

a. LPC-S must be qualified to provide Distance Professional Services according to Rule 7.5.

b. Distance supervision sessions must be provided by secure means of synchronous video conferencing only. Supervision by telephone, email, chat, or other forms of communication must be reserved to only emergency communications.

c. The Supervision Contract submitted to the Board must include information explaining the use and limits of distance supervision, specify the qualifications

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of the LPC-S to provide distance supervision, and establish procedures for managing the failure of the video communication system.

3. Supervised experience must be within the past seven (7) years of the application date.

4. Supervision Verification forms must be submitted through the Board’s online portal.

5. Supervision hours must be submitted via the Board’s online Supervision Reporting Log. Supervisees are responsible for keeping a backup copy of logs. Supervision content notes shall be kept by Supervisor.

6. Every LPC-S must submit an online evaluation of the P-LPC as part of the P- LPC’s Annual Renewal.

7. The P-LPC must remain under supervision until the Licensed Professional Counselor license is issued. Once application for an LPC is submitted to the Board, supervision must continue to be reported in the online Supervision Reporting Log at a minimum of one (1) hour of individual supervision per month.

C. Examination requirements:

The Applicant must pass either the National Counseling Exam (NCE) or the National Clinical Mental Health Counselor Examination (NCMHCE) published by the National Board for Certified Counselors (NBCC), Inc.

1. The NCE or NCMHCE may be taken at any time.

2. Individuals may take the NCE or NCMHCE without Board approval.

3. The examination will be administered by the NBCC. The applicant is responsible for all fees associated with the examination.

D. Out of state applicants must meet the requirements of MS P-LPC. The Board may accept out of state supervision hours which were supervised by an LPC-S or equivalent.

Rule 4.4: Mississippi Qualified Supervisor Requirements

A. A Board qualified supervisor (LPC-S) shall meet the following requirements:

1. Be an Active Status LPC in Mississippi.

2. The supervisor must have been practicing mental health counseling in his/her setting (i.e., school, agency, private practice) for at least five years. Two of the five years’ experience must be post-licensing experience.

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3. Have documentation/verification of Supervision training (Course work or minimum of 45-hour workshop). Supervisors must have successfully completed either options a or b or c below.

a. Graduate-Level Academic Training. At least one graduate-level academic course in counseling supervision. The course must have included at least 45 clock hours (equivalent to a three-credit hour semester course) of supervision training.

b. Professional Training. A Board approved professional training program in supervision. The training program must be a minimum of 45 clock hours with the trainers and meet presentation standards established by the Board (as Referenced in Rule 6.2).

c. Show completion of Approved Clinical Supervisor Credential from NBCC.

4. Have current resume/Vitae on file with the Board. Supervisor will submit to the Board a resume either in electronic or print form. It is the responsibility of the supervisor to keep the information current.

5. Submit a Philosophy of Supervision. The Supervisor will have own philosophy of supervision and the models used for supervision. The Board approved supervisor will be aware of the strengths and weaknesses of the philosophy and be able to discuss the model and demonstrate familiarity with the model.

6. Complete a minimum two (2) hours of supervision continuing education per renewal period. Renewal will occur simultaneously with LPC renewal. The Board qualified supervisor will continually be aware of the need to increase knowledge of supervision and how it relates to the counseling environment.

7. Have documented membership in a professional counseling organization.

8. Shall follow the most recent ACA (American Counseling Association) Code of Ethics.

9. Have no disciplinary sanctions against license.

10. Provide a background check, if requested.

11. Shall be approved by the Board.

12. Applications will be reviewed at any Board meeting.

13. At the beginning of a supervision relationship, supervisors/supervisees must submit to the Board a signed contract and agreement between each active supervisee and supervisor that states requirements of each party.

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B. A supervisor may not be a relative of the P-LPC. Relative of the P-LPC is defined as spouse, parent, child, sibling of the whole- or half-blood, grandparent, grandchild, aunt, uncle, one who is or has been related by marriage, or has any other dual relationship.

C. Limitations of Supervision Practice. No Qualified Supervisor may exceed a total of ten (10) active supervisees.

D. No person shall serve as a supervisor if his/her license is expired or subject to probation, suspension, or revocation.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 (Rev. 2018)

Rule 4.5: Supervision Criteria shall include, but is not limited to, the following:

A. Professional relationships

B. Supervision roles

C. Professional ethics

D. Self-evaluation

E. Continued professional learning

F. Etiology and diagnosis

G. Therapist-client relationships

H. Oral communication

I. Written communication

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 (Rev. 2018)

Rule 4.6: Agreement of Reciprocity

A. The Mississippi State Board of Examiners for Licensed Professional Counselors does not presently have an agreement of reciprocity with any other state.

B. An individual interested in providing counseling services in Mississippi must obtain licensure through the Mississippi State Board of Examiners for Licensed Professional Counselors’ application process.

C. Licensure criteria met by the Applicant in other states may be honored by the Mississippi State Board of Examiners for Licensed Professional Counselors if he/she substantially meets

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the requirements for licensure in the State of Mississippi. Each criterion will be evaluated on a case-by-case basis.

Source: Miss Code Ann. § 73-30-7 & 73-30-15 (Rev. 2018)

Rule 4.7: Licensure by Comity

Applicants for licensure by comity shall present:

A. Evidence of a valid license from another state is required for licensure by comity. The Applicant requesting licensure by comity must be in good standing with the State in which that person holds a current license as a Licensed Professional Counselor or its equivalent independent counseling license.

B. The Board may require an examination related specifically to the practice of Licensed Professional Counseling in Mississippi.

C. An Applicant for licensure by comity shall demonstrate that he/she currently holds an equivalent independent counseling practice license with at least five (5) years of professional work experience as a counselor since the date of his/her initial licensure, that licensure was maintained continuously during those five (5) years, and that no substantiated complaints or disciplinary action(s) have ever been taken against the Licensee. Applicants shall submit a Curriculum Vitae (C.V.) along with three (3) work references.

D. The Board reserves the right to accept an application for licensure by comity, to request additional information from the Applicant, or reject an application for cause as governed by Mississippi laws and/or rules.

E. The Applicant seeking licensure shall direct the State in which she/he is currently licensed and cause to have certified copies of the contents of his/her licensure file sent directly to the Board’s office at own expense.

F. The Board will inform other boards of any disciplinary action(s) taken against any Licensed Professional Counselor that is licensed by comity.

G. The Board will develop and maintain documentation of the individuals that are approved for licensure by comity and will make this information publicly available.

Source: Miss Code Ann. § 73-30-7 & 73-30-15 (Rev. 2018)

Part 2201. CHAPTER 5. Denial of Licensure

5.1 Denial of Licensure:

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The Board may deny application for licensure for the following reasons, including, but not limited to:

A. Failure to meet all requirements for licensure;

B. Failure to pay required fees;

C. Declaration of mental incompetence by the Court or appointment of a guardian.

D. Conviction of a felony or misdemeanor involving Moral Turpitude;

E. Swearing falsely under oath or affirmation;

F. Engaging in the conduct of professional counseling in a grossly negligent or incompetent manner;

G. Intentional violation of any provisions of 73-30-1 et. seq. of the Mississippi Code of 1972, Annotated (LPC law);

H. Violation of Board rules and regulations;

I. Assisting another in falsely obtaining a license or certification; and

J. Violation of the American Counseling Association Code of Ethics and Standards of Practice adopted by the Board;

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 (Rev. 2018)

Rule 5.2: Administrative Appeal

A. An Applicant who has been denied licensure may submit a request for an administrative hearing ten (10) working days prior to regularly scheduled Board meeting following notice of denial or appear in person at the next regularly scheduled Board meeting following notice of denial.

B. After the administrative hearing, the Board will notify the individual of its final decision.

C. An individual may appeal the decision of the Board to the circuit court of the county of the Applicant’s residence. If the Applicant does not reside in Mississippi, the Applicant may appeal to the Hinds County Circuit Court.

D. An Applicant may appeal the decision of the circuit court to the Mississippi Supreme Court.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-11 (Rev. 2018)

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Rule 5.3: Reapplication/Reinstatement

A. Upon a final decision by the Board not to license, the Applicant must wait a period of at least one (1) year before resubmitting a new, complete application packet.

B. The resubmitted application packet referred to above must include new evidence for the Applicant to be reconsidered for licensure.

C. An individual who has been denied renewal may reapply for licensure one (1) year after the Board’s decision to refuse to renew licensure.

D. An individual whose license has been revoked and is seeking license reinstatement must wait a period of no less than one (1) year after revocation and reapply for licensure, including all application fees. All current requirements for licensure must be met.

E. An LPC who fails to pay the required biennial renewal fees by the due date will be considered in Lapsed Status beginning immediately. For up to one year, the LPC may pay the reapplication fee and the license renewal fee to return to Active Status. Continuing Education requirements for the original renewal period will still be required at that time. After one year in Lapsed Status, the LPC will no longer hold a license and must reapply for licensure.

Source: Miss Code Ann. § 73-30-7 & 73-30-9 (Rev. 2018)

Rule 5.4: Licensure Categories

A. Active Status: A Licensee who is in good standing.

B. Non-Practicing Status: An LPC who is not currently practicing in the counseling field and/or does not plan to return to the counseling field in the foreseeable future.

1. Non-practicing licensees can retain the wall certificate.
2. Licensees must apply for non-practicing status at the time of renewal. Non-practicing licensees must renew yearly.
3. Non-practicing licensees are not required to complete CEH to renew.
4. In order to return to Active Status, the licensee must pay the full licensing fee, complete the Jurisprudence Exam within the past 365 days, show evidence of 12 Continuing Education Hours within the prior 365 days, and background check (if requested by the Board).

C. Lapsed Status: An LPC who fails to renew license in a timely manner. Individuals in Lapsed Status are not licensed to practice.

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D. Restricted Status: The Board, as a result of disciplinary action, may choose to limit or restrict the scope of a Licensee’s practice.

E. Retired Status: An LPC, who, of his/her own volition, chooses to cease practice. This category is not related to any disciplinary action, which would be the cause of ceasing to practice. An LPC’s request for Retired Status is subject to Board approval. An LPC in Retired Status cannot practice as an LPC in Mississippi yet is allowed to retain original wall certificate. LPCs in Retired Status do not pay the biennial license renewal fee. Board approval is required to return from Retired Status to Active. Upon returning to Active Status (from Retired Status), the LPC is required to pay the license renewal fees. The Licensee who desires to return to practice must present to the Board appropriate documentation of continuing education demonstrating that he/she has remained abreast of current professional standards of practice.

F. Revoked Status: The Board may revoke an individual’s license as a result of disciplinary action, as defined in the law (Section 73-30-21).

G. Suspended Status: The Board, as a result of disciplinary action, may choose to invalidate a license for any period of time.

H. Surrendered Status: A Licensee, as a result of disciplinary action, may request Surrendered Status. The Licensee’s request for Surrendered Status is subject to the approval of the Board.

I. Voluntarily Surrendered Status: A Licensee who wishes to voluntarily surrender license for personal reasons.

J. Memorial Status: Upon receipt by the Board office of notification of death of a Licensee, the license status will change to Memorial Status.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-9 (Rev. 2018)

Part 2201. CHAPTER 6. License Renewal and Duplicate/Replacement Wall Certificates

Rule 6.1: Renewal

P-LPC Annual Renewal

A. All P-LPCs will be renewed annually on or before June 30.

B. All P-LPCs must submit a completed renewal form.

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C. Pay the nonrefundable Annual Renewal Fee of $50.00 in the form of check, money order, or via the online process for payment. Checks and money orders should be made payable to the Mississippi Board of Examiners for Licensed Professional Counselors.

D. The P-LPC shall be renewable for not more than four (4) years. P-LPCs may appeal to the Board for an extension.

E. Upon yearly renewal, the P-LPC shall submit an updated Declaration of Practice statement as verified by the LPC-S.

F. Upon yearly renewal, the LPC-S shall submit the online evaluation of the P-LPC.

G. All P-LPCs must submit the log of Continuing Education Hours. Each P- LPC must accrue six (6) Continuing Education Hours during the preceding license period, two (2) of which must involve topics in professional ethics or legal issues in the delivery of counseling services. (as referenced in Rule 6.2)

H. As a courtesy, P-LPCs are notified of the renewal.

I. Failure to receive a renewal notice from the Board will not relieve the license holder from the renewal requirement.

J. The license status will be changed to Lapsed Status for all P-LPCs who fail to renew their license.

K. A P-LPC with a Lapsed Status license who wishes to return to current status must pay a reapplication fee in addition to the Annual renewal fee.

L. A P-LPC with a Lapsed Status will not be allowed to accrue supervised experience hours.

M. Lapsed Status may be maintained for a period of 90 days, after which time, if not renewed, the P-LPC will be reviewed by the Board to determine the status of the license.

LPC Biennial Renewal

A. All LPCs will be renewed biennially on or before June 30 of the applicable year.

B. For LPCs, the evidence of the following must be received in the Office of the State Board of Examiners for Licensed Professional Counselors on or before June 30 of the year of renewal by every license holder who intends to continue to practice: Each Active Status LPC must accrue twenty-four (24) Continuing Education Hours during the preceding license period, six (6) of which must involve topics in professional ethics or legal issues in the delivery of counseling services.

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Board qualified supervisors must submit a minimum of one (1) hour of continuing education specific to supervision per year (a minimum of two (2) hours per renewal period) and a copy of current supervision contract.

C. For LPCs, the following items must be received in the LPC Board Office on or before June 30 of the year of renewal by every license holder who intends to continue to practice:

1. A completed renewal form;

2. The prescribed license renewal fee;

3. The log of Continuing Education Hours (CEH) and certificate of completion of Mississippi Jurisprudence exam, Mississippi Legal and Ethical Responsibilities Examination; and

4. Every LPC seeking renewal shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database every six (6) years. Each LPC shall submit a full set of the Applicant's fingerprints in a form and manner prescribed by the Board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose.

D. As a courtesy, LPCs are notified of the renewal.

E. Failure to receive a renewal notice from the Board will not relieve the license holder from the renewal requirement.

F. The license status will be changed to Lapsed Status for all LPCs who fail to renew their license.

G. An LPC with a Lapsed Status license who wishes to return to Active status must pay a reapplication fee in addition to the current year’s renewal fee.

H. Any individual whose license has lapsed for failure to pay the required renewal fees for a period of twelve months must follow the rules set forth in Rule 5.3(E).

Source: Miss Code Ann. § 73-30-7 (6) (Rev. 2018) & 73-30-29 (Rev. 2015)

Rule 6.2: Continuing Education Requirements

A. General Guidelines

1. Continuing education shall be defined as continuing education hours (CEH). One CEH is equivalent to one (1) contact (clock) hour, which equals fifty-sixty minutes in a continuing education activity.

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2. Accrual of continuing education begins only after the date the license was issued.

3. CEH accrued beyond the required number of hours may not be applied toward the next renewal period. LPCs renewal period runs from July 1 to June 30, every two (2) years. P- LPCs renewal period runs from July 1 to June 30, every year.

B. Documentation

1. At the time of renewal, the Board will conduct a mandatory audit of 10 percent (10%) of the Licensees who will be randomly chosen. The audit is to ensure that the CEH requirement has been met. If you are one of the 10 percent chosen, you will be requested to submit additional documentation within 30 days of the date of receipt of the audit notice. The Board will review the records and respond to the individuals with a statement of compliance or non-compliance.

2. Each Licensee is responsible for keeping a personal record of attendance and completion of all continuing education hours. This documentation should be retained for two years from the end of the license renewal year. Do not forward documentation of CEH to the Board office as they are accrued.

3. Non-Compliance. If an audited LPC fails to comply with the CEH requirements, the non- compliant LPC will have three (3) months to comply. Failure to comply within the three (3) month period will result in Suspension Status.

C. Approved Continuing Education Criteria

1. CEH are meant to encourage personal and professional development throughout the LPC’s career. For this reason, a wide range of options are offered to accommodate the diversity of counselors’ training, experience, and geographic locations.

2. A Licensee may obtain the CEH through one or more of the options listed below.

a. Continuing Education Pre-approved. Continuing Education approved by the following entities, and others, that meet standards similar to or exceeding those required by the Board:

i. American Counseling Association (ACA),

ii. American Mental Health Counselors Association (AMHCA),

iii. Mississippi Counseling Association (MCA),

iv. Mississippi Licensed Professional Counseling Association (MLPCA) with approval from Mississippi Counseling Association (MCA),

v. American Association for Marriage and Family Therapy (AAMFT), and

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vi. The National Board of Certified Counselors (NBCC).

One may contact these associations or their divisions, regions, and state branches to find out which organizations, groups or individuals are approved providers. One may receive one CEH for each hour of direct participation in a structured educational format as a learner. Credit cannot be granted for: business/governance meetings; breaks; or social activities including meal functions, except for actual time of a content speaker.

b. Continuing Education Not Pre-approved. For those organizations, groups or individuals that do not carry provider status by one of the above associations, the CEH will be subject to approval by the Board at the time of renewal. The Board will not pre-approve any type of CEH. The CEH must be given by a qualified presenter. A qualified presenter is considered to be someone at the master’s level or above and trained in the mental health field or related services. One may receive one clock hour of CEH for each hour of direct participation in a structured educational format as a learner. Credit cannot be granted for: business/governance meetings; breaks; or social activities including meal functions, except for actual time of a content speaker. Verification for workshops, seminars, or conventions should consist of copies of certificates of attendance, and other documentation, which clearly indicates learning objectives.

c. Coursework. CEH may also be gained by taking coursework from a regionally accredited institution in one of the 11 approved content areas for continuing education listed. One may take a course for credit or audit a course. In a college or university program, one semester hour is equivalent to 15 clock hours and one-quarter hour is equivalent to 10 clock hours. Therefore, 45 CEH will be given for a three-hour university course and 10 CEH will be given for a one quarter-hour university course completed at a regionally accredited university. Verification for coursework can consist of either a copy of transcripts for coursework taken for credit or letter of attendance from instructor for courses audited.

d. Home Study. The ACA Newsletter Counseling Today, the AMHCA Newsletter, The Advocate, video presentations and approved teleconferences are all approved home study options. Each option must carry a provider number from either NBCC, or other Board approved mental health organizations. Each activity will specify the number of CEH that will be granted upon completion. Verification consists of a certificate issued by NBCC, or certificates from other professional mental health organizations that will be reviewed by the Board.

e. Presentations. Presenters may get credit for original presentations at a rate of five clock hours per one-hour presentation. Presenters must meet the qualifications stated in Subparagraph 2.b above. The presentation must be to the professional community; not to the lay public or a classroom presentation. Verification of your presentation consists of obtaining a letter from the workshop/convention coordinator stating the topic, date, and number of hours of presentation.

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f. Publishing. Authors may receive five clock hours per article or chapter in a book. The article must be published in a professional refereed journal. Verification will consist of a reprint of the article/chapter or a copy of the article/chapter, cover of the book/journal and page listing the editor or publisher.

g. Counseling (10 hours maximum per renewal period). One may receive one clock hour of continuing education per counseling hour as a client. To qualify, one must be a client receiving services from a licensed mental health professional having qualifications equal to or exceeding those currently required of LPCs. Consultation and supervision hours do not qualify. Verification will consist of a letter from the counseling mental health professional verifying client therapy hours.

h. Research. One may receive one clock hour of continuing education per hour of planning or conducting of, or participating in, counseling or counseling-related research. To qualify, this activity must constitute an original and substantive educational experience for the learner. Verification will consist of a letter from the faculty member or researcher.

i. Organizational and Regulatory. One may receive one clock hour of continuing education per hour of service to the Board or to a Board approved counseling service organization. To qualify, this activity must constitute an original and substantive educational experience for the learner. Verification will consist of a letter or certificate from the Board or from the Board approved counseling service organization.

3. Continuing Education credit will not be allowed for the following:

a. Regular work activities, administrative staff meetings, case staffing/reporting, etc.

b. Training specifically related to policies and procedures of an agency may not be counted.

c. Non-counseling content courses.

D. Types of Documentation Needed for Verification

1. Copy of certificate of attendance for workshops, seminars, or conventions.

2. Copy of transcript for coursework taken for credit/letter of attendance from instructor for courses audited.

3. Home study verification form or certificate issued by sponsoring organization.

4. Letter from workshop/convention coordinator verifying presentations.

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5. Copy of article, cover, and editorial board page for publications.

6. Letter from counseling mental health professional verifying number of hours in counseling as a client.

7. Letter from the faculty member or researcher verifying number of hours in research.

8. Letter or certificate from the Board, or from the Board approved counseling service organization, verifying number of hours of service.

Source: Miss Code Ann. § 73-30-7 (6) (Rev. 2018) & 73-30-29 (Rev. 2015)

Rule 6.3: Replacement Wall Certificate/Renewal Card

A. It is the intent of the Board for each Licensee to have only one (1) current wall certificate attesting to the Licensee’s title in Mississippi. The Board does not provide multiple original wall certificates to Licensees.

B. Wall certificates issued by the Board are the property of the Board and must be surrendered upon official request.

C. Each Licensee must ensure that the current wall certificate bears current legal name. A Licensee in good standing whose name has legally changed may request a replacement wall certificate by submitting the following:

1. Written notification of the change and a request for a new wall certificate bearing the Licensee’s current legal name;

2. A copy of the legal paper document indicating the change;

3. Returning the original wall certificate to the LPC Board Office; and

4. Paying the prescribed “Replacement Wall Certificate/Renewal Card Fee”.

D. A Licensee in good standing may request a replacement wall certificate if original wall certificate was damaged by submitting the following:

1. A written request for a replacement wall certificate;

2. The damaged original wall certificate; and,

3. Payment of the prescribed “Replacement Wall Certificate/Renewal Card Fee”.

E. A Licensee in good standing may request a replacement wall certificate if original wall certificate was destroyed by submitting the following items:

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1. A written request for a replacement wall certificate, indicating that the original wall certificate was destroyed;

2. A notarized affidavit, including a statement and an explanation that the wall certificate was destroyed; and,

3. Payment of the prescribed “Replacement Wall Certificate/Renewal Card Fee”.

F. Any other request for a replacement wall certificate will be handled by the Board on a case- by-case basis.

G. A Licensee in good standing may request a replacement Renewal Card with written request for replacement of Renewal Card and payment of the prescribed “Replacement Wall Certificate/Renewal Card Fee”.

Source: Miss Code Ann. § 73-30-7 (6) (Rev. 2018)

Part 2201. CHAPTER 7. Professional Responsibilities

Rule 7.1: Standards of Practice

The protection of the public health, safety, welfare, and the best interest of the public are the primary guides in determining the appropriate professional conduct of all individuals licensed through the Mississippi State Board of Examiners for Licensed Professional Counselors. Persons licensed by the Board shall adhere to all parts of the current American Counseling Association Code of Ethics and Standards of Practice with the exception of any parts superseded by state law, policy, or rules and regulations adopted by the Mississippi State Board of Examiners for Licensed Professional Counselors.

Source: Miss Code Ann. § 73-30-13 (Rev. 2018)

Rule 7.2: Exemption From Licensure

It is not the intention of the Board to monitor members of other appropriately regulated professions in Mississippi who provide counseling in the normal course of the practice of their own professions. The following individuals who provide counseling in the normal course of the practice of their own professions are exempt from Section 73-30-1 et seq., of the Mississippi Code of 1972, Annotated:

A. Any person registered, certified, or licensed by the state to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which he/she is registered, certified, or licensed;

B. Certified school counselors when they are practicing counseling within the scope of their employment;

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C. Certified vocational counselors when they are practicing vocational counseling within the scope of their employment;

D. Student interns or trainees in counseling pursuing a course of study in counseling in a regionally or nationally accredited institution of higher learning or training institution if activities and services constitute a part of the supervised course of study, provided that such persons be designated a counselor intern;

E. Duly ordained ministers or clergy while functioning in their ministerial capacity and duly accredited Christian Science practitioners;

F. Professional employees of regional mental health centers, state mental hospitals, vocational rehabilitation institutions, youth court counselors, employees of the Mississippi Employment Security Commission, or other government agencies so long as they practice within the scope of their employment;

G. Professional employees of alcohol or drug abuse centers or treatment facilities, whether privately or publicly funded, so long as they practice within the scope of their employment;

H. Private employment counselors; and

I. Any non-resident temporarily employed in this state to render counseling services for not more than thirty (30) days in any year, if in the opinion of the Board the person would qualify for a license under this chapter and if the person holds any license required for counselors in his/her home state or country.

Source: Miss Code Ann. § 73-30-25 (Rev. 2018)

Rule 7.3: Representation as “Licensed Professional Counselor” or “Provisional Licensed Professional Counselor” by an Unlicensed Person

Any person who represents himself/herself by the title “Licensed Professional Counselor” or “Provisional Licensed Professional Counselor” without having first complied with the application procedures set forth and without having been awarded a license by the Mississippi State Board of Examiners for Licensed Professional Counselors shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for each offense.

Rule 7.4: Injunction to Prohibition of Unlicensed Practice of the Profession of Counseling

Any person who holds himself out to the public by any title or description of services incorporating the words licensed professional counselor or psychotherapist, and who offers to render professional counseling or psychotherapy services to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee, monetary or

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otherwise, implying that he is licensed without having first complied with the application procedures set forth and without having been awarded a license by the Mississippi State Board of Examiners for Licensed Professional Counselors shall be required to discontinue that counseling or psychotherapy practice and prohibited from practicing as a counselor or psychotherapist until that person has been granted a license.

Source: Miss Code Ann. § 73-30-1& 73-30-3 & 73-51-1 & 73-30-19 (Rev. 2018)

Rule 7.5: Practice of Distance Professional Services

Any person providing counseling or supervision services through the means of Distance Professional Services (Telemental Health) must meet the following requirements:

1. Be an Active Status P-LPC, LPC, or LPC-S in Mississippi.

2. Hold a license in good standing in the location of the recipient receiving services.

3. Submit to the Board verification of training (including synchronous or asynchronous audio/video webinars) in TeleMental Health counseling by completing one of the following:

a. Show completion of the Board Certified-TeleMental Health (BC-TMH) credential from the Center for Credentialing and Education, Inc. (CCE), an affiliate of the National Board of Certified Counselors (NBCC), or an equivalent credential as recognized by CCE.

b. Professional training. The professional training must be a minimum of nine (9) clock hours. All professional training must include:

i. HIPAA compliance for Telemental Health ii. Ethical and legal issues in Telemental Health, including confidentiality/privacy issues iii. Crisis planning & protocols in Telemental Health iv. Choosing and using technology in Telemental Health v. Orienting clients to Telemental Health vi. Telemental health settings and care coordination vii. Appropriateness of Telemental Health

Professional training can be gained by either: (1) Graduate-Level Academic Training (as documented on the syllabus) or (2) Continuing Education training course (as documented by certificate).

c. P-LPCs can practice TeleMental Health counseling with the approval from his/her LPC-S, who must be designated by the Board to be a Distance Professional Services provider.

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4. At the time of license renewal, LPC’s must document 2 hours of continuing education in Telemental Health counseling and P-LPCs must document 1 hour of continuing education in Telemental Health counseling. These continuing education hours are included as part of the required continuing education requirements for renewal.

No licensing fee will be assessed for the Distance Professional Services provider designation.

Source: Miss Code Ann. § 73-30-25 (Rev. 2018)

Part 2201. CHAPTER 8. Complaints, Disciplinary Hearings, Sanctions, Appeal

Rule 8.1: Grounds for Disciplinary Action

The Board may, after notice and opportunity for a hearing, restrict, suspend, revoke, or refuse to issue or renew a license or may reprimand the Licensee for the following reasons, including, but not limited to:

A. Failure to meet all requirements for licensure;

B. Failure to pay required fees;

C. Declaration of mental incompetence by the court or appointment of a guardian;

D. Conviction of a felony or misdemeanor involving Moral Turpitude;

E. Swearing falsely under oath or affirmation;

F. Obtaining a license or certification by fraud, deceit or other misrepresentation;

G. Practicing professional counseling in a grossly negligent or incompetent manner;

H. Intentional violation of any provisions of 73-30-1 et. seq. of the Mississippi Code of 1972, Annotated (LPC law);

I. Violation of Board rules and regulations;

J. Assisting another in falsely obtaining a license or certification; or

K. Violation of the American Counseling Association Code of Ethics and Standards of Practice adopted by the Board.

Source: Miss Code Ann. § 73-30-7 (6) & 73-30-7 (8) (Rev. 2018)

Rule 8.2: Complaint Procedures

A. Complaints should be submitted to the Executive Director at the Board office.

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1. If needed, the Executive Director of the Board shall send the appropriate complaint forms to the complainant.

2. The complaint should be on the complaint forms approved by the Board.

3. The complaint must include the street address, phone numbers, email address, and any other reasonable contact information of the individual filing the complaint.

4. The complaint should include any witness information.

5. The complainant is responsible for completing, notarizing, and returning the forms to the Board Office.

6. The Board may bring a complaint upon its own motion if it can be substantiated as a complaint.

B. Upon receipt of a complaint, the Executive Director will:

1. Assign a complaint number and enter complaint information in the Complaint Log;

2. Prepare a file for the original documents of the complaint;

3. Copy the original documents;

4. Send the copy to the Board member assigned the complaint or, at the direction of the Board, an external investigator, and the Board attorney;

5. Complaints shall be assigned among Board members as the Board investigator on a rotating basis; and

6. The option of assigning a complaint to an external investigator shall be determined by the Board on a case-by-case basis.

C. The Board member or investigator shall:

1. Investigate the complaint to determine validity, appropriateness, and jurisdiction of the complaint based on the Code of Ethics, the Rules and Regulations, and the statutes governing Licensees.

2. Inform the Accused a complaint has been filed against him/her and he/she is under investigation. Notice of the filed complaint shall be given within a reasonable time from the date of receipt of the complaint, not to exceed 120 days. The investigating Board member or investigator shall notify the counselor of the allegations and corresponding Code of Ethics, Statutes, and/or Rules and Regulations violations.

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3. Once the Accused receives the letter from the investigating Board member or investigator, the Accused will have ten days to respond to the allegations. The Accused may request an extension, of up to thirty (30) days, to respond to the complaint. Extensions will be granted on a case-by-case basis. Justification for additional time is determined by the assigned/designated Board member/investigator;

4. All correspondence to the Accused should be completed using certified return receipt mail;

5. All communications should be copied to the Executive Director and the Board attorney; and

6. Original mail receipts should be forwarded to the Board office; investigating Board members and/or investigators should keep copies.

D. Criteria the investigating Board member or investigator can use for determining whether a charge should be accepted as a formal complaint includes, but is not limited to, the following:

1. Whether or not the person is a Licensee;

2. Whether the charge, if true, would constitute a violation of the Code of Ethics, Rules and Regulations, or the statutes that govern Licensees;

3. Whether passage of time since the violation requires that the complaint be rejected;

4. Whether relevant, reliable information or proof concerning the charge is available;

5. Whether the complainant is willing to provide proof or other information; and

6. Whether the charge appears to be justified or supportable considering the proof available.

E. The Board shall conduct a meeting, with a quorum present, to hear a case presented by the assigned/designated Board member or investigator.

1. The assigned case number will be used in referring to the case.

2. Only a minimal description of the case should be offered at this juncture of the proceedings.

3. The Board member can recommend that the Board:

a. Vote to take no action, if no action is merited;

b. Authorize a disciplinary hearing and initiate a formal complaint and notice of disciplinary hearing;

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c. Take other appropriate action, as deemed necessary by the Board; or

d. Resolution of any formal complaint may be made between the Board and the Accused. Note: this usually takes the form of an agreed order.

F. In the event that the Board authorizes that a disciplinary hearing be held, the following shall occur:

1. The Accused should receive notice thirty (30) days prior to the date of the disciplinary hearing.

2. Notice shall be considered to have been given if the notice was personally served or by mailing a copy thereof by U.S. First Class mail, postage prepaid, return receipt mail to the last known address of the Accused or his/her representative.

3. The notice shall inform the Accused of the facts which are the basis of the complaint and which are specific enough to enable the Accused to defend against the complaint.

4. The notice of the complaint shall also inform the Accused of the following:

a. The date, time, and location of the hearing;

b. That the Accused may appear personally at the disciplinary hearing and may be represented by counsel; and

c. That the Accused shall have the right to produce witnesses and evidence on the behalf of the Accused and shall have the right to cross-examine adverse witnesses and evidence.

5. The disciplinary hearing shall be before the Mississippi State Board of Examiners for Licensed Professional Counselors and shall be presided over by the Chair, senior member, or designee of the Board.

6. Following the disciplinary hearing, the Board shall, in writing, notify the Accused as to what sanctions(s), if any, shall be imposed and the basis for the Board’s action.

7. The Board, upon complaint by any citizen or upon the Board’s own motion, can compel attendance of witnesses, the production of documents, administer oaths to witnesses, hear testimony, and receive evidence considering all matters within its jurisdiction.

G. The Board may assess and levy upon any Licensee, practitioner or Applicant for licensure the costs incurred or expended by the Board in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the costs of process service, court reporters, expert witnesses, investigators and attorney's fees.

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H. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law.

I. All final orders issued by the Board shall be reflected in the Board minutes.

Source: Miss Code Ann. § 73-30-23 & 73-30-7(6) & 73-30-21 (Rev. 2018)

Rule 8.3: Sanctions

The Board may impose any of the following sanctions, singly or in combination, when it finds that a Licensee is guilty of any of the offenses including but not limited to those referred to in Rule 8.1.

A. Reprimand: A Reprimand is an issuance of a letter of official reprimand to the Licensee as public rebuke and possible sanction by the Board for misconduct in the practice of counseling. The Board may require specific follow-up actions by the counselor;

B. Refusal to renew licensure;

C. Restriction or limitation of the individual’s scope of practice;

D. Probation: Probation is a stay of suspension or revocation allowing the limited practice within conditions stipulated by the Board. Violation of any of these conditions may result in suspension or revocation;

E. Suspension: Suspension is the withdrawal of privilege to practice for a specified period of time; or

F. Revocation: Revocation is the withdrawal of privilege to practice as a Licensed Professional Counselor in the State of Mississippi.

Source: Miss Code Ann. § 73-30-7(6) & 73-30-23 (Rev. 2018)

Rule 8.4: Disciplinary Appeal

A. Appeals from disciplinary action are to be brought in the circuit court in the county of residence of the practitioner. In the event the practitioner resides out of state the appeal should be brought in Hinds County Circuit Court.

B. An individual may appeal the decision of the circuit court to the Mississippi Supreme Court.

C. Further appeal shall be pursuant to any remedies available at law.

Source: Miss Code Ann. § 73-30-7(6) & 73-30-23 (Rev. 2018)

Rule 8.5: Reinstatement Following Disciplinary Action

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A. Any person whose license and as a result, LPC-S certification, has been revoked due to disciplinary action may reapply for licensure, including payment of all fees, one (1) year after the revocation of licensure. All current requirements for licensure and LPC-S certification must be met.

B. The Board may, at its discretion, grant reinstatement of licensure following a disciplinary action due to any of the sanctions listed in Rule 8.3 other than revocation.

Source: Miss Code Ann. § 73-30-7(6) & 73-30-21 (Rev. 2018)

Part 2201. CHAPTER 9. Contact Info

Rule 9.1: Contact Information

Any questions should be addressed in writing to: Mississippi State Board of Examiners for Licensed Professional Counselors 239 North Lamar Street; Suite 402 Jackson, MS 39201

Source: Miss Code Ann. § 73-30-7(6) & 73-30-9 (Rev. 2018)

Part 2202 Part 2202 - 2014 ACA Code of Ethics

30 Miss. Admin. Code Pt. 2202 Part 2202 - 2014 ACA Code of Ethics

counseling.org 2 014 ACA Code of Ethics As approved by the ACA Governing Council AMERICAN COUNSELING ASSOCIATION

• 2 • © 2014 by the American Counseling Association. All rights reserved. Note: This document may be reproduced in its entirety without permission for non-commercial purposes only. ACA Code of Ethics Preamble • 3 ACA Code of Ethics Purpose • 3 Section A The Counseling Relationship • 4 Section B Confidentiality and Privacy • 6 Section C Professional Responsibility • 8 Section D Relationships With Other Professionals • 10

Section E Evaluation, Assessment, and Interpretation • 11 Section F Supervision, Training, and Teaching • 12 Section G Research and Publication • 15 Section H Distance Counseling, Technology, and Social Media • 17

Section I Resolving Ethical Issues • 18 Glossary of Terms • 20 Index • 21 Mission The mission of the American Counseling Association is to enhance the quality of life in society by promoting the development of professional counselors, advancing the counseling profession, and using the profession and practice of counseling to promote respect for human dignity and diversity. Contents

• 3 • ACA Code of Ethics Purpose The ACA Code of Ethics serves six main purposes:

1. The Code sets forth the ethical obligations of ACA members and provides guidance intended to inform the ethical practice of professional counselors.
2. The Code identifies ethical considerations relevant to professional counselors and counselors-in-training.
3. The Code enables the association to clarify for current and prospective members, and for those served by members, the nature of the ethical responsibilities held in common by its members.
4. The Code serves as an ethical guide designed to assist members in constructing a course of action that best serves those utilizing counseling services and establishes expectations of conduct with a primary emphasis on the role of the professional counselor.
5. The Code helps to support the mission of ACA.
6. The standards contained in this Code serve as the basis for processing inquiries and ethics complaints concerning ACA members. The ACA Code of Ethics contains nine main sections that ad- dress the following areas: Section A: The Counseling Relationship Section B: Confidentiality and Privacy Section C: Professional Responsibility Section D: Relationships With Other Professionals Section E: Evaluation, Assessment, and Interpretation Section F: Supervision, Training, and Teaching Section G: Research and Publication Section H: Distance Counseling, Technology, and Social Media Section I: Resolving Ethical Issues Each section of the ACA Code of Ethics begins with an introduction. The introduction to each section describes the ethical behavior and responsibility to which counselors aspire. The introductions help set the tone for each particular sec- tion and provide a starting point that invites reflection on the ethical standards contained in each part of the ACA Code of Ethics. The standards outline professional responsibilities and provide direction for fulfilling those ethical responsibilities. When counselors are faced with ethical dilemmas that are difficult to resolve, they are expected to engage in a care- fully considered ethical decision-making process, consulting available resources as needed. Counselors acknowledge that resolving ethical issues is a process; ethical reasoning includes consideration of professional values, professional ethical principles, and ethical standards. Counselors’ actions should be consistent with the spirit as well as the letter of these ethical standards. No specific ethical decision-making model is always most effective, so counselors are expected to use a credible model of deci- sion making that can bear public scrutiny of its applica- tion. Through a chosen ethical decision-making process and evaluation of the context of the situation, counselors work collaboratively with clients to make decisions that promote clients’ growth and development. A breach of the standards and principles provided herein does not neces- sarily constitute legal liability or violation of the law; such action is established in legal and judicial proceedings. The glossary at the end of the Code provides a concise description of some of the terms used in the ACA Code of Ethics. ACA Code of Ethics Preamble The American Counseling Association (ACA) is an educational, scientific, and professional organization whose members work in a variety of settings and serve in multiple capacities. Counseling is a professional relationship that empowers diverse individuals, families, and groups to accomplish mental health, wellness, education, and career goals. Professional values are an important way of living out an ethical commitment. The following are core professional values of the counseling profession:
7. enhancing human development throughout the life span;
8. honoring diversity and embracing a multicultural approach in support of the worth, dignity, potential, and uniqueness of people within their social and cultural contexts;
9. promoting social justice;
10. safeguarding the integrity of the counselor–client relationship; and
11. practicing in a competent and ethical manner. These professional values provide a conceptual basis for the ethical principles enumerated below. These principles are the foundation for ethical behavior and decision making. The fundamental principles of professional ethical behavior are • autonomy, or fostering the right to control the direction of one’s life; • nonmaleficence, or avoiding actions that cause harm; • beneficence, or working for the good of the individual and society by promoting mental health and well-being; • justice, or treating individuals equitably and fostering fairness and equality; • fidelity, or honoring commitments and keeping promises, including fulfilling one’s responsibilities of trust in professional relationships; and • veracity, or dealing truthfully with individuals with whom counselors come into professional contact.

• ACA Code of Ethics • • 4 • A.2.c. Developmental and Cultural Sensitivity Counselors communicate information in ways that are both developmentally and culturally appropriate. Counselors use clear and understandable language when discussing issues related to informed consent. When clients have difficulty understanding the language that counselors use, counselors provide necessary services (e.g., arranging for a qualified interpreter or translator) to ensure comprehension by clients. In collaboration with clients, coun- selors consider cultural implications of informed consent procedures and, where possible, counselors adjust their practices accordingly. A.2.d. Inability to Give Consent When counseling minors, incapaci- tated adults, or other persons unable to give voluntary consent, counselors seek the assent of clients to services and include them in decision making as appropriate. Counselors recognize the need to balance the ethical rights of clients to make choices, their capac- ity to give consent or assent to receive services, and parental or familial legal rights and responsibilities to protect these clients and make decisions on their behalf. A.2.e. Mandated Clients Counselors discuss the required limitations to confidentiality when working with clients who have been mandated for counseling services. Counselors also explain what type of information and with whom that information is shared prior to the beginning of counseling. The client may choose to refuse services. In this case, counselors will, to the best of their ability, discuss with the client the potential consequences of refusing counseling services. A.3. Clients Served by Others When counselors learn that their clients are in a professional relationship with other mental health professionals, they request release from clients to inform the other professionals and strive to establish positive and collaborative professional relationships. A.4. Avoiding Harm and Imposing Values A.4.a. Avoiding Harm Counselors act to avoid harming their clients, trainees, and research par- ticipants and to minimize or to remedy unavoidable or unanticipated harm. A.1.d. Support Network Involvement Counselors recognize that support networks hold various meanings in the lives of clients and consider en- listing the support, understanding, and involvement of others (e.g., reli- gious/spiritual/community leaders, family members, friends) as positive resources, when appropriate, with client consent. A.2. Informed Consent in the Counseling Relationship A.2.a. Informed Consent Clients have the freedom to choose whether to enter into or remain in a counseling relationship and need adequate information about the counseling process and the counselor. Counselors have an obligation to re- view in writing and verbally with cli- ents the rights and responsibilities of both counselors and clients. Informed consent is an ongoing part of the counseling process, and counselors appropriately document discussions of informed consent throughout the counseling relationship. A.2.b. Types of Information Needed Counselors explicitly explain to clients the nature of all services provided. They inform clients about issues such as, but not limited to, the follow- ing: the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services; the counselor’s qualifications, credentials, relevant experience, and approach to counseling; continuation of services upon the incapacitation or death of the counselor; the role of technol- ogy; and other pertinent information. Counselors take steps to ensure that clients understand the implications of diagnosis and the intended use of tests and reports. Additionally, counselors inform clients about fees and billing arrangements, including procedures for nonpayment of fees. Clients have the right to confidentiality and to be provided with an explanation of its limits (including how supervisors and/or treatment or interdisciplinary team professionals are involved), to obtain clear information about their records, to participate in the ongoing counseling plans, and to refuse any services or modality changes and to be advised of the consequences of such refusal. Section A The Counseling Relationship Introduction Counselors facilitate client growth and development in ways that foster the interest and welfare of clients and promote formation of healthy relation- ships. Trust is the cornerstone of the counseling relationship, and counselors have the responsibility to respect and safeguard the client’s right to privacy and confidentiality. Counselors actively attempt to understand the diverse cul- tural backgrounds of the clients they serve. Counselors also explore their own cultural identities and how these affect their values and beliefs about the coun- seling process. Additionally, counselors are encouraged to contribute to society by devoting a portion of their profes- sional activities for little or no financial return (pro bono publico). A.1. Client Welfare A.1.a. Primary Responsibility The primary responsibility of counsel- ors is to respect the dignity and promote the welfare of clients. A.1.b. Records and Documentation Counselors create, safeguard, and maintain documentation necessary for rendering professional services. Regardless of the medium, counselors include sufficient and timely docu- mentation to facilitate the delivery and continuity of services. Counselors take reasonable steps to ensure that documentation accurately reflects cli- ent progress and services provided. If amendments are made to records and documentation, counselors take steps to properly note the amendments according to agency or institutional policies. A.1.c. Counseling Plans Counselors and their clients work jointly in devising counseling plans that offer reasonable promise of success and are consistent with the abilities, temperament, developmental level, and circumstances of clients. Counselors and clients regularly re- view and revise counseling plans to assess their continued viability and effectiveness, respecting clients’ free- dom of choice.

• ACA Code of Ethics • • 5 • A.4.b. Personal Values Counselors are aware of—and avoid imposing—their own values, attitudes, beliefs, and behaviors. Counselors respect the diversity of clients, train- ees, and research participants and seek training in areas in which they are at risk of imposing their values onto clients, especially when the counselor’s values are inconsistent with the client’s goals or are discrimina- tory in nature. A.5. Prohibited Noncounseling Roles and Relationships A.5.a. Sexual and/or Romantic Relationships Prohibited Sexual and/or romantic counselor– client interactions or relationships with current clients, their romantic partners, or their family members are prohibited. This prohibition applies to both in- person and electronic interactions or relationships. A.5.b. Previous Sexual and/or Romantic Relationships Counselors are prohibited from engag- ing in counseling relationships with persons with whom they have had a previous sexual and/or romantic relationship. A.5.c. Sexual and/or Romantic Relationships With Former Clients Sexual and/or romantic counselor– client interactions or relationships with former clients, their romantic partners, or their family members are prohibited for a period of 5 years following the last professional contact. This prohibition applies to both in-person and electronic interactions or relationships. Counsel- ors, before engaging in sexual and/or romantic interactions or relationships with former clients, their romantic partners, or their family members, dem- onstrate forethought and document (in written form) whether the interaction or relationship can be viewed as exploitive in any way and/or whether there is still potential to harm the former client; in cases of potential exploitation and/or harm, the counselor avoids entering into such an interaction or relationship. A.5.d. Friends or Family Members Counselors are prohibited from engaging in counseling relationships with friends or family members with whom they have an inability to remain objective. A.5.e. Personal Virtual Relationships With Current Clients Counselors are prohibited from engaging in a personal virtual re- lationship with individuals with whom they have a current counseling relationship (e.g., through social and other media). A.6. Managing and Maintaining Boundaries and Professional Relationships A.6.a. Previous Relationships Counselors consider the risks and benefits of accepting as clients those with whom they have had a previous relationship. These potential clients may include individuals with whom the counselor has had a casual, distant, or past relationship. Examples include mutual or past membership in a pro- fessional association, organization, or community. When counselors accept these clients, they take appropriate pro- fessional precautions such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs. A.6.b. Extending Counseling Boundaries Counselors consider the risks and benefits of extending current counsel- ing relationships beyond conventional parameters. Examples include attend- ing a client’s formal ceremony (e.g., a wedding/commitment ceremony or graduation), purchasing a service or product provided by a client (excepting unrestricted bartering), and visiting a cli- ent’s ill family member in the hospital. In extending these boundaries, counselors take appropriate professional precau- tions such as informed consent, consul- tation, supervision, and documentation to ensure that judgment is not impaired and no harm occurs. A.6.c. Documenting Boundary Extensions If counselors extend boundaries as described in A.6.a. and A.6.b., they must officially document, prior to the interaction (when feasible), the rationale for such an interaction, the potential benefit, and anticipated consequences for the client or former client and other individuals significantly involved with the client or former client. When un- intentional harm occurs to the client or former client, or to an individual significantly involved with the client or former client, the counselor must show evidence of an attempt to remedy such harm. A.6.d. Role Changes in the Professional Relationship When counselors change a role from the original or most recent contracted relationship, they obtain informed consent from the client and explain the client’s right to refuse services related to the change. Examples of role changes include, but are not limited to

1. changing from individual to re- lationship or family counseling, or vice versa;
2. changing from an evaluative role to a therapeutic role, or vice versa; and
3. changing from a counselor to a mediator role, or vice versa. Clients must be fully informed of any anticipated consequences (e.g., financial, legal, personal, therapeutic) of counselor role changes. A.6.e. Nonprofessional Interactions or Relationships (Other Than Sexual or Romantic Interactions or Relationships) Counselors avoid entering into non- professional relationships with former clients, their romantic partners, or their family members when the interaction is potentially harmful to the client. This applies to both in-person and electronic interactions or relationships. A.7. Roles and Relationships at Individual, Group, Institutional, and Societal Levels A.7.a. Advocacy When appropriate, counselors advocate at individual, group, institutional, and societal levels to address potential bar- riers and obstacles that inhibit access and/or the growth and development of clients. A.7.b. Confidentiality and Advocacy Counselors obtain client consent prior to engaging in advocacy efforts on be- half of an identifiable client to improve the provision of services and to work toward removal of systemic barriers or obstacles that inhibit client access, growth, and development.

• ACA Code of Ethics • • 6 • being harmed by continued counseling. Counselors may terminate counseling when in jeopardy of harm by the client or by another person with whom the cli- ent has a relationship, or when clients do not pay fees as agreed upon. Counselors provide pretermination counseling and recommend other service providers when necessary. A.11.d. Appropriate Transfer of Services When counselors transfer or refer clients to other practitioners, they ensure that appropriate clinical and administra- tive processes are completed and open communication is maintained with both clients and practitioners. A.12. Abandonment and Client Neglect Counselors do not abandon or neglect clients in counseling. Counselors assist in making appropriate arrangements for the continuation of treatment, when neces- sary, during interruptions such as vaca- tions, illness, and following termination. Section B Confidentiality and Privacy Introduction Counselors recognize that trust is a cor- nerstone of the counseling relationship. Counselors aspire to earn the trust of cli- ents by creating an ongoing partnership, establishing and upholding appropriate boundaries, and maintaining confi- dentiality. Counselors communicate the parameters of confidentiality in a culturally competent manner. B.1. Respecting Client Rights B.1.a. Multicultural/Diversity Considerations Counselors maintain awareness and sen- sitivity regarding cultural meanings of confidentiality and privacy. Counselors respect differing views toward disclosure of information. Counselors hold ongo- ing discussions with clients as to how, when, and with whom information is to be shared. B.1.b. Respect for Privacy Counselors respect the privacy of prospective and current clients. Coun- selors request private information from clients only when it is beneficial to the counseling process. A.8. Multiple Clients When a counselor agrees to provide counseling services to two or more persons who have a relationship, the counselor clarifies at the outset which person or persons are clients and the nature of the relationships the counselor will have with each involved person. If it becomes apparent that the counselor may be called upon to perform poten- tially conflicting roles, the counselor will clarify, adjust, or withdraw from roles appropriately. A.9. Group Work A.9.a. Screening Counselors screen prospective group counseling/therapy participants. To the extent possible, counselors select members whose needs and goals are compatible with the goals of the group, who will not impede the group process, and whose well-being will not be jeop- ardized by the group experience. A.9.b. Protecting Clients In a group setting, counselors take rea- sonable precautions to protect clients from physical, emotional, or psychologi- cal trauma. A.10. Fees and Business Practices A.10.a. Self-Referral Counselors working in an organization (e.g., school, agency, institution) that provides counseling services do not refer clients to their private practice unless the policies of a particular orga- nization make explicit provisions for self-referrals. In such instances, the cli- ents must be informed of other options open to them should they seek private counseling services. A.10.b. Unacceptable Business Practices Counselors do not participate in fee splitting, nor do they give or receive commissions, rebates, or any other form of remuneration when referring clients for professional services. A.10.c. Establishing Fees In establishing fees for professional counseling services, counselors con- sider the financial status of clients and locality. If a counselor’s usual fees cre- ate undue hardship for the client, the counselor may adjust fees, when legally permissible, or assist the client in locat- ing comparable, affordable services. A.10.d. Nonpayment of Fees If counselors intend to use collection agencies or take legal measures to col- lect fees from clients who do not pay for services as agreed upon, they include such information in their informed consent documents and also inform clients in a timely fashion of intended actions and offer clients the opportunity to make payment. A.10.e. Bartering Counselors may barter only if the bar- tering does not result in exploitation or harm, if the client requests it, and if such arrangements are an accepted practice among professionals in the community. Counselors consider the cultural implications of bartering and discuss relevant concerns with clients and document such agreements in a clear written contract. A.10.f. Receiving Gifts Counselors understand the challenges of accepting gifts from clients and rec- ognize that in some cultures, small gifts are a token of respect and gratitude. When determining whether to accept a gift from clients, counselors take into account the therapeutic relationship, the monetary value of the gift, the client’s motivation for giving the gift, and the counselor’s motivation for wanting to accept or decline the gift. A.11. Termination and Referral A.11.a. Competence Within Termination and Referral If counselors lack the competence to be of professional assistance to clients, they avoid entering or continuing counseling relationships. Counselors are knowledgeable about culturally and clinically appropriate referral resources and suggest these alternatives. If clients decline the suggested referrals, counsel- ors discontinue the relationship. A.11.b. Values Within Termination and Referral Counselors refrain from referring pro- spective and current clients based solely on the counselor’s personally held val- ues, attitudes, beliefs, and behaviors. Counselors respect the diversity of clients and seek training in areas in which they are at risk of imposing their values onto clients, especially when the counselor’s values are inconsistent with the client’s goals or are discriminatory in nature. A.11.c. Appropriate Termination Counselors terminate a counseling re- lationship when it becomes reasonably apparent that the client no longer needs assistance, is not likely to benefit, or is

• ACA Code of Ethics • • 7 • B.1.c. Respect for Confidentiality Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification. B.1.d. Explanation of Limitations At initiation and throughout the counsel- ing process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confiden- tiality must be breached. B.2. Exceptions B.2.a. Serious and Foreseeable Harm and Legal Requirements The general requirement that counsel- ors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be re- vealed. Counselors consult with other professionals when in doubt as to the validity of an exception. Additional considerations apply when addressing end-of-life issues. B.2.b. Confidentiality Regarding End-of-Life Decisions Counselors who provide services to terminally ill individuals who are con- sidering hastening their own deaths have the option to maintain confidentiality, depending on applicable laws and the specific circumstances of the situation and after seeking consultation or super- vision from appropriate professional and legal parties. B.2.c. Contagious, Life- Threatening Diseases When clients disclose that they have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclos- ing information to identifiable third parties, if the parties are known to be at serious and foreseeable risk of con- tracting the disease. Prior to making a disclosure, counselors assess the intent of clients to inform the third parties about their disease or to engage in any behaviors that may be harmful to an identifiable third party. Counselors adhere to relevant state laws concern- ing disclosure about disease status. B.2.d. Court-Ordered Disclosure When ordered by a court to release confidential or privileged information without a client’s permission, coun- selors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible because of po- tential harm to the client or counseling relationship. B.2.e. Minimal Disclosure To the extent possible, clients are informed before confidential infor- mation is disclosed and are involved in the disclosure decision-making process. When circumstances require the disclosure of confidential infor- mation, only essential information is revealed. B.3. Information Shared With Others B.3.a. Subordinates Counselors make every effort to ensure that privacy and confidentiality of clients are maintained by subordi- nates, including employees, supervisees, students, clerical assistants, and volunteers. B.3.b. Interdisciplinary Teams When services provided to the client involve participation by an interdisci- plinary or treatment team, the client will be informed of the team’s existence and composition, information being shared, and the purposes of sharing such information. B.3.c. Confidential Settings Counselors discuss confidential infor- mation only in settings in which they can reasonably ensure client privacy. B.3.d. Third-Party Payers Counselors disclose information to third-party payers only when clients have authorized such disclosure. B.3.e. Transmitting Confidential Information Counselors take precautions to ensure the confidentiality of all information transmitted through the use of any medium. B.3.f. Deceased Clients Counselors protect the confidentiality of deceased clients, consistent with le- gal requirements and the documented preferences of the client. B.4. Groups and Families B.4.a. Group Work In group work, counselors clearly explain the importance and param- eters of confidentiality for the specific group. B.4.b. Couples and Family Counseling In couples and family counseling, coun- selors clearly define who is considered “the client” and discuss expectations and limitations of confidentiality. Counselors seek agreement and document in writing such agreement among all involved parties regarding the confidentiality of informa- tion. In the absence of an agreement to the contrary, the couple or family is considered to be the client. B.5. Clients Lacking Capacity to Give Informed Consent B.5.a. Responsibility to Clients When counseling minor clients or adult clients who lack the capacity to give voluntary, informed consent, counselors protect the confidentiality of informa- tion received—in any medium—in the counseling relationship as specified by federal and state laws, written policies, and applicable ethical standards. B.5.b. Responsibility to Parents and Legal Guardians Counselors inform parents and legal guardians about the role of counselors and the confidential nature of the coun- seling relationship, consistent with cur- rent legal and custodial arrangements. Counselors are sensitive to the cultural diversity of families and respect the inherent rights and responsibilities of parents/guardians regarding the wel- fare of their children/charges according to law. Counselors work to establish, as appropriate, collaborative relation- ships with parents/guardians to best serve clients. B.5.c. Release of Confidential Information When counseling minor clients or adult clients who lack the capacity to give voluntary consent to release confidential information, counselors seek permission from an appropriate third party to disclose information. In such instances, counselors inform clients consistent with their level of understanding and take appropriate measures to safeguard client confi- dentiality. B.6. Records and Documentation B.6.a. Creating and Maintaining Records and Documentation Counselors create and maintain records and documentation necessary for ren- dering professional services.

• ACA Code of Ethics • • 8 • B.6.i. Reasonable Precautions Counselors take reasonable precautions to protect client confidentiality in the event of the counselor’s termination of practice, incapacity, or death and ap- point a records custodian when identi- fied as appropriate. B.7. Case Consultation B.7.a. Respect for Privacy Information shared in a consulting relationship is discussed for profes- sional purposes only. Written and oral reports present only data germane to the purposes of the consultation, and every effort is made to protect client identity and to avoid undue invasion of privacy. B.7.b. Disclosure of Confidential Information When consulting with colleagues, counselors do not disclose confidential information that reasonably could lead to the identification of a client or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided. They disclose information only to the extent necessary to achieve the purposes of the consultation. Section C Professional Responsibility Introduction Counselors aspire to open, honest, and accurate communication in deal- ing with the public and other profes- sionals. Counselors facilitate access to counseling services, and they practice in a nondiscriminatory manner within the boundaries of professional and personal competence; they also have a responsibility to abide by the ACA Code of Ethics. Counselors actively participate in local, state, and national associations that foster the develop- ment and improvement of counseling. Counselors are expected to advocate to promote changes at the individual, group, institutional, and societal lev- els that improve the quality of life for individuals and groups and remove potential barriers to the provision or access of appropriate services being of- fered. Counselors have a responsibility to the public to engage in counseling practices that are based on rigorous re- B.6.b. Confidentiality of Records and Documentation Counselors ensure that records and documentation kept in any medium are secure and that only authorized persons have access to them. B.6.c. Permission to Record Counselors obtain permission from cli- ents prior to recording sessions through electronic or other means. B.6.d. Permission to Observe Counselors obtain permission from cli- ents prior to allowing any person to ob- serve counseling sessions, review session transcripts, or view recordings of sessions with supervisors, faculty, peers, or others within the training environment. B.6.e. Client Access Counselors provide reasonable access to records and copies of records when requested by competent clients. Coun- selors limit the access of clients to their records, or portions of their records, only when there is compelling evidence that such access would cause harm to the client. Counselors document the request of clients and the rationale for withholding some or all of the records in the files of clients. In situations involving multiple clients, counselors provide individual clients with only those parts of records that relate directly to them and do not include confidential information related to any other client. B.6.f. Assistance With Records When clients request access to their re- cords, counselors provide assistance and consultation in interpreting counseling records. B.6.g. Disclosure or Transfer Unless exceptions to confidentiality exist, counselors obtain written permis- sion from clients to disclose or transfer records to legitimate third parties. Steps are taken to ensure that receivers of counseling records are sensitive to their confidential nature. B.6.h. Storage and Disposal After Termination Counselors store records following ter- mination of services to ensure reasonable future access, maintain records in ac- cordance with federal and state laws and statutes such as licensure laws and policies governing records, and dispose of client records and other sensitive materials in a manner that protects client confidentiality. Counselors apply careful discretion and deliberation before destroying records that may be needed by a court of law, such as notes on child abuse, suicide, sexual harassment, or violence. search methodologies. Counselors are encouraged to contribute to society by devoting a portion of their professional activity to services for which there is little or no financial return (pro bono publico). In addition, counselors engage in self-care activities to maintain and promote their own emotional, physical, mental, and spiritual well-being to best meet their professional responsibilities. C.1. Knowledge of and Compliance With Standards Counselors have a responsibility to read, understand, and follow the ACA Code of Ethics and adhere to applicable laws and regulations. C.2. Professional Competence C.2.a. Boundaries of Competence Counselors practice only within the boundaries of their competence, based on their education, training, super- vised experience, state and national professional credentials, and appropri- ate professional experience. Whereas multicultural counseling competency is required across all counseling specialties, counselors gain knowledge, personal awareness, sensitivity, dispositions, and skills pertinent to being a culturally competent counselor in working with a diverse client population. C.2.b. New Specialty Areas of Practice Counselors practice in specialty areas new to them only after appropriate education, training, and supervised experience. While developing skills in new specialty areas, counselors take steps to ensure the competence of their work and protect others from possible harm. C.2.c. Qualified for Employment Counselors accept employment only for positions for which they are quali- fied given their education, training, supervised experience, state and national professional credentials, and appropriate professional experience. Counselors hire for professional coun- seling positions only individuals who are qualified and competent for those positions. C.2.d. Monitor Effectiveness Counselors continually monitor their effec- tiveness as professionals and take steps to improve when necessary. Counselors take reasonable steps to seek peer supervision to evaluate their efficacy as counselors.

• ACA Code of Ethics • • 9 • C.2.e. Consultations on Ethical Obligations Counselors take reasonable steps to consult with other counselors, the ACA Ethics and Professional Standards Department, or related professionals when they have questions regarding their ethical obligations or professional practice. C.2.f. Continuing Education Counselors recognize the need for con- tinuing education to acquire and main- tain a reasonable level of awareness of current scientific and professional information in their fields of activity. Counselors maintain their competence in the skills they use, are open to new procedures, and remain informed re- garding best practices for working with diverse populations. C.2.g. Impairment Counselors monitor themselves for signs of impairment from their own physical, mental, or emotional problems and refrain from offering or providing professional services when impaired. They seek assistance for problems that reach the level of professional impair- ment, and, if necessary, they limit, suspend, or terminate their professional responsibilities until it is determined that they may safely resume their work. Counselors assist colleagues or supervisors in recognizing their own professional impairment and provide consultation and assistance when war- ranted with colleagues or supervisors showing signs of impairment and intervene as appropriate to prevent imminent harm to clients. C.2.h. Counselor Incapacitation, Death, Retirement, or Termination of Practice Counselors prepare a plan for the trans- fer of clients and the dissemination of records to an identified colleague or records custodian in the case of the counselor’s incapacitation, death, retire- ment, or termination of practice. C.3. Advertising and Soliciting Clients C.3.a. Accurate Advertising When advertising or otherwise rep- resenting their services to the public, counselors identify their credentials in an accurate manner that is not false, misleading, deceptive, or fraudulent. C.3.b. Testimonials Counselors who use testimonials do not solicit them from current clients, former clients, or any other persons who may be vulnerable to undue influence. Counselors discuss with clients the implications of and obtain permission for the use of any testimonial. C.3.c. Statements by Others When feasible, counselors make reason- able efforts to ensure that statements made by others about them or about the counseling profession are accurate. C.3.d. Recruiting Through Employment Counselors do not use their places of employment or institutional affiliation to recruit clients, supervisors, or consultees for their private practices. C.3.e. Products and Training Advertisements Counselors who develop products related to their profession or conduct workshops or training events ensure that the advertisements concerning these products or events are accurate and disclose adequate information for consumers to make informed choices. C.3.f. Promoting to Those Served Counselors do not use counseling, teaching, training, or supervisory rela- tionships to promote their products or training events in a manner that is de- ceptive or would exert undue influence on individuals who may be vulnerable. However, counselor educators may adopt textbooks they have authored for instructional purposes. C.4. Professional Qualifications C.4.a. Accurate Representation Counselors claim or imply only profes- sional qualifications actually completed and correct any known misrepresenta- tions of their qualifications by others. Counselors truthfully represent the qual- ifications of their professional colleagues. Counselors clearly distinguish between paid and volunteer work experience and accurately describe their continuing education and specialized training. C.4.b. Credentials Counselors claim only licenses or certifica- tions that are current and in good standing. C.4.c. Educational Degrees Counselors clearly differentiate be- tween earned and honorary degrees. C.4.d. Implying Doctoral-Level Competence Counselors clearly state their highest earned degree in counseling or a closely related field. Counselors do not imply doctoral-level competence when pos- sessing a master’s degree in counseling or a related field by referring to them- selves as “Dr.” in a counseling context when their doctorate is not in counsel- ing or a related field. Counselors do not use “ABD” (all but dissertation) or other such terms to imply competency. C.4.e. Accreditation Status Counselors accurately represent the accreditation status of their degree pro- gram and college/university. C.4.f. Professional Membership Counselors clearly differentiate between current, active memberships and former memberships in associations. Members of ACA must clearly differentiate be- tween professional membership, which implies the possession of at least a mas- ter’s degree in counseling, and regular membership, which is open to indi- viduals whose interests and activities are consistent with those of ACA but are not qualified for professional membership. C.5. Nondiscrimination Counselors do not condone or engage in discrimination against prospective or current clients, students, employees, su- pervisees, or research participants based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, marital/ partnership status, language preference, socioeconomic status, immigration status, or any basis proscribed by law. C.6. Public Responsibility C.6.a. Sexual Harassment Counselors do not engage in or condone sexual harassment. Sexual harassment can consist of a single intense or severe act, or multiple persistent or pervasive acts. C.6.b. Reports to Third Parties Counselors are accurate, honest, and objective in reporting their professional activities and judgments to appropriate third parties, including courts, health insurance companies, those who are the recipients of evaluation reports, and others. C.6.c. Media Presentations When counselors provide advice or com- ment by means of public lectures, dem- onstrations, radio or television programs, recordings, technology-based applica- tions, printed articles, mailed material, or other media, they take reasonable precautions to ensure that

1. the statements are based on ap- propriate professional counsel- ing literature and practice,
2. the statements are otherwise consistent with the ACA Code of Ethics, and

• ACA Code of Ethics • • 10 • 3. the recipients of the information are not encouraged to infer that a professional counseling relation- ship has been established. C.6.d. Exploitation of Others Counselors do not exploit others in their professional relationships. C.6.e. Contributing to the Public Good (Pro Bono Publico) Counselors make a reasonable effort to provide services to the public for which there is little or no financial return (e.g., speaking to groups, shar- ing professional information, offering reduced fees). C.7. Treatment Modalities C.7.a. Scientific Basis for Treatment When providing services, counselors use techniques/procedures/modalities that are grounded in theory and/or have an empirical or scientific foundation. C.7.b. Development and Innovation When counselors use developing or innovative techniques/procedures/ modalities, they explain the potential risks, benefits, and ethical considerations of using such techniques/procedures/ modalities. Counselors work to minimize any potential risks or harm when using these techniques/procedures/modalities. C.7.c. Harmful Practices Counselors do not use techniques/pro- cedures/modalities when substantial evidence suggests harm, even if such services are requested. C.8. Responsibility to Other Professionals C.8.a. Personal Public Statements When making personal statements in a public context, counselors clarify that they are speaking from their personal perspec- tives and that they are not speaking on behalf of all counselors or the profession. Section D Relationships With Other Professionals Introduction Professional counselors recognize that the quality of their interactions with colleagues can influence the quality of services provided to clients. They work to become knowledgeable about colleagues within and outside the field of counseling. Counselors develop positive working relation- ships and systems of communication with colleagues to enhance services to clients. D.1. Relationships With Colleagues, Employers, and Employees D.1.a. Different Approaches Counselors are respectful of approaches that are grounded in theory and/or have an empirical or scientific founda- tion but may differ from their own. Counselors acknowledge the expertise of other professional groups and are respectful of their practices. D.1.b. Forming Relationships Counselors work to develop and strengthen relationships with col- leagues from other disciplines to best serve clients. D.1.c. Interdisciplinary Teamwork Counselors who are members of in- terdisciplinary teams delivering mul- tifaceted services to clients remain focused on how to best serve clients. They participate in and contribute to decisions that affect the well-being of clients by drawing on the perspectives, values, and experiences of the counsel- ing profession and those of colleagues from other disciplines. D.1.d. Establishing Professional and Ethical Obligations Counselors who are members of inter- disciplinary teams work together with team members to clarify professional and ethical obligations of the team as a whole and of its individual members. When a team decision raises ethical concerns, counselors first attempt to resolve the concern within the team. If they cannot reach resolution among team members, counselors pursue other avenues to address their concerns consistent with client well-being. D.1.e. Confidentiality When counselors are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative pro- ceedings, they clarify role expectations and the parameters of confidentiality with their colleagues. D.1.f. Personnel Selection and Assignment When counselors are in a position requiring personnel selection and/or assigning of responsibilities to others, they select competent staff and assign responsibilities compatible with their skills and experiences. D.1.g. Employer Policies The acceptance of employment in an agency or institution implies that counsel- ors are in agreement with its general poli- cies and principles. Counselors strive to reach agreement with employers regard- ing acceptable standards of client care and professional conduct that allow for changes in institutional policy conducive to the growth and development of clients. D.1.h. Negative Conditions Counselors alert their employers of inap- propriate policies and practices. They attempt to effect changes in such policies or procedures through constructive action within the organization. When such poli- cies are potentially disruptive or damaging to clients or may limit the effectiveness of services provided and change cannot be af- fected, counselors take appropriate further action. Such action may include referral to appropriate certification, accreditation, or state licensure organizations, or voluntary termination of employment. D.1.i. Protection From Punitive Action Counselors do not harass a colleague or employee or dismiss an employee who has acted in a responsible and ethical manner to expose inappropriate employer policies or practices. D.2. Provision of Consultation Services D.2.a. Consultant Competency Counselors take reasonable steps to ensure that they have the appropri- ate resources and competencies when providing consultation services. Coun- selors provide appropriate referral resources when requested or needed. D.2.b. Informed Consent in Formal Consultation When providing formal consultation services, counselors have an obligation to review, in writing and verbally, the rights and responsibilities of both counselors and consultees. Counselors use clear and understandable language to inform all parties involved about the purpose of the services to be provided, relevant costs, potential risks and benefits, and the limits of confidentiality.

• ACA Code of Ethics • • 11 • Section E Evaluation, Assessment, and Interpretation Introduction Counselors use assessment as one com- ponent of the counseling process, taking into account the clients’ personal and cultural context. Counselors promote the well-being of individual clients or groups of clients by developing and using ap- propriate educational, mental health, psychological, and career assessments. E.1. General E.1.a. Assessment The primary purpose of educational, mental health, psychological, and career assessment is to gather information regarding the client for a variety of purposes, including, but not limited to, client decision making, treatment planning, and forensic proceedings. As- sessment may include both qualitative and quantitative methodologies. E.1.b. Client Welfare Counselors do not misuse assessment results and interpretations, and they take reasonable steps to prevent others from misusing the information pro- vided. They respect the client’s right to know the results, the interpretations made, and the bases for counselors’ conclusions and recommendations. E.2. Competence to Use and Interpret Assessment Instruments E.2.a. Limits of Competence Counselors use only those testing and as- sessment services for which they have been trained and are competent. Counselors using technology-assisted test interpreta- tions are trained in the construct being measured and the specific instrument being used prior to using its technology- based application. Counselors take reason- able measures to ensure the proper use of assessment techniques by persons under their supervision. E.2.b. Appropriate Use Counselors are responsible for the appropriate application, scoring, inter- pretation, and use of assessment instru- ments relevant to the needs of the client, whether they score and interpret such assessments themselves or use technol- ogy or other services. E.2.c. Decisions Based on Results Counselors responsible for decisions involving individuals or policies that are based on assessment results have a thor- ough understanding of psychometrics. E.3. Informed Consent in Assessment E.3.a. Explanation to Clients Prior to assessment, counselors explain the nature and purposes of assessment and the specific use of results by po- tential recipients. The explanation will be given in terms and language that the client (or other legally authorized person on behalf of the client) can understand. E.3.b. Recipients of Results Counselors consider the client’s and/ or examinee’s welfare, explicit under- standings, and prior agreements in de- termining who receives the assessment results. Counselors include accurate and appropriate interpretations with any release of individual or group as- sessment results. E.4. Release of Data to Qualified Personnel Counselors release assessment data in which the client is identified only with the consent of the client or the client’s legal representative. Such data are released only to persons recognized by counselors as qualified to interpret the data. E.5. Diagnosis of Mental Disorders E.5.a. Proper Diagnosis Counselors take special care to provide proper diagnosis of mental disorders. Assessment techniques (including personal interviews) used to determine client care (e.g., locus of treatment, type of treatment, recommended follow-up) are carefully selected and appropri- ately used. E.5.b. Cultural Sensitivity Counselors recognize that culture affects the manner in which clients’ problems are defined and experienced. Clients’ socioeconomic and cultural experiences are considered when diag- nosing mental disorders. E.5.c. Historical and Social Prejudices in the Diagnosis of Pathology Counselors recognize historical and so- cial prejudices in the misdiagnosis and pathologizing of certain individuals and groups and strive to become aware of and address such biases in themselves or others. E.5.d. Refraining From Diagnosis Counselors may refrain from making and/or reporting a diagnosis if they believe that it would cause harm to the client or others. Counselors carefully consider both the positive and negative implications of a diagnosis. E.6. Instrument Selection E.6.a. Appropriateness of Instruments Counselors carefully consider the validity, reliability, psychometric limi- tations, and appropriateness of instru- ments when selecting assessments and, when possible, use multiple forms of assessment, data, and/or instruments in forming conclusions, diagnoses, or recommendations. E.6.b. Referral Information If a client is referred to a third party for assessment, the counselor provides specific referral questions and suf- ficient objective data about the client to ensure that appropriate assessment instruments are utilized. E.7. Conditions of Assessment Administration E.7.a. Administration Conditions Counselors administer assessments under the same conditions that were established in their standardization. When assessments are not administered under standard conditions, as may be necessary to accommodate clients with disabilities, or when unusual behavior or irregularities occur during the admin- istration, those conditions are noted in interpretation, and the results may be designated as invalid or of question- able validity. E.7.b. Provision of Favorable Conditions Counselors provide an appropriate environment for the administration of assessments (e.g., privacy, comfort, freedom from distraction). E.7.c. Technological Administration Counselors ensure that technologi- cally administered assessments func- tion properly and provide clients with accurate results.

• ACA Code of Ethics • • 12 • adults who lack the capacity to give voluntary consent are being evaluated, informed written consent is obtained from a parent or guardian. E.13.c. Client Evaluation Prohibited Counselors do not evaluate current or former clients, clients’ romantic partners, or clients’ family members for forensic purposes. Counselors do not counsel individuals they are evaluating. E.13.d. Avoid Potentially Harmful Relationships Counselors who provide forensic evaluations avoid potentially harmful professional or personal relationships with family members, romantic part- ners, and close friends of individuals they are evaluating or have evaluated in the past. Section F Supervision, Training, and Teaching Introduction Counselor supervisors, trainers, and educators aspire to foster meaningful and respectful professional relation- ships and to maintain appropriate boundaries with supervisees and students in both face-to-face and elec- tronic formats. They have theoretical and pedagogical foundations for their work; have knowledge of supervision models; and aim to be fair, accurate, and honest in their assessments of counselors, students, and supervisees. F.1. Counselor Supervision and Client Welfare F.1.a. Client Welfare A primary obligation of counseling supervisors is to monitor the services provided by supervisees. Counseling supervisors monitor client welfare and supervisee performance and profes- sional development. To fulfill these obligations, supervisors meet regularly with supervisees to review the super- visees’ work and help them become prepared to serve a range of diverse clients. Supervisees have a responsibil- ity to understand and follow the ACA Code of Ethics. F.1.b. Counselor Credentials Counseling supervisors work to ensure that supervisees communicate their E.7.d. Unsupervised Assessments Unless the assessment instrument is designed, intended, and validated for self-administration and/or scoring, counselors do not permit unsupervised use. E.8. Multicultural Issues/ Diversity in Assessment Counselors select and use with cau- tion assessment techniques normed on populations other than that of the client. Counselors recognize the effects of age, color, culture, disability, ethnic group, gender, race, language pref- erence, religion, spirituality, sexual orientation, and socioeconomic status on test administration and interpre- tation, and they place test results in proper perspective with other relevant factors. E.9. Scoring and Interpretation of Assessments E.9.a. Reporting When counselors report assessment re- sults, they consider the client’s personal and cultural background, the level of the client’s understanding of the results, and the impact of the results on the client. In reporting assessment results, counselors indicate reservations that exist regarding validity or reliability due to circumstances of the assessment or inappropriateness of the norms for the person tested. E.9.b. Instruments With Insufficient Empirical Data Counselors exercise caution when interpreting the results of instruments not having sufficient empirical data to support respondent results. The specific purposes for the use of such instruments are stated explicitly to the examinee. Counselors qualify any conclusions, di- agnoses, or recommendations made that are based on assessments or instruments with questionable validity or reliability. E.9.c. Assessment Services Counselors who provide assessment, scoring, and interpretation services to support the assessment process confirm the validity of such interpretations. They accurately describe the purpose, norms, validity, reliability, and applica- tions of the procedures and any special qualifications applicable to their use. At all times, counselors maintain their ethical responsibility to those being assessed. E.10. Assessment Security Counselors maintain the integrity and security of tests and assessments consistent with legal and contractual obligations. Counselors do not appro- priate, reproduce, or modify published assessments or parts thereof without acknowledgment and permission from the publisher. E.11. Obsolete Assessment and Outdated Results Counselors do not use data or results from assessments that are obsolete or outdated for the current purpose (e.g., noncurrent versions of assessments/ instruments). Counselors make every effort to prevent the misuse of obsolete measures and assessment data by others. E.12. Assessment Construction Counselors use established scientific procedures, relevant standards, and current professional knowledge for assessment design in the development, publication, and utilization of assess- ment techniques. E.13. Forensic Evaluation: Evaluation for Legal Proceedings E.13.a. Primary Obligations When providing forensic evaluations, the primary obligation of counselors is to produce objective findings that can be substantiated based on information and techniques appropriate to the evalua- tion, which may include examination of the individual and/or review of records. Counselors form professional opinions based on their professional knowledge and expertise that can be supported by the data gathered in evaluations. Counselors define the limits of their reports or testimony, especially when an examination of the individual has not been conducted. E.13.b. Consent for Evaluation Individuals being evaluated are in- formed in writing that the relationship is for the purposes of an evaluation and is not therapeutic in nature, and enti- ties or individuals who will receive the evaluation report are identified. Coun- selors who perform forensic evalua- tions obtain written consent from those being evaluated or from their legal representative unless a court orders evaluations to be conducted without the written consent of the individuals being evaluated. When children or

• ACA Code of Ethics • • 13 • qualifications to render services to their clients. F.1.c. Informed Consent and Client Rights Supervisors make supervisees aware of client rights, including the protection of client privacy and confidentiality in the counseling relationship. Supervis- ees provide clients with professional disclosure information and inform them of how the supervision process influences the limits of confidential- ity. Supervisees make clients aware of who will have access to records of the counseling relationship and how these records will be stored, transmitted, or otherwise reviewed. F.2. Counselor Supervision Competence F.2.a. Supervisor Preparation Prior to offering supervision services, counselors are trained in supervision methods and techniques. Counselors who offer supervision services regularly pursue continuing education activities, including both counseling and supervi- sion topics and skills. F.2.b. Multicultural Issues/ Diversity in Supervision Counseling supervisors are aware of and address the role of multiculturalism/ diversity in the supervisory relationship. F.2.c. Online Supervision When using technology in supervision, counselor supervisors are competent in the use of those technologies. Supervi- sors take the necessary precautions to protect the confidentiality of all information transmitted through any electronic means. F.3. Supervisory Relationship F.3.a. Extending Conventional Supervisory Relationships Counseling supervisors clearly define and maintain ethical professional, personal, and social relationships with their supervisees. Supervisors con- sider the risks and benefits of extend- ing current supervisory relationships in any form beyond conventional parameters. In extending these bound- aries, supervisors take appropriate professional precautions to ensure that judgment is not impaired and that no harm occurs. F.3.b. Sexual Relationships Sexual or romantic interactions or rela- tionships with current supervisees are prohibited. This prohibition applies to both in-person and electronic interac- tions or relationships. F.3.c. Sexual Harassment Counseling supervisors do not con- done or subject supervisees to sexual harassment. F.3.d. Friends or Family Members Supervisors are prohibited from engag- ing in supervisory relationships with individuals with whom they have an inability to remain objective. F.4. Supervisor Responsibilities F.4.a. Informed Consent for Supervision Supervisors are responsible for incor- porating into their supervision the principles of informed consent and participation. Supervisors inform su- pervisees of the policies and procedures to which supervisors are to adhere and the mechanisms for due process appeal of individual supervisor actions. The issues unique to the use of distance supervision are to be included in the documentation as necessary. F.4.b. Emergencies and Absences Supervisors establish and communi- cate to supervisees procedures for con- tacting supervisors or, in their absence, alternative on-call supervisors to assist in handling crises. F.4.c. Standards for Supervisees Supervisors make their supervisees aware of professional and ethical standards and legal responsibilities. F.4.d. Termination of the Supervisory Relationship Supervisors or supervisees have the right to terminate the supervisory relationship with adequate notice. Rea- sons for considering termination are discussed, and both parties work to resolve differences. When termination is warranted, supervisors make appro- priate referrals to possible alternative supervisors. F.5. Student and Supervisee Responsibilities F.5.a. Ethical Responsibilities Students and supervisees have a re- sponsibility to understand and follow the ACA Code of Ethics. Students and supervisees have the same obligation to clients as those required of professional counselors. F.5.b. Impairment Students and supervisees monitor themselves for signs of impairment from their own physical, mental, or emotional problems and refrain from offering or providing professional services when such impairment is likely to harm a client or others. They notify their faculty and/or supervi- sors and seek assistance for problems that reach the level of professional impairment, and, if necessary, they limit, suspend, or terminate their professional responsibilities until it is determined that they may safely resume their work. F.5.c. Professional Disclosure Before providing counseling services, students and supervisees disclose their status as supervisees and explain how this status affects the limits of confidentiality. Supervisors ensure that clients are aware of the services rendered and the qualifications of the students and supervisees rendering those services. Students and super- visees obtain client permission before they use any information concerning the counseling relationship in the training process. F.6. Counseling Supervision Evaluation, Remediation, and Endorsement F.6.a. Evaluation Supervisors document and provide supervisees with ongoing feedback regarding their performance and schedule periodic formal evaluative sessions throughout the supervisory relationship. F.6.b. Gatekeeping and Remediation Through initial and ongoing evalua- tion, supervisors are aware of super- visee limitations that might impede performance. Supervisors assist su- pervisees in securing remedial assis- tance when needed. They recommend dismissal from training programs, applied counseling settings, and state or voluntary professional credential- ing processes when those supervisees are unable to demonstrate that they can provide competent professional services to a range of diverse clients. Supervisors seek consultation and document their decisions to dismiss or refer supervisees for assistance. They ensure that supervisees are aware of options available to them to address such decisions.

• ACA Code of Ethics • • 14 • F.6.c. Counseling for Supervisees If supervisees request counseling, the supervisor assists the supervisee in identifying appropriate services. Su- pervisors do not provide counseling services to supervisees. Supervisors address interpersonal competencies in terms of the impact of these issues on clients, the supervisory relationship, and professional functioning. F.6.d. Endorsements Supervisors endorse supervisees for certification, licensure, employment, or completion of an academic or train- ing program only when they believe that supervisees are qualified for the endorsement. Regardless of qualifi- cations, supervisors do not endorse supervisees whom they believe to be impaired in any way that would inter- fere with the performance of the duties associated with the endorsement. F.7. Responsibilities of Counselor Educators F.7.a. Counselor Educators Counselor educators who are respon- sible for developing, implementing, and supervising educational programs are skilled as teachers and practitio- ners. They are knowledgeable regard- ing the ethical, legal, and regulatory aspects of the profession; are skilled in applying that knowledge; and make students and supervisees aware of their responsibilities. Whether in traditional, hybrid, and/or online formats, counselor educators conduct counselor education and training programs in an ethical manner and serve as role models for professional behavior. F.7.b. Counselor Educator Competence Counselors who function as counselor educators or supervisors provide in- struction within their areas of knowl- edge and competence and provide instruction based on current informa- tion and knowledge available in the profession. When using technology to deliver instruction, counselor educators develop competence in the use of the technology. F.7.c. Infusing Multicultural Issues/Diversity Counselor educators infuse material related to multiculturalism/diver- sity into all courses and workshops for the development of professional counselors. F.7.d. Integration of Study and Practice In traditional, hybrid, and/or online formats, counselor educators establish education and training programs that integrate academic study and super- vised practice. F.7.e. Teaching Ethics Throughout the program, counselor educators ensure that students are aware of the ethical responsibilities and standards of the profession and the ethical responsibilities of students to the profession. Counselor educators infuse ethical considerations throughout the curriculum. F.7.f. Use of Case Examples The use of client, student, or supervisee information for the purposes of case ex- amples in a lecture or classroom setting is permissible only when (a) the client, student, or supervisee has reviewed the material and agreed to its presentation or (b) the information has been suf- ficiently modified to obscure identity. F.7.g. Student-to-Student Supervision and Instruction When students function in the role of counselor educators or supervisors, they understand that they have the same ethical obligations as counselor educators, trainers, and supervisors. Counselor educators make every effort to ensure that the rights of students are not compromised when their peers lead experiential counseling activities in tra- ditional, hybrid, and/or online formats (e.g., counseling groups, skills classes, clinical supervision). F.7.h. Innovative Theories and Techniques Counselor educators promote the use of techniques/procedures/modalities that are grounded in theory and/or have an empirical or scientific founda- tion. When counselor educators discuss developing or innovative techniques/ procedures/modalities, they explain the potential risks, benefits, and ethical con- siderations of using such techniques/ procedures/modalities. F.7.i. Field Placements Counselor educators develop clear policies and provide direct assistance within their training programs regard- ing appropriate field placement and other clinical experiences. Counselor educators provide clearly stated roles and responsibilities for the student or supervisee, the site supervisor, and the program supervisor. They confirm that site supervisors are qualified to provide supervision in the formats in which services are provided and inform site supervisors of their professional and ethical responsibilities in this role. F.8. Student Welfare F.8.a. Program Information and Orientation Counselor educators recognize that program orientation is a developmen- tal process that begins upon students’ initial contact with the counselor educa- tion program and continues throughout the educational and clinical training of students. Counselor education fac- ulty provide prospective and current students with information about the counselor education program’s expecta- tions, including

1. the values and ethical principles of the profession;
2. the type and level of skill and knowledge acquisition required for successful completion of the training;
3. technology requirements;
4. program training goals, objectives, and mission, and subject matter to be covered;
5. bases for evaluation;
6. training components that encour- age self-growth or self-disclosure as part of the training process;
7. the type of supervision settings and requirements of the sites for required clinical field experiences;
8. student and supervisor evalua- tion and dismissal policies and procedures; and
9. up-to-date employment pros- pects for graduates. F.8.b. Student Career Advising Counselor educators provide career advisement for their students and make them aware of opportunities in the field. F.8.c. Self-Growth Experiences Self-growth is an expected component of counselor education. Counselor edu- cators are mindful of ethical principles when they require students to engage in self-growth experiences. Counselor educators and supervisors inform stu- dents that they have a right to decide what information will be shared or withheld in class. F.8.d. Addressing Personal Concerns Counselor educators may require stu- dents to address any personal concerns that have the potential to affect profes- sional competency.

• ACA Code of Ethics • • 15 • F.11.b. Student Diversity Counselor educators actively attempt to recruit and retain a diverse student body. Counselor educators demonstrate commitment to multicultural/diversity competence by recognizing and valuing the diverse cultures and types of abili- ties that students bring to the training experience. Counselor educators pro- vide appropriate accommodations that enhance and support diverse student well-being and academic performance. F.11.c. Multicultural/Diversity Competence Counselor educators actively infuse multicultural/diversity competency in their training and supervision practices. They actively train students to gain awareness, knowledge, and skills in the competencies of multicultural practice. Section G Research and Publication Introduction Counselors who conduct research are encouraged to contribute to the knowl- edge base of the profession and promote a clearer understanding of the condi- tions that lead to a healthy and more just society. Counselors support the efforts of researchers by participating fully and willingly whenever possible. Counselors minimize bias and respect diversity in designing and implement- ing research. G.1. Research Responsibilities G.1.a. Conducting Research Counselors plan, design, conduct, and report research in a manner that is con- sistent with pertinent ethical principles, federal and state laws, host institutional regulations, and scientific standards governing research. G.1.b. Confidentiality in Research Counselors are responsible for under- standing and adhering to state, federal, agency, or institutional policies or appli- cable guidelines regarding confidential- ity in their research practices. G.1.c. Independent Researchers When counselors conduct independent research and do not have access to an institutional review board, they are bound to the same ethical principles and F.9. Evaluation and Remediation F.9.a. Evaluation of Students Counselor educators clearly state to stu- dents, prior to and throughout the train- ing program, the levels of competency expected, appraisal methods, and timing of evaluations for both didactic and clini- cal competencies. Counselor educators provide students with ongoing feedback regarding their performance throughout the training program. F.9.b. Limitations Counselor educators, through ongoing evaluation, are aware of and address the inability of some students to achieve counseling competencies. Counselor educators do the following:

1. assist students in securing reme- dial assistance when needed,
2. seek professional consultation and document their decision to dismiss or refer students for assistance, and
3. ensure that students have recourse in a timely manner to address decisions requiring them to seek assistance or to dismiss them and provide students with due process according to institutional policies and procedures. F.9.c. Counseling for Students If students request counseling, or if counseling services are suggested as part of a remediation process, counselor educators assist students in identifying appropriate services. F.10. Roles and Relationships Between Counselor Educators and Students F.10.a. Sexual or Romantic Relationships Counselor educators are prohibited from sexual or romantic interactions or relationships with students currently enrolled in a counseling or related pro- gram and over whom they have power and authority. This prohibition applies to both in-person and electronic interac- tions or relationships. F.10.b. Sexual Harassment Counselor educators do not condone or subject students to sexual harassment. F.10.c. Relationships With Former Students Counselor educators are aware of the power differential in the relationship between faculty and students. Faculty members discuss with former students potential risks when they consider engaging in social, sexual, or other in- timate relationships. F.10.d. Nonacademic Relationships Counselor educators avoid nonacademic relationships with students in which there is a risk of potential harm to the student or which may compromise the training experience or grades assigned. In addition, counselor educators do not accept any form of professional services, fees, commissions, reimbursement, or remuneration from a site for student or supervisor placement. F.10.e. Counseling Services Counselor educators do not serve as counselors to students currently enrolled in a counseling or related pro- gram and over whom they have power and authority. F.10.f. Extending Educator– Student Boundaries Counselor educators are aware of the power differential in the relationship between faculty and students. If they believe that a nonprofessional relation- ship with a student may be potentially beneficial to the student, they take pre- cautions similar to those taken by counselors when working with clients. Examples of potentially beneficial in- teractions or relationships include, but are not limited to, attending a formal ceremony; conducting hospital visits; providing support during a stressful event; or maintaining mutual mem- bership in a professional association, organization, or community. Coun- selor educators discuss with students the rationale for such interactions, the potential benefits and drawbacks, and the anticipated consequences for the student. Educators clarify the specific nature and limitations of the additional role(s) they will have with the student prior to engaging in a nonprofessional relationship. Nonprofessional relation- ships with students should be time limited and/or context specific and initiated with student consent. F.11. Multicultural/Diversity Competence in Counselor Education and Training Programs F.11.a. Faculty Diversity Counselor educators are committed to recruiting and retaining a diverse faculty.

• ACA Code of Ethics • • 16 • federal and state laws pertaining to the review of their plan, design, conduct, and reporting of research. G.1.d. Deviation From Standard Practice Counselors seek consultation and ob- serve stringent safeguards to protect the rights of research participants when research indicates that a deviation from standard or acceptable practices may be necessary. G.1.e. Precautions to Avoid Injury Counselors who conduct research are responsible for their participants’ wel- fare throughout the research process and should take reasonable precautions to avoid causing emotional, physical, or social harm to participants. G.1.f. Principal Researcher Responsibility The ultimate responsibility for ethical research practice lies with the principal researcher. All others involved in the re- search activities share ethical obligations and responsibility for their own actions. G.2. Rights of Research Participants G.2.a. Informed Consent in Research Individuals have the right to decline requests to become research partici- pants. In seeking consent, counselors use language that

1. accurately explains the purpose and procedures to be followed;
2. identifies any procedures that are experimental or relatively untried;
3. describes any attendant discom- forts, risks, and potential power differentials between researchers and participants;
4. describes any benefits or changes in individuals or organizations that might reasonably be expected;
5. discloses appropriate alternative procedures that would be advan- tageous for participants;
6. offers to answer any inquiries concerning the procedures;
7. describes any limitations on confidentiality;
8. describes the format and potential target audiences for the dissemi- nation of research findings; and
9. instructs participants that they are free to withdraw their con- sent and discontinue participa- tion in the project at any time, without penalty. G.2.b. Student/Supervisee Participation Researchers who involve students or supervisees in research make clear to them that the decision regarding par- ticipation in research activities does not affect their academic standing or supervisory relationship. Students or supervisees who choose not to partici- pate in research are provided with an appropriate alternative to fulfill their academic or clinical requirements. G.2.c. Client Participation Counselors conducting research involv- ing clients make clear in the informed consent process that clients are free to choose whether to participate in re- search activities. Counselors take neces- sary precautions to protect clients from adverse consequences of declining or withdrawing from participation. G.2.d. Confidentiality of Information Information obtained about research participants during the course of re- search is confidential. Procedures are implemented to protect confidentiality. G.2.e. Persons Not Capable of Giving Informed Consent When a research participant is not capable of giving informed consent, counselors provide an appropriate explanation to, obtain agreement for participation from, and obtain the ap- propriate consent of a legally authorized person. G.2.f. Commitments to Participants Counselors take reasonable measures to honor all commitments to research participants. G.2.g. Explanations After Data Collection After data are collected, counselors provide participants with full clarifi- cation of the nature of the study to re- move any misconceptions participants might have regarding the research. Where scientific or human values justify delaying or withholding infor- mation, counselors take reasonable measures to avoid causing harm. G.2.h. Informing Sponsors Counselors inform sponsors, insti- tutions, and publication channels regarding research procedures and outcomes. Counselors ensure that appropriate bodies and authorities are given pertinent information and acknowledgment. G.2.i. Research Records Custodian As appropriate, researchers prepare and disseminate to an identified colleague or records custodian a plan for the transfer of research data in the case of their inca- pacitation, retirement, or death. G.3. Managing and Maintaining Boundaries G.3.a. Extending Researcher– Participant Boundaries Researchers consider the risks and ben- efits of extending current research rela- tionships beyond conventional param- eters. When a nonresearch interaction between the researcher and the research participant may be potentially ben- eficial, the researcher must document, prior to the interaction (when feasible), the rationale for such an interaction, the potential benefit, and anticipated con- sequences for the research participant. Such interactions should be initiated with appropriate consent of the research participant. Where unintentional harm occurs to the research participant, the researcher must show evidence of an attempt to remedy such harm. G.3.b. Relationships With Research Participants Sexual or romantic counselor–research participant interactions or relationships with current research participants are prohibited. This prohibition applies to both in-person and electronic interactions or relationships. G.3.c. Sexual Harassment and Research Participants Researchers do not condone or subject re- search participants to sexual harassment. G.4. Reporting Results G.4.a. Accurate Results Counselors plan, conduct, and report research accurately. Counselors do not engage in misleading or fraudulent re- search, distort data, misrepresent data, or deliberately bias their results. They describe the extent to which results are applicable for diverse populations. G.4.b. Obligation to Report Unfavorable Results Counselors report the results of any research of professional value. Results that reflect unfavorably on institutions, programs, services, prevailing opinions, or vested interests are not withheld. G.4.c. Reporting Errors If counselors discover significant errors in their published research, they take

• ACA Code of Ethics • • 17 • G.5.e. Agreement of Contributors Counselors who conduct joint research with colleagues or students/supervi- sors establish agreements in advance re- garding allocation of tasks, publication credit, and types of acknowledgment that will be received. G.5.f. Student Research Manuscripts or professional presen- tations in any medium that are sub- stantially based on a student’s course papers, projects, dissertations, or theses are used only with the student’s permis- sion and list the student as lead author. G.5.g. Duplicate Submissions Counselors submit manuscripts for con- sideration to only one journal at a time. Manuscripts that are published in whole or in substantial part in one journal or published work are not submitted for publication to another publisher with- out acknowledgment and permission from the original publisher. G.5.h. Professional Review Counselors who review material sub- mitted for publication, research, or other scholarly purposes respect the confidentiality and proprietary rights of those who submitted it. Counselors make publication decisions based on valid and defensible standards. Coun- selors review article submissions in a timely manner and based on their scope and competency in research methodolo- gies. Counselors who serve as reviewers at the request of editors or publishers make every effort to only review ma- terials that are within their scope of competency and avoid personal biases. Section H Distance Counseling, Technology, and Social Media Introduction Counselors understand that the profes- sion of counseling may no longer be limited to in-person, face-to-face inter- actions. Counselors actively attempt to understand the evolving nature of the profession with regard to distance coun- seling, technology, and social media and how such resources may be used to bet- ter serve their clients. Counselors strive to become knowledgeable about these resources. Counselors understand the reasonable steps to correct such errors in a correction erratum or through other appropriate publication means. G.4.d. Identity of Participants Counselors who supply data, aid in the research of another person, report research results, or make original data available take due care to disguise the identity of respective participants in the absence of specific authorization from the participants to do otherwise. In situations where participants self- identify their involvement in research studies, researchers take active steps to ensure that data are adapted/ changed to protect the identity and welfare of all parties and that discus- sion of results does not cause harm to participants. G.4.e. Replication Studies Counselors are obligated to make available sufficient original research information to qualified professionals who may wish to replicate or extend the study. G.5. Publications and Presentations G.5.a. Use of Case Examples The use of participants’, clients’, stu- dents’, or supervisees’ information for the purpose of case examples in a presentation or publication is permis- sible only when (a) participants, clients, students, or supervisees have reviewed the material and agreed to its presenta- tion or publication or (b) the informa- tion has been sufficiently modified to obscure identity. G.5.b. Plagiarism Counselors do not plagiarize; that is, they do not present another person’s work as their own. G.5.c. Acknowledging Previous Work In publications and presentations, counselors acknowledge and give rec- ognition to previous work on the topic by others or self. G.5.d. Contributors Counselors give credit through joint authorship, acknowledgment, foot- note statements, or other appropriate means to those who have contributed significantly to research or concept development in accordance with such contributions. The principal contribu- tor is listed first, and minor technical or professional contributions are ac- knowledged in notes or introductory statements. additional concerns related to the use of distance counseling, technology, and social media and make every attempt to protect confidentiality and meet any legal and ethical requirements for the use of such resources. H.1. Knowledge and Legal Considerations H.1.a. Knowledge and Competency Counselors who engage in the use of distance counseling, technology, and/ or social media develop knowledge and skills regarding related technical, ethical, and legal considerations (e.g., special certifications, additional course work). H.1.b. Laws and Statutes Counselors who engage in the use of dis- tance counseling, technology, and social media within their counseling practice understand that they may be subject to laws and regulations of both the coun- selor’s practicing location and the client’s place of residence. Counselors ensure that their clients are aware of pertinent legal rights and limitations governing the practice of counseling across state lines or international boundaries. H.2. Informed Consent and Security H.2.a. Informed Consent and Disclosure Clients have the freedom to choose whether to use distance counseling, social media, and/or technology within the counseling process. In addition to the usual and customary protocol of informed consent between counselor and client for face-to-face counseling, the following issues, unique to the use of distance counseling, technology, and/ or social media, are addressed in the informed consent process: • distance counseling credentials, physical location of practice, and contact information; • risks and benefits of engaging in the use of distance counseling, technology, and/or social media; • possibility of technology failure and alternate methods of service delivery; • anticipated response time; • emergency procedures to follow when the counselor is not available; • time zone differences; • cultural and/or language differ- ences that may affect delivery of services;

• ACA Code of Ethics • • 18 • H.5.b. Client Rights Counselors who offer distance counseling services and/or maintain a professional website provide electronic links to rel- evant licensure and professional certifica- tion boards to protect consumer and client rights and address ethical concerns. H.5.c. Electronic Links Counselors regularly ensure that elec- tronic links are working and are profes- sionally appropriate. H.5.d. Multicultural and Disability Considerations Counselors who maintain websites provide accessibility to persons with disabilities. They provide translation ca- pabilities for clients who have a different primary language, when feasible. Coun- selors acknowledge the imperfect nature of such translations and accessibilities. H.6. Social Media H.6.a. Virtual Professional Presence In cases where counselors wish to maintain a professional and personal presence for social media use, separate professional and personal web pages and profiles are created to clearly distin- guish between the two kinds of virtual presence. H.6.b. Social Media as Part of Informed Consent Counselors clearly explain to their clients, as part of the informed consent procedure, the benefits, limitations, and boundaries of the use of social media. H.6.c. Client Virtual Presence Counselors respect the privacy of their clients’ presence on social media unless given consent to view such information. H.6.d. Use of Public Social Media Counselors take precautions to avoid disclosing confidential information through public social media. Section I Resolving Ethical Issues Introduction Professional counselors behave in an ethical and legal manner. They are aware that client welfare and trust in • possible denial of insurance benefits; and • social media policy. H.2.b. Confidentiality Maintained by the Counselor Counselors acknowledge the limitations of maintaining the confidentiality of electronic records and transmissions. They inform clients that individuals might have authorized or unauthorized access to such records or transmissions (e.g., colleagues, supervisors, employ- ees, information technologists). H.2.c. Acknowledgment of Limitations Counselors inform clients about the inherent limits of confidentiality when using technology. Counselors urge clients to be aware of authorized and/ or unauthorized access to information disclosed using this medium in the counseling process. H.2.d. Security Counselors use current encryption stan- dards within their websites and/or tech- nology-based communications that meet applicable legal requirements. Counselors take reasonable precautions to ensure the confidentiality of information transmitted through any electronic means. H.3. Client Verification Counselors who engage in the use of distance counseling, technology, and/ or social media to interact with clients take steps to verify the client’s identity at the beginning and throughout the therapeutic process. Verification can include, but is not limited to, using code words, numbers, graphics, or other nondescript identifiers. H.4. Distance Counseling Relationship H.4.a. Benefits and Limitations Counselors inform clients of the benefits and limitations of using technology ap- plications in the provision of counseling services. Such technologies include, but are not limited to, computer hardware and/or software, telephones and applications, so- cial media and Internet-based applications and other audio and/or video communi- cation, or data storage devices or media. H.4.b. Professional Boundaries in Distance Counseling Counselors understand the necessity of maintaining a professional relationship with their clients. Counselors discuss and establish professional boundaries with clients regarding the appropriate use and/or application of technology and the limitations of its use within the counseling relationship (e.g., lack of confidentiality, times when not ap- propriate to use). H.4.c. Technology-Assisted Services When providing technology-assisted services, counselors make reasonable efforts to determine that clients are intellectually, emotionally, physically, linguistically, and functionally capable of using the application and that the ap- plication is appropriate for the needs of the client. Counselors verify that clients understand the purpose and operation of technology applications and follow up with clients to correct possible mis- conceptions, discover appropriate use, and assess subsequent steps. H.4.d. Effectiveness of Services When distance counseling services are deemed ineffective by the counselor or client, counselors consider delivering services face-to-face. If the counselor is not able to provide face-to-face services (e.g., lives in another state), the coun- selor assists the client in identifying appropriate services. H.4.e. Access Counselors provide information to clients regarding reasonable access to pertinent applications when providing technology-assisted services. H.4.f. Communication Differences in Electronic Media Counselors consider the differences be- tween face-to-face and electronic com- munication (nonverbal and verbal cues) and how these may affect the counseling process. Counselors educate clients on how to prevent and address potential misunderstandings arising from the lack of visual cues and voice intonations when communicating electronically. H.5. Records and Web Maintenance H.5.a. Records Counselors maintain electronic records in accordance with relevant laws and statutes. Counselors inform clients on how records are maintained electroni- cally. This includes, but is not limited to, the type of encryption and security assigned to the records, and if/for how long archival storage of transaction records is maintained.

• ACA Code of Ethics • • 19 • the profession depend on a high level of professional conduct. They hold other counselors to the same standards and are willing to take appropriate action to ensure that standards are upheld. Counselors strive to resolve ethical dilemmas with direct and open commu- nication among all parties involved and seek consultation with colleagues and supervisors when necessary. Counselors incorporate ethical practice into their daily professional work and engage in ongoing professional development regarding current topics in ethical and legal issues in counseling. Counselors become familiar with the ACA Policy and Procedures for Processing Com- plaints of Ethical Violations 1 and use it as a reference for assisting in the enforcement of the ACA Code of Ethics. I.1. Standards and the Law I.1.a. Knowledge Counselors know and understand the ACA Code of Ethics and other applicable ethics codes from professional organiza- tions or certification and licensure bod- ies of which they are members. Lack of knowledge or misunderstanding of an ethical responsibility is not a defense against a charge of unethical conduct. I.1.b. Ethical Decision Making When counselors are faced with an eth- ical dilemma, they use and document, as appropriate, an ethical decision- making model that may include, but is not limited to, consultation; consid- eration of relevant ethical standards, principles, and laws; generation of potential courses of action; deliberation of risks and benefits; and selection of an objective decision based on the cir- cumstances and welfare of all involved. I.1.c. Conflicts Between Ethics and Laws If ethical responsibilities conflict with the law, regulations, and/or other gov- erning legal authority, counselors make known their commitment to the ACA Code of Ethics and take steps to resolve the conflict. If the conflict cannot be re- solved using this approach, counselors, acting in the best interest of the client, may adhere to the requirements of the law, regulations, and/or other govern- ing legal authority. I.2. Suspected Violations I.2.a. Informal Resolution When counselors have reason to believe that another counselor is violating or has violated an ethical standard and substan- tial harm has not occurred, they attempt to first resolve the issue informally with the other counselor if feasible, provided such action does not violate confidential- ity rights that may be involved. I.2.b. Reporting Ethical Violations If an apparent violation has substantially harmed or is likely to substantially harm a person or organization and is not ap- propriate for informal resolution or is not resolved properly, counselors take fur- ther action depending on the situation. Such action may include referral to state or national committees on professional ethics, voluntary national certification bodies, state licensing boards, or ap- propriate institutional authorities. The confidentiality rights of clients should be considered in all actions. This standard does not apply when counselors have been retained to review the work of another counselor whose professional conduct is in question (e.g., consultation, expert testimony). I.2.c. Consultation When uncertain about whether a particular situation or course of ac- tion may be in violation of the ACA Code of Ethics, counselors consult with other counselors who are knowledge- able about ethics and the ACA Code of Ethics, with colleagues, or with appropriate authorities, such as the ACA Ethics and Professional Stan- dards Department. I.2.d. Organizational Conflicts If the demands of an organization with which counselors are affiliated pose a conflict with the ACA Code of Ethics, counselors specify the nature of such conflicts and express to their supervi- sors or other responsible officials their commitment to the ACA Code of Ethics and, when possible, work through the appropriate channels to address the situation. I.2.e. Unwarranted Complaints Counselors do not initiate, participate in, or encourage the filing of ethics com- plaints that are retaliatory in nature or are made with reckless disregard or willful ignorance of facts that would disprove the allegation. I.2.f. Unfair Discrimination Against Complainants and Respondents Counselors do not deny individuals employment, advancement, admission to academic or other programs, tenure, or promotion based solely on their having made or their being the subject of an ethics complaint. This does not preclude taking action based on the outcome of such proceedings or con- sidering other appropriate information. I.3. Cooperation With Ethics Committees Counselors assist in the process of enforcing the ACA Code of Ethics. Counselors cooperate with investiga- tions, proceedings, and requirements of the ACA Ethics Committee or eth- ics committees of other duly consti- tuted associations or boards having jurisdiction over those charged with a violation. 1 See the American Counseling Association web site at http://www.counseling.org/knowledge-center/ethics

• ACA Code of Ethics • • 20 • Glossary of Terms Abandonment – the inappropriate ending or arbitrary ter- mination of a counseling relationship that puts the client at risk. Advocacy – promotion of the well-being of individuals, groups, and the counseling profession within systems and organiza- tions. Advocacy seeks to remove barriers and obstacles that inhibit access, growth, and development. Assent – to demonstrate agreement when a person is oth- erwise not capable or competent to give formal consent (e.g., informed consent) to a counseling service or plan. Assessment – the process of collecting in-depth information about a person in order to develop a comprehensive plan that will guide the collaborative counseling and service provision process. Bartering – accepting goods or services from clients in ex- change for counseling services. Client – an individual seeking or referred to the professional services of a counselor. Confidentiality – the ethical duty of counselors to protect a client’s identity, identifying characteristics, and private communications. Consultation – a professional relationship that may include, but is not limited to, seeking advice, information, and/ or testimony. Counseling – a professional relationship that empowers diverse individuals, families, and groups to accomplish mental health, wellness, education, and career goals. Counselor Educator – a professional counselor engaged primarily in developing, implementing, and supervising the educational preparation of professional counselors. Counselor Supervisor – a professional counselor who en- gages in a formal relationship with a practicing counselor or counselor-in-training for the purpose of overseeing that individual’s counseling work or clinical skill development. Culture – membership in a socially constructed way of liv- ing, which incorporates collective values, beliefs, norms, boundaries, and lifestyles that are cocreated with others who share similar worldviews comprising biological, psychosocial, historical, psychological, and other factors. Discrimination – the prejudicial treatment of an individual or group based on their actual or perceived membership in a particular group, class, or category. Distance Counseling – The provision of counseling services by means other than face-to-face meetings, usually with the aid of technology. Diversity – the similarities and differences that occur within and across cultures, and the intersection of cultural and social identities. Documents – any written, digital, audio, visual, or artistic recording of the work within the counseling relationship between counselor and client. Encryption – process of encoding information in such a way that limits access to authorized users. Examinee – a recipient of any professional counseling ser- vice that includes educational, psychological, and career appraisal, using qualitative or quantitative techniques. Exploitation – actions and/or behaviors that take advantage of another for one’s own benefit or gain. Fee Splitting – the payment or acceptance of fees for client referrals (e.g., percentage of fee paid for rent, referral fees). Forensic Evaluation – the process of forming professional opin- ions for court or other legal proceedings, based on professional knowledge and expertise, and supported by appropriate data. Gatekeeping – the initial and ongoing academic, skill, and dispositional assessment of students’ competency for pro- fessional practice, including remediation and termination as appropriate. Impairment – a significantly diminished capacity to perform professional functions. Incapacitation – an inability to perform professional functions. Informed Consent – a process of information sharing as- sociated with possible actions clients may choose to take, aimed at assisting clients in acquiring a full appreciation and understanding of the facts and implications of a given action or actions. Instrument – a tool, developed using accepted research practices, that measures the presence and strength of a specified construct or constructs. Interdisciplinary Teams – teams of professionals serving clients that may include individuals who may not share counselors’ responsibilities regarding confidentiality. Minors – generally, persons under the age of 18 years, un- less otherwise designated by statute or regulation. In some jurisdictions, minors may have the right to consent to counseling without consent of the parent or guardian. Multicultural/Diversity Competence – counselors’ cul- tural and diversity awareness and knowledge about self and others, and how this awareness and knowledge are applied effectively in practice with clients and cli- ent groups. Multicultural/Diversity Counseling – counseling that recog- nizes diversity and embraces approaches that support the worth, dignity, potential, and uniqueness of individuals within their historical, cultural, economic, political, and psychosocial contexts. Personal Virtual Relationship – engaging in a relationship via technology and/or social media that blurs the profes- sional boundary (e.g., friending on social networking sites); using personal accounts as the connection point for the virtual relationship. Privacy – the right of an individual to keep oneself and one’s personal information free from unauthorized disclosure. Privilege – a legal term denoting the protection of confidential information in a legal proceeding (e.g., subpoena, deposi- tion, testimony). Pro bono publico – contributing to society by devoting a por- tion of professional activities for little or no financial return (e.g., speaking to groups, sharing professional information, offering reduced fees). Professional Virtual Relationship – using technology and/ or social media in a professional manner and maintain- ing appropriate professional boundaries; using business accounts that cannot be linked back to personal accounts as the connection point for the virtual relationship (e.g., a business page versus a personal profile). Records – all information or documents, in any medium, that the counselor keeps about the client, excluding personal and psychotherapy notes. Records of an Artistic Nature – products created by the client as part of the counseling process. Records Custodian – a professional colleague who agrees to serve as the caretaker of client records for another mental health professional. Self-Growth – a process of self-examination and challeng- ing of a counselor’s assumptions to enhance professional effectiveness.

• ACA Code of Ethics • • 21 • Serious and Foreseeable – when a reasonable counselor can anticipate significant and harmful possible conse- quences. Sexual Harassment – sexual solicitation, physical advances, or verbal/nonverbal conduct that is sexual in nature; oc- curs in connection with professional activities or roles; is unwelcome, offensive, or creates a hostile workplace or learning environment; and/or is sufficiently severe or intense to be perceived as harassment by a reason- able person. Social Justice – the promotion of equity for all people and groups for the purpose of ending oppression and injustice affecting clients, students, counselors, families, communi- ties, schools, workplaces, governments, and other social and institutional systems. Social Media – technology-based forms of communica- tion of ideas, beliefs, personal histories, etc. (e.g., social networking sites, blogs). Student – an individual engaged in formal graduate-level counselor education. Supervisee – a professional counselor or counselor-in-train- ing whose counseling work or clinical skill development is being overseen in a formal supervisory relationship by a qualified trained professional. Supervision – a process in which one individual, usually a senior member of a given profession designated as the supervisor, engages in a collaborative relationship with another individual or group, usually a junior member(s) of a given profession designated as the supervisee(s) in order to (a) promote the growth and development of the supervisee(s), (b) protect the welfare of the clients seen by the supervisee(s), and (c) evaluate the performance of the supervisee(s). Supervisor – counselors who are trained to oversee the profes- sional clinical work of counselors and counselors-in-training. Teaching – all activities engaged in as part of a formal edu- cational program that is designed to lead to a graduate degree in counseling. Training – the instruction and practice of skills related to the counseling profession. Training contributes to the ongoing proficiency of students and professional counselors. Virtual Relationship – a non–face-to-face relationship (e.g., through social media). Index ACA Code of Ethics Preamble ........................3 ACA Code of Ethics Purpose ..........................3 Section A: The Counseling Relationship ............................................4 Section A: Introduction ................................4 A.1. Client Welfare ........................................4 A.1.a. Primary Responsibility .....................4 A.1.b. Records and Documentation ...........4 A.1.c. Counseling Plans ...............................4 A.1.d. Support Network Involvement ......4 A.2. Informed Consent in the Counseling Relationship .......................4 A.2.a. Informed Consent .............................4 A.2.b. Types of Information Needed .........4 A.2.c. Developmental and Cultural Sensitivity ................................4 A.2.d. Inability to Give Consent .................4 A.2.e. Mandated Clients ..............................4 A.3. Clients Served by Others ....................4 A.4. Avoiding Harm and Imposing Values ......................................4 A.4.a. Avoiding Harm ..................................4 A.4.b. Personal Values .................................5 A.5. Prohibited Noncounseling Roles and Relationships ...................................5 A.5.a. Sexual and/or Romantic Relationships Prohibited .......................5 A.5.b. Previous Sexual and/or Romantic Relationships .........................5 A.5.c. Sexual and/or Romantic Relationships With Former Clients .......................................................5 A.5.d. Friends or Family Members ............5 A.5.e. Personal Virtual Relationships With Current Clients ..............................5 A.6. Managing and Maintaining Boundaries and Professional Relationships............................................5 A.6.a. Previous Relationships .....................5 A.6.b. Extending Counseling Boundaries ..............................................5 A.6.c. Documenting Boundary Extensions ...............................................5 A.6.d. Role Changes in the Professional Relationship ......................5 A.6.e. Nonprofessional Interactions or Relationships (Other Than Sexual or Romantic Interactions or Relationships) .........................................5 A.7. Roles and Relationships at Individual, Group, Institutional, and Societal Levels ..................................5 A.7.a. Advocacy ............................................5 A.7.b. Confidentiality and Advocacy ........5 A.8. Multiple Clients ....................................6 A.9. Group Work ...........................................6 A.9.a. Screening ............................................6 A.9.b. Protecting Clients ..............................6 A.10. Fees and Business Practices ...............6 A.10.a. Self-Referral .....................................6 A.10.b. Unacceptable Business Practices ...................................................6 A.10.c. Establishing Fees .............................6 A.10.d. Nonpayment of Fees ......................6 A.10.e. Bartering ...........................................6 A.10.f. Receiving Gifts .................................6 A.11. Termination and Referral ...................6 A.11.a. Competence Within Termination and Referral ......................6 A.11.b. Values Within Termination and Referral .............................................6 A.11.c. Appropriate Termination ...............6 A.11.d. Appropriate Transfer of Services ....................................................6 A.12. Abandonment and Client Neglect .........................................6 Section B: Confidentiality and Privacy ....6 Section B: Introduction ................................6 B.1. Respecting Client Rights .......................6 B.1.a. Multicultural/Diversity Considerations ........................................6 B.1.b. Respect for Privacy ............................6 B.1.c. Respect for Confidentiality ...............7 B.1.d. Explanation of Limitations ..............7 B.2. Exceptions ...............................................7 B.2.a. Serious and Foreseeable Harm and Legal Requirements .......................7 B.2.b. Confidentiality Regarding End-of-Life Decisions ............................7 B.2.c. Contagious, Life-Threatening Diseases ...................................................7 B.2.d. Court-Ordered Disclosure ................7 B.2.e. Minimal Disclosure ...........................7 B.3. Information Shared With Others .........7 B.3.a. Subordinates .......................................7 B.3.b. Interdisciplinary Teams ....................7 B.3.c. Confidential Settings .........................7 B.3.d. Third-Party Payers ............................7 B.3.e. Transmitting Confidential Information .............................................7 B.3.f. Deceased Clients .................................7 B.4. Groups and Families ............................7 B.4.a. Group Work ........................................7 B.4.b. Couples and Family Counseling .........7 B.5. Clients Lacking Capacity to Give Informed Consent .........................7 B.5.a. Responsibility to Clients ...................7 B.5.b. Responsibility to Parents and Legal Guardians .....................................7 B.5.c. Release of Confidential Information .............................................7 B.6. Records and Documentation ................7 B.6.a. Creating and Maintaining Records and Documentation ....................................7

• ACA Code of Ethics • • 22 • B.6.b. Confidentiality of Records and Documentation ...............................8 B.6.c. Permission to Record .........................8 B.6.d. Permission to Observe ......................8 B.6.e. Client Access .......................................8 B.6.f. Assistance With Records ...................8 B.6.g. Disclosure or Transfer .......................8 B.6.h. Storage and Disposal After Termination ...................................8 B.6.i. Reasonable Precautions .....................8 B.7. Case Consultation ..................................8 B.7.a. Respect for Privacy ............................8 B.7.b. Disclosure of Confidential Information .............................................8 Section C: Professional Responsibility ........8 Section C: Introduction .................................8 C.1. Knowledge of and Compliance With Standards .......................................8 C.2. Professional Competence ....................8 C.2.a. Boundaries of Competence ..............8 C.2.b. New Specialty Areas of Practice .....8 C.2.c. Qualified for Employment ...............8 C.2.d. Monitor Effectiveness .......................8 C.2.e. Consultations on Ethical Obligations ...............................................9 C.2.f. Continuing Education .......................9 C.2.g. Impairment ........................................9 C.2.h. Counselor Incapacitation, Death, Retirement, or Termination of Practice ................................................9 C.3. Advertising and Soliciting Clients ......9 C.3.a. Accurate Advertising ........................9 C.3.b. Testimonials .......................................9 C.3.c. Statements by Others ........................9 C.3.d. Recruiting Through Employment ............................................9 C.3.e. Products and Training Advertisements .......................................9 C.3.f. Promoting to Those Served ..............9 C.4. Professional Qualifications ..................9 C.4.a. Accurate Representation ..................9 C.4.b. Credentials .........................................9 C.4.c. Educational Degrees .........................9 C.4.d. Implying Doctoral-Level Competence ............................................9 C.4.e. Accreditation Status ..........................9 C.4.f. Professional Membership .................9 C.5. Nondiscrimination ...............................9 C.6. Public Responsibility ...........................9 C.6.a. Sexual Harassment ............................9 C.6.b. Reports to Third Parties ...................9 C.6.c. Media Presentations ..........................9 C.6.d. Exploitation of Others ....................10 C.6.e. Contributing to the Public Good (Pro Bono Publico) ..................................10 C.7. Treatment Modalities ..........................10 C.7.a. Scientific Basis for Treatment .........10 C.7.b. Development and Innovation .......10 C.7.c. Harmful Practices ............................10 C.8. Responsibility to Other Professionals ..........................................10 C.8.a. Personal Public Statements ............10 Section D: Relationships With Other Professionals ............................10 Section D: Introduction .............................10 D.1. Relationships With Colleagues, Employers, and Employees .................10 D.1.a. Different Approaches .....................10 D.1.b. Forming Relationships ...................10 D.1.c. Interdisciplinary Teamwork ..........10 D.1.d. Establishing Professional and Ethical Obligations ...............................10 D.1.e. Confidentiality .................................10 D.1.f. Personnel Selection and Assignment ...........................................10 D.1.g. Employer Policies ...........................10 D.1.h. Negative Conditions ......................10 D.1.i. Protection From Punitive Action D.2. Provision of Consultation Services ...10 D.2.a. Consultant Competency ................10 D.2.b. Informed Consent in Formal Consultation ............................10 Section E: Evaluation, Assessment, and Interpretation ...............................11 Section E: Introduction ..............................11 E.1. General .................................................11 E.1.a. Assessment ........................................11 E.1.b. Client Welfare ...................................11 E.2. Competence to Use and Interpret Assessment Instruments ......11 E.2.a. Limits of Competence .....................11 E.2.b. Appropriate Use ..............................11 E.2.c. Decisions Based on Results ............11 E.3. Informed Consent in Assessment .....11 E.3.a. Explanation to Clients .....................11 E.3.b. Recipients of Results .......................11 E.4. Release of Data to Qualified Personnel ...............................................11 E.5. Diagnosis of Mental Disorders ..........11 E.5.a. Proper Diagnosis ..............................11 E.5.b. Cultural Sensitivity .........................11 E.5.c. Historical and Social Prejudices in the Diagnosis of Pathology ............11 E.5.d. Refraining From Diagnosis ............11 E.6. Instrument Selection............................11 E.6.a. Appropriateness of Instruments ....11 E.6.b. Referral Information .......................11 E.7. Conditions of Assessment Administration .....................................11 E.7.a. Administration Conditions ............11 E.7.b. Provision of Favorable Conditions .............................................11 E.7.c. Technological Administration ........11 E.7.d. Unsupervised Assessments ...........12 E.8. Multicultural Issues/Diversity in Assessment .......................................12 E.9. Scoring and Interpretation of Assessments ......................................12 E.9.a. Reporting ..........................................12 E.9.b. Instruments With Insufficient Empirical Data .......................................12 E.9.c. Assessment Services ........................12 E.10. Assessment Security ..........................12 E.11. Obsolete Assessment and Outdated Results ...................................12 E.12. Assessment Construction ................12 E.13. Forensic Evaluation: Evaluation for Legal Proceedings ..........................12 E.13.a. Primary Obligations ......................12 E.13.b. Consent for Evaluation .................12 E.13.c. Client Evaluation Prohibited ..............................................12 E.13.d. Avoid Potentially Harmful Relationships .........................................12 Section F: Supervision, Training, and Teaching ........................................12 Section F: Introduction ...............................12 F.1. Counselor Supervision and Client Welfare ........................................12 F.1.a. Client Welfare ....................................12 F.1.b. Counselor Credentials .....................12 F.1.c. Informed Consent and Client Rights .........................................13 F.2. Counselor Supervision

Competence ..........................................13 F.2.a. Supervisor Preparation ....................13 F.2.b. Multicultural Issues/Diversity in Supervision .......................................13 F.2.c. Online Supervision ............................13 F.3. Supervisory Relationship ....................13 F.3.a. Extending Conventional Supervisory Relationships ...................13 F.3.b. Sexual Relationships ........................13 F.3.c. Sexual Harassment ...........................13 F.3.d. Friends or Family Members ...........13 F.4. Supervisor Responsibilities .................13 F.4.a. Informed Consent for Supervision ...........................................13 F.4.b. Emergencies and Absences .............13 F.4.c. Standards for Supervisees ...............13 F.4.d. Termination of the Supervisory Relationship ..........................................13 F.5. Student and Supervisee Responsibilities ......................................13 F.5.a. Ethical Responsibilities ....................13 F.5.b. Impairment .......................................13 F.5.c. Professional Disclosure ....................13 F.6. Counseling Supervision Evaluation, Remediation, and Endorsement .........13 F.6.a. Evaluation .........................................13 F.6.b. Gatekeeping and Remediation .......13 F.6.c. Counseling for Supervisees .............14 F.6.d. Endorsements ...................................14 F.7. Responsibilities of Counselor Educators ................................................14 F.7.a. Counselor Educators ........................14 F.7.b. Counselor Educator Competence ..14 F.7.c. Infusing Multicultural Issues/Diversity ...................................14 F.7.d. Integration of Study and Practice ....14 F.7.e. Teaching Ethics .................................14 F.7.f. Use of Case Examples ......................14 F.7.g. Student-to-Student Supervision and Instruction .....................................14 F.7.h. Innovative Theories and Techniques .............................................14 F.7.i. Field Placements ................................14 F.8. Student Welfare ...................................14 F.8.a. Program Information and Orientation .............................................14 F.8.b. Student Career Advising .................14 F.8.c. Self-Growth Experiences .................14 F.8.d. Addressing Personal Concerns ......14 F.9. Evaluation and Remediation ..............15 F.9.a. Evaluation of Students ....................15 F.9.b. Limitations ........................................15 F.9.c. Counseling for Students ..................15 F.10. Roles and Relationships Between Counselor Educators and Students ..........................................15 F.10.a. Sexual or Romantic Relationships .........................................15 F.10.b. Sexual Harassment ........................15 F.10.c. Relationships With Former Students .................................................15 F.10.d. Nonacademic Relationships .........15 F.10.e. Counseling Services .......................15 F.10.f. Extending Educator–Student Boundaries .............................................15 F.11. Multicultural/Diversity Competence in Counselor Education and Training Programs.................................15 F.11.a. Faculty Diversity ............................15 F.11.b. Student Diversity ...........................15 F.11.c. Multicultural/Diversity Competence ..........................................15 Section G: Research and Publication .....15 Section G: Introduction .............................15 G.1. Research Responsibilities ..................15

• ACA Code of Ethics • • 23 • G.1.a. Conducting Research ......................15 G.1.b. Confidentiality in Research ...........15 G.1.c. Independent Researchers ...............15 G.1.d. Deviation From Standard Practice ...................................................16 G.1.e. Precautions to Avoid Injury ...........16 G.1.f. Principal Researcher Responsibility .......................................16 G.2. Rights of Research Participants .........16 G.2.a. Informed Consent in Research ......16 G.2.b. Student/Supervisee Participation ..........................................16 G.2.c. Client Participation .........................16 G.2.d. Confidentiality of Information .......16 G.2.e. Persons Not Capable of Giving Informed Consent .................................16 G.2.f. Commitments to Participants ........16 G.2.g. Explanations After Data Collection ...............................................16 G.2.h. Informing Sponsors ........................16 G.2.i. Research Records Custodian ..........16 G.3. Managing and Maintaining Boundaries ............................................16 G.3.a. Extending Researcher– Participant Boundaries ........................16 G.3.b. Relationships With Research Participants ...........................................16 G.3.c. Sexual Harassment and Research Participants ...........................16 G.4. Reporting Results ................................16 G.4.a. Accurate Results ..............................16 G.4.b. Obligation to Report Unfavorable Results .............................16 G.4.c. Reporting Errors ..............................16 G.4.d. Identity of Participants ..................17 G.4.e. Replication Studies .........................17 G.5. Publications and Presentations .........17 G.5.a. Use of Case Examples .....................17 G.5.b. Plagiarism ........................................17 G.5.c. Acknowledging Previous Work ......17 G.5.d. Contributors ....................................17 G.5.e. Agreement of Contributors ............17 G.5.f. Student Research ..............................17 G.5.g. Duplicate Submissions ...................17 G.5.h. Professional Review .......................17 Section H: Distance Counseling, Technology, and Social Media ..........................................17 Section H: Introduction ..............................17 H.1. Knowlede and Legal Considerations ...........................17 H.1.a. Knowledge and Competency ........17 H.1.b. Laws and Statutes ...........................17 H.2. Informed Consent and Security ........17 H.2.a. Informed Consent and Disclosure ....17 H.2.b. Confidentiality Maintained by the Counselor ........................................18 H.2.c. Acknowledgment of Limitations .............................................18 H.2.d. Security .............................................18 H.3. Client Verification ..............................18 H.4. Distance Counseling Relationship ..........................................18 H.4.a. Benefits and Limitations .................18 H.4.b. Professional Boundaries in Distance Counseling .............................18 H.4.c. Technology-Assisted Services ........18 H.4.d. Effectiveness of Services .................18 H.4.e. Access ................................................18 H.4.f. Communication Differences in Electronic Media ....................................18 H.5. Records and Web Maintenance .........18 H.5.a. Records ..............................................18 H.5.b. Client Rights .....................................18 H.5.c. Electronic Links ...............................18 H.5.d. Multicultural and Disability Considerations ......................................18 H.6. Social Media.........................................18 H.6.a. Virtual Professional Presence ........18 H.6.b. Social Media as Part of Informed Consent .................................18 H.6.c. Client Virtual Presence ...................18 H.6.d. Use of Public Social Media ............18 Section I: Resolving Ethical Issues .........18 Section I: Introduction ................................18 I.1. Standards and the Law ........................19 I.1.a. Knowledge .........................................19 I.1.b. Ethical Decision Making ..................19 I.1.c. Conflicts Between Ethics and Laws ...............................................19 I.2. Suspected Violations ............................19 I.2.a. Informal Resolution ..........................19 I.2.b. Reporting Ethical Violations ...........19 I.2.c. Consultation .......................................19 I.2.d. Organizational Conflicts ..................19 I.2.e. Unwarranted Complaints I.2.f. Unfair Discrimination Against Complainants and Respondents ..........................................19 I.3. Cooperation With Ethics Committees ...........................................19 Glossary of Terms ......................................20 Ethics Related Resources From ACA! • Free consultation on ethics for ACA Members • Bestselling publications revised in accordance with the 2014 Code of Ethics, including ACA Ethical Standards Casebook, Boundary Issues in Counseling, Ethics Desk Reference for Counselors, and The Counselor and the Law • Podcast and six-part webinar series on the 2014 Code • The latest information on ethics at counseling.org/ethics

AMERICAN COUNSELING ASSOCIATION 5999 Stevenson Avenue Alexandria, VA 22304 counseling.org • 800-422-2648 x222 Note: This document may be reproduced in its entirety without permission for non-commercial purposes only.

REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD

Part 1501 Part 1501: Mississippi Real Estate Appraiser Licensing and Certification Board

Chapter 1 Educational Requirements for Appraiser Trainee, Licensed Real Estate Appraiser, Certified Residential Real Estate Appraiser and Certified General Real Estate Appraiser.

30 Miss. Admin. Code Pt. 1501, R. 1.1 Rule 1.1

Educational Requirements for Appraiser Trainee, Licensed Real Estate Appraiser, Certified Residential Real Estate Appraiser and Certified General Real Estate Appraiser.

Each applicant for an Appraiser Trainee credential shall have completed the required number of classroom hours of courses in subjects related to real estate appraisal as established by the AQB.

Each applicant for a credential as a State Licensed real estate appraiser, a State Certified Residential real estate appraiser or a State Certified General real estate appraiser shall have successfully completed the required number of classroom hours of appraisal courses as established by the AQB. 1. Class hours will be credited only for educational offerings with content that follows and complies with the specific required core curriculum as established by the AQB. The course content requirements may be general or specific to the property types.

2. Class hours may be obtained only where the minimum length of the Qualifying Education offering is at least 15 hours and the individual course participant successfully completes an approved, proctored closed-book examination which is pertinent to that educational offering.

3. Where the Qualifying Education course includes multiple topics identified within the current Appraisal Qualification Board (AQB) Required Core Curriculum, there must be appropriate testing for each of the components.

Courses which are taken to satisfy the Qualifying Education requirements must not be repetitive. The Uniform Standards of Professional Appraisal Practice (USPAP) courses which are completed in different years (licensing periods) are not considered to be repetitive. All courses should be

designed to foster problem-solving skills in the education process by utilizing case studies as a major teaching method, when applicable.

4. All applicants for a credential must complete the 15-Hour National USPAP Course, or its equivalent, and must pass the accompanying examination. At least one of the course instructors must be an AQB Certified USPAP Instructor who is also an active State Certified Appraiser and is in good standing with all Appraiser Licensing Boards where any appraisal credential is held. Equivalency shall be determined through the AQB Course Approval Program (CAP) or by an alternate method established by the AQB. The USPAP education presented in a distance education format must be designed to foster appropriate student-to-student, student-to-instructor and student-to-material interaction.

5. Distance Education courses:

(a) Any education process based on the geographical separation of student and instructor.

(b) Course(s) must provide for an interaction where the student is guaranteed verbal or written communication with the instructor.

(c) Content approval is to be obtained from the AQB, a state licensing jurisdiction, or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the United States Secretary of Education. Non-academic credit from college or community college courses shall be approved by either the AQB or the state licensing jurisdiction.

(d) Course delivery mechanism approval is to be obtained from one of the following sources:

i. The AQB approved organizations providing approval of course design and delivery; or

ii. A college that qualifies for content approval as indicated in paragraph (c) above and that awards academic credit for the distance education course; or

iii. A college that qualifies for content approval with a distance education delivery program that approves the course design and a delivery that incorporates interactivity.

6. A class hour is defined as 60-minutes, of which at least 50 minutes are instructional and are attended by the student. The prescribed number of class hours includes time for examinations.

7. Experience may not be substituted for education.

8. Credit for the class hour requirements may be obtained only from the following providers and only after being approved by the Mississippi Appraisal Board (Board):

(a) Colleges or universities

(b) Community or junior colleges

(c) Real estate appraisal or real estate related organizations

(d) State or federal agencies or commissions

(e) Proprietary schools

(f) The Appraisal Foundation or any of its affiliated boards

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-33

Chapter 2 Experience Requirements for Licensed Appraiser, Certified Residential Appraiser and Certified General Appraiser Applicants.

30 Miss. Admin. Code Pt. 1501, R. 2.1 Experience Hours for Licensed Appraiser, Certified Residential Appraiser and Certified General Appraiser

1. Each applicant for a credential as a Licensed real estate appraiser, Certified Residential real estate appraiser, or Certified General real estate appraiser must meet all experience requirements established by the AQB.

(a) Acceptable appraisal experience includes the following: Fee and staff appraisal, review appraisal, appraisal analysis, feasibility analysis, and real estate consulting.

(b) The verification for experience credit which is claimed by an applicant shall be via a log sheet and/or affidavit on specific forms which are prescribed by the Board. Following the applicant’s submission of the appraisal log, the Board will request a minimum of two (2) sample appraisals from among those reports which have been documented by the applicant for experience credit. In addition, the applicant must agree to furnish other appraisal reports if deemed necessary by the Board. The sample appraisal reports must be USPAP compliant and must include at least one (1) complex appraisal from the category being applied for.

(c) The appraiser is required to document the actual number of hours worked in the performance of each appraisal assignment and must report and record those specific hours on their Appraisal Board Experience Log. The Appraisal Board considers the experience credit work-hours allowed in Rule 2.2 and Rule 2.3 (below) to be the maximum number of acceptable hours per appraisal classification. The appraiser may

request additional hours for an appraisal by submitting the proper supporting documentation to the Appraisal Board. This supporting documentation should be in the form or a Daily Log which is attached to the Appraisal Board Experience Log. All logs must have the Appraisal Board Appraiser’s Affidavit attached to the log. All work-hours submitted are subject to Appraisal Board approval.

After being issued the Licensed Appraiser credential as required by Mississippi Code §73-34-5, the documented experience required for a credential in the State Certified General and the State Certified Residential categories shall be obtained as follows:

History

• Source: Miss. Code Ann. §§ 73-34-5, 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.2 Certified General Real Estate Appraiser Experience Hours for Licensing

1. An applicant for a State Certified General real estate appraiser credential must provide evidence satisfactory to the Board that the applicant has completed the minimum number of hours of appraisal experience over the minimum period of time as established by the AQB. Experience credits (work-hours) for the State Certified General real estate appraiser credential shall be awarded as follows:

(a) a complex, non-residential appraisal shall be limited to no more than 66 hours of credit:

(b) a complex, non-residential field review shall be limited to no more than 16 hours of credit;

(c) a complex, non-residential desk review shall be limited to no more than 8 hours of credit;

(d) a non-complex, non-residential appraisal shall be limited to no more than 16 hours of credit;

(e) a non-complex, non-residential field review shall be limited to no more than 8 hours of credit;

(f) a non-complex, non-residential desk review shall be limited to no more than 4 hours of credit.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.3 Certified Residential Real Estate Appraiser Experience Hours for Licensing

An applicant for a State Certified Residential real estate appraiser credential must provide satisfactory evidence to the Board that the applicant has completed the minimum number of hours of appraisal experience over the minimum period of time as established by the AQB. The experience credits for the State Certified Residential real estate appraiser residential shall be awarded as follows:

1. Credits (hours) referred to as residential experience shall be derived from appraisals of one- to-four family residential properties.

2. a complex, residential appraisal shall be limited to no more than 24 hours of credit;

3. a complex, residential field review shall be limited to no more than 8 hours of credit;

4. a complex, residential desk review shall be limited to no more than 4 hours of credit;

5. a non-complex, residential appraisal shall be limited to no more than 12 hours of credit;

6. a non-complex, residential field review shall be limited to no more than 4 hours of credit;

7. a non-complex, residential desk review shall be limited to no more than 2 hours of credit.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.4 Licensed Appraiser Experience Hours for Licensing

An applicant for a Licensed real estate appraiser credential must provide evidence satisfactory to the Board that the applicant has completed the minimum number of hours of appraisal experience over the minimum period of time as established by the AQB. The experience hours for the Licensed real estate appraiser credential shall be determined by the Board by evaluating the types and the variety of the individual appraisals which are documented in the experience log that is signed by both the applicant and the Certified Supervisory Appraiser and by determining the Appraiser Trainee’s hours.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.5 Appraiser Trainee Experience Hours

Appraiser Trainee experience hours which have been documented and verified by a Certified Supervisory Appraiser can be included as appraisal experience for either a State Certified General credential or a State Certified Residential credential. The verified experience work- hours must be compliant with all requirements established by the AQB and must have been obtained preceding the filing of the application.

History

• Source: Miss. Code Ann. §§ 73-34-5, 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.6 Definition of a Non-Complex Appraisal

A non-complex appraisal is one having the following characteristics;

1. there is an active market of essentially identical properties;

2. adequate data is an available to the appraiser

3. adjustments to comparable sales are not large in the aggregate, specifically not exceeding the trading range found in the market of essentially identical properties; and

4. for residential property, the contract price falls within the market norm (Medial sales price) of homes in the neighborhood.

Examples of a non-complex residential appraisal are those similar to Fannie Mae Form 1004 and Freddie Mac Form 70, not including the income approach (up to 12 hours credit); usage of Fannie Mae Forms 2055 and 2075 (up to 8 hours credit); valuation of vacant land or site appraisals using only the sales comparison approach or a narrative report (up to 4 hours credit). In all cases, compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) is required.

Note: A non-complex, non-residential appraisal (up to16 hours credit) is a report which does not include each of the three (3) approaches to value even though all three (3) approaches would be applicable for the classification of the property appraised and/or when sufficient market data was available to develop each of the three (3) approaches.

All credit hours for appraisals are subject to final determination and approval by the Appraisal Board.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.7 Definition of a Complex Appraisal

A complex appraisal is one that relies to any significant degree on all three (3) approaches to value (cost, sales comparison and income approaches) or is an appraisal that has at least one of the following characteristics:

1. There is not an active market of properties similar to the property being appraised.

2. There is not adequate data available to the appraiser.

3. The adjustments to comparable sales are large and the aggregate adjustments exceed the trading range of the identified sales.

4. For residential property, the contract price does not fall within the market norm of houses in the market area.

No appraisal experience credit will be allowed for a complex appraisal unless all three (3) approaches to value are fully developed in the report.

Examples: a complex, non-residential appraisal (up to 66 hours of credit) may contain any of the following: income capitalization approach; income expense analysis; building-land residual technique; leased fee-leasehold interest; absorption rate; discounting to present value; highest and best use is not the current use; itemized accrued depreciation; unit-in-place method or

quantity survey method in the cost approach; site or vacant land using the allocation method, abstraction method, subdivision development method, or land residual method; appraisal requires the appraiser’s use of data obtained from a professional who is not an appraiser; a use of property that has no comparable sales with the same use; a property covered by the Environmental Protection Agency; a conservation easement; an appraisal that requires the before and after values. Other valuations may qualify as determined by the Appraisal Board.

Note: A complex residential appraisal (up to 24 hours of credit) is a 1 to 4 unit appraisal similar to Fannie Mae Form 1004/Freddie Mac Form 70 but it will include the GRM income approach; Fannie Mae Form 1025/Freddie Mac Form 72; Fannie Mae Form 1072/Freddie Mac Form 465; Fannie Mae Form 1075/Freddie Mac Form 466; or a narrative report. In all cases, compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) is required.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.8 Accepting Responsibility for an Appraisal Report

Each signer (co-author) of an appraisal report who is accepting responsibility for the report shall be awarded (experience) credit for the appraisal based on the actual number of documentable (work) hours that each appraiser contributed to the report as identified and indicated in the content of the report.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.9 Appraisals are subject to Verification by the Board

All appraisals submitted or claimed for experience credit are subject of verification and authentication by the Board. Applicants may not claim experience credit for appraisals which are not supported by written reports or file memoranda or which were performed by the applicant at a time when the applicant lacked the legal authority to perform real estate appraisals. Upon request, the applicant shall furnish the Board with copies of two (2) specifically identified appraisal reports, file memoranda, or other data supporting the experience credit sought by the applicant. In addition, the experience credit will only be accepted when accompanied by a sworn affidavit which is signed by the applicant and states that all information contained in the application, including the compilation of hours documented, are true and correct.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

30 Miss. Admin. Code Pt. 1501, R. 2.10 Appraisal Experience for State, County, or Municipal Public Officers

State, county or municipal public officers, or their salaried employees while performing their duties as mass appraisers, may satisfy the appraisal experience requirement under this rule by submitting a signed/notarized affidavit from the supervising tax assessor or other appropriate official, and as follows:

1. For the Licensed real estate appraiser credential, by affidavit and documentation as prescribed by the Board, certifying that the applicant has obtained the minimum number of

hours of appraisal experience over the minimum period of time as established by the AQB while holding a valid Appraiser Trainee credential.

2. For the State Certified Residential real estate appraisal credential, by proper documentation as prescribed by the Board which indicates that the applicant holds or has held a credential as a State Licensed real estate appraiser or a State Certified General real estate appraiser and has obtained the minimum number of hours of credible appraisal work experience over the minimum period of time as established by the AQB for the Certified Residential appraiser credential. Up to one-half (1/2) of the minimum number of experience hours as established by the AQB may be satisfied by presenting proper documentation on an experience log sheet as prescribed by the Board of having performed in a supervisory capacity of the value estimating process for mass appraisal work. Any experience for the State Certified Residential credential beyond the real property mass appraisal experience which is acceptable under the provisions of this rule shall consist of residential category properties and shall be in compliance with the guidelines established in Rule 2.1(1)and shall have been obtained over the minimum period of time as would meet all requirements established by the AQB.

3. For the State Certified General real estate appraisal credential, by proper documentation as prescribed by the Board which indicates that the applicant holds or has held a credential as a State Licensed real estate appraiser or a State Certified Residential real estate appraiser and has obtained the minimum number of hours of credible appraisal work experience over the minimum period of time as established by the AQB for the Certified General appraiser credential. Up to one-half (1/2) of the minimum number of experience hours as established by the AQB may be satisfied by presenting proper documentation on an experience log sheet as prescribed by the Board of having performed in a supervisory capacity of the value estimating process for mass appraisal work. Any experience for the State Certified General credential beyond the real property mass appraisal experience which is acceptable under the provisions of this rule shall consist of non-residential category properties and shall be in compliance with the guidelines set forth in Rule 2.1(1) and shall have been obtained over the minimum period of time as would meet all requirements established by the AQB.

4. Any affidavit which is submitted for experience credit must set forth the applicant's job description, duties and/or role in the value estimating process if it is not already included in the job description and duties.

5. The affiant must be fully aware and understand that experience credit shall only be awarded to those applicants who demonstrate that they used techniques to value properties which are similar to those used by other appraisers; they effectively utilize the appraisal process and the only components of the mass appraisal process that shall be given credit are highest and best use analysis, model specification (developing the model) and model calibration (developing adjustments to the model). Other components, by themselves, shall not be eligible for experience credit.

6. Any experience which is claimed for mass appraisal work must be consistent with the most current guidelines of the Appraisal Subcommittee of the Federal Financial Institutions

Examination Council and must be compliant with the Mass Appraisal Development and Reporting guidelines as set forth in Standard 6 of USPAP.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-9(2)(f), 73-34-21

Chapter 3 Requirements for Licensing and Certification; Examinations; Fees.

30 Miss. Admin. Code Pt. 1501, R. 3.1 Requirements Necessary to Qualify as a Licensed Real Estate Appraiser

1. Qualifying Education: Applicants for the Licensed Real Estate Appraiser credential must meet all education requirements established by the AQB.

2. Experience: Applicants for the Licensed Real Estate Appraiser credential must meet all experience requirements established by the AQB. Acceptable appraisal work-experience includes, but is not limited to, the following:

(a) For a Mississippi Appraiser Trainee, experience shall have been gained under the direct supervision of a Mississippi State Certified Appraiser. The verification of the experience credit which is claimed by an applicant shall be accomplished via an affidavit from a Certified Supervisory Appraiser and shall be on Forms specifically prescribed by the Board. In addition, an Experience Log which lists the various appraisal task performed by the Appraiser Trainee must be signed by both the Appraiser Trainee and the Certified Supervisory Appraiser and must be submitted for Board approval with the application for the Licensed Appraiser credential. In order for the Appraiser Trainee to list and document appraisals on the appraisal experience log, the Certified Supervisory Appraiser must state the name of the Appraiser Trainee in the Appraiser's Certification and must actually state in the appraisal, “I affirm that (Appraiser Trainee’s name and permit number) performed (number) hours of appraisal tasks for this appraisal.” The log must describe the appraisal tasks (work) performed, identify the specific appraisal report for which the tasks (work) were performed, the date the tasks were performed and must state the number of appraisal task (work) hours completed for each appraisal. The appraisals must be available should the Board desire to review any or all of them for the purpose of verifying the appraisal task (work) hours claimed by the Appraiser Trainee. The Mississippi Appraiser Trainee's appraisal task (work) hours which are completed in compliance with USPAP can be included as appraisal experience hours to qualify for either the State Certified General real estate appraiser credential or the State Certified Residential real estate appraiser credential.

(b) For those individuals other than Mississippi Appraiser Trainees, a listing of legally performed, USPAP compliant appraisals which are signed by the applicant, or of tasks which were specifically performed by the applicant, if not allowed to sign reports, must be submitted along with the application as proof of experience. The listing of task (work) hours must describe the task performed, identify the specific appraisal report for which the task was

performed, indicate the date the task was performed and must state the number of experience hours claimed. The appraisals must be available should the Board desire to review them for the purpose of verifying work-experience.

3. Examination: All applicants must pass the Appraisal Qualification Board approved Licensed Residential Real Property Appraiser Examination. The only alternative to the successful completion of the Licensed Residential Real Property Examination is the successful completion of the Certified Residential Real Property Appraiser Examination or the Certified General Real Property Appraiser Examination. An applicant will be instructed to contact the State approved Testing Provider and establish an examination date which will allow the examination to be completed within three (3) months of their application being approved by the Appraisal Board. The examination will consist of multiple-choice questions from a question bank and applicants will be allowed four (4) hours to complete the examination while using a silent calculator. The Appraisal Qualifications Board approved examination will include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). There is no limitation on the number of attempts that an approved applicant may take in order to pass the Licensed Residential Real Property Examination, but the examination must be passed within three (3) months of the applicant being approved for testing by the Appraisal Board. For those applicants who pass the Licensed Residential Real Property Examination, the results of the examination may be used to qualify for the credential for a time period of twenty-four (24) months. If the applicant does not pass the Licensed Residential Real Property Appraiser Examination within three (3) months of their application being approved by the Board, they shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant was last eligible to take the examination, and then only upon making full application as in the first instance and meeting all requirements for application that are in effect at the time of re-applying.

NOTE: Applicants must complete all Qualifying Education requirements and all work experience requirements prior to making an application for the Licensed Residential Real Property Appraiser Examination.

An applicant must also schedule a testing date and pass the Mississippi State specific portion of the examination within sixty (60) days of passing the Appraisal Qualification Board approved Licensed Residential Real Property Appraiser Examination. The State examination will consist of multiple-choice questions referencing the Mississippi Real Estate Appraiser Licensing and Certification Act and the Administrative Rules and Regulations of the Mississippi Appraisal Board. It will also include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). Applicants will be allowed two (2) hours to complete the State examination and may use a silent calculator. An applicant is allowed two (2) opportunities to pass the examination. Any applicant who fails to pass the State examination upon two (2) occasions shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant last took the examination, and then only upon making a full application as in the first instance and meeting all requirements for application in effect at the time of re-applying. The State Examinations are administered by the Appraisal Board Staff and the applicant will be

notified of the available examination dates after the application has been approved and the necessary requirements satisfied.

History

• Source: Miss. Code Ann. §§ 73-34-9, 73-34-21, 73-34-45

30 Miss. Admin. Code Pt. 1501, R. 3.2 Requirements to Qualify as a State Certified Residential Real Estate Appraiser:

1. Qualifying Education: Applicants for the State Certified Residential real estate appraiser credential must meet all education requirements established by the AQB.

2. Appraisers holding a State Certified General real estate appraiser credential satisfy the educational requirements for the State Certified Residential real estate appraiser credential.

*Note: The Mississippi Appraisal Board requires that all individuals who apply for the Certified Residential real estate appraiser credential must have completed the 15-hour National USPAP course within sixty (60) months of making their application.

3. Experience: All applicants must meet all experience requirements established by the AQB. Fifty (50) percent of the required experience hours as established by the AQB must be in residential appraisal work. While the hours may be cumulative, the required number of months must accrue before an individual can be certified. Applicants must list identifying terminology for each appraisal which is being used to develop the total number of hours being claimed. These appraisals must be made available to the Board should they desire to review them in order to verify the experience being claimed by an applicant. Copies of two (2) appraisal reports, to be chosen by the Board from the experience log that is submitted with the application, must be submitted for review prior to being allowed to sit for the examination. If necessary, to verify compliance with the experience requirement, other reports may be requested for review by the Board.

*Note: The Ethics Rule, Confidentiality section of USPAP, allows the submission of appraisal reports for review by a state license regulatory agency without obtaining permission from the client to release confidential information.

4. Examination: All applicants must pass the Appraiser Qualification Board approved Certified Residential Real Property Appraiser Examination. The only alternative to successful completion of the Certified Residential Real Property Appraiser Examination is the successful completion of the Certified General Real Property Appraiser Examination. An applicant will be instructed to contact the State approved Testing Provider and establish an examination date which will allow the examination to be completed within three (3) months of their application being approved by the Appraisal Board. The examination will consist of multiple-choice questions from a question bank and applicants will be allowed four (4) hours to complete the examination while using a silent calculator. The Appraisal Qualifications Board approved examination will include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). There is no limitation to the number of attempts that an approved applicant may take in order to pass the Certified Residential Real Property Appraiser

Examination, but the examination must be passed within three (3) months of the applicant being approved for testing by the Appraisal Board. For those applicants who pass the Certified Residential Real Property Appraiser Examination, the results of the examination may be used to qualify for the credential for a time period of twenty-four (24) months. If the applicant does not pass the Certified Residential Real Property Appraiser Examination within three (3) months of their application being approved by the Board, they shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant was last eligible to take the examination, and then only upon making full application as in the first instance and meeting all requirements for application that are in effect at the time of re-applying.

NOTE: Applicants must complete all Qualifying Education requirements and all work experience requirements prior to making an application for the Certified Residential Real Property Appraiser Examination.

An applicant must also schedule a testing date and pass the Mississippi State specific portion of the examination within sixty (60) days of passing the Appraisal Qualification Board approved Certified Residential Real Property Appraiser Examination. The State examination will consist of multiple-choice questions referencing the Mississippi Real Estate Appraiser Licensing and Certification Act and the Administrative Rules and Regulations of the Mississippi Appraisal Board. It will also include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). Applicants will be allowed two (2) hours to complete the State examination and may use a silent calculator. An applicant is allowed two (2) opportunities to pass the examination. Any applicant who fails to pass the State examination upon two (2) occasions shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant last took the examination, and then only upon making a full application as in the first instance and meeting all requirements for application in effect at the time of re-applying. The State Examinations are administered by the Appraisal Board Staff and the applicant will be notified of the available examination dates after the application has been approved and the necessary requirements satisfied.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(a)(b)(c), 73-34-9(1)(i), 73-34-9(2)(f)(g)(j), 73-34-21, 73-34-45

30 Miss. Admin. Code Pt. 1501, R. 3.3 Requirements to Qualify as a State Certified General Real Estate Appraiser

1. Education: All applicants for a State Certified General real estate appraiser credential must meet all education requirements as established by the AQB.

**Note: The Mississippi Appraisal Board requires all individuals who apply for the State Certified General real estate appraiser credential to have completed the 15-hour National USPAP course within sixty (60) months of making their application.

2. Experience: All applicants must meet all experience requirement established by the AQB. Fifty (50) percent of the required experience hours as established by the AQB must be in non-residential appraisal work. Experience is calculated through work experience hours

that are documented in Part 1501, Chapter 2 of the Administrative Rules of the Mississippi Appraisal Board. Applicants must list identifying terminology for each appraisal which is used to calculate the total number of hours being claimed. These appraisals must be available to the Board should they desire to review them in order to verify the experience being claimed by the applicant. Copies of two (2) appraisal reports, to be chosen by the Board from the experience log that is submitted with application, must be submitted for review prior to being approved to sit for the examination. In addition, other reports may be requested for review if required by the Board.

Note: The Ethics Rule, Confidentiality Section of USPAP, allows the submission of appraisal reports for review to a state license regulatory agency without obtaining permission from the client to release confidential information.

3. Examination: All applicants must pass the Appraiser Qualification Board approved Certified General Real Property Appraiser Examination. An applicant will be instructed to contact the State approved Testing Provider and establish an examination date which will allow the examination to be completed within three (3) months of their application being approved by the Appraisal Board. The examination will consist of multiple-choice questions from a question bank and applicants will be allowed six (6) hours to complete the examination while using a silent calculator. The Appraisal Qualifications Board approved examination will include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). There is no limitation to the number of attempts that an approved applicant may take in order to pass the Certified General Real Property Appraiser Examination, but the examination must be passed within three (3) months of the applicant being approved for testing by the Appraisal Board. For those applicants who pass the Certified General Real Property Examination, the results of the examination may be used to qualify for the credential for a time period of twenty-four (24) months. If the applicant does not pass the Certified General Real Property Appraiser Examination within three (3) months of their application being approved by the Board, they shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant was last eligible to take the examination, and then only upon making full application as in the first instance and meeting all requirements for application that are in effect at the time of re-applying.

NOTE: Applicants must complete all Qualifying Education requirements and all work experience requirements prior to making an application for the Certified General Real Property Appraiser Examination.

An applicant must also schedule a testing date and pass the Mississippi State specific portion of the examination within sixty (60) days of passing the Appraisal Qualification Board approved Certified General Real Property Appraiser Examination. The State examination will consist of multiple-choice questions referencing the Mississippi Real Estate Appraiser Licensing and Certification Act and the Administrative Rules and Regulations of the Mississippi Appraisal Board. It will also include questions concerning the Uniform Standards of Professional Appraisal Practice (USPAP). Applicants will be allowed two (2) hours to complete the State examination and may use a silent calculator.

An applicant is allowed two (2) opportunities to pass the examination. Any applicant who fails to pass the State examination upon two (2) occasions shall be ineligible for a similar examination until after the expiration of six (6) months from the date such applicant last took the examination, and then only upon making a full application as in the first instance and meeting all requirements for application in effect at the time of re-applying. The State Examinations are administered by the Appraisal Board Staff and the applicant will be notified of the available examination dates after the application has been approved and the necessary requirements satisfied.

30 Miss. Admin. Code Pt. 1501, R. 3.4 Fees

The Board shall collect the following application/licensing fees:

i. Application/State Exam $225.00

ii. Applications for Appraiser Trainee $ 50.00

iii. Applications pursuant Rule 9 $ 50.00 (Licensees of Other State)

iv. Applications pursuant Rule 6 $ 175.00 (Temporary Privilege) Temporary Certificate Issuance $ 75.00

v. Credentials Issuance (2 years) Licensed Appraiser $325.00 Certified Residential $325.00 Certified General $325.00

30 Miss. Admin. Code Pt. 1501, R. 3.5 Licensing After Examination

After passing both portions of the examination(s), an applicant must pay, within one hundred eighty (180) days from the examination date, the necessary fees to have their credential issued. If the appropriate fees are not paid within the stated 180 day time period, or unless extenuating circumstances for such failure are brought to the attention of the Board and a hearing before the Board is requested, the $225.00 application fee will be forfeited and the applicant will be required to start the application process over by filing a new application with payment of another $225.00 application fee. If any application requirement changes after the applicant has passed the examination but prior to the time their original credential has been issued, the applicant will be required to meet the new requirements prior to the issuing of their credential.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(a)(b)(c), 73-34-9(1)(i), 73-34-9(2)(f)(g)(j), 73-34-21, 73-34-45

Chapter 4 Board Organization

30 Miss. Admin. Code Pt. 1501, R. 4.1 Board Organization

The Mississippi Real Estate Appraiser Licensing and Certification Board shall elect a chairman and a vice-chairman who will serve in the absence of the chairman or at the discretion of the chairman. The election of officers shall be held annually in December. In the event of a vacancy in either position, the Board shall set a date, after adequate notice to all members to all members to elect a replacement. Special meetings may be called by the chairman on his own motion or by written request of three (3) members. Board meeting procedures will follow Robert's Rules of Order as pertains to boards or groups of limited membership as constitutes this Board. Information concerning Board action, meeting dates, licensing and certification and other Board responsibilities under Chapter 34, Mississippi Real Estate Appraiser Licensing and Certification Act, may be obtained from the Board office and staff. Applications, complaint forms and other printed material may also be requested through written or telephonic contact with the Board staff.

History

• Source: Miss. Code Ann. §§ 73-34-7

Chapter 5 Continuing Education.

30 Miss. Admin. Code Pt. 1501, R. 5.1 Continuing Education

As a prerequisite to renewal of license, an active status licensed or certified appraiser whose license was issued or renewed prior to January 1, 1998 shall present evidence satisfactory to the Board that such appraiser has obtained twenty (20) hours of Board approved continuing education during the preceding license cycle. In order to renew a license which was issued or renewed January 1, 1998 or thereafter, an appraiser shall present evidence satisfactory to the Board of having obtained twenty-eight (28) hours of Board approved continuing education which shall include at least seven (7) hours in USPAP coverage.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.2 Approved Courses

1. Any course, which meets the educational requirements for licensing as set forth in Section 73-34 of the Mississippi Code of 1972, Annotated and the Administrative Rules and Regulations of the Mississippi Real Estate Appraiser Licensing and Certification Act, is deemed to be an approved continuing education course.

2. Any course sponsored or provided by the Board which the Board may deem to be an approved continuing education course.

3. Any course which has been individually approved by the Board pursuant to the provisions of this Rule. Any course in this category must be approved prior to its presentation. 4. Any course which has been approved for real estate appraiser continuing education by any state or country wherein their appraiser licensing and certification program has been

approved by the Appraisal Subcommittee and which course satisfies the requirements established in Part 1501, Chapter 5, Rule 5.2 (1, 2, & 3) of this Rule with the exception of instruction in license law which pertains solely to a state other than Mississippi, may be utilized to meet the requirements for continuing education upon approval of the individual course by the Board.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.3 Procedures and criteria for approval of courses

1. Definitions: A provider is any person, partnership association, corporation, educational organization, or other entity which sponsors, offers, organized provides or promotes real estate appraiser continuing education courses. An instructor is a person who delivers educational material and information directly to students.

2. A provider desiring approval of a continuing education course as referred to in Section 73- 34-33, Mississippi Code of 1972, Annotated, shall make application to the Board. The provider, the course, and the instructor must receive concurrent approval. Courses described under Part 1501, Chapter 5, Rule 5.2 must receive approval prior to the course being given, except that, in the Board's discretion, courses which have not received such prior approval but which meet the proper criteria may be approved for credit for appraisers who have completed such courses.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.4 Standards for approval of courses

1. A proposed continuing education course shall be an educational process or program which is related to real property appraisal theory, practices or techniques. Credit may be granted for educational offerings designed to maintain and increase the appraiser's skill, knowledge and competency in real estate appraising and cover real estate related appraisal topics such as those listed below:

(a) Ad Valorem Taxation

(b) Arbitration

(c) Business courses related to practice of real estate appraisal

(d) Construction estimating

(e) Ethics and standards of professional practice

(f) Land use planning, zoning and taxation

(g) Management, leasing, brokerage, time sharing

(h) Property development

(i) Real estate appraisal (valuations/evaluations)

(j) Real estate law

(k) Real estate litigation

(l) Real estate financing and investment

(m) Real estate appraisal related computer applications

(n) Real estate securities and syndication

(o) Real property exchange

2. Courses shall be taught only by approved qualified instructors.

3. Courses shall be offered in minimum two-hour segments.

4. The approval shall be for no more than a two-year period from the date of the initial approval. The approved provider shall be required to re-file for an extension of the approval date with the renewal being for a two-year period. However, a course, instructor and provider may be approved on a one-time basis where the course will be offered on such basis.

5. The approved provider shall issue certificates of attendance only to those licensees who shall physically attend the approved course.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.5 Educational Credit

Credit may also be awarded for up to one-half (1/2) of an individual(s) required continuing education in a "CE Cycle" for participation, other than as a student, in appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching program development, authorship of textbooks, or similar activities which are determined to be equivalent to obtaining continuing education.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.6 Qualifications of Instructors

The education and/or experience of the instructor must be appropriate to teach the subject matter of approved course.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

30 Miss. Admin. Code Pt. 1501, R. 5.7 Administrative Requirements

1. Providers of continuing education courses shall furnish the Board with a class roster listing each attendee, in alphabetical order, within thirty (30) days of the completion of each course.

2. Providers will utilize a three-part certificate or its equivalent for the purpose of certifying individual attendance. One designated part shall be returned completed to the Board, one part shall be given to the attendee, and the remaining part shall be retained by the provider.

3. Attendance and other records of each provider must be kept on file for a period of three (3) years and will be subject to inspection by the Board at any time during normal business hours.

4. Providers may promote their offerings by advertise that a course meets a portion of the continuing education requirements; however, no advertisement shall be used which states or implies that the Mississippi Real Estate Appraiser Licensing and Certification Board has approved or passed on the merits of a course.

5. Suspension or Revocation or Approval Failure to comply with any provision of this rule shall constitute grounds for suspension or revocation of the approval of a course, a provider or an instructor, or other such action as deemed appropriate by the Board. Any member of the Board or its duly authorized representatives may audit any offering of an approved course at any time during course presentation to determine the adequacy of the course presentation and the content. Failure to meet criteria for continuing education approval as established in the Board's policy shall constitute grounds for withdrawal of continuing education approval of a course.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(i), 73-34-33

Chapter 6 Temporary Licensing/Certification Privileges.

30 Miss. Admin. Code Pt. 1501, R. 6.1 Application

A real estate appraiser who is on active status and in good standing in a state other than Mississippi and who is Licensed or Certified by the appraiser licensing or certifying agency in such state may apply to receive temporary licensing or certification privileges in Mississippi by filing with the Mississippi Real Estate Licensing and Certification Board (Board) a notarized application on a form prescribed by the Board for such purpose which shall set forth and include the following:

1. Applicant's name, address, social security number and such other information as may be necessary to identify the applicant;

2. A written statement issued by the appraiser licensing or certifying agency in the applicant's resident state certifying that the applicant is duly licensed or certified in good standing in such state and setting forth any disciplinary actions known to or taken by the agency against such applicant;

3. The estimated amount of time required to perform the appraisal;

4. An irrevocable consent that service of process in any action against the applicant arising out of the applicant's appraisal activities in Mississippi may be made by delivery of the process on the Chief Executive Officer of the Board; and

5. Such other information as may be necessary to determine the applicant's eligibility for temporary appraiser licensing or certification privileges in Mississippi.

6. The Board shall collect, at the time of submission of an application for Temporary Licensing/Certification, a non-refundable Application Fee of $175.00 (One Hundred Seventy-Five Dollars) and a non-refundable Temporary Certificate Issuance Fee of $75.00 (Seventy-Five Dollars) for issuance of the temporary license/certification, for a total fee of $250.00 (Two Hundred Fifty Dollars) for temporary licensure/certification privileges.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(a), 73-34-51, 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 6.2 Limitations and requirements for this privilege are as follows:

1. Each appraisal assignment will require a temporary permit and no more than two (2) permits will be granted in a twelve (12) month period.

2. Licensing and certification privileges shall expire six (6) months from the date of issuance or upon the expiration of the appraiser's real estate appraiser credential in their home state, whichever shall occur first. A sixty (60) day extension to the temporary licensing and certification privilege may be granted if the Board receives a written request detailing the reasons for the extension. The validity of the temporary permit shall end when the assignment is completed or at the end of the six (6) month period (including any extension period), whichever occurs first.

3. Persons granted temporary licensing/certification privileges shall not advertise or otherwise hold themselves out as being licensed or certified by the State of Mississippi and must place their temporary privilege number adjacent to their signature on the appraisal report.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(a), 73-34-45, 73-34-51, 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 6.3 Complaints

The Board shall refer to the appraiser licensing or certifying agency in the registrant's resident state any verified complaint filed against the registrant alleging that the registrant has engaged in conduct violative of the Mississippi Real Estate Appraiser Licensing and Certification Act and its Rules and Regulations and in the performance of real estate appraisals in Mississippi.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(a), 73-34-51, 73-34-59

Chapter 7 Roster of Licensed Appraisers; Annual Registry Fee.

30 Miss. Admin. Code Pt. 1501, R. 7.1 Annual Registry Fee

The Appraisal Subcommittee requires that each state submit a roster of individuals who have been Licensed or Certified. The annual registry fee which must be collected from each licensee is $40.00. This fee must be paid to the Board, upon notification, and within the deadline provided. (§73-34-49) (Federal Register, 6/6/91)

History

• Source: Miss. Code Ann. §§ 73-34-49, 73-34-59

Chapter 8 General Categories.

30 Miss. Admin. Code Pt. 1501, R. 8.1 Review Appraisals

1. When a real estate appraisal is prepared by a real estate appraiser Licensed pursuant to §73-34-17 of the Mississippi Real Estate Appraiser Licensing and Certification Act, the appraisal cannot become certified unless co-signed (co-authored) by a State Certified Residential real estate appraiser or a State Certified General real estate appraiser. A review appraisal prepared pursuant to Standard 3, Uniform Standards of Professional Appraisal Practice, or otherwise defined as a review appraisal will not be sufficient to categorize the appraisal as certified.

2. The appointed members, ex-officio member and staff of the board, who are state licensed or certified real estate appraisers, shall be exempt from the requirements of Standard 3 of the Uniform Standards of Professional Appraisal Practice (USPAP) when performing review assignments, in their official capacity, of matters relating to real estate appraisal standards, real estate appraiser qualifications, testing standards and disciplinary functions.

History

• Source: Miss. Code Ann. §§ 73-34-9(3)

30 Miss. Admin. Code Pt. 1501, R. 8.2 Written Appraisals

All appraisals prepared in connection with federally related transactions must be written appraisals.

History

• Source: Miss. Code Ann. §§ 73-34-9

Chapter 10 Abbreviations.

30 Miss. Admin. Code Pt. 1501, R. 10.1 Abbreviations

Mississippi licensed appraisers may use the following abbreviations with their assigned license number (LA, RA, GA-000) when signing an appraisal report, certified appraisal report, statements of qualification, contracts or other instruments used by the license holder when reference is made to such license holder's status as a licensed real estate appraiser or licensed certified real estate appraiser as required by Section 47 of the Mississippi Real Estate Appraiser Licensing and Certification Act:

Mississippi .............................. MS, Miss. Licensed .................................. Lic. Appraiser ................................. App., Appr. Certified .................................. Crt., Cert. Residential............................... Re s. General .................................... Gen., Genl. Real Estate .............................. R. E., RE, Rel. Est. Temporary ............................... Temp. Privilege .................................. Priv.

When signing an appraisal form approved by a Federal agency (Example: Fannie Mae Form 1004) or financial lending institution, the following additional abbreviations may be used:

Licensed Real Estate Appraiser MS LA-000; LA-000

Licensed Certified Residential Real Estate Appraiser MS Crt. RA-000, MS Cert. RA- 000; RA-000

Licensed Certified General Real Estate Appraiser MS Crt. GA-000 ; MS Cert. GA-000 ; GA-000

History

• Source: Miss. Code Ann. §§ 73-35-9(i), 73-34-11

Chapter 11 Appraiser Trainee Qualification Criteria.

30 Miss. Admin. Code Pt. 1501, R. 11.1 Scope of Practice

The scope of practice for the Appraiser Trainee Classification is strictly limited to appraisal assistance for those properties which the Certified Supervisory Appraiser is permitted to appraise based on his/her current credential and his/her competency to appraise the type of property.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.2 Uniform Standards of Professional Appraisal Practice

The Appraiser Trainee shall be subject to the Uniform Standards of Professional Appraisal Practice (USPAP).

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.3 Appraisal Reports Kept on File Time Period

The Appraiser Trainee shall be entitled to obtain copies of all appraisal reports that they assisted in preparing with the Certified Supervisory Appraiser. The Certified Supervisory Appraiser shall keep copies of all such appraisal reports for a period of at least five years or for at least two years following the final disposition of any judicial proceeding in which testimony was given, whichever period expired last.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.4 Examination

There is no examination requirement for the Appraiser Trainee Permit.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.5 Education Prerequisite to Application:

1. As a prerequisite to application for an Appraiser Trainee permit, an applicant must have completed all education requirements established by the AQB, including successful passage of the appropriate end-of-course examinations in all prerequisite qualifying education courses. Applicants must also pass the 15-hour National Uniform Standards of Professional Appraisal Practice (USPAP) course or its AQB-approved equivalent and

the examination as part of prequalification education requirements as established by the AQB. All qualifying education must be completed within the five (5) year period immediately prior to the date of the submission of an Appraiser Trainee application.

NOTE: Appraiser Trainees shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the Appraisal Qualifications Board (AQB), which is specifically oriented to the requirements and responsibilities of the Certified Supervisory Appraiser and the Appraiser Trainee. The course must be completed by the applicant prior to obtaining an Appraisal Trainee credential from the State Appraisal Board. Further, the Appraiser Trainee course is not eligible for use towards the required hours of qualifying education required to become an Appraiser Trainee as established by the AQB.

2. A classroom hour is defined as 60 minutes, of which at least 50 minutes are instruction attended by the student.

3. Classroom hours for Qualifying Education may only be obtained where the minimum length of the educational offering is 15 hours in length and the individual must have successfully completed an examination pertinent to that educational offering.

4. Credit for the classroom hour requirement may be obtained from the following:

(a) Colleges or Universities

(b) Community or Junior Colleges

(c) Real Estate Appraisal or Real Estate related organizations as approved by the Board.

(d) State or Federal Agencies or Commissions as approved by the Board.

(e) Proprietary Schools as approved by the Board.

(f) Other providers approved by the Board.

5. The content for courses, seminars, workshops, or conferences should include coverage of basic real estate appraisal principles, procedures and USPAP as described in the Appraisal Qualifications Board (AQB) course curriculum guideline, as follows:

(a) Basic appraisal principles;

(b) Basic appraisal procedures;

(c) The 15- hour National USPAP Course or its equivalent; and

(d) The Appraiser Trainee/Certified Supervisory Appraiser training course.

History

• Source: Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.6 Experience

1. The Appraiser Trainee shall be subject to the direct supervision of a State Certified Supervisory Appraiser who shall be state certified, in good standing and subject to the Board’s approval. No experience may be gained by the Appraiser Trainee unless the Board has approved the State Certified Supervisory Appraiser with whom they are working.

2. The State Certified Supervisory Appraiser shall be responsible for the training and direct supervision of the Appraiser trainee by:

(a) Accepting all responsibility for the appraisal and the report by signing and certifying that the report is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) and by further documenting the tasks completed by the Appraiser Trainee and verifying the time (hours) the Appraiser Trainee spent providing the appraisal assistance.

(b) Personally inspecting and being physically present at each appraised property with the Appraiser Trainee, if an inspection is required, until such time as the Certified Supervisory Appraiser determines that the Appraiser Trainee is competent to inspect the property type in accordance with the Competency Rule of USPAP.

(c) Sign all appraisals as the Supervisory Appraiser if an Appraiser Trainee documents the appraisal as being part of their appraisal experience log.

3. The Appraiser Trainee is permitted to have more than one Certified Supervisory Appraiser, but each must be approved by the Board prior to any experience being earned.

4. An appraisal experience log shall be maintained jointly by the Appraiser Trainee and the Certified Supervisory Appraiser, with each sheet signed by the Certified Supervisory Appraiser and shall, at a minimum, include the following:

(a) Type of property

(b) Date of the report with client name and address

(c) Address of appraised property

(d) Description of work performed by the Appraiser Trainee and the scope of the review and supervision of the Certified Supervisory Appraiser.

(e) Number of actual work hours by the Appraiser Trainee on the assignment

(f) Signature and state certification number of the supervising Certified Appraiser.

5. Separate appraisal experience logs shall be maintained for each Certified Supervisory Appraiser.

6. Documented and verified appraisal experience hours of an Appraisal Trainee are acceptable for the Licensed Appraiser credential, the Certified Residential credential or the Certified General credential.

History

• Source: Source: Miss. Code Ann. §§ 73-34-5, 73-34-9(1)(c), 73-34-59

30 Miss. Admin. Code Pt. 1501, R. 11.7 Continuing Education

An Appraiser Trainee shall be required to obtain:

1. At least fourteen (14) hours of elective continuing education per year. In addition, a seven (7) hour USPAP up-date course must be taken within a two-year period.

2. A classroom hour is defined as sixty (60) minutes, of which at least 50 minutes are instruction attended by the student.

3. Credit toward the classroom hour requirement may be granted only where the length of the educational offering is at least two hours.

4. Credit for the classroom hour requirement may be obtained from the following:

(a) Colleges or Universities

(b) Community or Junior Colleges

(c) Real Estate Appraisal or Real Estate Related Organizations approved by the Board.

(d) State or Federal Agencies or commissions approved by the Board.

(e) Proprietary Schools approved by the Board.

(f) Other providers approved by the Board.

5. Credit may be granted for educational offerings which are consistent with the purpose of continuing education stated in subparagraph “7” below and include real estate related appraisal topics such as those listed below.

(a) Ad Valorem Taxation

(b) Arbitration

(c) Business Courses related to practice of real estate appraisal

(d) Construction estimating

(e) Ethics and standards of professional practice

(f) Land use planning, zoning and taxation

(g) Management, leasing, brokerage, timesharing

(h) Property development

(i) Real estate appraisal (valuations/evaluations)

(j) Real estate law

(k) Real estate litigation

(l) Real estate financing and investment

(m) Real estate appraisal related computer applications

(n) Real estate securities and syndication

(o) Real property exchange

6. Credit may also be awarded for up to one-half (1/2) of an individual(s) required continuing education in a "CE Cycle" for participation, other than as a student, in appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching program development, authorship of textbooks, or similar activities which are determined to be equivalent to obtaining continuing education.

7. The purpose of continuing education is to ensure that the appraiser participates in a program that maintains and increases his/her skill, knowledge and competency in real estate appraising.

History

• Source: Miss. Code Ann. §§ 73-34-9(1)(c), 73-34-59

Chapter 12 Certified Supervisory Appraiser Qualification Criteria.

30 Miss. Admin. Code Pt. 1501, R. 12.1 Scope of Practice

1. Certified Supervisory Appraisers shall be responsible for the training, guidance and the direct supervision of the Appraiser Trainee by:

(a) Accepting all responsibility for the appraisal and the report by signing and certifying that the report is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) and by further documenting the tasks completed by the Appraiser Trainee and verifying the time (hours) the Appraiser Trainee spent providing the appraisal assistance.

(b) Personally inspecting and being physically present at each appraised property with the Appraiser Trainee, if an inspection is required, until such time as the Certified Supervisory Appraiser determines that the Appraiser Trainee is competent to inspect the property type in accordance with the Competency Rule of USPAP.

(c) Reviewing and signing all appraisals as the Certified Supervisory Appraiser if an Appraiser Trainee documents the appraisal as being part of their appraisal experience log.

2. Certified Supervisory Appraisers shall be state-certified and in good standing in the jurisdiction in which the Appraiser Trainee practices for a period of at least three (3) years. Certified Supervisory Appraisers shall not have been subject to any disciplinary action within any jurisdiction within the last three (3) years that affects the Certified Supervisory Appraiser's legal eligibility to engage in appraisal practice. Eligibility is evaluated on an "on-going" basis. A Certified Supervisory Appraiser subject to a disciplinary action would be considered to be in good standing three (3) years after the successful completion and termination of the sanction imposed against the Appraiser.

3. Certified Supervisory Appraisers shall have been state-certified for a minimum of three (3) years prior to being eligible to become a Certified Supervisory Appraiser.

4. Certified Supervisory Appraisers must comply with the COMPETENCY RULE of USPAP for the property type and geographic location where the Appraiser Trainee is being supervised.

5. Whereas an Appraiser Trainee is permitted to have more than one Certified Supervisory Appraiser, Certified Supervisory Appraisers may not supervise any more than three (3) Appraiser Trainees at any one time.

6. An appraisal experience log shall be maintained jointly by the Appraiser Trainee and the Certified Supervisory Appraiser, with each sheet signed by the Certified Supervisory Appraiser and shall, at a minimum, include the following:

(a) Type of property

(b) Date of the report

(c) Client name and address

(d) Address of appraised property

(e) Description of work performed by the Appraiser Trainee and the scope of the review and supervision of the Certified Supervisory Appraiser.

(f) Number of actual work hours performed by the Appraiser Trainee

(g) The signature and state certification number of the Certified Supervisory Appraiser. In addition, separate appraisal logs shall be maintained for each Certified Supervisory Appraiser, if applicable.

7. Certified Supervisory Appraisers shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the AQB, which is specifically oriented to the requirements and responsibilities of Certified Supervisory Appraisers and Appraiser Trainee Appraisers. The course is to be completed by the Certified Supervisory Appraiser prior to supervising an Appraiser Trainee.

Chapter 13 Disciplinary Actions

30 Miss. Admin. Code Pt. 1501, R. 13.1 Complaints & Investigations

1. The Board may commence an investigation upon receipt of information indicating that a credentialed appraiser may have committed a violation of the Board’s laws or regulations as set forth under Mississippi Code 73-34-35 (1972, as amended), or on its own initiative (complaint).

2. A complaint may be dismissed for lack of jurisdiction, because no apparent violation exists, there is insufficient evidence to prove a violation, or warrants dismissal for other good cause; or the complaint may be resolved by a consent order or other informal disposition. If the complaint is not dismissed, resolved by a Consent Order or other informal disposition, a formal complaint shall be filed and the matter shall proceed to a hearing in accordance with provisions of Mississippi Code Ann. 73-34-41 (1972, as amended).

History

• Source: Miss. Code Ann. 73-34-9(2)(d), (j), (l)&(n) (Rev. 2012).

Part 1502 Part 1502: Appraisal Management Companies

Chapter 1 Definitions

30 Miss. Admin. Code Pt. 1502, R. 1.1 Definitions

As used in these rules, the following words and terms shall have the following meaning:

1. “AMC National Registry” means the national registry maintained by the ASC (Appraisal Subcommittee) of those Appraisal Management Companies (AMCs) that meet the federal definition of AMC, as defined in 12 U.S.C. Section 3350(11), are registered by a state or are federally regulated, and have paid the annual AMC registry fee.

2.. “Applicant” means any person or entity who has applied for a Certificate of Registration as an Appraisal Management Company (AMC) with the Mississippi Real Estate Appraiser Licensing and Certification Board (MAB).

3. “Appraisal Foundation” means the Appraisal Foundation, as defined by 12 U.S.C. Section 3350, or its successor.

4.. “Appraisal Management Company” or “AMC” means any person or entity defined in Miss. Code Ann. § 73-34-3, required to register with MAB under the Mississippi Appraisal Management Company Registration Act.

5. “Appraisal Subcommittee” or “ASC” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its successor.

6. “Appraiser” means an individual person who currently holds a current valid Mississippi license as a state Licensed Real Estate Appraiser, a state Licensed Certified Residential Real Estate Appraiser or a state Licensed Certified General Real Estate Appraiser; or an out of state certified or licensed appraiser who holds a current valid temporary practice permit issued by the MAB entitling that individual person to perform an appraisal of real property in the State of Mississippi consistent with the scope of practice identified in the Real Property Appraiser Qualification Criteria promulgated by the Appraiser Qualifications Board of the Appraisal Foundation.

7. “Appraiser Panel” means a network, list or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC.

8. “Appraiser Qualifications Board” means the Appraiser Qualifications Board of the Appraisal Foundation, or its successor.

9. “Board” or “MAB” means the Mississippi Real Estate Appraiser Licensing and Certification Board.

10. “Certificate of Registration” means a certificate issued by the MAB verifying the registration of a person or entity as being approved to conduct business in the State of Mississippi as an AMC.

11. “Commission” or “MREC” means the Mississippi Real Estate Commission.

12. “Controlling Person” means one or more of the following:

(a) An officer or director, or an owner of greater than a (10%) interest of a corporation, partnership, or other business entity, seeking to offer Appraisal Management Company services in this state;

(b) An individual employed, appointed, or authorized by an AMC that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or

(c) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an AMC.

13. “Designated Officer” means a Controlling Person who is an employee of the AMC authorized by the governing structure of the AMC to act on its behalf for the purposes of application for, and compliance with, a Certificate of Registration to operate as an Appraisal Management Company, as further set forth pursuant to the Board’s laws, rules and regulations.

14. “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates, and which requires the services of an appraiser.

15. “Federal financial institutions regulatory agencies” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

16. “Registrant” means any person or entity authorized to conduct business as an AMC in Mississippi memorialized by issuance of a Certificate of Registration by the MAB.

17. “Registration” means the procedure and requirements with which a person or entity shall comply in order to qualify to conduct business as an AMC in the State of Mississippi.

18. “Uniform Standards of Professional Appraisal Practice” means the current standards of the appraisal profession, developed for appraisers and users of appraisal services by the Appraisal Standards Board of the Appraisal Foundation.

19. “USPAP” means the Uniform Standards of Professional Appraisal Practice.

History

• Source: Miss. Code Ann. §§ 73-34-3, 73-34-103(1) & 73-34-111 ( Rev. 2012).

Chapter 2 Registration

30 Miss. Admin. Code Pt. 1502, R. 2.1 Certificates of Registration

1. Each Certificate of Registration issued by the MAB shall indicate on its face in clear and concise language the following information:

(a) The name of the holder;

(b) The Certificate of Registration number;

(c) The dates of issuance and expiration of the document; and

(d) Shall bear the signature of the Administrator of the Board.

2. Each Certificate of Registration shall be valid for the term set forth on the face of the Certificate unless otherwise ordered by the Board. Each Certificate of Registration shall remain the property of the MAB and shall be surrendered to the MAB upon order of the Board.

3. Every Certificate of Registration shall be valid for a period of one (1) year from the date of issuance unless otherwise ordered by the Board.

4. An Appraisal Management Company shall not be registered, nor may it be placed on the national registry, if such entity is:

(a) Owned in whole or in part, directly or indirectly, is owned, by any person who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked by any appraiser credentialing jurisdiction; or

(b) Owned by more than ten percent (10%) by a person who is not of good moral character as set forth in Miss. Code Ann. § 73-34-109(1)(b).

History

• Source: Miss Code Ann. §§ 73-34-25, 73-34-123 &73-34-109(1) (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.2 Application Process

1. An applicant for a Certificate of Registration as an Appraisal Management Company (AMC) shall apply by submitting a written application on the Board’s prescribed form and shall be subject to approval by the Board. Applicant shall fully and accurately report all information and submit all documentation required by the application and the Board.

2. Applications for initial registration as an AMC shall include, at a minimum, the following information:

(a) The name, business address, phone number and other contact information for the applicant;

(b) Fictitious name or names under which applicant does business in any state;

(c) Branch offices at which applicant will conduct business in this state;

(d) If the applicant is not a corporation that is domiciled in this state, the name and contact information for the applicant’s agent for service of process in this state;

(e) The name, address, and contact information for any individual or business entity that owns ten percent (10%) or more of the applicant AMC;

(f) The name, address and contact information for the individual designated as the Designated Officer;

(g) A certification that the applicant AMC has a system in place to verify that a person being added to the appraiser panel of the AMC holds a license in good standing by the Mississippi Real Estate Appraiser Licensing and Certification Board, if a license is required to perform appraisals;

(h) A certification that the applicant AMC requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), including the requirements for geographic and product competence; (i) A certification that the applicant AMC has a system in place to verify only licensed or certified appraisers are used for federally related transactions;

(j) A certification that the applicant AMC has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, including the requirements for payment of a reasonable and customary fee to appraisers when the AMC is providing services for a consumer credit transaction secured by a principal dwelling of a consumer; and

(k) A certification that the applicant AMC maintains a detailed record of each service request that it receives and the appraiser that performs the residential real estate appraisal services for the AMC.

3. An application fee in the amount of One Thousand Five Hundred Dollars ($1,500.00) shall be submitted with the application.

4. The application must be accompanied by a surety bond with the Board in the amount of Twenty Thousand Dollars $20,000.00. The bond shall be payable to the State of Mississippi for the use, benefit and indemnity of any person who suffers any damage or loss as a result of the appraisal management company’s breach of contract or of any

obligation arising therefrom or any violation of law. Any claims reducing the face amount of the bond must be restored at the time of annual renewal.

5. Applicants not domiciled in this state shall complete an Irrevocable Uniform Consent to Service of Process.

6. Applicant shall provide any other information required by the Board deemed reasonably necessary for the implementation and administration of the statues and rules.

History

• Source: Miss. Code Ann. §§ 73-34-13, 73-34-103 (1), (2), (4) & 73-34-107 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.3 Designated Officer

1. Each AMC applying for registration shall designate one (1) controlling person who is an employee of the AMC as its Designated Officer. The Designated Officer shall be the AMC’s designated contact for all communications between the Board and the AMC.

2. The Designated Officer shall be authorized by the AMC to act on its behalf for the purpose of the application for and compliance with a Certificate of Registration to operate as an AMC. The Designated Officer shall be responsible for the supervision and control of activities conducted on behalf of the AMC by its officers and employees as necessary to secure full compliance with the provisions of the Board’s laws, rules and regulations.

3. The Designated Officer shall:

(a) Be authorized by the AMC to enter into a contractual relationship with other persons for the performance of services requiring registration as an AMC and have the authority to enter into agreements with appraisers for the performance of appraisals;

(b) Possess the power to direct or cause the direction of the management or policies of the AMC.

History

• Source: Miss. Code Ann. § 73-34-111, 73-34-3(q), (ii), (iii) & 73-34-9(l) (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.4 Renewal Process

1. Certificates of Registration may be renewed for a period of one (1) year.

2. To obtain renewal of any registration, the holder of a current, valid registration shall file an application for renewal on the Board’s prescribed form no earlier than one hundred twenty (120) days nor later than the expiration date of the registration then held.

3. The application for renewal of a Certificate of Registration of an AMC shall include substantially similar information as required for initial registration. The applicant shall

fully and accurately report all information and submit all documentation required by the application and the Board.

4. The One Thousand Five Hundred Dollars ($1,500.00) renewal fee and the applicable National Registry Fee shall be submitted with the application for renewal.

5. Registrants may renew expired Certificates of Registration up to sixty days following expiration of the registration by satisfying all of the requirements for renewal and filing an application for renewal, accompanied by the 100% delinquent renewal fee, within sixty (60) days of the date that the registration expired.

6. After a Certificate of Registration has been expired for a period of time in excess of the above sixty (60) days, the Certificates of Registration may not be renewed. In order to acquire a Certificate of Registration, an AMC shall reapply as if applying for the initial registration.

2012).

History

• Source: Miss. Code Ann. §§ 73-34-13, 73-34-25, 73-34-27, 73-34-45(2), 73-34-103(4) (Rev.

30 Miss. Admin. Code Pt. 1502, R. 2.5 Fee Schedule

1. The fees required of all AMCs for initial registration or renewing a registration under the Mississippi Appraisal Management Registration Act are set forth below.

2. The MAB shall charge and collect fees as follows:

(a) Certificate of Registration (Initial Registration and Renewal) $1,500.00

(b) Delinquent Renewal Fee (100% penalty) $1,500.00

(c) Dishonored Check Fee costs of collection plus $25.00

3. AMC National Registry. Pursuant to Miss. Code Ann. §73-34-45 (3), MAB shall charge and collect a National Registry Fee in such amount as may be assessed by the Appraisal Subcommittee for all AMCs holding a Certificate of Registration in the State of Mississippi. Said fees shall be transmitted by the Board to the Appraisal Subcommittee.

2012).

History

• Source: Miss. Code Ann. §§ 73-34-45(1), (2), (3) (Rev. 2019) 73-34-27 & 73-34-9(2)(j) (Rev.

30 Miss. Admin. Code Pt. 1502, R. 2.6 Change of Information

1. All applicants for and holders of an AMC Certificate of Registration and their Designated Officer shall, within ten (10) days, submit written notice to MAB of any change to the following:

(a) Name;

(b) Residence address;

(c) Business name;

(d) Business address,

(e) Business telephone number, or

(f) Mailing address, if different than above.

2. Registrants shall report in writing any changes of an agent for service of process, a Designated Officer, and Controlling Person, including any changes to the percentage(s) of ownership, within ten (10) days of the effective date of any such change.

3. The business name, address and telephone number shall be considered the applicant’s or registrant’s address and the telephone number of records for all purposes unless otherwise requested in writing by the applicant or registrant. If no business address is provided, the mailing address shall be the latest address of record and on file with the MAB.

History

• Source: Miss. Code Ann. §§ 73-34-103 & 73-34-111 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.7 Background Investigations

1. Each owner of more than ten percent (10%) of an AMC shall be of good moral character as determined by the MAB pursuant to Miss. Code Ann. § 73-34-109(b), and shall submit to a background investigation authorized by the Board.

2. Background investigations shall be conducted by a law enforcement agency or entity authorized by the Board and shall be conducted at the applicant’s expense. The Board shall conduct searches for participating state AMC registration and licensing checks through the National Registry, or other venues as directed by the Board. Statewide criminal background checks are to be initiated by the applicant with the results to be sent directly to the Board.

History

• Source: Miss. Code Ann. § 73-34-109(1)(b), (2) (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.8 Bookkeeping Provisions

1. Each registrant shall maintain records as follows:

(a) detailed record of each service request that it receives for appraisal of real property located in Mississippi, which shall include, but is not limited to:

i. a copy of the letter of engagement between the registrant and the appraiser;

ii. a copy of each appraisal report received from an appraiser, including the original report, any revised reports, and any addenda or other materials furnished subsequent to the delivery of the original report;

iii. copies of all correspondence between the appraiser and the registrant and any other entity involved in the transaction;

iv. a copy of the letter of engagement engaging another appraiser for the purpose of reviewing the appraisal; v. a copy of any review of the appraisal performed, including the original review report, subsequent correspondence between the reviewer and registrant, and each subsequent revised review report;

vi. a copy of the request received from the registrant’s client, all documentation supplied to that client, all correspondence between client and registrant; and

vii. a record of fees disbursed to contracted appraisers and the fee received by the registrant from the registrant’s client.

(b) Copies of all appraiser fee schedules maintained and used by the registrant for the purpose of compliance with the provisions of the Truth in Lending Act (TILA) relating to reasonable and customary fees, which shall include evidence for such fees required by TILA. Such fee schedules shall include the beginning and ending effective dates for the document.

(c) Copies of rosters of appraiser fee panels used for assignments in Mississippi including the name of the appraiser, each appraiser’s Mississippi credential number, the date the appraiser was placed on the panel and the date and reason the appraiser was removed from the panel.

2. Registrants shall maintain the records set forth above for a period of five (5) years, after an appraisal is completed or two (2) years after final disposition of a judicial proceeding related to the assignment, whichever expires later as required by Miss. Code Ann. § 73- 34-119.

3. Registrants shall produce for inspection and copying by the MAB, any record required to be maintained herein or under the provisions of the of the Board’s laws, rules and regulations, on receipt of reasonable notice by registrant. Reasonable notice shall be taken to mean not later than seven (7) working days following receipt of any such request by a Designated Officer.

History

• Source: Miss. Code Ann. §§ 73-34-103 (k) & 73-34-119 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.9 Annual Certifications

Each AMC shall certify on an annual basis:

1. That it has systems in place to verify that:

(a) An individual on the appraiser panel has not had a license or certification as an appraiser refused, denied, cancelled, revoked or surrendered in lieu of a pending revocation in the previous twelve (12) months; and

(b) Only licensed or certified appraisers are used to complete appraisal assignments in connection with federally related transactions.

2. That it requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), including the requirements for geographic and product competence.

3. That it has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, including the requirement that fee appraisers be compensated at a customary and reasonable rate when the AMC is providing services for a consumer credit transaction secured by the principal dwelling of a consumer.

4. That it has a system in place requiring payment to an independent contract appraiser for the completion of an appraiser service within thirty (30) days after the appraiser provides the completed appraisal report to the AMC, except in cases involving a bona fide breach of contract, substandard performance of services, or alternate payments terms agreed upon by the appraiser and the AMC.

5. The AMC shall not prohibit an appraiser from reporting the fee paid to the appraiser in the body of the appraisal report, however the AMC may require an appraiser to present any such disclosure in a specified format and location.

6. That it maintains a detailed record of each service request that it receives and the appraiser that performs the appraisal for the AMC.

Rule 2.10: Violations of Employees, Partners, Directors, Officers or Agents of an AMC.

It shall be a violation of Sections 73-34-101 through 73-34-131 of the Board’s laws for any employee, partner, director, officer or agent of an AMC to:

1. Influence or attempt to influence the development, reporting, result or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or in any other manner, including, but not limited to:

(a) Withholding or threatening to withhold timely payment or partial payment for an appraisal with the exception of a substandard or noncompliant appraisal;

(b) Withholding or threatening to withhold future business from an appraiser, or demoting, terminating or threatening to demote or terminate an appraiser;

(c) Promising or implying that an appraiser may be given opportunities for future business, promotions or increased compensation; (d) Conditioning an assignment of an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;

(e) Requesting that an appraiser provide an estimated, predetermined or desired valuation in an appraisal, or provide estimated values or comparable sales at any time prior to the appraiser’s completion of an appraisal;

(f) Providing to an appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided; and

(g) Requiring an appraiser to prepare an appraisal report if the appraiser has indicated to the AMC that he or she does not have the necessary expertise for the specific geographic area;

2. Require an appraiser to indemnify the AMC against liability, damages, losses or claims other than those liabilities, damages, losses or claims arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser’s duties and obligations, whether as a result of negligence or willful misconduct;

3. Submit or attempt to submit false, misleading or inaccurate information in any application for registration or renewal;

4. Fail to timely respond to any subpoena or any other legally binding request for information.

5. Fail to timely obey a lawful administrative order of the Board; or

6. Fail to fully cooperate in any Board investigation.

History

• Source: Miss. Code Ann. §§ 73-34-113(3), 73-34-117 (Rev. 2019) & 73-34-119 (Rev. 2012).
• Source: Miss. Code Ann. §§ 73-34-113(3), 73-34-117 & 73-34-119 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 2.11 Removal of Appraisers from AMC Appraiser Panel

1. Notice.

(a) Notwithstanding any provision of Miss. Code Ann. §73-34-129, an AMC may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without written notice to the appraiser stating the reasons why the appraiser is being removed from the appraiser panel.

(b) If the appraiser is being removed from the panel for illegal conduct, violation of USPAP, or a violation of state licensing standards, the written notice should notify the appraiser of the nature of the alleged conduct or violation; and

(c) The notice must provide an opportunity for the appraiser to respond to the notice.

2. Decision - The decision to remove the appraiser shall be in writing and shall contain the reason(s) and the basis for the removal.

3. Service of Notice and Decision - The AMC shall send both the written notice and decision to the appraiser by certified mail, return receipt requested.

4. Complaint for Review of AMC’s Decision

(a) An appraiser who is removed from the appraiser panel of an AMC for alleged illegal conduct, violation of USPAP, or a violation of state licensing standards, may file with the Board a Complaint for review of the AMC’s decision.

(b) If an appraiser files a Complaint, it shall be filed with the Board within twenty (20) days of the appraiser’s receipt of the AMC decision.

(c) The scope of the Board’s review of the AMC decision is limited to determining whether the AMC has complied with the notice requirements; and whether illegal conduct, a violation of USPAP, or a violation of state licensing standards has occurred.

(d) Adjudication of a Complaint for review of an AMC ‘s decision to remove an appraiser from an appraiser panel shall be conducted in accordance with Miss. Code Ann. §73-34-131.

(e) If after opportunity for hearing and review, the Board determines that an AMC acted improperly in removing the appraiser from the appraiser panel, or that the appraiser did not commit a violation of law, a violation of USPAP, or a violation of state licensing standards, the Board shall:

(i) Provide written findings to the involved parties;

(ii) Provide an opportunity for the AMC/or the appraiser to respond to the findings; and

(iii) Make recommendations for action.

History

• Source: Miss. Code Ann. §§ 73-34-129 & 73-34-131 (Rev. 2012); §73-34-59 (Rev. 2019).

Chapter 3 Disciplinary Authority, Complaints & Proceedings

30 Miss. Admin. Code Pt. 1502, R. 3.1 Grounds for Disciplinary Action:

1. In accordance with the laws of this state, and to the extent permitted by any applicable federal legislation or regulation, the Board may censure an AMC, conditionally or unconditionally suspend or revoke any registration issued, or deny renewal of any registration issued, or levy fines or impose civil penalties not to exceed Five Thousand Dollars ($5,000.00), if after appropriate investigation the Board concludes that an AMC is attempting to perform, has performed, or has attempted to perform any of the following acts:

(a) Committed any act in violation of the Board’s laws;

(b) Violated any rule or regulation adopted by the Board in the interest of the public and consistent with the provisions of the Board’s laws; or

(c) Procured a registration for itself or any other person by fraud, misrepresentation or deceit.

2. The Board may also deny issuance of a registration to an applicant on any of the grounds set forth above.

History

• Source: Miss. Code Ann. §§ 73-34-35(2), 73-34-29 & 73-34-41 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 3.2 Complaints:

1. A complaint may be filed with the Board alleging that an AMC, an employee, partner, officer or agent of the AMC has committed a violation of the Board’s laws and/or rules and regulations. The complaint must be in writing, signed by the complainant and contain facts to support each allegation of violation. Documents and evidence in support of the complaint should be submitted with the complaint.

2. Upon receipt of a complaint:

(a) The Board staff shall assign the complaint a case number;

(b) If it is determined at any time that the complaint is not within the Board’s jurisdiction or that no violation exists, a recommendation will be made to the Board to dismiss the complaint.

(c) A written notice and copy of the complaint shall be sent to the AMC advising of the allegations and a request made for the AMC to submit a response within twenty (20) days of the receipt of the notice.

(d) The response shall include the following:

(i) A written response to the complaint, addressing each and every element thereof;

(ii) A copy of all requested records and any other relevant records; and

(iii) A list of any and all persons known to the registrant to have actual knowledge of any of the matters made the subject of the complaint and, contact information, if known.

3. Upon timely receipt of the AMC’s response or after the twenty (20) day response period, the Board will proceed with the investigation.

4. The Board may also commence an investigation on its own initiative.

History

• Source: Miss. Code Ann. § 73-34-41 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 3.3 Adjudicatory & Disciplinary Proceedings

1. If an investigation or information indicates that an AMC has committed a violation of the Board’s laws and/or rules and regulations, adjudicatory and disciplinary proceedings may be initiated.

2. Before censuring any registrant, or suspending or revoking any registration the Board shall:

(a) Notify the registrant in a Notice of Hearing and Complaint of any charges made at least twenty (20) days before the date set for the hearing; and

(b) Afford the registrant an opportunity to be heard in person or by counsel.

3. The Notice of Hearing and Complaint shall be:

(a) Sent by certified mail, return receipt requested to the Designated Officer of the registrant to the registrant’s business address or last address on file with the Board; or

(b) Personal service on the Designated Officer of the registrant or the registrant’s agent for service of process in this state.

4. The Notice of Hearing and Complaint shall include, among other things, the date, time and place of the hearing.

5. The hearing may be rescheduled by the Board Administrator at a different time or date with proper written notice of such change given to all parties. Prehearing motions, including motions to dismiss and motions for continuance must be filed in the administrative office of the Board not less than ten (10) days prior to the date of the hearing.

6. The Board, upon compliance with the Board’s laws relating to procedural requirements and administrative hearings, may also deny issuance of a registration to an applicant on any of the grounds provided by law.

7. Administrative hearings shall be conducted by a Hearing Officer appointed by the Board. The Hearing Officer shall preside at the hearing and rule on questions of evidence and procedure.

8. Administrative Hearings shall be open to the public. Witnesses may be excluded upon proper invocation of the witness exclusion rule.

9. At the conclusion of the hearing, the Board shall issue a decision and order containing the Findings of Fact, Conclusions of Law and any disciplinary action determined by the Board. This decision and order shall be mailed or delivered to the registrant.

10. Board members who have provide technical assistance in an investigation shall recuse themselves and not participate in any administrative hearing that results from such investigation.

History

• Source: Miss. Code Ann. §§ 73-34-9(2)(b),(d), 73-34-29, 73-34-35, 73-34-41, 73-34-43 & 73-34-131 (Rev. 2012).

30 Miss. Admin. Code Pt. 1502, R. 3.4 Appeals

The decision and order of the Board may be appealed in accordance with the applicable statutes.

History

• Source: Miss. Code Ann. § 73-34-43 (Rev. 2012).

Chapter 4 AMC National Registry

30 Miss. Admin. Code Pt. 1502, R. 4.1 Requirements for the National Registry

1. On or after June 1, 2020, the Board will implement its program pursuant to authority of Miss. Code Ann. §73-34-45(3) for collection and submission of the information required by the ASC

to maintain the AMC Registry of Appraisal Management Companies (AMCs) that are required to be registered with the State of Mississippi.

(a) The Board will transmit to the ASC reports on a timely basis of supervisory activities involving AMCs registered to conduct business in Mississippi, including reports of investigations resulting in disciplinary actions taken.

(i) All disciplinary actions imposed by the Board upon an AMC registered in this state will be reported to the National Registry maintained within five (5) business days after the disciplinary action has become final pursuant to applicable Mississippi law.

(ii) Any disciplinary action that interrupts the ability of an AMC to provide appraisal management services pursuant to state or federal law or regulation will result in the immediate status change to “inactive” on the National Registry.

(iii) The Board will report to the ASC as soon as practicable following receipt of notice that an AMC is no longer registered with or conducting business in Mississippi.

(b) The Board will collect and transmit to the ASC the AMC National Registry fee as may be set by the ASC for each AMC registered to conduct business in Mississippi.

30 Miss. Admin. Code Pt. 1502, R. 4.2 Registry Fee

1. On an annual basis, the Board shall transmit to the ASC the National Registry fee required by the ASC for appraisal management companies registered to conduct business in Mississippi.

2. On form(s) provided by the Board, each AMC registering for or renewing registration to conduct business in this state shall provide information necessary for the calculation of the applicable AMC National Registry fee.

30 Miss. Admin. Code Pt. 1502, R. 4.3 Authorized Registry Official

1. For purposes of access to AMC National Registry data, the Administrator of the Mississippi Real Estate Commission is designated as the Authorized Registry Official (ARO).

2. Pursuant to written policy established by the Board, the Authorized Registry Official (ARO) shall maintain procedures for access to any non-public or restricted national registry information. Such policy and procedures shall identify any individual authorized to act on behalf of the ARO and procedures to protect registry database credentials required for access to any non-public or restricted national registry information.

Part 1503 Part 1503: Oral Proceedings and Declaratory Opinions

Chapter 1 Oral Proceedings

30 Miss. Admin. Code Pt. 1503, R. 1.1 Scope

These rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Mississippi Real Estate Appraiser Licensing and Certification Board (Board).

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.2 When Oral Proceedings will be scheduled on Proposed Rules

The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.3 Request Format

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.4 Notification of Oral Proceeding

The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.5 Presiding Officer

The Board Administrator or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.6 Public Presentation and Participation

1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

2. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.

3. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

4. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

5. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

6. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 1.7 Conduct of Oral Proceeding

1. Presiding Officer - The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall:

(a) call proceeding to order;

(b) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule;

(c) call on those individuals who have contacted the Board about speaking on or against the proposed rule;

(d) allow for rebuttal statements following all participant’s comments; and

(e) adjourn the proceeding.

2. Questions. - The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

3. Physical and Documentary Submissions. - Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure.

4. Recording. - T he Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

Chapter 2 Declaratory Opinions

30 Miss. Admin. Code Pt. 1503, R. 2.1 Scope

These rules set forth the Mississippi Real Estate Appraiser Licensing and Certification Board’s (Board) rules governing the form, content and filing of requests for declaratory opinions, and the Board’s procedures regarding the requests. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

Rule 2.2. Persons Who May Request Declaratory Opinions.

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. A substantial interest in the subject matter means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. Primary jurisdiction of the agency means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).
• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.3 Subjects Which May Be Addressed in Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforced by the Board or (2) a rule promulgated by the Board. The Board

will not issue a declaratory opinion a statute or rule which is outside the primary jurisdiction of the Board.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.4 Circumstances In Which Declaratory Opinions Will Not Be Issued

The Board may, for good cause, refuse to issue, a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

1. Lack of clarity concerning the question presented;

2. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

3. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

4. The facts presented in the request are not sufficient to answer the question presented;

5. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

6. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

7. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule;

8. The question presented by the request concerns the legal validity of a statute or rule;

9. The request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

10. No clear answer is determinable;

11. The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

12. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

13. The question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s Opinion;

14. A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

15. Where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

16. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.5 Written Request Required

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.6 Where to Send Requests

All requests must be sent to the Board Administrator, The Mississippi Real Estate Appraiser Licensing and Certification Board: (1) by mail at P.O. Box 12685, Jackson, MS 39236; or (2) delivered to 2506 Lakeland Drive, Suite 300, Flowood, MS 39232; or (3) sent via facsimile to (601 932-2990. All requests must be sent to the attention of Declaratory Opinion Request as follows: ATTN: DECLARATORY OPINION REQUEST

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.7 Name, Address, and Signature of Requestor

Each request must include the full name, telephone number and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.8 Question Presented

Each request shall contain the following:

1. A clear and concise statement of all facts on which the opinion is requested;

2. A citation to the statute or rule at issue;

3. The question(s) sought to be answered in the opinion, stated clearly;

4. A suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

5. The identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

6. A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.9 Time for Board Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

1. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

2. Decline to issue a declaratory opinion, stating the reasons for its action; or

3. Agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request. 4. The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received the Board, whichever is sooner.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.10 Opinion Not Final for Sixty Days

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a

determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.11 Notice by Board to third parties

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested, and may receive and consider data, facts arguments and opinions from other persons, agencies or other entities other than the requestor.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.12 Public Availability of Requests and Declaratory Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1503, R. 2.13 Effect of a Declaratory Opinion

The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Mississippi Real Estate Appraiser Licensing and Certification Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

Part 1504 Part 1504: Board Organization

Chapter 1 Board Organization

30 Miss. Admin. Code Pt. 1504, R. 1.1 Members

1. There is hereby established, as an adjunct board to the Mississippi Real Estate Commission, a Board to be known as the Mississippi Real Estate Appraiser Licensing and Certification Board, which shall consist of six (6) members. Five (5) members shall be appointed by the Governor, with the advice and consent of the Senate, one (1) from each Congressional District as such District existed on July 1, 2004 and one (1) from the state at large; and the Administrator of the Mississippi Real Estate Commission shall be an ex officio, non-voting member.

2. At least three (3) members shall be certified general real estate appraisers or at least two (2) members shall be certified general real estate appraisers and one member may be a certified residential real estate appraiser. Not more than two (2) positions on the board shall be filled with appointees who hold membership in the same professional appraisal organization. Upon the expiration of a member's term, such member shall continue to serve until the appointment and qualification of a successor. No person shall be appointed as a member of the board for more than two (2) consecutive terms.

3. A quorum of the board shall be three (3) voting members with at least one (1) present being a licensed certified general real estate appraiser or a certified residential real estate appraiser. The board shall elect a chairman and such other officers as it deems necessary. Such officers shall serve as such for terms established by the board.

History

• Source: Miss. Code Ann. § 73-34-7

REAL ESTATE COMMISSION REAL ESTATE COMMISSION

Part 1601 Part 1601: Mississippi Real Estate Commission

Chapter 1 Licensing

30 Miss. Admin. Code Pt. 1601, R. 1.1 Applying for a License

A. An applicant for a broker’s license must pass the National Portion of the broker’s examination with a grade of at least 75% and must pass the State Specific Portion of the examination with a grade of at least 80%.

B. An applicant for a salesperson's license must pass the National Portion of the salesperson's examination with a grade of at least 70% and must pass the State Specific Portion of the examination with a grade of at least 75%.

C. An application fee must accompany the application and will not be refunded after the applicant is scheduled for the examination.

D. The approved Examination Testing Provider will administer examination in various locations in and near the State of Mississippi. Applicants will arrange the time and place of their examination with the Testing Provider.

E. When an applicant is approved for either examination, applicant has two months in which to take and pass both the National Portion and the State Specific Portion of the examination. If the applicant fails to appear for the examination within the two months allowed, applicant's fee will be forfeited and their file closed. If the applicant fails to pass the first examination, applicant will be allowed to take the next examination with the payment of an additional fee to the Testing Provider. If the applicant fails to appear for the second examination, fees will be forfeited and their file closed.

F. If a corporation has been chartered by the state of Mississippi, the license will be issued in the corporate name except that no license will be issued for a corporation, company, or trade name where there exists in that county or trade area a real estate broker or real estate agency having a substantially similar name.

G. A real estate licensee of another state who desires to obtain a license under this chapter shall be exempt from the examination provided the examination administered in the other state is determined by the Commission to be equivalent to such examination given in this state and provided that such other state extends this same privilege or exemption to Mississippi real estate licensees.

Real estate education courses obtained through sources (providers) other than those set forth in Section 73-35-7 of the statute but which are accepted in the state where the applicant is licensed, may be accepted by the Commission provided the state where the applicant is licensed has entered into a reciprocal agreement with this state.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 1.2 Changing the Status of a License

A. To change a license from active to inactive status, licensee shall notify the Commission in writing, shall insure that the license is returned to the Commission and shall pay the appropriate fee. A licensee who is on inactive status at time of renewal may renew the license on inactive status by filing a renewal application and paying the renewal fee. A broker who terminates a real estate business may place the business license on inactive status. To return to active status, a salesperson or broker/salesperson must file a transfer application. A broker and/or a business license may be activated by notifying the Commission by letter or transfer application including required fee.

B. When a licensee wishes to transfer from one broker to another, the transferring licensee must file a transfer application signed by the new broker accompanied by the transfer fee and must furnish a statement that the licensee is not carrying any listings or pertinent information belonging to the former broker unless that broker so consents.

C. Any licensee who has entered active duty military service due to draft laws or national emergency shall, upon his return to civilian life and within twelve (12) months after honorable discharge, be considered, so far as this Commission is concerned, to have been continuously engaged in the real estate business in the same capacity as when the licensee entered military service.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 2 Fees

30 Miss. Admin. Code Pt. 1601, R. 2.2 All fees are the same for both Resident and Nonresident Licenses

Fees and monies payable to the Mississippi Real Estate Commission may be by personal check, cash, cashier's check or money order. All personal checks shall be made payable to the Mississippi Real Estate Commission. Any personal checks returned not paid or for any other reason shall constitute justifiable grounds for refusing, suspending or revoking a license.

Non-sufficient fund (NSF) checks, if not made good by renewal deadline, will cause the licensee to be in non-renewal status and necessitates the payment of a penalty (100%) by licensee.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 3 Administration/Conducting Business

30 Miss. Admin. Code Pt. 1601, R. 3.1 General Rules

A. It shall be the duty of the responsible broker to instruct the licensees licensed under that broker in the fundamentals of real estate practice, ethics of the profession and the Mississippi Real Estate License Law and to exercise supervision of their real estate activities for which a license is required.

B. A real estate broker who operates under the supervision of a responsible broker must not at any time act independently as a broker. The responsible broker shall at all times be responsible for the action of the affiliated broker to the same extent as though that licensee were a salesperson and that affiliated broker shall not perform any real estate service without the full consent and knowledge of his employing or supervising broker.

However, should the responsible broker agree that a broker under his supervision may perform certain real estate services outside the responsible broker's supervision or direction, the responsible broker shall notify the Commission in writing as to the exact nature of such relationship and the names of the broker or brokers involved. The responsible broker shall immediately notify the Commission in writing upon the termination of such relationship.

C. A licensed Mississippi broker may cooperate with a broker licensed in another state who does not hold a Mississippi license through the use of a cooperative agreement. A separate cooperative agreement must be filed for each property, prospective user or transaction with said writing reflecting the compensation to be paid to the Mississippi licensed broker. The listing or property management agreement for the Mississippi real property shall in such cases remain in the name of the Mississippi licensed broker.

The commissions or other compensation resulting from the sale/rent/lease/property management or auction of the Mississippi real property and which are earned during the period the cooperative agreement is in force shall be divided on a negotiable basis between the Mississippi broker and the nonresident broker.

A responsible (principal) nonresident broker described herein is defined as an active, licensed responsible real estate broker of another state who does not possess an active responsible nonresident real estate broker's license issued by the Mississippi Real Estate Commission (MREC). A Mississippi broker described herein is a responsible (principal) real estate broker whose license is on active status and whose license was issued by MREC either as a responsible resident Mississippi broker or as a responsible nonresident Mississippi broker.

The responsible nonresident broker cannot place any sign on real property located in the state of Mississippi without the written consent of the cooperating responsible Mississippi broker. When the consent is obtained, the sign of the responsible Mississippi broker must be placed in a prominent place and in close proximity to the responsible nonresident broker's sign. Any licensed responsible Mississippi broker assisting or cooperating in the sale, lease, property management, rental or auction of real property within the state of Mississippi with a responsible nonresident broker who fails or refuses to list his or her name in such advertisement, or fails or refuses to cross-list such property with him or her, in writing, shall be deemed in violation of Section 73-35-11 of the Real Estate Broker's License Act, and shall be subject to a revocation or suspension of his or her license. In such instance herein where a responsible Mississippi broker enters into a cooperative agreement with a responsible nonresident broker pertaining to the sale of real property within the state of Mississippi, the responsible Mississippi broker must file two copies of the cooperating agreement with the Mississippi Real Estate Commission.

D. A responsible broker must maintain an office and display the license therein. If the broker has more than one office, the broker shall display a branch office license in each branch office. The broker is responsible for the real estate practices of those licensees.

E. No licensee shall pay any part of a fee, commission, or other compensation received by such licensee in buying, selling, exchanging, leasing, auctioning or renting any real estate except to another licensee through the licensee's responsible broker.

No licensee shall knowingly pay a commission, or other compensation to a licensed person knowing that licensee will in turn pay a portion or all of that which is received to a person who does not hold a real estate license.

A licensee who has changed to inactive status or who has transferred to another responsible broker may receive compensation from the previous responsible broker if the commission was generated from activity during the time that the licensee was under the supervision of that responsible broker.

F. Any licensee who fails in a timely manner to respond to official Mississippi Real Estate Commission written communication or who fails or neglects to abide by Mississippi Real Estate Commission's Rules and Regulations shall be deemed, prima facie, to be guilty of improper dealing.

G. A real estate broker or salesperson in the ordinary course of business may give an opinion as to the sales price of real estate for the purpose of a prospective listing or sale; however, this opinion as to the listing price or the sale price shall not be referred to as an appraisal and must be completed in compliance with Section 73-35-4 of the Real Estate Broker’s License Act and must conform to the Standards established by the National Association of Broker Price Opinion Professionals (NABPOP).

H. When an offer is made on property owned by a party with whom a broker has entered into a listing agreement, such broker shall document and date the seller’s personal acceptance or rejection of the offer and upon written request, shall provide a copy of such document to the person making the offer.

I. A real estate licensee shall not be exempt from disciplinary actions by the commission when selling property owned by the licensee.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 3.2 Documents A

A real estate licensee shall immediately (at the time of signing) deliver a true and correct copy of any instrument to any party or parties executing the same.

B. All exclusive listing agreements shall be in writing, properly identify the property to be sold, and contain all of the terms and conditions under which the transaction is to be consummated; including the sales price, the considerations to be paid, the signatures of all parties to the agreement, and a definite date of expiration. No listing agreement shall contain any provision requiring the listing party to notify

the broker of their intention to cancel the listing after such definite expiration date. An "Exclusive Agency" listing or "Exclusive Right to Sell" listing shall clearly indicate in the listing agreement that it is such an agreement.

C. All exclusive buyer representation agreements shall be in writing and properly identify the terms and conditions under which the buyer will rely on the broker for the purchase of real estate; including the sales price range acceptable to the buyer, the considerations to be paid, the signatures of all parties to the agreement, and a definite date of expiration. An Exclusive Buyer Representation agreement shall clearly indicate in the body of the document that it is such an agreement.

D. In the event that more than one written offer is made before the owner has accepted an offer, any other written offer received by the listing broker, whether from a prospective purchaser or from another licensee cooperating in a sale, shall be presented to the owner unless the listing broker has specific, written instructions from the owner to postpone the presentation of other offers. Broker should caution the seller against countering on more than one offer at the same time.

E. Every real estate contract must reflect whom the broker represents by a statement over the signatures of the parties to the contract.

F. No licensee shall represent to a lender or any other interested party, either verbally or through the preparation of a false sales contract, an amount in excess of the true and actual selling price.

G. A real estate broker must keep on file for three years following its consummation, complete records relating to any real estate transaction. This includes, but is not limited to listings, options, leases, offers to purchase, contracts of sale, escrow records, agency agreements and copies of all closing statements.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 3.3 Advertising

A. "Advertising" means the use of any oral, written, visual, printed or electronically generated advertisement by a real estate licensee or other person on behalf of a real estate licensee.

"Advertisement" means any oral, written, visual, printed or electronic media advertisement and encompasses any correspondence, mailing, newsletter, brochure, business card, for sale or for lease signage or sign rider, promotional items, automobile signage, telephone directory listing, radio and television broadcasts, telephone solicitation

and electronic media to include e-mails, text messaging, public blogs, social media- networking websites, and/or internet displays.

B. A broker shall advertise in the name in which the license is issued. A broker may use a descriptive term after the broker's name to indicate the occupation in which engaged, for example, "realty", "real estate" or "property management". If advertising in any other form, a partnership, trade name, association, company or corporation license must be obtained prior to advertising in that manner.

All advertising must be under the direct supervision and in the name of the Principal Broker or in the name of the real estate Brokerage Firm and must prominently display the name of the Principal Broker or the name of the Brokerage Firm in such a manner that it is conspicuous, discernible and easily identifiable by a member of the public.

Principal Brokers are required to verify and determine that their name or the name of the Brokerage Firm is prominently displayed on all advertising and that the name of any real estate licensee or any approved real estate Team or Group is situated near the name of the Brokerage Firm. The Broker or the Brokerage Firm must be identified by using the same size or larger print as that of a Licensee a Team Member or a Team in all advertising. All advertising must include the telephone number of the Principal Broker or the Brokerage Firm.

C. No Principal Broker or licensee sponsored by said broker shall in any way advertise property or place a sign on any such property offering the property for sale or rent without first obtaining the written authorization to do so by all owners of the property or by any appointed person or entity who also has full authority to convey the property.

D. When a licensee is advertising their own property for sale, purchase or exchange which is not listed with a broker, the licensee must indicate that he or she is licensed. The disclosure of licensee’s status must be made in all forms of advertising enumerated in Rule 3.3 (A), including the “for sale” sign.

In addition to disclosing their licensed status in all advertisements, licensees are required to disclose their licensed status on all real estate contracts in which they have an ownership interest.

A licensee shall not advertise to sell, buy, exchange, auction, rent or lease property in a manner indicating that the offer to sell, buy, exchange, auction, rent, or lease such property is being made by a private party who is not engaged in the real estate business. No advertisement shall be inserted by a licensee in any publication where only a post office box number, telephone number, e-mail address or street address appears. Every licensee, when advertising real estate in any publication, shall indicate that the party advertising is licensed in real estate; whether on active or inactive status.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 3.4 Earnest Money

A. The responsible broker is responsible at all times for earnest money deposits. Earnest money accepted by the broker or any licensee for which the broker is responsible and upon acceptance of a mutually agreeable contract is required to deposit the money into a trust account prior to the close of business of the next banking day. The responsible broker is required to promptly account for and remit the full amount of the deposit or earnest money at the consummation or termination of transaction. A licensee is required to pay over to the responsible broker all deposits and earnest money immediately upon receipt thereof. Earnest money must be returned promptly when the purchaser is rightfully entitled to same allowing reasonable time for clearance of the earnest money check. In the event of uncertainty as to the proper disposition of earnest money, the broker may turn earnest money over to a court of law for disposition. Failure to comply with this regulation shall constitute grounds for revocation or suspension of license.

B. When the broker is the agent for the seller and for any reason the seller fails or is unable to consummate the transaction, the broker has no right to any portion of the earnest money deposited by the purchaser, even if a commission has been earned. The entire amount of the earnest money deposit must be returned to the purchaser and the broker should look to the seller for compensation.

C. Accurate records shall be kept on escrow accounts of all monies received, disbursed, or on hand. All monies shall be individually identified as to a particular transaction. Escrow records shall be kept in accordance with standard accounting practices and shall be subject to inspection at all times by the Commission.

Monies received in a trust account on behalf of clients or customers are not assets of the broker; however, a broker may deposit and keep in each escrow account or rental account some personal funds for the express purpose of covering service charges and other bank debits related to each account.

D. If a broker, as escrow agent, accepts a check and later finds that such check has not been honored by the bank on which it was drawn, the broker shall immediately notify all parties involved in the transaction.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 3.5 Real Estate Teams or Groups

A. A “Team or Group” shall mean a collective name used by two or more active real estate licensees who represent themselves to the public as being part of a single entity which is organized with the written approval of a Principal Broker to perform licensable real estate activity. To qualify as a “Real Estate Team or Group” the active real estate licensees

must be working together and each must (a) work under the direct supervision of the same Principal Broker, (b) work together on real estate transactions to provide real estate brokerage services, (c) must represent themselves to the public as being part of a Team or Group, (d) must be designated by a specific team or group name, and (e) must conduct all real estate activity from the primary office or branch office where their individual licenses are displayed.

B. All Principal Brokers must have specific information on each Team operating within their Brokerage and must register each Team with the Real Estate Commission on forms provided for that purpose; to include a detailed list indicating all approved Team names, the name of the Team Leader, the name of the individual Team members and the name of any unlicensed employee(s) of the Team. The working list(s) should indicate the dates that Team members are added to or deleted from any Team and should enable the Principal Broker and/or the Real Estate Commission to determine Team membership at any point in time. Adjustments to a Team should be filed with the Real Estate Commission within ten (10) working day of any change and should be on forms provided by the Commission.

C. All teams must appoint a Team Leader, who will be a Broker Associate with a minimum of one years’ real estate experience, and will have supervisory responsibility (under the supervision of the Principal Broker) over the Team members. The Team Leader may be subject to disciplinary action for violations of the Mississippi Real Estate Brokers Act by Team members under their supervision.

D. A Team Name may, with the written approval of the Principal Broker and the Team Leader, be used in any type of advertising. Any individual whose name is displayed in any advertisement must be an active licensee who is sponsored by the Principal Broker. All advertising must fully comply with the guidelines established in MREC Administrative Rule 3.3. Principal Brokers and Team Leaders must confirm that the name of the Principal Broker or the Brokerage Firm and their telephone number is prominently displayed on all advertising which includes contact information about a Licensee, a Team Member or a Team. The name of the Team must be situated near the name of the Brokerage Firm and shall be identified with the same sized or smaller print as that of the Brokerage.

E. Neither team names nor team advertising should suggest that the team is an independent real estate brokerage. Team names must not include terms such as (a) real estate brokerage, (b) realty, (c) real estate, or (d) company.

History

• Source: Miss. Code Ann. §§ 73-35-3 (4); 73-35-18 (3); 73-35-21 (d)

Chapter 4 Agency Relationship Disclosure

30 Miss. Admin. Code Pt. 1601, R. 4.1 Purpose

Consumers shall be fully informed of the agency relationships in real estate transactions

identified in Section 73-35-3. This rule places specific requirements on Brokers to disclose their agency relationship. This does not abrogate the laws of agency as recognized under common law and compliance with the prescribed disclosures will not always guarantee that a Broker has fulfilled all of his responsibilities under the common law of agency. Compliance will be necessary in order to protect licensees from impositions of sanctions against their license by the Mississippi Real Estate Commission. Special situations, where unusual facts exist or where one or more parties involved are especially vulnerable, could require additional disclosures not contemplated by this rule. In such cases, Brokers should seek legal advice prior to entering into an agency relationship.

History

• Source: Miss. Code Ann. §§ 73-35-3

30 Miss. Admin. Code Pt. 1601, R. 4.2 Definitions

A. "Agency" shall mean the relationship created when one person, the Principal (client), delegates to another, the agent, the right to act on his behalf in a real estate transaction and to exercise some degree of discretion while so acting. Agency may be entered into by expressed agreement, implied through the actions of the agent and or ratified after the fact by the principal accepting the benefits of an agent’s previously unauthorized act. An agency gives rise to a fiduciary relationship and imposes on the agent, as the fiduciary of the principal, certain duties, obligations, and high standards of good faith and loyalty.

B. "Agent" shall mean one who is authorized to act on behalf of and represent another. A real estate broker is the agent of the principal (client) to whom a fiduciary obligation is owed. Salespersons licensed under the broker are subagents of the Broker, regardless of the location of the office in which the salesperson works.

C. "Client" shall mean the person to whom the agent owes a fiduciary duty. It can be a seller, buyer, landlord, tenant or both.

D. "Compensation" is that fee paid to a broker for the rendering of services. Compensation, when considered alone, is not the determining factor in an agency relationship. The relationship can be created regardless of whether the seller pays the fee, the buyer pays the fee, both pay the fee or neither pays a fee.

E. "Customer" shall mean that person not represented in a real estate transaction. It may be the buyer, seller, landlord or tenant.

F. "Disclosed Dual Agent" shall mean that agent representing both parties to a real estate transaction with the informed consent of both parties, with written understanding of specific duties and representation to be afforded each party. There may be situations where disclosed dual agency presents conflicts of interest that cannot be resolved without breach of duty to one party or another. Brokers who practice disclosed dual agency should do so with the utmost caution to protect consumers and themselves from inadvertent violation of demanding common law standards of disclosed dual agency.

G. "Fiduciary Responsibilities" are those duties due the principal (client) in a real estate transaction are:

(1) 'Loyalty' - the agent must put the interests of the principal above the interests of the agent or any third party.

(2) 'Obedience' - the agent agrees to obey any lawful instruction from the principal in the execution of the transaction that is the subject of the agency.

(3) 'Disclosure' - the agent must disclose to the principal any information the agent becomes aware of in connection with the agency.

(4) 'Confidentiality' - the agent must keep private information provided by the principal and information which would give a customer an advantage over the principal strictly confidential, unless the agent has the principal's permission to disclose the information. This duty lives on after the agency relationship is terminated.

(5) 'Reasonable skill, care and diligence' - the agent must perform all duties with the care and diligence which may be reasonably expected of someone undertaking such duties. (6) 'Full accounting' - the agent must provide a full accounting of any money or goods coming into the agent's possession which belong to the principal or other parties.

H. "First Substantive Meeting" shall be:

(1) In a real estate transaction in which the Broker is the agent for the seller, first substantive meeting shall be before or just immediately prior to the first of any of the following:

(a) Showing the property to a prospective buyer.

(b) Eliciting confidential information from a buyer concerning the buyers’ real estate needs, motivation, or financial qualifications.

(c) The execution of any agreements governed by Section 73-35-3 of the Mississippi Code of 1972 Annotated.

(2) For the seller's agent, the definition shall not include:

(a) A bona fide "open house" or model home showing which encompasses (1) (a) above only; however, whenever an event described in (1) (b) or (1) (c) occurs, disclosure must be made.

(b) Preliminary conversations or "small talk" concerning price range, location

and property styles.

(c) Responding to general factual questions from a prospective buyer concerning properties that have been advertised for sale or lease.

(3) In a real estate transaction in which the Broker is the agent for the buyer, first substantive meeting shall be at the initial contact with a seller or a seller's agent or before or just immediately prior to the first of any of the following:

(a) Showing the property of a seller to a represented buyer.

(b) Eliciting any confidential information from a seller concerning their real estate needs, motivation, or financial qualifications.

(c) The execution of any agreements governed by Section 73-35-3 of the MS Code.

(4) For the buyer's agent, the definition shall not include:

(a) A bona fide "open House" or model home showing which encompasses (3) (a) above only; however, whenever an event described in (3) (b) or (3) (c) occurs, disclosure must be made.

(b) Preliminary conversations or "small talk" concerning price range, location and property styles.

(c) Responding to general factual questions from a prospective buyer concerning properties that have been advertised for sale or lease.

I. "Single Agency" shall mean a broker who has chosen to represent only one party to a real estate transaction. It may be either the buyer, seller, lessor or lessee or any party in a transaction governed by Section 73-35-3.

History

• Source: § Source: Miss. Code Ann. §§ 73-35-3

30 Miss. Admin. Code Pt. 1601, R. 4.3 Disclosure Requirements

A. In a single agency, a broker is required to disclose, in writing, to the party for whom the broker is an agent in a real estate transaction that the broker is the agent of the party. The written disclosure must be made before the time an agreement for representation is entered into between the broker and the party. This shall be on an MREC Agency Disclosure Form.

B. In a single agency, a real estate broker is required to disclose, in writing, to the party for whom the broker is not an agent, that the broker is an agent of another party in the transaction. The written disclosure shall be made at the time of the first substantive

meeting with the party for whom the broker is not an agent. This shall be on an MREC Agency Disclosure Form.

C. Brokers operating in the capacity of disclosed dual agents must obtain the informed written consent of all parties prior to or at the time of formalization of the dual agency. Informed written consent to disclosed dual agency shall be deemed to have been timely obtained if all of the following occur:

(1) The seller, at the time an agreement for representation is entered into between the broker and seller, gives written consent to dual agency by signing the Consent To Dual Agency portion of MREC Form A.

(2) The buyer, at the time an agreement for representation is entered into between the broker and buyer, gives written consent to dual agency by signing the Consent To Dual Agency portion of MREC Form A.

(3) The Broker must confirm that the buyer(s) understands and consents to the consensual dual agency relationship prior to the signing of an offer to purchase. The buyer shall give his/her consent by signing the MREC Dual Agency Confirmation Form which shall be attached to the offer to purchase. The Broker must confirm that the seller(s) also understands and consents to the consensual dual agency relationship prior to presenting the offer to purchase. The seller shall give his/her consent by signing the MREC Dual Agency Confirmation Form attached to the buyer’s offer. The form shall remain attached to the offer to purchase regardless of the outcome of the offer to purchase.

D. In the event the agency relationship changes between the parties to a real estate transaction, new disclosure forms will be acknowledged by all parties involved.

E. In the event one or more parties are not available to sign one or more of the Disclosure Forms, the disclosure will be accomplished orally. The applicable form will be so noted by the Broker and said forms will be forwarded for signature(s) as soon as possible. Written electronic transmission will fulfill this requirement.

F. In the event any party receiving a disclosure form requests not to sign that form acknowledging receipt, the Broker shall annotate the form with the following statement:

“A COPY OF THIS FORM WAS DELIVERED TO _______________ DATE__________________. RECIPIENT DECLINED TO ACKNOWLEDGE RECEIPT OF THIS FORM.”

G. The terms of the agency relationship shall be ratified on all contracts pertaining to real estate transactions.

H. The Commission mandated disclosure form may be duplicated in content and size but not altered.

I. Completed Agency Disclosure Forms shall be maintained in accordance with Rules and Regulations IV. B (6).

History

• Source: Source: Miss. Code Ann. §§ 73-35-3

30 Miss. Admin. Code Pt. 1601, R. 4.4 Disclosure Exception

A licensee shall not be required to comply with the provisions of Section 3, when engaged in transactions with any corporation, non-profit corporation, professional corporation, professional association, limited liability company, partnership, real estate investment trust, business trust, charitable trust, family trust, or any governmental entity in transactions involving real estate.

Operating under this exception in no way circumvents the common law of agency.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 5 Complaint Procedure

30 Miss. Admin. Code Pt. 1601, R. 5.1 Notifications of Complaints to the Commission

A. All complaints submitted to the Commission shall be properly certified on forms furnished by the Commission.

B. Every licensee shall, within ten days, notify the Real Estate Commission of any adverse court decisions in which the licensee appeared as a defendant.

C. It shall be mandatory for a responsible broker to notify the Commission if the responsible broker has reason to believe that a licensee for whom the broker is responsible has violated the Real Estate License Law or Rules and Regulations of the Commission.

D. If a broker finds that a licensee licensed under that broker has been operating independently or through some other broker, the broker shall notify the Commission immediately and forward said individual's license to the Commission.

E. A Real Estate Commissioner shall avoid private interviews, arguments, briefs or communication that may influence said Commissioner's decision on any pending complaints or hearings.

F. The expiration, suspension or revocation of a responsible broker's license shall automatically suspend the license of every real estate licensee currently under the supervision of that broker. In such cases, a licensee may transfer to another responsible broker.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 5.2 Definitions

For Part 1601, Chapter 5 only, the following terms have the meanings indicated:

A. Administrative Hearing: A formal hearing, with record made by a Certified Court Reporter before a Commission Hearing Panel, or Administrative Hearing Officer, to consider and adjudicate disciplinary proceedings or other matters pending on the administrative docket of the Commission.

B. Administrative Hearing Officer: A staff attorney employed by the Attorney General’s office and designated by the Attorney General for the purpose of holding hearings, hearing evidence and rendering decisions on matters determined to be the subject of an administrative hearing.

C. Administrative Hearing Officer Option: The option for a licensee/Respondent to elect to have his or her Administrative Hearing conducted by an Administrative Hearing Officer instead of a Commission Hearing Panel. When the Administrative Hearing Officer Option is elected, the Administrative Hearing Officer shall have the same powers to conduct administrative hearings and render decisions as would the Commission Hearing Panel.

D. Agreed Order: A written agreement submitted by the licensee(s) and Commission Staff resolving a Formal Complaint or other matter pending on the administrative docket of the Commission.

E. Allegation: A claim or accusation of a violation of the Mississippi Real Estate Commission License Law (the Real Estate Brokers License Law of 1954) and/or the Commission’s Administrative Rules and/or other applicable laws governing the practice of real estate.

F. Appellant: A Respondent who makes an appeal of an adverse order, ruling or decision of the Mississippi Real Estate Commission to a circuit court or other appellate court, as may be provided by law.

G. Commission: The Mississippi Real Estate Commission, including its’ Commissioners and authorized employees or legal counsel acting on its behalf.

H. Commissioners: The seated members of the Mississippi Real Estate Commission as appointed by the Governor with the advice and consent of the Senate pursuant to Miss. Code Ann. §73-35-5.

I. Commission Hearing Panel: The three to five-member panel of the Commissioners designated to hear disciplinary proceedings, pursuant to Miss. Code Ann. §73-35-

21. Commissioners may be designated to sit on an Administrative Hearing Panel on a rotating basis.

J. Complaint Counsel: The attorney retained by the Commission to prosecute licensees and other alleged violators of the Mississippi Real Estate Commission License Law, the Commission’s Administrative Rules and/or other applicable laws governing the practice of real estate.

K. Date of Service/Delivery: Date of Service means the delivery of a notice, order, or other document by the Commission to a licensee or other party. When delivery is by hand- delivery or personal delivery, delivery is complete when handed to a licensee or other party, or left at the office, dwelling house or usual abode of the licensee or other party with some person of suitable age and discretion. Delivery by electronic means is complete when the licensee or party acknowledges receipt. Delivery by mail is complete upon the date of mailing.

L. Due Process: Due Process in administrative/disciplinary proceedings before the Mississippi Real Estate Commission means the provision of notice to applicants or licensees of any alleged deficiencies or allegations of violations of the Mississippi Real Estate Commission License Law, Commission Administrative Rules or other applicable laws, and the opportunity to respond and defend against those alleged deficiencies or allegations of violations at an administrative hearing.

M. Executive Director: The Administrator, Chief Executive Officer, or other designee employed by the Commissioners to manage the day-to-day operations of the Commission.

N. Formal Complaint: A formal document charging a licensee with a violation of the Mississippi Real Estate Commission License Law, and/or the Commission’s Administrative Rules, and/or other laws governing the practice of real estate. A Formal Complaint may result following the conclusion of an investigation of a verified/sworn complaint submitted to the Commission or may be initiated by the Commission.

O. Full Commission: A majority or quorum of the seated Commissioners of the Mississippi Real Estate Commission.

P. Hearing Officer: The Chairman or designated Commissioner, or Administrative Hearing Officer, who will preside over administrative hearings before the Commission and exercise those powers as defined in the Administrative Rules of the Mississippi Real Estate Commission.

Q. Informal Conference: An informal interview or meeting, occurring at any time prior to the Commission entering any order with respect to pending allegation(s), between the Investigative Review Committee, Investigator(s), and the Respondent, and/or Respondent’s legal counsel, to explore the issues involved in the allegation(s) and to

facilitate the disposition of the allegation(s).

R. Informal Resolution: A written agreement submitted by the licensee(s) and Commission resolving an allegation of violation(s), or other matter(s) pending on the administrative docket of the Commission wherein the licensee has waived the service of a Formal Complaint and Notice of Hearing.

S. Investigative Review Committee: An intra-agency committee consisting of Commission Investigative Staff and legal counsel, assembled for the purpose of reviewing allegations of violations of the Mississippi Real Estate Commission License Law and/or the Commission’s Administrative Rules and/or other applicable laws governing the practice of real estate.

T. Licensee: Any individual licensed to practice by the Mississippi Real Estate Commission.

U. Notice of Hearing: A written notification to a licensee to appear before the Commission, or Administrative Hearing Officer when applicable, for an administrative hearing at a scheduled place, date, and time.

V. Mississippi Real Estate Commission License Law: §§73-35-1, et seq., and §§89-1-501, et seq., of the Mississippi Code of 1972, as amended.

W. Respondent: A licensee or applicant against whom the Commission has initiated a formal or informal action.

X. Time Period: Unless indicated otherwise, when the period is stated in days or a longer unit of time:

a. In computing any period of time prescribed or allowed by these rules, the day of the event that triggers the period shall not be included. b. Every day, including intermediate Saturdays, Sundays, and legal holidays shall be included. However, when any time period prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. c. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as set forth in Mississippi statute(s). In such case, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the event a legal holiday falls on a Sunday, the next following day shall be a legal holiday. d. Whenever a licensee has the right or is required to do some act or take some proceedings within a prescribed time period after the service of a notice, order, or other document by the Commission that is served upon him or her by mail, three (3) days shall be added to the prescribed period.

Y. Verified Complaint: A written, sworn complaint alleging violations of the Real Estate

License Law submitted to the Commission for investigation, conclusion of which investigation may result in dismissal of the verified complaint without further action, or the issuance of a Formal Complaint by the Commission with notice to appear at an administrative hearing.

Z. Work File: Any and all documentation of a real estate transaction maintained by a licensee. This includes, but is not limited to the following when applicable to a real estate transaction:

1. Agency Agreements / Working With a Real Estate Broker forms (WWREB) 2) Contracts of Sale, with addendums 3) Closing documents / Closing Statements 4) Co-Op Agreements 5) Correspondence sent/received during the course of the transaction when same may be reasonably considered material/germane to the transaction 6) Dual Agency Confirmation forms 7) Escrow records 8) Home Inspection Reports 9) Leases 10) Listing agreements, including extensions (must be in writing to be valid) 11) Offers to Purchase 12) Options 13) Property Condition Disclosure Statements (PCDS), with Informational Statement or Seller’s Statement of Exclusion, when applicable 14) Wood Destroying Insect Reports (WDIR)

History

• Source: Miss. Code Ann. §73-35-23, §73-35-25, §73-35-35 (1972, as amended).

30 Miss. Admin. Code Pt. 1601, R. 5.3 Investigations of Complaints

A. Upon receipt of a verified/sworn complaint, or other allegation of violation of the Mississippi Real Estate Commission License Law, the Commission’s Administrative Rules or other applicable laws, the Commission’s Investigative Staff, with advice and consultation from Commission legal staff/counsel shall make an initial determination whether the information justifies or warrants further investigation. A complaint or inquiry may be dismissed without further investigation based on a determination of either: 1) Lack of Commission jurisdiction; or 2) No apparent violation of the Mississippi Real Estate Commission License Law or the Commission’s Administrative Rules governing the practice of real estate.

B. The Commission may initiate an investigation either: 1) In response to a written or verified/sworn complaint, or other information received by the Commission alleging violation(s) of the Mississippi Real Estate Commission License Law, the Commission’s Administrative Rules, or

other applicable laws; or 2) The Commission may initiate an investigation based on information independently developed or corroborated by the Investigative Staff of the Commission that has been reduced to writing, describing said information and the acts or omissions constituting any alleged unprofessional conduct or violations. Further investigation based upon information independently developed by the Investigative Staff may commence after the written description of alleged violation(s) has been approved in writing by the Administrator.

C. Upon commencement of an investigation, the Commission will provide written notice to the applicable licensee(s) and their Responsible Broker of the allegations of violations, including copy of any written or sworn/verified complaint submitted to the Commission. No Commissioner, administrator, employee, investigator, representative, agent or attorney of the Commission shall communicate with a licensee in connection with any preliminary or formal investigation associated with alleged violations of licensing law or regulations prior to the delivery of written notice to the licensee’s Responsible Broker.

D. Licensees will be required to submit their entire work file/documentation of the real estate transaction(s) at issue, along with Affidavit, and his/her written, notarized response to the allegations, within ten (10) days of the date of service of written notice upon the licensee(s) and his/her Responsible Broker(s). 1. The Affidavit submitted must certify that complete, accurate and true copies of all documents germane to the real estate transaction under investigation are being tendered to the Commission. The Affidavit should be signed by the licensee(s) and signature(s) notarized. 2. The written response of the licensee(s) to the allegations submitted by the complaining party must be signed by the licensee(s) with notarized signature.

E. Following receipt of the licensee’s file documentation with Affidavit and sworn/written response to the allegation(s), said documentation and response will be provided to the complaining party who initiated the complaint/allegations against the licensee, when applicable, for response and for verification of authenticity of transaction documents submitted by the licensee(s).

F. After any response/rebuttal is received from the complaining party, the response/rebuttal will be provided to the licensee(s) so that each party is fully aware of the complaining party’s allegations, and which documents are considered germane to the Commission review and investigation. The Commission may conduct interviews and written (signed) responses may be requested from the parties for clarification.

G. The Commission is authorized to issue subpoenas for the attendance of licensees and/or witnesses for interviews during the course of an investigation, and for the

production of documents and records.

H. During the course of any investigation, should information be received which indicates acts or omissions on the part of any licensee or licensees not originally the subject of the investigation which might constitute alleged unprofessional conduct or violations, then this information and any alleged charges will be reduced to writing describing said information and the acts or omissions constituting alleged unprofessional conduct or violations. Any new or expanded investigation or initiation of any Formal Complaint against such new licensee(s) based upon such information will commence after the written description of alleged violations has been approved in writing by the Administrator. Notice shall be provided to the Responsible Broker(s) and licensee(s) to be investigated or charged. From and after that point, all provisions pertaining to investigation of the original licensee(s) shall apply to the new licensee(s). I. Licensees have, at all times, the right to retain and consult with legal counsel. Any licensee represented by an attorney of record in proceedings before the Commission shall be entitled to communication through such attorney, and service of documents by the Commission shall be made upon such attorney.

History

• Source: Miss. Code Ann. § 73-35-21, §73-35-23, §73-35-35 (1972, as amended)

30 Miss. Admin. Code Pt. 1601, R. 5.4 Results of Formal Investigation

A. Upon completion of the formal investigation, the Investigative Review Committee will determine whether there is sufficient cause to believe that a violation exists of the Mississippi Real Estate License Law, the Commission Administrative Rules and/or other applicable laws governing the practice of real estate. 1) Upon a determination of sufficient cause to believe that a violation exists, the Investigative Review Committee shall refer the matter to Commission legal staff for the issuance of a Formal Complaint and Notice of Hearing. The Investigative Review Committee may also make a recommendation for resolution of the matter upon terms to be offered to the licensee. 2) Upon a determination of no sufficient cause to believe that a violation exists, the Investigative Review Committee: (a) Will recommend dismissal of the matter, subject to review and approval of one (1) reviewing Commissioner and subsequent approval by the full Commission; and (b) Upon approval for dismissal, shall notify the Complainant/complaining party and Respondent of the dismissal decision.

B. In circumstances where Commission Investigative Staff reasonably believe minor violations are established in the investigation, the matter may be concluded, as the individual circumstances may warrant, by: 1. Dismissal with Letter of Caution, subject to approval by the full Commission (not a reported disciplinary action); or 2. Informal Resolution with Letter of Reprimand or Suspension held in abeyance, with or without Probation or continuing education courses,

subject to agreement and informed waiver by licensee of the issuance of a Formal Complaint and Administrative Hearing, and approval by the full Commission.

C. A pending Formal Complaint may be resolved by an agreed settlement proposal (Agreed Order) or other Informal Resolution disposition at any time prior to an administrative hearing upon written agreement of the licensee(s) and the Commission Staff, subject to approval of the full Commission at a regularly scheduled Commission meeting.

History

• Source: Miss. Code Ann. § 73-35-23, §73-35-35 (1972, as amended).

30 Miss. Admin. Code Pt. 1601, R. 5.5 Commencement of Disciplinary Proceedings/Administrative Hearings

A. If an allegation is not resolved informally or the Investigative Review Committee determines that an allegation warrants the issuance of a Formal Complaint, Commission staff may commence disciplinary proceedings by issuing a Formal Complaint and Notice of Hearing.

B. A Respondent shall be notified of the administrative hearing at least fifteen (15) days in advance of the date set for the hearing by written Notice of Hearing. The Formal Complaint shall set forth the charges and allegations against the Respondent in sufficient detail to provide sufficient disclosure and notice of all alleged violations of the Mississippi Real Estate License Law and/or the Commission Administrative Rules and other applicable laws governing the practice of real estate.

C. The Commission’s staff will serve the Formal Complaint and Notice of Hearing on Respondent, with copy to the Responsible Broker, by: 1) Certified mail, postage pre-paid, to the last known address of the Respondent on record with the Commission; or 2) Personal Delivery; or 3) Electronic Delivery including email or facsimile.

D. Beginning no later than July 1, 2022, a Respondent will be provided a Notice of Option for Administrative Hearing Officer, along with service of the Formal Complaint and Notice of Hearing. The Notice of Option for Administrative Hearing Officer will set forth the option for the Respondent to request, in writing, that the administrative hearing be conducted by an Administrative Hearing Officer instead of a Commission Hearing Panel. A Respondent who chooses to have the administrative hearing conducted by an Administrative Hearing Officer must notify the Commission of that choice within ten (10) days of the date of service of the Formal Complaint, Notice of Hearing and Notice of Option for Administrative Hearing Officer.

E. A Respondent may file a response to the Formal Complaint but is not required to do so. Any written response to the charges set forth in a Formal Complaint must be filed with the Commission at least ten (10) days in advance of the date set for the hearing.

F. A Respondent may waive the right to a formal Administrative Hearing. Such waiver of the right to a hearing must be in writing, signed by the Respondent, and filed with the Commission.

G. A Formal Complaint may be resolved by agreement at any time prior to an Administrative Hearing by Agreed Order signed by Respondent and subject to approval by the full Commission.

H. All pleadings or other papers permitted or required to be filed with the Commission in connection with a pending disciplinary/administrative proceeding shall be filed by personal delivery or by certified mail to the office of the Commission, or by email properly addressed to the Commission Administrator. Service is effective upon personal delivery, mailing or, when delivered by email, upon acknowledged receipt of such email service.

I. A Respondent who is represented by legal counsel with respect to the disciplinary/administrative proceeding shall personally or through such counsel, give written notice to the Commission of the name, address, and telephone number of such counsel. Following receipt of proper notice of representation, all further notices, pleadings, subpoenas, orders, or other process related to the proceeding shall be served on Respondent through the designated counsel of record until such time as the withdrawal of counsel is filed with the Commission.

History

• Source: Miss. Code Ann. § 73-35-23, §73-35-35 (1972, as amended).

30 Miss. Admin. Code Pt. 1601, R. 5.6 Informal Proceedings/Informal Resolutions; Resolution by Agreed Order

A. At any time prior to an Administrative Hearing, any matter before the Commission may be resolved through informal proceedings either by stipulation, agreed settlement proposal, or agreed order of dismissal. Any agreed settlement proposal/Agreed Order must be agreed to in writing by the Respondent, upon a knowing and intentional waiver by the Respondent of his or her right to an Administrative Hearing, and subsequently must be approved by the full Commission. An agreed settlement or Agreed Order is not required, is always voluntary, and Respondent licensees retain, at all times, the right to proceed to an Administrative Hearing with full due process. This process may occur at any time prior to the Commission entering any final order with respect to the allegation of violation(s). Informal proceedings may be conducted in person via Informal Conference or by electronic, telephonic, or written communication.

B. Informal Conferences may include an informal interview or meeting between the Investigative Review Committee, Commission Administrator, and the Respondent and/or Respondent’s legal representative to fully explore the issue(s) involved in the complaint and to facilitate the disposition of an allegation of violation(s). 1) Respondent shall have a right to be represented by an attorney of record, of Respondent’s choice and Respondent’s expense. At any

time during the informal settlement conference, should Respondent choose to obtain representation by an attorney and advises Commission staff of such choice, the conference will be discontinued. 2) Exchange of information may take place during the Informal Conference. Respondents are required to answer questions truthfully concerning the allegations and/or formal complaint and cooperate fully. 3) Respondent and Commission Investigative Review Committee participation in the conference is voluntary and may be terminated by either party without prejudicing the right to proceed with a contested case to an administrative hearing with full due process. 4) If the parties to an Informal Conference are unable to reach a mutually agreeable resolution and the matter is to proceed to a formal Administrative Hearing, the parties may agree in writing by stipulation to the following: (a) Any undisputed claims, facts, testimony, documents, or issues; and (b) Evidence to be introduced without objection.

C. Respondent licensees will be allowed the opportunity to challenge and defend against allegations of violations contained in a Formal Complaint/Notice of Hearing at a formal Administrative Hearing with full due process, if Informal Resolution by agreement does not occur.

History

• Source: Miss. Code Ann. § 73-35-23, §73-35-35 (1972, as amended)

30 Miss. Admin. Code Pt. 1601, R. 5.7 Pre-Hearing Procedures

A. Continuances. Hearings shall be held before the Real Estate Commissioners Hearing Panel at the time and place designated in the Notice of Hearing unless the Commission grants a continuance. (a) A request for a continuance must be filed with the Commission at least ten (10) days prior to the scheduled hearing or upon a showing of good cause at any time prior to the hearing. (b) No more than two (2) continuances of the hearing will be granted without the approval of the Commission, Commission Chair, or Hearing Officer, for good cause. (c) A request for continuance, including one to retain counsel, submitted less than five (5) days prior to the hearing may be made only under unusual or extenuating circumstances. In such event, a request for a continuance shall be granted only if the other parties will not be prejudiced thereby. (d) Absent unusual or extenuating circumstances, if any continuance of an administrative hearing is requested or necessitated by Respondent/Respondent’s counsel after the commencement of the hearing, any costs incurred by the Commission because of the continuance may be taxed against Respondent as part of any final Order

of the Commission. Determination of the sufficiency of unusual or extenuating circumstances necessitating such continuance shall be in the sole discretion of the Hearing Officer.

B. Subpoenas. 1) For disciplinary/administrative hearings, the Commission acting by and through its legal staff may subpoena necessary persons and papers on its own behalf and on behalf of a Respondent. 2) Before the Commission will issue any subpoena on behalf of a Respondent, the Respondent shall file with the Commission a written request for the issuance of said subpoenas, identifying with certainty the identity and address of the persons to be subpoenaed and/or a concise description of the records to be subpoenaed with the identity and address of the custodian of said records. 3) All requests for the issuance of subpoenas shall be filed with the Commission sufficiently in advance of a scheduled hearing date, and no later than fourteen (14) days before the scheduled hearing date. The Commission shall not be responsible for the timely receipt of said subpoenas issued after the deadline. 4) All subpoenas issued by the Commission either on its own behalf or on behalf of a Respondent shall be effected by certified mail or by personal delivery. 5) Subpoenas issued by the Commission shall be returnable within ten (10) days to either the Commission or other location as specified in the subpoena. 6) The costs for service of subpoenas issued by the Commission, and witness fees and mileage as allowed by law may be taxed as part of the costs of the administrative hearing in the final Order of the Commission.

C. Disclosure.

1. Formal discovery is not provided for in proceedings before the Commission. 2) No depositions shall be taken in preparation for matters to be heard in a Commission administrative or disciplinary hearing, except, however, by agreement of the parties and upon good cause shown, where hearing depositions may be taken of licensees or other necessary witnesses who will be unavailable for a hearing previously scheduled. 3) Prior to an administrative or disciplinary hearing, licensees and/or counsel may, upon request, inspect that pertinent evidentiary material contained in Commission investigative files that is proposed to be offered at the Formal Hearing. 4) At least ten (10) days prior to hearing, Complaint Counsel of the Commission shall disclose and permit Respondent or his or her counsel to inspect, copy, or photograph the following information and material which is in the possession, custody, or control of the Commission or the existence of which is known to the Complaint Counsel: (a) Names and addresses of all witnesses proposed to be called in the Commission’s case in chief, together with a copy of the contents of any

statement, written, recorded, or otherwise preserved, of each such witness. (b) Copies of any written or recorded statement of Respondent and the substance of any oral statement made by Respondent. (c) Copies of any criminal record of Respondent, if proposed to be introduced as evidence at the hearing. (d) Any written reports or statements of experts, if proposed to be offered as evidence in connection with the case. (e) All records, documents, physical evidence, or photographs which may be offered as evidence. 5) The Commission shall charge a Respondent a reasonable fee, not to exceed fifty cents ($0.50) per page, payable in advance of delivery of copied documents. Payment must be made by cashier’s check, money order, or Commission accepted electronic method. Copies printed on both sides (front and back) shall be considered two (2) pages for copy charge purposes. 6) The Commission may deny disclosure authorized by these rules in accordance with applicable statutory and regulatory provisions providing exemptions, including but not limited to: Miss. Code Ann. §25-61-12; and Miss. Code Ann. §73-52-1. 7) Upon written request by Complaint Counsel, Respondent or his or her counsel shall promptly disclose and permit Complaint Counsel to inspect, copy, or photograph the following information and material which is in the possession, custody, or control of the Respondent or his or her counsel or the existence of which is known to the Respondent or his or her counsel: (a) Names and addresses of all witnesses proposed to be called in Respondent’s defense, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness. (b) All records, documents, physical evidence, or photographs which may or shall be offered as evidence in Respondent’s defense. (c) Any written reports or statements of experts, if proposed to be offered as evidence in connection with the case.

D. Exhibits 1) Respondent or his or her counsel shall produce to the Commission copies of all exhibits he or she intends to introduce as evidence in a Formal Hearing at least five (5) business days prior to the date of the Formal Hearing. (a) This provision shall be satisfied if Respondent or his or her counsel previously provided disclosure under Rule 5.7 C to Complaint Counsel and the said disclosure contained no changes from that to be offered into evidence as exhibits. (b) Respondent or his or her counsel shall produce at least six (6) physical copies of exhibits at the Formal Hearing, for any review by the Commission Hearing Panel/Hearing Officer and Complaint Counsel. 2) Upon written request of Respondent or his or her counsel, Complaint Counsel shall permit inspection of or produce to the Respondent or his or her counsel copies of all exhibits he or she intends to introduce as evidence in a Formal Hearing.

(a) This provision shall be satisfied if Complaint Counsel previously provided disclosure under Rule 5.7 C to Respondent or his or her counsel and the said disclosure contained no changes from that to be offered into evidence as exhibits. (b) Complaint Counsel shall not be obligated to fulfill requests made by Respondent within (5) business days of the date of the formal Administrative Hearing.

E. Failure to Comply. 1) In case of the failure of any person to comply with a timely disclosure and/or production of exhibits, the Commission Hearing Panel or Administrative Hearing Officer shall either: (a) Enter an Order prohibiting the noncompliant party from introducing the designated records, or (b) Enter an Order continuing the matter until the next scheduled Formal Hearing time and, if the Respondent is the noncomplying party, tax any costs of the proceeding incurred because of the necessity for continuance of the proceedings against Respondent.

F. Amendment of Pleadings.

1. Complaint Counsel may amend a Formal Complaint or Notice of Hearing at any time prior to the scheduled hearing date for the purposes of correcting a clerical error, clarifying facts set forth in the Formal Complaint, or to add additional charges or counts to the Formal Complaint. However, upon any amendment of a Formal Complaint, Respondent will be served with the amended Formal Complaint, and Notice of Hearing, not less than fifteen (15) days before the scheduled hearing date, or by mutual agreement of the parties.

G. Procedural Decisions. The Commission Chair or Hearing Officer will be fully authorized to make all necessary procedural decisions on behalf of the Commission, including, but not limited to, matters related to continuances, time extensions, and amendments to Formal Complaints.

History

• Source: Miss. Code Ann. § 73-35-23, §73-35-35 (1972, as amended).

30 Miss. Admin. Code Pt. 1601, R. 5.8 Administrative Hearings

A. Formal Administrative Hearings are conducted pursuant to Miss. Code Ann. §73-35- 23 which provides that hearings may be conducted before the Commission or an Administrative Hearing Officer. When hearings are conducted before the Commission, one Commissioner present at the hearing shall serve as the Hearing Officer for the hearing.

B. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Commission. Costs incurred for the certified court

reporter may be taxed to the Respondent as part of the costs of the proceedings in the final Order of the Commission as allowed or provided by statute or these Administrative Rules. No costs shall be taxed to a prevailing Respondent.

C. At an Administrative Hearing, Complaint Counsel and Respondent shall have opportunity to present evidence on all issues of fact and argument on all issues of law, to call, examine, and cross-examine witnesses, and to offer and introduce documentary evidence and exhibits as may be required for full and true disclosure of the facts of the matter.

D. The Commission Hearing Panel or Administrative Hearing Officer is not bound by strict rules of evidence, but all determinations of violations made by the Commission Hearing Panel or Administrative Hearing Officer must be based upon the preponderance of evidence standard of proof. The designated Hearing Officer shall rule on all evidentiary issues.

E. All hearings are open to the public pursuant to the Mississippi Open Meetings Law, Miss. Code Ann. §§25-41-1, et seq.

F. In all disciplinary/administrative hearings before the Commission or Administrative Hearing Officer, the record of the case will include: 1) The Formal Complaint and Notice of Hearing; 2) All pleadings and rulings issued; 3) Evidence received or considered at the hearing; 4) Certified transcript of the proceedings taken by a certified court reporter; and 5) The Commission’s Order or other disposition made by the Commission.

G. Formal Hearings before the Commission or Administrative Hearing Officer shall be conducted in the following order: 1) Opening statements 2) Complaint Counsel’s case in chief 3) Respondent’s case in chief 4) Complaint Counsel’s rebuttal 5) Closing statements, if requested

H. Questioning of witnesses shall be conducted in the following order: 1) Direct examination 2) Cross examination 3) Redirect examination

I. The Hearing Officer will have the authority to preside over the hearing in accordance with the requirements of the case in a manner that ensures due process.

J. The Commission Hearing Panel or Administrative Hearing Officer shall render a decision, setting forth Findings of Fact and Conclusions of Law and final Order.

Although the Commission Hearing Panel or Administrative Hearing Officer’s decision may be announced immediately following deliberations, adequate time shall be allowed for preparation of the written Order. A copy of such order shall be sent to Respondent via certified mail at his or her last known address or served personally upon Respondent. A copy shall be sent to Respondent, Respondent’s counsel of record and Responsible Broker for Respondent using email addresses on file.

History

• Source: Miss. Code Ann. §73-35-23, §73-35-25, §73-35-35 (1972, as amended).

30 Miss. Admin. Code Pt. 1601, R. 5.9 Appeals of Commission Orders/Rulings

A. An applicant, Respondent/licensee or other person aggrieved of an adverse order, ruling or decision of the Commission, or Administrative Hearing Officer, shall have the right to appeal to the circuit court of the county of residence of the applicant, licensee, or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the final Order or action of the Commission.

B. Satisfactory bond in the amount of Five Hundred Dollars ($500) shall be posted with the court upon filing of any appeal for the payment of any costs which may be adjudged against Appellant applicant or licensee(s).

C. Filing, docketing and procession of appeals shall follow the requirements set forth in Miss. Code Ann. §73-35-25, other applicable laws, and the Uniform Circuit and County Court Rules (U.C.C.C.R.).

D. Any order, rule or decision of the Commission or Administrative Hearing Officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant or Respondent/licensee, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the Commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the Commission’s showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.

E. Actions taken by the Commission in suspending a license when required by Miss. Code Ann. §93-11-157 or §93-11-163 are not actions from which an appeal may be taken pursuant to these Rules. Appeals of such actions are governed by §93-11-157 or §93-11- 163.

History

• Source: Miss. Code Ann. §73-35-25, §73-35-35 (1972, as amended).

Chapter 6 Continuing Education

30 Miss. Admin. Code Pt. 1601, R. 6.1 Approved Courses

A. Any course that meets the educational requirements as set forth in Section 73-35-7 of the Mississippi Real Estate Broker's License Act of 1954, as Amended.

B. Any course sponsored or provided by the Mississippi Real Estate Commission.

C. Any course which has been individually approved by the Commission pursuant to the provisions of this rule and which must be approved prior to presentation of the course, except that, in the Commission's discretion, courses which have not received such prior approval but which meet the proper criteria may be approved for credit for licensees who have completed such course.

D. Any course which has been approved for real estate continuing education by any state or country which is a member of the Association of Real Estate License Law Officials (ARELLO) and which course satisfies the requirements set forth in Rule VI (B) (3) with the exception of instruction in license law which pertains solely to a state other than Mississippi.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.2 Procedures and Criteria for Approval of Courses

A. Definitions:

(1) "Provider" - any individual person, partnership, association, legally established corporation or LLC, educational organization, or other entity that sponsors, offers, organizes, provides or promotes real estate continuing education courses.

(2) "Instructor" - a person who delivers educational material information directly to students.

B. A provider desiring approval of continuing education course referred to in Section 73-35- 18, Mississippi Code of 1972, Annotated, shall make application to the Commission on forms provided by the Commission. The provider, course, and instructor must receive concurrent approval.

C. All requests for course accreditation shall be submitted on forms provided by MREC and will require copies of all student materials as well as documentation that includes the following:

(1) Course descriptions of each subject in the course.

(2) Measurable learning objectives for each subject.

(3) Specific process for evaluation and improvement of content.

(4) Specific processes for selecting and evaluating instructors.

(5) Specific processes for record-keeping and the administration of examinations.

D. For courses offered through distance learning:

(1) Courses in Mississippi license law, contract law, and agency shall include course content and application specific to Mississippi practice and custom.

(2) Out-of-state providers must provide copies or screen prints of all Mississippi specific content for MREC review and approval.

(3) On-line or CD-ROM courses relating to Mississippi license law and agency must include instruction in the use of the Mississippi mandatory forms as well as provide a mechanism for the student to view and download the forms.

E. Standards for approval of course:

(1) A proposed continuing education course shall be a real estate oriented educational session or course intended to improve skills of licensees and to keep licensees abreast of changing real estate practices and laws.

(2) Courses shall be taught only by approved, qualified instructors.

(3) Courses shall be offered in minimum two-hour segments.

(4) Courses, instructors and providers shall be approved for one (1) year periods and shall be required to renew if the course is to be continued.

(5) Licensees shall physically attend in order to receive a certificate.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.3 Qualifications of Instructors

The education and experience of the instructor must be appropriate to teach the subject matter.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.4 Administrative Requirements - Applies to VI A

2. & 3.

A. Providers of continuing education courses shall furnish the Commission with a class roster within thirty (30) days after completion of each course listing each Mississippi licensee in attendance in alphabetical order.

B. Providers will utilize a three-part certificate for the purpose of certifying individual attendance. One designated part shall be returned completed to the commission, one designated part shall be given to each attendee at the conclusion of the course, and the remaining par shall be retained by the provider furnishing such information as may be called for on the certificate.

C. Attendance and other records of each provider must be kept on file for a period of three years and are subject to inspection by the Commission at any time during normal business hours.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.5 Advertising and solicitation

A. An approved real estate provider must include, in all forms of advertising, the school’s name and the physical location of its principal place of business.

B. An approved real estate provider may not advertise through oral statements or written text in such a manner that the statement is included or contained in any advertisement by a real estate broker and no advertisement of a licensed school may refer to the brokerage operation or include the telephone number of any individual broker.

C. An approved real estate provider may not:

(1) Indicate any name other than the name approved by the Mississippi Real Estate Commission (MREC).

(2) Indicate that it has been endorsed, recommended, or certified by the MREC except that the provider may advertise that it is approved by the MREC to provide instruction in real estate courses.

(3) Indicate that successful completion of its curriculum will result in passing a real estate licensing exam, may not make any guarantee of employment to a student or prospective student, and may not promote the business or any real estate licensee, real estate franchise, or network.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.6 Relationship with providers

A. No real estate education presentation may be conducted in a facility that is also utilized

for conducting the business of real estate brokerage unless all participants are licensees of the brokerage firm conducting the courses.

B. No real estate education provider will allow in-person or electronic solicitation of students for employment. A provider may not post, distribute, or display written material concerning employment nor use any approved course for the purpose of discussing, inducting, or promoting affiliation with any broker or brokerage firm during the prescribed class hours nor during the breaks between such class hours.

C. Providers may advertise that a course meets a portion of the continuing education requirements; however, no advertisement shall be used which states or implies that the Mississippi Real Estate Commission has approved or passed on the merits of a course.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 6.7 Suspension or Revocation of Approval

Failure to comply with any provision of this rule shall constitute grounds for suspension or revocation of the approval of a course, a provider or an instructor, or other such action as deemed appropriate by the Commission.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 7 INSPECTION OF OFFERINGS FROM OUT OF STATE

30 Miss. Admin. Code Pt. 1601, R. 7.1 Out-of-state Developers

Out-of-state land developers who desire to advertise out-of-state property in Mississippi (except in national publications) shall first contact the Mississippi Real Estate Commission to have the property approved for advertising. The Mississippi Real Estate Commission may in its discretion conduct an on-site inspection of the property at the cost of the developer. The developer shall, upon request from the Mississippi Real Estate Commission, provide such documentation which will establish the truth and accuracy of the proposed advertisements. A Mississippi broker who becomes the agent or representative of the out-of-state developer, shall be responsible for the truth and accuracy of representation, offerings and advertising of such properties in the State of Mississippi.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 8 Time Shares

30 Miss. Admin. Code Pt. 1601, R. 8.1 Licensing

Any seller, other than the developer and its regular employees, of a timeshare plan within the State of Mississippi must be a licensed Real Estate Broker or Real Estate Salesperson pursuant to and subject to Mississippi Law and the Rules and Regulations of the Mississippi Real Estate

Commission.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.2 Definitions

A. “Accommodations" means any structure, service improvement, facility, apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure, which is situated on real property and designed for occupancy by one or more individuals.

B. "Advertising" or "Advertisement" means any written, oral, or electronic communication which contains a promotion, inducement, or offer to sell a timeshare plan, including, but not limited to, brochures, pamphlets, radio and television scripts, electronic media, telephone and direct mail solicitations, and other means of promotion.

C. "Assessment" means the share of funds required for the payment of common expenses that are assessed from time to time against each timeshare interest owner by the managing entity.

D. "Association" means the organized body consisting of the owners of timeshare interests in a timeshare plan.

E. "Common Expenses" means taxes, casualty and liability insurance, and those expenses properly incurred for the maintenance, operation, and repair of all accommodations constituting the timeshare plan and any other expenses designated as common expenses by the timeshare instrument.

F. "Developer" means and includes any person who creates a timeshare plan or is in the business of selling timeshare interests, or employs agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer timeshare interests for disposition in the ordinary course of business and does not include those sellers who sell timeshare interests on the developer's behalf.

G. "Managing entity" means the natural person or other entity that undertakes the duties, responsibilities, and obligations of the management of a timeshare plan.

H. "Exchange program" means any method, arrangement, or procedure for the voluntary exchange of timeshare interests or other property interests. The term does not include the assignment of the right to use and occupy accommodations to owners of timeshare interests within a timeshare plan. Any method, arrangement, or procedure that otherwise meets this definition in which the purchaser's total contractual financial obligation exceeds three thousand dollars ($3,000) per any individual, recurring timeshare period, shall be regulated as a timeshare plan in accordance with these rules. For purposes of determining the purchaser's total contractual financial obligation, amounts to be paid as a

result of renewals and options to renew shall be included except for the following:

(1) the amounts to be paid as a result of any optional renewal that a purchaser, in his or her sole discretion may elect to exercise or

(2) the amounts to be paid as a result of any automatic renewal in which the purchaser has a right to terminate during the renewal period at any time and receive a pro rata refund for the remaining unexpired renewal term or

(3) amounts to be paid as a result of an automatic renewal wherein the purchaser receives a written notice no less than 30 nor more than 90 days prior to the date of renewal informing the purchaser of the right to terminate prior to the date of renewal.

Notwithstanding these exceptions, if the contractual financial obligation exceeds three thousand dollars ($3,000) for any three-year period of any renewal term, amounts to be paid as a result of that renewal shall be included in determining the purchaser's total contractual financial obligation.

I. "Offer to sell", "offer for sale," "offered for sale," or "offer" means solicitation of purchasers, the taking of reservations, or any other method whereby a purchaser is offered the opportunity to participate in a timeshare plan.

J. "Purchaser" means any person, other than a developer, who by means of a voluntary transfer for consideration acquires a legal or equitable interest in a timeshare plan other than as security for an obligation.

K. "Reservation system" means the method or arrangement which purchasers are required to utilize in order to reserve the use and occupancy of accommodations in a timeshare plan.

L. "Seller" means any developer or any other person, or agent or employee thereof: who offers timeshare periods for sale to the public in the ordinary course of business, except a person who has acquired a timeshare period for the person's own use and occupancy and who later offers it for resale.

M. "Timeshare instrument" means one or more documents, by whatever name denominated, creating or governing the operation of a timeshare plan and includes the declaration or other legal instrument dedicating the accommodations to the timeshare plan.

N. "Timeshare interest" means and includes either of the following:

(1) A "timeshare estate," which is the right to occupy a timeshare property, coupled with a freehold estate or an estate for years with a future interest in a timeshare property or a specified portion thereof.

(2) A "timeshare plan" which is the right to occupy a timeshare property, which right is neither coupled with a freehold interest, nor coupled with an estate for years with a future interest, in a timeshare property.

O. "Timeshare plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan may be either of the following:

(1) A "single-site timeshare plan" which is the right to use accommodations at a single timeshare property; or

(2) A "multi-site timeshare plan" that includes either of the following:

(a) A "specific timeshare interest" which is the right to use accommodations at a specific timeshare property, together with use rights in accommodations at one or more other component sites created by or acquired through the timeshare plan's reservation system; or

(b) A "non-specific timeshare interest" which is the right to use accommodations at more than one component site created by or acquired through the timeshare plan's reservation system, but including no right to use any specific accommodation.

P. "Timeshare property" means one or more accommodations subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations.

Q. "Mississippi Real Estate Commission," or "Commission" means the agency of the State of Mississippi created by §73-35-1, et seq. To regulate the licensing of real estate brokers and salespersons and by §73-35-35 directed to regulate the sale of timeshare and condominium properties.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.3 Registration

A. Developer registration; offer or disposal of interest. - A developer, or any of its agents, shall not sell, offer or dispose of a timeshare interest in the state unless all necessary registration requirements are completed and approved by the Mississippi Real Estate Commission, or the sale, offer, or disposition is otherwise permitted by or exempt from these rules. A developer, or any of its agents, shall not sell, offer or dispose of a timeshare interest in the state while an order revoking or suspending a registration is in

effect.

B. Exemptions from developer registration

(1) A person is exempt from the registration requirements under the following circumstances.

(a) An owner of a timeshare interest who has acquired the timeshare interest from another for the owner's own use and occupancy and who later offers it for resale; or

(b) A managing entity or an association that is offering to sell one or more timeshare interests acquired through foreclosure, deed in lieu of foreclosure or gratuitous transfer, if such acts are performed in the regular course of or as incident to the management of the association for its own account in the timeshare plan; or

(c) The person offers a timeshare plan located outside of Mississippi in a national publication or by electronic media, which is not directed to or targeted to any individual located in Mississippi and contains appropriate disclaimers; or

(d) The person is conveyed, assigned, or transferred more than seven timeshare interests from a developer in a single voluntary or involuntary transaction arid subsequently conveys, assigns, or transfers all of the timeshare interests received from the developer to a single purchaser in a single transaction.

(e) (i) The developer is offering a timeshare interest to a purchaser who has previously acquired a timeshare interest from the same developer if the developer has a timeshare plan registered with the Commission, which was originally approved by the Commission within the preceding seven (7) years and, further, provides the purchaser:

(A) a cancellation period of at least seven (7) calendar days;

(B) all the timeshare disclosure documents that are required to be provided to purchasers as if the sale occurred in the state or jurisdiction where the timeshare property is located; and

(ii) By making such an offering or disposition, the person is deemed to consent to the jurisdiction of the Commission in the event of a dispute with the purchaser in connection with the offering or disposition.

(f) An offering of any plan in which the purchaser's total financial obligation is $3,000 or less during the term of the plan; for purposes of determining the purchaser's total financial obligation, all amounts to be paid during any renewal or periods of optional renewal shall be included.

(g) Hotels including any hotel, inn, motel, tourist court, apartment house, rooming house, or other place where sleeping accommodations are furnished or offered for pay if four (4) or more rooms are available therein for transient guests as defined in Miss. Code Ann. §41-49-3.

(h) Campground, which is located on real property, made available to persons for camping, whether by tent, trailer, camper, cabin, recreational vehicle or similar device and shall include the outdoor recreational facilities located on the real property;

(i) Hunting camp which means land or facilities located on real property which is established for the principal purpose of hunting or fishing activities which are subject to licensing by the State of Mississippi pursuant to Miss. Code Ann. §49-7-1, et seq. (j) Owner referrals as described in Section N of these rules.

C. Developer Registration Requirements

(1) Any person who, to any individual in Mississippi, sells, offers to sell, or attempts to solicit prospective purchasers to purchase a timeshare interest, or any person who creates a timeshare plan with an accommodation in Mississippi must register the timeshare plan with the Commission unless the timeshare plan is otherwise exempt from this Chapter.

(2) The developer shall have the duty to supervise and control all aspects of the offering of a timeshare plan including, but not limited to the promotion, advertising, contracting and closing.

(3) The developer must provide proof as part of the registration that he will comply with escrow, bonding, or other financial assurance requirements for purchaser funds, including escrow during the rescission period, escrow funds until substantial completion, or bonding, letter of credit or other financial assurances acceptable to the Commission.

(4) All timeshare plans shall maintain a one-to-one purchaser to accommodation ratio, which is the ratio of the number of purchasers eligible to use the accommodations of a timeshare plan on a given day to the number of accommodations available for use within the plan on that day, such that the total number of purchasers eligible to use the accommodations of the timeshare plan during a given calendar year never exceeds the total number of accommodations available for use in the timeshare plan during that year. For purposes of

calculation under this subsection, each purchaser must be counted at least once, and no individual timeshare unit may be counted more than 365 times per calendar year (or more than 366 times per leap year). A purchaser who is delinquent in the payment of timeshare plan assessments shall continue to be considered eligible to use the accommodations of the timeshare plan.

D. Comprehensive registration

(1) In registering a timeshare plan, the developer shall provide all of the following information:

(a) The developer's legal name, any assumed names used by the developer, principal office, street address, mailing address, primary contact person, telephone, electronic mail and facsimile numbers;

(b) The name of the developer's authorized or registered agent in Mississippi upon whom claims may be served or service of process be had, the agent's street address in Mississippi and telephone number;

(c) The name, street address, mailing address, primary contact person and telephone, electronic mail and facsimile numbers of any timeshare plans being registered;

(d) The name, street address, mailing address and telephone, electronic mail and facsimile numbers of any managing entity of the timeshare plan if other than the developer;

(e) Current status of title by a title insurance company qualified and registered to do business in Mississippi, or in the jurisdiction where the timeshare plan is located;

(f) A copy of the proposed or existing covenants, conditions and restrictions applicable to the timeshare plan;

(g) Exemplars of all contracts, deeds, fact sheets and other instruments to be used in marketing, financing and conveying the timeshare interests;

(h) A copy of the management agreement for the timeshare plan;

(i) A detailed description of the furnishing(s) and other personal property to be included in the timeshare plans;

(j) Agreement of the developer to subsidize maintenance and operation of the timeshare plan, if any;

(k) Description of other services and amenities advertised with the

timesharing plan;

(l) Evidence of financial assurances, if any;

(m) Evidence of compliance with escrow or other financial assurance requirements for protection of purchaser funds pursuant to these rules.

(n) Where the timeshare plan uses a reservation system, the developer shall provide evidence that provisions are in place to assure that, in the event of termination of the operator of the reservation system, an adequate period of continued operation exists to assure a transition to a substitute operator or mechanism for the operation of the reservation system. In addition, there shall be a requirements to transfer all relevant data contained in the reservation system to the successor operator of the system.

(o) A description of the inventory control system that will ensure compliance with subsection 3.c. of this section.

(p) A public offering statement which complies with the requirements set forth below; and

(q) Any other information regarding the developer, timeshare plan, or managing entities, as reasonably required by the Commission for the protection of the purchasers.

E. Abbreviated Registration

(1) The Commission may accept an abbreviated application from a developer of a timeshare plan in which all accommodations are located outside of the state. A developer of a timeshare plan with any accommodation located in Mississippi may not file an abbreviated filing, with the exception of a succeeding developer after a merger or acquisition when the developer's timeshare plan was registered in the state immediately preceding the merger or acquisition.

(2) As a part of any application for an abbreviated registration, the developer must provide a certificate of registration or other evidence of registration from the appropriate regulatory agency in the jurisdiction in which the accommodations offered in Mississippi are located, or other evidence of compliance by the timeshare plan with the laws of the jurisdiction where the accommodations are located. Such other jurisdiction must have disclosure requirements that are substantially equivalent or greater than the information required to be disclosed to purchasers by these rules. A developer filing an abbreviated registration application must also provide the following:

(a) The developer's name, any assumed names used by the developer, the developer's principal office location, mailing address, primary contact

person and telephone, electronic mail and facsimile numbers;

(b) The name, location, mailing address, primary contact person and the telephone, electronic mail and facsimile numbers of the timeshare plan, if different from the developer;

(c) The name of the authorized agent or registered agent in Mississippi upon whom claims can be served or service of process can be had, and the address in Mississippi of the authorized agent or registered agent;

(d) The names of any sales entity if other than the developer and the managing' entity and their principal office locations, mailing address and telephone, electronic mail and facsimile numbers;

(e) A statement as to whether the timeshare plan is a single-site timeshare plan or a multi-site timeshare plan and, if a multi-site timeshare plan, whether it consists of specific timeshare interests or non-specific timeshare interests;

(f) Disclosure of each jurisdiction in which the developer has applied for registration of the timeshare plan and whether the timeshare plan, its developer or any of its sales agents or managing entities utilized were denied registration or were the subject of any disciplinary proceedings;

(g) Copies of any disclosure documents required to be given to purchasers or required to be filed with the jurisdiction in which the timeshare plan is approved or accepted as may be requested by the Commission;

(h) The appropriate fees, if any, and

(i) Other information reasonably required by the Commission or established by rule.

F. Preliminary Permits

(1) The state may grant a preliminary permit allowing the developer to begin offering and selling timeshare interests while the registration is in process. To obtain a preliminary permit, the developer must do all of the following:

(a) Submit a formal written request to the Mississippi Real Estate Commission for a preliminary permit;

(b) Submit a substantially complete application for registration to the Commission, including any appropriate fees and exhibits;

(c) Provide evidence acceptable to the state agency that all funds received by

the developer will be placed into an independent escrow account in accordance with the escrow requirements until a final registration has been granted;

(d) Give to each purchaser a copy of the proposed public offering statement that the developer has submitted to the Commission with the initial application; and

(e) Give to each purchaser the opportunity to cancel the purchase contract during the applicable recission period. The purchaser shall have an additional opportunity to cancel upon the issuance of an approved registration if the Commission determines that there is a material and adverse difference in the disclosures contained in the final public offering statement and those given to the purchaser in the proposed public offering statement.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.4 Public Offering Statement

A. Public Offering Statement Requirements

(1) A developer must prepare a public offering statement that shall fully and accurately disclose the facts concerning the timeshare developer and timeshare plan as required by these rules. The developer shall provide the public offering statement to each purchaser of a timeshare interest in any timeshare plan prior to execution of the purchase contract. The public offering statement shall be dated and shall require the purchaser to certify in writing the receipt thereof. Upon approval by the Commission, the developer may also deliver the public offering statement on CD ROM or other electronic media.

(2) With regard to timeshare interests offered in a single-site timeshare plan or in the specific interest of a multi-site timeshare plan, the public offering statement should fully and accurately disclose the following:

(a) The name of the developer and the principal address of the developer;

(b) Information regarding the developer's business and property management experience;

(c) A description of the type of timeshare interests being offered;

(d) The number of accommodations and timeshare interests, expressed in periods of seven-days use availability or other time increments applicable to the multi-site timeshare plan for each component site committed to the multi-site timeshare plan and available for use by purchasers, purchasers

and a representation about the percentage of useable time authorized for sale, and if that percentage is 100 percent, then a statement describing how adequate periods of time for maintenance and repair will be provided. A general description of the existing and proposed accommodations and amenities of the timeshare plan, including their type and number personal property furnishing the accommodation, any use restrictions, and any required fees for use;

(e) A description of any accommodations and amenities that are committed to be built, including, without limitation:

(i) the developer's schedule of commencement and completion of all accommodations and amenities;

(ii) the estimated number of accommodations per site that may become subject to the timeshare plan; (iii) a brief description of the duration, phases, and operation of the timeshare plan; and

(iv) the extent to which financial arrangements have been provided for completion of all promised improvements.

(f) If the timeshare plan requires the use of a reservation system, include a description of the reservation system which shall include the following:

(i) The entity responsible for operating the reservation system, its relationship to the developer, and the duration of any agreement for operation of the reservation system.

(ii) A summary of the rules and regulations governing access to and use of the reservation system.

(iii) The existence of and an explanation regarding any priority reservation features that affect a purchaser's ability to make reservations for the use of a given accommodation on a first-come, first-serve basis.

(iv) An explanation of any demand-balancing standard utilized to assure equitable use of the accommodations among participants.

(g) The current annual budget, if available, or the projected annual budget for the timeshare plan. The budget must include, without limitations:

(i) a statement of the amount included in the budget as a reserve for repairs and replacement;

(ii) the projected common expense liability, if any, by category of expenditures for the timeshare plan; and

(iii) a statement of any services or expenses not reflected in the budget that the developer provides or pays.

(h) Information regarding all fees that the purchaser is required to pay in conjunction with the purchase and ownership including, but not limited to, closing cost and annual assessments;

(i) A description of any liens, defects or encumbrances on or affecting the title to the timeshare interests;

(j) A description of any financing offered by or available through the developer;

(k) A statement that within seven (7) calendar days after receipt of the public offering statement or after execution of the purchase contract, whichever is later, a purchaser may cancel any purchase contract for a timeshare interest from a developer together with a statement providing the name and street address to which the purchaser shall mail any notice of cancellation. If by agreement of the parties by and through the purchase contract, the purchase contract allows for cancellation of the purchase contract for a period of time exceeding seven (7) calendar days, then the public offering statement shall include a statement that the cancellation of the purchase contract is allowing for that period of time exceeding seven (7) calendar days;

(l) A description of any bankruptcies, pending civil or criminal suits, adjudications, or disciplinary actions of which the developer has knowledge, which would have a material effect on the developer's ability to perform its obligations.

(m) Any restrictions on alienation of any number or portion of any timeshare interests;

(n) A statement describing liability and casualty insurance for the timeshare property;

(o) Any current or expected fees or charges to be paid by timeshare purchasers for the use of any amenities related to the timeshare plan;

(p) A statement disclosing any right of first refusal or other restraint on the transfer of all or any portion of a timeshare interest.

(q) A statement of disclosing that any deposit made in connection which the

purchase of a timeshare interest shall be held by an escrow agent until expiration of any right to cancel the contract and that any deposit shall be returned to the purchaser if he or she elects to exercise his or her right of cancellation. Alternatively, if the Commission has accepted from the developer a surety bond, irrevocable letter of credit, or other financial assurance in lieu of placing deposits in an escrow account, account:

(i) a statement disclosing that the developer has provided a surety bond, irrevocable letter of credit, or other financial assurance in an amount equal to or in excess of the funds that would otherwise be placed in an escrow account and,

(ii) a description of the type of financial assurance that has been arranged,

(iii) a statement that if the purchaser elects to exercise his or her right of cancellation as provided in the contract, the developer shall return the deposit, and

(iv) a description of the person or entity to whom the purchaser shall apply for payment.

(r) If the timeshare plan provides purchasers with the opportunity to participate in an exchange program, a description of the name and address of the exchange company and the method by which a purchaser accesses the exchange program;

(s) Such other information reasonable required by the state agency and established by administrative rule necessary for the protection of purchasers of timeshare interests in timeshare plans; and

(t) Any other information that the developer, with the approval of the Commission, desires to include in the public offering statement.

(3) Public offering statements for specific timeshare interest and multi-site timeshare plans shall include the following disclosures in addition to those required in (b) above:

(a) A description of each component site, including the name and address of each Component site.

(b) The number of accommodations and timeshare interest, expressed in periods of seven-day use availability or other time increments applicable to each component site of the timeshare plan, committed to the multi-site timeshare plan and available for use by purchasers, and a representation about the percentage of useable time authorized for sale, and if that

percentage is 100 percent, then a statement describing how adequate periods of time for maintenance and repair will be provided.

(c) Each type of accommodation in terms of the number of bedrooms, bathrooms, and sleeping capacity, and a statement of whether or not the accommodation contains a full kitchen. For purposes of this description, a "full kitchen" means a kitchen having a minimum of a dishwasher, range, sink, oven, and refrigerator.

(d) A description of amenities available for use by the purchaser at each component site.

(e) A description of the reservation system, which shall include the following:

(i) The entity responsible for operating the reservation systems, its relationship to the developer, and the duration of any agreement for operation of the reservation system.

(ii) A summary of the rules and regulations governing access to and use of the reservation system.

(iii) The existence of and an explanation regarding any priority reservations for the use of a given accommodation on a first-come, first-served basis.

(iv) An explanation of any demand-balancing standard utilized to assure equitable use of the accommodations among participants.

(v) A description of any method utilized to permit additions, substitutions, or deletions of accommodations.

(vi) A description of any criteria utilized in the use and operation of the reservation system (such as historical occupancy levels by season, location, demand, etc.)

(f) The name and principal address of the managing entity of the multi-site timeshare plan and description of the procedures, if any, for altering the powers and responsibilities of the managing entity and for removing or replacing it.

(g) A description of any right to make any addition, substitutions, or deletion of accommodations, amenities, or component sites, and a description of the basis upon which accommodations, amenities, or component sites may be added to, substituted in, or deleted from the multi-site timeshare plan.

(h) A description of the purchaser's liability for any fees associated with the

multi-site timeshare plan.

(i) The location of each component site of the multi-site timeshare plan, the historical occupancy of each component site for the prior 12-month period, if the component site was part of the multi-site timeshare plan during the 12-month time period, as well as any periodic adjustment or amendment to the reservation system that may be needed in order to respond to actual purchaser use patterns and changes in purchaser use demand for the accommodations existing at that time within the multi-site timeshare plan.

(j) Any other information that the developer, with the approval of the Commission, desires to include in the timeshare disclosure statement.

(4) Public offering statements for nonspecific timeshare multi-site timeshare plans shall include the following:

(a) The name and address of the developer.

(b) A description of the type of interest and usage rights the purchaser will receive.

(c) A description of the duration and operation of the timeshare plan. (d) A description of the type of insurance coverage provided for each component site.

(e) An explanation of who holds title to the accommodations of each component site.

(f) A description of each component site, including the name and address of each component site.

(g) The number of accommodations and timeshare interest, expressed in periods of seven-day use availability or other time increments applicable to the multi-site timeshare plan for each component site committed to the multi-site timeshare plan and available for use by purchasers. purchasers and a representation about the percentage of useable time authorized for sale, and if that percentage is 100 percent, then a statement describing how adequate periods of time for maintenance and repair will be provided.

(h) Each type of accommodation in terms of the number of bedrooms, bathrooms, and sleeping capacity, and a statement of whether or not the accommodation contains a full kitchen. For purposes of this description, a "full kitchen" means a kitchen having a minimum of a dishwasher, range, sink, oven, and refrigerator.

(i) A description of amenities available for use by the purchaser at each component site.

(j) A description of any incomplete amenities at any of the component sites along with a statement as to any assurance for completion and the estimated date the amenities will be available.

(k) The location of each component site of the multi-site timeshare plan, the historical occupancy of each component site for the prior 12-month period, if the component site was part of the multi-site timeshare plan during such 12-month time period, as well as any periodic adjustment or amendments to the reservation system that may be needed in order to respond to actual purchaser use patterns and changes in purchaser use demand for the accommodations existing at that time within the multi-site timeshare plan.

(l) A description of any rights to make any additions, substitutions, or deletions of accommodations, amenities, or component sites, and a description of the basis upon which accommodations, amenities, or component sites may be added to, substituted in, or deleted form the multi- site timeshare plan.

(m) A description of the reservation system that shall included all of the following:

(i) The entity responsible for operating the reservation system, its relationship to the developer, and the duration of any agreement for operation of the reservation system.

(ii) A summary of the rules and regulations governing access to and use of the reservation system.

(iii) The existence of and an explanation regarding any priority reservation features that affect a purchaser's ability to make reservations for the use of a given accommodation on a first-come, first-served basis.

(n) The name and principal address of the managing entity for the multi-site timeshare plan and a description of the procedures, if any, for altering the powers and responsibilities of the managing entity and for removing or replacing it, and a description of the relationship between a multi-site timeshare plan managing entity and the managing entity of the component sites of a multi-site timeshare plan, if different from the multi-site timeshare plan managing entity.

(o) The current annual budget as provided in Section L. of these rules, along

with the projected assessments and a description of the method of calculation and apportioning the assessments among purchasers, all of which shall be attached as an exhibit to the public offering statement.

(p) Any current fees or charges to be paid by timeshare purchasers for the use of any amenities related to the timeshare plan and statement that the fees or charges are subject to change.

(q) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.

(r) A description of any financing offered by or available through the developer.

(s) A description of any bankruptcies, pending civil or criminal suits, adjudications, or disciplinary actions of which the developer has knowledge, which would have a material effect on the developer's ability to perform its obligations.

(t) A statement disclosing any right of first refusal or other restraint on the transfer of all or any portion of a timeshare interest.

(u) A statement disclosing that any deposit made in connection with the purchase of a timeshare interest shall be held by an escrow agent until expiration of any right to cancel the contract and that any deposit shall be returned to the purchaser if he or she elects to exercise his or her right of cancellation. Alternatively, if the Commission has accepted from the developer a surety bond, irrevocable letter of credit, or other financial assurance in lieu of placing deposits in an escrow account, account: (i) a statement disclosing that the developer has provided a surety bond, irrevocable letter of credit, or other financial assurance in an amount equal to or in excess of the funds that would otherwise be placed in an escrow account and, (ii) a description of the type of financial assurance that has been arranged, (iii) a statement that if the purchaser elects to exercise his or her right of cancellation as provided in the contract, the developer shall return the deposit, and (iv) a description of the person or entity to whom the purchaser should apply for payment.

(v) If the timeshare plan provides purchasers with the opportunity to participate in an exchange program, a description of the name and address of the exchange company and the method by which a purchaser accesses the exchange program.

(w) Any other information that the developer, with the approval of the Commission, desires to include in the timeshare disclosure statement.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.5 Amendment to Registration Information and Public Offering Statement:

The developer shall amend or supplement its Public Offering Statement and registration information to reflect any material change in any information contained therein. All such amendments, supplements and changes shall be filed with and approved by the Commission. Each approved amendment to the Public Offering Statement, other than an amendment made only for the purpose of the addition of a phase or phases to the timeshare plan in the manner described in the timeshare instrument or any amendment that does not materially alter or modify the offering in a manner that is adverse to a purchaser, shall be delivered to a purchaser no later than 10 days prior to closing.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.6 Registration Review Time Frames

Every registration required to be filed with the Commission must be reviewed and issued a certificate of registration in accordance with the following schedule:

A. Comprehensive registration. Registration shall be effective only upon the issuance of a certificate of registration issued by the Commission, which, in the ordinary course of business, should occur no more than sixty (60) calendar days after actual receipt by the state agency of the properly completed application. The Commission must provide a list of deficiencies in the application, if any, and the time for issuance of the certificate of registration by the Commission will be sixty (60) calendar days from receipt by the Commission of the information listed in the deficiencies in the application.

B. Abbreviated registration. Registration shall be effective only upon the issuance of a certificate of registration issued by the Commission, which, in the ordinary course of business, should occur no more than thirty (30) calendar days after receipt by the Commission of the properly completed application. The Commission must provide a list of deficiencies in the application, if any, and the time for issuance of the certificate of registration by the Commission will occur no more than thirty (30) calendar days from receipt by the Commission of the information listed in the deficiencies in the application.

C. Preliminary permit. A preliminary permit shall be issued within twenty (20) calendar days after receipt of a properly completed application, unless the Commission provides to the applicant a list of deficiencies in the application. A preliminary permit shall be issued within fifteen (15) calendar days after receipt by the Commission of the information listed in the deficiencies in the application.

D. The applicant nor a presumption of approval of the application. The Commission may, for cause, extend the approval periods.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.7 Purchase Contracts

A. Each developer shall furnish each purchaser with a fully completed and executed copy of a contract, which contract shall include the following information:

(1) The actual date the contract is executed by all parties;

(2) The names and addresses of the seller, the developer and the timeshare plan;

(3) The total financial obligation of the purchaser, including the purchase price and any additional charges to which the purchaser may be subject, such as any recurring assessment;

(4) The estimated date of availability of each accommodation, which is not completed;

(5) A description of the nature and duration of the timeshare interest being sold, including whether any interests in real property is being conveyed and the specific number of years or months constituting the term of contract;

(6) Immediately above the signature line of the purchaser(s), the following statement shall be printed in conspicuous type:

(7) These statements in Paragraph f. may not be waived and failure to include them in a timeshare contract shall render the contract void.

(8) Seller shall refund all payments made by the purchaser under the contract and return all negotiable instruments, other than checks, executed by the purchaser in You may cancel this contract without any penalty or obligation within seven (7) calendar days from the date you sign this contract and seven (7) calendar days after you receive the public offering statement, whichever is later. If you decide to cancel this contract, you must notify the developer in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to (name of developer) at (address of developer). If you cancel the contract during a the seven-day cancellation period, the developer shall refund to you all payments made under the contract within thirty (30) days after receipt of your cancellation notice.

No purchaser should rely upon representations other than those included in this contract.

connection with the contract within 30 days from the receipt of the notice of cancellation transmitted to the developer from the purchaser or if the purchaser has received benefits under the contract, refund all payments made less actual cost of benefits actually received by the purchaser before the date of cancellation, with an accounting of the actual costs of the benefits deducted from payments refunded.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.8 Exchange Program

A. If a purchaser is offered the opportunity to subscribe to an exchange program, the purchaser should receive written information concerning the exchange program prior to or concurrently with the execution of the contract with the exchange company. Such information should include, without limitation, the following information.

(1) The name and address of the exchange company;

(2) The names of all officers, directors and shareholders of greater that 10% interests of the exchange company;

(3) A description of the purchaser's contractual relationship with the exchange program and the procedure by which changes may be made;

(4) A description of the procedure to qualify for and effectuate changes;

(5) A description of the limitations, restrictions or priority employed in the operation of the exchange program;

(6) The fees or range of fees for participation in the exchange program and the circumstances under which the fees may be changed;

(7) The name and address of each timeshare plan participating in the exchange program;

(8) The number of timeshare interests reported in seven (7) day usage periods in each timeshare plan participating in the exchange program; and

(9) The number of purchasers for each timeshare plan participating in the exchange program.

B The exchange program should report on an annual basis following an audit by an independent certified public accountant the following:

(1) The number of purchasers enrolled in the exchange program;

(2) The number of accommodations that have current affiliation agreements with the exchange program;

(3) The percentage of confirmed reservations;

(4) The number of timeshare periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a timeshare period during the year; and

(5) The number of exchanges confirmed by the exchange program during the year.

C. No developer shall have any liability with respect to any violation of these rules arising out of the publication by the developer of information provided to it by an exchange company pursuant to this section. No exchange company shall have any liability with respect to any violation of these rules arising out of the use by a developer of information relating to an exchange program other than that provided to the developer by the exchange company.

D. An exchange company may elect to deny exchange privileges to any purchaser whose use of the accommodations of the purchaser's timeshare plan is denied, and no exchange program or exchange company shall be liable to any of its members or any third parties on account of any such denial of exchange privileges.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.9 Rule 8.9

Escrows and Alternatives Assurances In order to protect the purchaser's right to refund during the rescission period and during any period in which construction of the timeshare property is not complete and available for occupancy by purchasers, the developer shall provide financial assurances as required by this section.

A. A developer of a timeshare plan shall deposit into an escrow account in an acceptable escrow depository all funds that are received in Mississippi during the purchaser's rescission period. An acceptable escrow depository includes banks, trust companies, saving and loans associations, real estate broker trust accounts at such an institution, title insurers, and underwritten title companies. The handling of these funds shall be in accordance with an executed escrow agreement between an escrow agreement between an escrow agent and the developer. Funds will be handled to assure the following:

(1) Funds may be disbursed to the developer by the escrow agent from the escrow account or from the broker trust account only after expiration of the purchaser's rescission period and in accordance with the purchase contract, subject to paragraph 2.

(2) If a prospective purchaser properly cancels the purchase contract following expiration of the cancellation period pursuant to its terms, the funds shall be paid

to the prospective purchaser or paid to the developer if the prospective purchaser's funds have been previously refunded by the developer.

B. If a developer contracts to sell a timeshare interest and the construction of the accommodation in which the timeshare interest being conveyed is located has not been completed, the developer, upon expiration of the rescission period, shall continue to maintain in an escrow account all funds received by or on behalf of the developer from the prospective purchaser under his or her purchase contract. The Commission shall determine the types of documentation which shall be required for evidence of completion, including, but not limited to, a certificate of occupancy, a certificate of substantial completion, or an inspection by the State Fire Marshal or designee or an equivalent public safety inspection by the appropriate agency in the applicable jurisdiction. Unless the developer submits an alternative financial assurance in accordance with paragraph 3., funds shall not be released from escrow until a certificate of occupancy, or its equivalent, has been obtained and the rescission period has passed, and the timeshare interest can be transferred free and clear of blanket encumbrances, including mechanics' liens. Funds to be released from escrow shall be released as follows:

(1) If a prospective purchaser properly cancels the purchase contract pursuant to its terms, the funds shall be paid to the prospective purchaser or paid to the developer if the developer has previously refunded the prospective purchaser's funds. (See "1 boo above)

(2) If a prospective purchaser defaults in the performance of the prospective purchaser's obligations under the purchase contract, the funds shall be paid to the developer.

(3) If the funds of a prospective purchaser have not been previously disbursed in accordance with the provisions of this paragraph 2., they may be disbursed to the developer by the escrow agent upon the issuance of acceptable evidence of completion of construction and closing.

C In lieu of the provisions in paragraphs 1 and 2, the Commission may accept from the developer a surety bond, escrow bond, irrevocable letter of credit, or other financial assurance or arrangement acceptable to the Commission. Any acceptable financial assurances shall be in an amount equal to or in excess of the lesser of

(1) the funds that would otherwise be place in escrow, or

(2) in an amount equal to the cost to complete the incomplete property in which the timeshare interest is located. However, in no event shall the amount be less that the amount of funds that would otherwise be placed in escrow pursuant to subparagraph a. of paragraph 1.

D. The developer shall provide escrow account or broker trust account information to the

Commission and shall execute in writing an authorization consenting to an audit or examination of the account by the Commission. The developer shall make documents related to the escrow or trust account or escrow obligation available to the Commission upon request. The escrow agent or broker shall maintain any disputed funds in the escrow account until either of the following occurs:

(1) Receipt of written direction agreed to by signature of all parties.

(2) Deposit of the funds with a court of competent jurisdiction in which a civil action regarding the funds has been filed

E. Excluding any encumbrance placed against the purchaser’s timeshare interest securing the purchaser's payment of purchase money financing for the purchase, the developer shall not be entitled to the release of any funds escrowed under this section J. with respect to each timeshare interest and any other property or rights to property appurtenant to the timeshare interest, including any amenities represented to the purchaser as being part of the timeshare plan, until the developer has provided satisfactory evidence to the Commission of one of the following:

(1) The timeshare Interest together with any other property or rights to property appurtenant to the timeshare interest, including any amenities represented to the purchaser as being part of the timeshare plan, are free and clear of any of the claims of the developer, any owner of the underlying fee, a mortgagee, judgment creditor, or other lien holder, or any other person having an interest in or lien or encumbrance against the timeshare interest or appurtenant property or property rights. (2) The developer, any owner of the underlying fee, a mortgagee, judgment creditor, or other lien holder, or any other person having an interest in or lien or encumbrance against the timeshare interest or appurtenant property or property rights, including any amenities represented to the purchaser as being part of the timeshare plan, has recorded a subordination and notice to creditors document in the appropriate public records of the jurisdiction in which the timeshare interest is located. The subordination document shall expressly and effectively provide that the interest holder's right, lien or encumbrance shall not adversely affect, and shall be subordinate to, the rights of the owners of the timeshare interests in the timeshare plan regardless of the date of purchase.

(3) The developer, any owner of the underlying fee, a mortgagee, judgment creditor, or other lien holder, or any other person having an interest in or lien or encumbrance against the timeshare interest or appurtenant property or property rights, including any amenities represented to the purchaser as being part of the timeshare plan, has transferred the subject accommodations, amenities, or all use rights in the amenities to a nonprofit organization or owners' association to be held for the use and benefit of the owners of the timeshare plan, which organization or owners association shall act as a fiduciary to the purchasers, and the developer has transferred control of the entity to the owners or does not

exercise its voting rights in the entity with respect to the subject accommodations or amenities: Prior to the transfer, any lien or other encumbrance against the accommodation or facility shall be made subject to a subordination and notice to creditors, instrument pursuant to subparagraph b. or be free and clear of all liens and encumbrances.

(4) Alternative arrangements have been made which are adequate to protect the rights of the purchasers of the timeshare interests and approved by the Commission.

F. Nothing in this section shall prevent a developer from accessing any escrow funds if the developer has complied with paragraph 3 of this section.

G. The developer shall notify the Commission of the extent to which an accommodation may become subject to a tax or other lien arising out of claims against other purchasers in the same timeshare plan.

H. Developers, sellers, escrow agents, brokers and their employees and agents have a fiduciary duty to purchasers with respect to funds required to be deposited under these rules. Any Mississippi broker or salesperson who fails to comply with rules concerning the establishment of an escrow or broker trust account, deposits of funds, and property into escrow or withdrawal there from, shall be in violation of the Mississippi Real Estate Brokers Act of 1954, as amended, and the Rules and Regulations of the Commission. The failure to establish an escrow or trust account or to place funds therein as required under these rules is prima facie evidence of an intentional and purposeful violation.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.10 Insurance

A. For single site timeshare plans and component sites of multi-site timeshare plans located in this state, the timeshare instrument shall require that the following insurance be at all times maintained in force to protect timeshare interest owners in the timeshare plan:

(1) Insurance against property damage as a result of fire and other hazards commonly insured against, covering all real and personal property comprising the timeshare plan in an amount not less than 80 percent of the full replacement value of the timeshare property.

(2) Liability insurance against death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance for the accommodations of the timeshare plan. The amounts of the insurance shall be determined by the association, but shall not be less than five hundred thousand dollars ($500,000) to One Million Dollars ($1,000,000) for personal injury and One Hundred Thousand Dollars ($100,000) for property damage.

B. In a timeshare use offering, the trustee, if one exists, shall be a named coinsured, and if

for any reason, title to the accommodation is not held in trust, the association shall be named as a coinsured as the agent for each of the timeshare interest owners.

C. In a timeshare estate offering, the association shall be named as a coinsured if it has title to the property or as a coinsured as agent for each of the timeshare interests owners if title is held by the owners as tenants in common.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.11 Advertising and Marketing:

A. No advertising shall:

(1) Misrepresent a fact or create a false or misleading impression regarding the timeshare plan.

(2) Make a prediction of increases in the price or value of timeshare periods.

(3) Contain any contradictory statements.

(4) Describe any improvements to the timeshare plan that will not be built or that are described as completed when not completed.

B. No promotional device, sweepstakes, lodging certificate, gift award, premium, discount, drawing, prize or display in connection with an offer to sell a timeshare interest may be utilized without the applicable disclosure as follows:

(1) That the promotional device is being used for the purposes of soliciting sales of timeshare periods;

(2) Of the name and address of each timeshare plan or business entity participating in the program;

(3) Of the date and year when all prizes are to be awarded;

(4) Of the method by which all prizes are to be awarded;

(5) If applicable, a statement that it is a national program with multiple sponsors and the gifts offered are not limited solely to customers of said development, but apply also to other developments.

C. The following are not considered to be advertising materials:

(1) Any stockholder communication, financial report, prospectus or other material required to be delivered to owners, prospective purchasers or other persons by an agency of any state or the federal government;

(2) Any communication addressed to and relating to the account of any person who has previously executed a contract for the purchase of a timeshare interest in a timeshare plan to which the communication relates;

(3) Any oral or written statement disseminated to the broadcast, print or other news media, other than paid advertising, regarding plans for the acquisition or development of timeshare property. However, any redistribution of such oral or written statements to a prospective purchaser in any manner would constitute an advertisement;

(4) Any publication or material relating to the promotion of accommodations for transient rental, so long as a mandatory tour of a timeshare plan or attendance at a mandatory sales presentation is not a term or condition of the availability of such accommodations, so long as the failure of the transient renter to take a tour of a timeshare plan or attend a sales presentation does not result in the transient renter receiving less than what was promised in such materials;

(5) Any audio, written or visual publication or material relating to an exchange company or exchange program providing to an existing member of that exchange company or exchange program.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.12 Management

A. Before the first sale of a timeshare period, the developer shall create or provide for a managing entity, which may be the developer, a separate management firm, or an owner's association, or some combination thereof.

B. The management entity shall act in the capacity of fiduciary to the purchasers of the timeshare plans.

C. The duties of the management entity shall include, but are not limited to:

(1) Management and maintenance of all accommodations constituting the timeshare plan.

(2) Preparing an itemized annual operating and reserve budget.

(3) The assessment and collection of funds for common expenses.

(4) The assessment and collection of property taxes and casualty insurance and liability insurance against the owners, for which managing entity shall he primarily liable.

(5) Maintenance of all books and records concerning the timeshare plan, and making

all of them reasonably available for inspection by any purchaser, or the authorized agent of such purchaser.

(6) Arranging for an annual independent audit to be conducted of all the books and financial records of the timeshare plan by a certified public accountant. A copy of the audit shall be forwarded to the officers of the owner's association; or, if no association exists, the owner of each timeshare period shall be notified in writing that such audit is available upon request.

(7) Scheduling occupancy of the timeshare units so that all purchasers will be provided the use and possession of the accommodations for which they have contracted.

(8) Notifying purchasers of common assessments and the identity of the managing entity.

(9) Performing any other functions and duties that are necessary and proper to maintain the accommodations and operate the owners association as provided in the contract or the timeshare instruments.

(10) Maintaining appropriate insurance as required by Rule 8.9 of these rules.

D. The managing entity shall not be required to provide a reserve budget for any timeshare plan or accommodation for which a timeshare instrument has been approved prior to adoption of these rules.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.13 Liens

A. The management entity has a lien on a timeshare period from the date an assessment becomes due.

B. The management entity may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed, and may bring an action to recover a money judgment for the unpaid assessments, or, when no interest in real property is conveyed, an action under the Uniform Commercial Code.

C. The lien is effective from the date of recording in the public records of the county or counties in which the accommodations are located, or as otherwise provided by the laws of the jurisdiction in which the accommodations are located.

D. A judgment in any action or suit brought under this section may include costs and reasonable attorney's fees for the prevailing party.

E. Labor or materials furnished to a unit shall not be the basis for the filing of a lien against

the timeshare unit of any timeshare interest owner not expressly consenting to or requesting the labor or materials.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 8.14 Owner Referrals

A. Referrals of prospective customers to the developer by any existing timeshare owner shall be permitted, without the owner holding a real estate license and compensation may be paid to the referring owner, only under the following circumstances:

(1) The existing timeshare owner refers no more than twenty (20) prospective customers in any twelve (12) month period; and

(2) The existing timeshare owner limits his or her activities to referring customers to the developer or the developer's employees or agents and does not show, discuss terms or conditions of purchase or otherwise participate in any negotiations with the purchase of a timeshare interest.

History

• Source: Miss. Code Ann. §§ 73-35-35

Chapter 9 Errors and Omissions Insurance Coverage

30 Miss. Admin. Code Pt. 1601, R. 9.1 Administration

A. Invitations to bid on the Errors and Omissions coverage shall be by advertisement published in the appropriate newspaper having state‐wide coverage.

B. Selection and approval of the Errors and Omissions Insurance carrier shall be by Commissioners utilizing consultants or committees as deemed appropriate by the Commission.

C. Upon approval of the carrier, invoices shall be sent via First Class Mail to all licensees; including companies and corporations; along with the necessary information describing the various available coverages, the period of coverage and the minimum requirements for independent coverage if desired by a licensee.

D. Coverage shall be a twelve month period beginning October 1, 1994, and continuing thereafter on twelve month basis.

E. Premiums shall be collected by the carrier or the Commission, at the Commission’s discretion.

F. The Commission may maintain computer or written records as required for accurate documentation and administration of this program.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 9.2 Licensee Status

A. Active licensees not submitting the required premium or providing the required proof of acceptable independent coverage within 30 days after the due date of the premium shall be placed automatically on inactive status at the end of the 30 day period.

B. Inactive licensees will not be required to pay the premium until changing to active status and the premium will be assessed on a pro rata basis. However, inactive licensees will be invoiced at the beginning of the policy period. They may pay the full premium at that time if they desire.

C. New licensees will be given notice when their license is issued to provide proof of coverage within 30 days of the issuance of license or pay the premium specified on a pro rata basis. Failure to do so will result in their license being changed to inactive status.

History

• Source: Miss. Code Ann. §§ 73-35-35

30 Miss. Admin. Code Pt. 1601, R. 9.3 Independent Coverage

A. Licensees having independent coverage shall submit proof of coverage by the beginning of the policy period as set forth above. Any deficiency in supplying proof of coverage must be corrected within no more than 30 days after the beginning of the policy period. Proof of coverage shall be by a “Certificate of Insurance” provided by the independent insurance carrier.

B. Minimum requirements of independent coverage shall be:

(1) Coverage must be for all activities for which a real estate license is required under this Chapter.

(2) A per claim limit is not less than $100,000.00.

(3) The deductible is not more than $2,500.00 per licensee, per claim, for any damages and the deductible is not more than $1,000.00 per licensee, per claim, for defense costs.

(4) The independent insurance carrier shall agree to a non‐cancelable policy or provide a letter of commitment to notify the Commission 30 days prior to intention to cancel.

History

• Source: Miss. Code Ann. §§ 73-35-35

Part 1602 Part 1602: Oral Proceedings and Declaratory Opinions

Chapter 1 Oral Proceedings

30 Miss. Admin. Code Pt. 1602, R. 1.1 Scope

These rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Mississippi Real Estate Commission.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.2 When Oral Proceedings will be scheduled on Proposed Rules

The Commission will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.3 Request Format

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Commission and signed by the requestor(s).

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.4 Notification of Oral Proceeding

The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.5 Presiding Officer

The Commission Administrator or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.6 Public Presentation and Participation

A. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

B. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Commission.

C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

D. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

E. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

F. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 1.7 Conduct of Oral Proceeding

A. Presiding Officer - The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall:

(1) call proceeding to order;

(2) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule;

(3) call on those individuals who have contacted the Commission about speaking on or against the proposed rule;

(4) allow for rebuttal statements following all participant’s comments; and

(5) adjourn the proceeding.

B. Questions. - The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

C. Physical and Documentary Submissions. - Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Commission and are subject to the Commission’s public records request procedure.

D. Recording. - The Commission may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

Chapter 2 Declaratory Opinions

30 Miss. Admin. Code Pt. 1602, R. 2.1 Scope

These rules set forth the Mississippi Real Estate Commission’s rules governing the form, content and filing of requests for declaratory opinions, and the Commissions’s procedures regarding the requests. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

Rule 2.2. Persons Who May Request Declaratory Opinions.

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Commission by following the specified procedures. A substantial interest in the subject matter means: an individual, business, group or other entity that is directly affected by the Commission’s administration of the laws within its primary jurisdiction. Primary jurisdiction of the agency means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).
• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.3 Subjects Which May Be Addressed in Declaratory Opinions

The Commission will issue declaratory opinions regarding the applicability to specified facts of:

A. a statute administered or enforced by the Commission or

B. a rule promulgated by the Commission.

The Commission will not issue a declaratory opinion a statute or rule which is outside the primary jurisdiction of the Commission.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.4 Circumstances In Which Declaratory Opinions Will Not Be Issued

The Commission may, for good cause, refuse to issue, a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A . Lack of clarity concerning the question presented;

B. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

C. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

D. The facts presented in the request are not sufficient to answer the question presented;

E. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

F. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

G. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule; H. The question presented by the request concerns the legal validity of a statute or rule;

I. The request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

J. No clear answer is determinable;

K. The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

L. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

M. The question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s Opinion;

N. A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law;

O. Where issuance of a declaratory opinion may adversely affect the interests of the State, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

P. The question involves eligibility for a license, permit, certificate or other approval by the Commission or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.5 Written Request Required

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.6 Where to Send Requests

All requests must be sent to the Commission Administrator, The Mississippi Real Estate Commission: (1) by mail at P.O. Box 12685, Jackson, MS 39236; or (2) delivered to 2506 Lakeland Drive, Suite 300, Flowood, MS 39232; or (3) sent via facsimile to (601 932-2990. All requests must be sent to the attention of Declaratory Opinion Request as follows: ATTN: DECLARATORY OPINION REQUEST

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.7 Name, Address, and Signature of Requestor

Each request must include the full name, telephone number and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.8 Question Presented

Each request shall contain the following:

A. A clear and concise statement of all facts on which the opinion is requested;

B. A citation to the statute or rule at issue;

C. The question(s) sought to be answered in the opinion, stated clearly;

D. A suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

E. The identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

F. A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.9 Time for Board Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing:

A. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

B. Decline to issue a declaratory opinion, stating the reasons for its action; or

C. Agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request. D. The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received the Board, whichever is sooner.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.10 Opinion Not Final for Sixty Days

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Commission may, in its

discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.11 Notice by Board to third parties

The Commission may give notice to any person, agency or entity that a declaratory opinion has been requested, and may receive and consider data, facts arguments and opinions from other persons, agencies or other entities other than the requestor.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.12 Public Availability of Requests and Declaratory Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Commission public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

30 Miss. Admin. Code Pt. 1602, R. 2.13 Effect of a Declaratory Opinion

The Commission will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Commission and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Commission shall be binding only on the Mississippi Real Estate Commission and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. § 25-43-2- 103 (Rev. 2010).

Part 1603 Part 1603: Board Organization

Chapter 1 Board Organization

30 Miss. Admin. Code Pt. 1603, R. 1.1 Members

The Mississippi Real Estate Commission consists of five (5) persons who are appointed by the Governor with the advice and consent of the Senate. Each appointee shall have been a resident and citizen of Mississippi for at least six (6) years prior to their appointment and shall have been a real estate broker for at least five (5) years. There shall be at least one (1) Commissioner from each Congressional District, as such Districts are constituted as of July 1, 2002, and one (1) additional Commissioner shall be appointed without regard to residence in any particular Congressional District. Any member of the Commission may be reappointed by the Governor. The Commission shall organize by selecting from its members a Chairman and may do all things necessary and convenient to promulgate rules and regulations.

History

• Source: Miss. Code Ann. § 73-35-5

STATE BOARD OF ARCHITECTURE STATE BOARD OF ARCHITECTURE

Part 201 Mississippi State Board of Architecture

Chapter 1 Examinations.

30 Miss. Admin. Code Pt. 201, R. 1.1 Applications for Examination

1.1.1 Applicants shall apply directly to the National Council of Architectural Registration Boards (NCARB) for admittance to the Architect Registration Examination (the ARE). To qualify for admittance, an applicant must: A. have acquired a professional degree in architecture from a school or college of architecture on the list of accredited schools issued by the National Architectural Accrediting Board (NAAB) or be a student actively participating in a NCARB- accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB- accredited professional degree program in architecture; and B. be either actively enrolled in the Architect Experience Program (AXP) in accordance with NCARB guidelines and regularly reporting experience through hours or have met the experience requirements of AXP as defined in Rule 1.2.

1.1.2 An examination candidate who has completed the ARE after having been admitted by another jurisdiction, but who has not applied for initial licensure in another jurisdiction, may

apply for Registration by Examination per the procedure outlined in Rule 2.1, with the additional requirement that any other jurisdiction which previously admitted the candidate to the ARE transfers a complete copy of the applicant’s record to the Board.

History

• Source: Miss. Code Ann. §§ 73-1-13 & 17

30 Miss. Admin. Code Pt. 201, R. 1.2 Architect Experience Program

The Architect Experience Program (AXP), which was formerly known as the Intern Development Program (IDP), is the intern-architect development program approved and required by the Board. AXP is administered by NCARB.

An applicant shall be deemed to have met or exceeded the work requirements of the Board if the applicant has: A. completed all requirements of AXP through the documentation of experience through hours; or B. completed the requirements of AXP through the submission of the AXP portfolio; or C. if the applicant can provide sufficient and satisfactory evidence that he is unable to obtain the intern-architect development program certification, the Board may accept in lieu thereof certification by the applicant that he has completed no less than three (3) continuous years of actual engagement in architectural work in the office or offices of a licensed architect or architects. Such certification shall be on such terms, conditions and requirements as the Board may establish.

History

• Source: Miss. Code Ann. §73-1-13(b)

30 Miss. Admin. Code Pt. 201, R. 1.3 Format

Through a test vendor, NCARB will administer the ARE to all candidates who have been approved in accordance with the training and education requirements pertaining to registration by examination. This examination will be administered in compliance with those methods and procedures recommended by NCARB and adopted by the Board.

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.4 Schedules

Upon admittance to the ARE, NCARB will provide an approved candidate with information on the procedure for scheduling a test session, the test content and instructions on taking the computer-based examination.

History

• Source: Miss. Code Ann. § 73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.5 Reporting

An approved candidate shall appear personally for exams at the scheduled date, time and place and in accordance with the test vendor’s requirements.

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.6 Grading

The ARE shall be graded in accordance with the methods and procedures recommended by NCARB. In order for an examination candidate to achieve registration, all sections of the examination must be passed within the prescribed timeframe and with the minimum score specified by NCARB.

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.7 Conditions A

The test vendor will monitor the computer sections of the ARE in strict compliance with the procedures approved by NCARB. B. If there is any alleged misbehavior on the part of an applicant in connection with taking the examination, the Board will investigate the allegation and take appropriate action. This behavior may include, without limitation, violation of NCARB’s guidelines or policies, or an applicant’s confidentiality agreements with respect to the examination.

History

• Source: Miss. Code Ann. § 73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.8 Re-Examination

A candidate is allowed unlimited retakes of the ARE.

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.9 Score Reporting and Reviews

Once the scores are released, the candidate shall receive an official Score Report from NCARB or the test vendor. A score of PASS must be achieved by examination candidates on all divisions of the ARE in order for that candidate to be considered for initial registration.

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.10 Fees

The examination fees for each division of the ARE will be paid to NCARB or the test vendor.

History

• Source: Miss. Code Ann. § 73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.11 Disabled Examinees

Requests for modifications to the examination administration to accommodate physical or other disabilities must be made in writing to the Board. Such a request must be accompanied by a physician's report and/or a report by a diagnostic specialist, along with supporting data, confirming to the Board's satisfaction, the nature and extent of the disability. After receipt of the request from the applicant, the Board may require that the applicant supply further information and/or that the applicant appear personally before the Board. It shall be the responsibility of the applicant to timely supply all further information as the Board may require. The Board, together with NCARB, shall determine what, if any, modifications will be made

History

• Source: Miss. Code Ann. §73-1-17

30 Miss. Admin. Code Pt. 201, R. 1.12 REPEALED

Effective 01/25/2020.

Chapter 2 Registration Requirements.

30 Miss. Admin. Code Pt. 201, R. 2.1 Registration by Examination

2.1.1 Applicants for initial registration by examination must: A. submit to the jurisdiction of the Board; and B. provide an official record from NCARB which documents that the applicant: 1. has acquired a professional degree in architecture from a school or college of architecture on the list of accredited schools issued by the National Architectural Accrediting Board (NAAB); and 2. met the experience requirements of AXP in accordance with Rule 1.2; and 3. passed all sections of the ARE in accordance with NCARB guidelines; and C. non-resident applicants shall pay the fee prescribed in Rule 2.4 (the application/registration fee is waived for applicants for registration by examination if the applicant is a resident of the State of Mississippi); and D. complete the Mississippi Application for Initial Licensure; and E. successfully pass the Mississippi Jurisprudence Examination; and F. meet the requirements of Miss. Code Ann. §73-1-13 and §73-1-17.

2.1.2 Upon the applicant’s filing of an application for registration, the application becomes the sole and exclusive property of the Board. No application for registration may be withdrawn except upon the express written consent of the Board which consent shall be in the sole and exclusive discretion of the Board. In no event shall an application be allowed to be withdrawn if the Board has determined or has reasonable cause to believe that an applicant has violated any of the provisions of Miss. Code Ann. §§ 73-1-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the Board.

Applications for licensure shall expire after a six (6) month interval during which there is no activity unless the Board is in the process of conducting an investigation into whether an applicant has violated any of the provisions of Miss. Code Ann. §§73-1-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the Board.

History

• Source: Miss. Code Ann. §73-1-13
• Source: Miss. Code Ann. §73-1-13

30 Miss. Admin. Code Pt. 201, R. 2.2 Reciprocal Registration

2.2.1 An individual with a current architectural license in another NCARB jurisdiction may apply for reciprocal registration in order to offer services or to practice architecture in this State.

Applicants for reciprocal registration must: A. submit to the jurisdiction of the Board; and

B. take and pass the Mississippi Jurisprudence Examination; and C. provide an official record from NCARB which documents that the applicant has: 1. an active NCARB certificate; and 2. a professional degree in architecture from a school or college of architecture on the list of accredited schools issued by the National Architectural Accrediting Board (NAAB), unless the applicant is exempted from the degree requirement in accordance with Miss. Code Ann. §73-1-21 which provides that an individual who does not have a NAAB accredited degree, but who was licensed by another jurisdiction, or who was a qualified examination candidate in another jurisdiction prior to January 1, 1987, shall be exempted from the degree requirement (being a qualified examination candidate in another jurisdiction requires that the applicant must have completed the application process for the ARE and been approved by another NCARB jurisdiction to take the ARE); and 3. completed AXP in accordance with NCARB guidelines and as expressed in Rule 1.2, or if the individual can provide sufficient and satisfactory evidence that the individual is unable to obtain certification that the applicant has completed AXP, the Board may accept in lieu thereof certification by NCARB that the applicant has met the AXP experience requirements through alternative means that are determined to be equivalent to AXP by NCARB, with the additional requirement that the applicant has completed no less than three (3) continuous years of actual engagement in architectural work in the office or offices of a licensed architect or architects as required per Miss. Code Ann. §73-1-13; and 4. passed all sections of the ARE in accordance with NCARB guidelines; and D. pay the reciprocal application fee prescribed in Rule 2.4; and E. complete the required application; and F. meet the requirements of Miss. Code Ann. §73-1-13 and §73-1-21.

2.2.2 Upon filing of an application for reciprocal registration, the application becomes the sole and exclusive property of the Board. No application for reciprocal registration may be withdrawn except upon the express written consent of the Board which consent shall be in the sole and exclusive discretion of the Board. In no event shall an application be allowed to be withdrawn if the Board has determined or has reasonable cause to believe that an applicant has violated any of the provisions of Miss. Code Ann. §§ 73-1-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the Board. Personal appearances before the Board, if requested, shall be at a time and place designated by the Board. Failure to comply within ninety (90) days from the date of written request for additional evidence or information, or to appear before the Board when such appearance is requested, may be considered just and sufficient cause for denial of the application.

2.2.3 Each applicant for reciprocal registration must submit, as a part of the application, a sworn affidavit stating non-practice and non-solicitation of architectural business in this State until registration or licensing is approved by the Board. Failure to submit this affidavit will be considered just cause for denial of the application.

2.2.4 Applications for licensure shall expire after a six (6) month interval during which there is no activity unless the Board is in the process of conducting an investigation into whether an

applicant has violated any of the provisions of Miss. Code Ann. §§ 73-1-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the Board.

History

• Source: Miss. Code Ann. §73-1-21

30 Miss. Admin. Code Pt. 201, R. 2.3 Renewal and Reinstatement

2.3.1 Certificates of registration shall be renewed on or before November 30, in odd numbered years. A renewal form will be mailed to each registered architect who holds a current license in good standing. Those licenses not renewed prior to the November 30 deadline may be late renewed within two years after the license expiration date by paying the monthly late penalty prescribed in Rule 2.4, in addition to the biennial renewal fee.

2.3.2 Licenses not renewed prior to the end of the two-year penalty period shall not be subject to renewal, but may be reinstated. Any consideration for reinstatement of the expired license after the two-year penalty period would be at the discretion of the Board and requires the following: A. submission of a reinstatement application and payment of the reinstatement fee prescribed in Rule 2.4; and B. submission of additional information to properly evaluate the applicant's current qualification for reinstatement, including a complete resume’ of the applicant's professional activity since the expiration of the applicant’s license; and C. certification that the applicant has complied with the mandatory continuing education requirements outlined in Chapter 6, having earned twelve (12) CEH’s per calendar year in the two (2) calendar year’s preceding the application for reinstatement. As an alternative to receiving twelve (12) CEH’s per calendar year, the Board will accept twenty-four (24) CEH’s in the two (2) years immediately preceding the application for reinstatement, provided that such CEH’s are otherwise in compliance with Chapter 6.

Neither the failure of the Board to send nor the failure of the registrant to receive a renewal form shall excuse failure to renew a license. Unless the license is renewed on or before November 30, of odd numbered years, continued practice after such date shall constitute unlawful practice and is grounds for discipline.

History

• Source: Miss. Code Ann. §73-1-27

30 Miss. Admin. Code Pt. 201, R. 2.4 Fee Schedule

Fees are non-refundable except in the case of an error resulting in an incorrect charge or duplicate charges.

History

• Source: Miss. Code Ann. §§ 73-1-13, 17 & 27

30 Miss. Admin. Code Pt. 201, R. 2.5 Rule 2.5

Emeritus Status Architects who have been registered in this state for ten (10) consecutive years who are retired from active practice or other related professional activities may request "Emeritus Status" by filing an application showing compliance with the requirements of this section if they are either sixty-five (65) years of age or older OR if they can provide, to the Board’s satisfaction, documentation that they are physically or mentally unable to participate in active practice. "Retired" means that the architect no longer practices architecture in Mississippi in that the architect no longer stamps and certifies documents or practices architecture as defined in Miss. Code Ann. §73-1-3(c). If all of the requirements of this section have been met, all continuing education requirements, fees and penalties, if applicable, for biennial renewal shall be waived by the Board.

Any reference to an architect on 'Emeritus Status' on any letter, title, sign, card or device shall list such architect as "Emeritus Architect" or “Architect Emeritus”.

In order to return to active status, an Emeritus Status architect must follow the procedures and meet the requirements for reinstatement.

History

• Source: Miss. Code Ann. §73-1-13

30 Miss. Admin. Code Pt. 201, R. 2.6 Intern Architect Status

An individual may choose to use the title “Intern Architect” in conjunction with employment in an architectural firm while the individual is completing AXP if the individual: RESIDENTS Application/Registration $275.00 Reinstatement Fee $600.00 Biennial Renewal Fee $275.00

NON-RESIDENTS Application/Registration $450.00 Reinstatement Fee $600.00 Biennial Renewal Fee $350.00

OTHER FEES Late Renewal Penalty (per month or fraction of month) $5.00 Manual Renewal Application Processing $25.00 Electronic Download of Roster $50.00 Duplicate Certificate $10.00 Non-Sufficient Funds Check $50.00 File Transfer Fee $25.00 Photo Copies (per single sided page) $.25 Laser Printed Pages (per single page) $.25

A. has been awarded a NAAB accredited professional degree in architecture; and B. is actively enrolled in AXP; and C. is working under the direct supervision of a registered architect.

History

• Source: Miss. Code Ann. §73-1-19

30 Miss. Admin. Code Pt. 201, R. 2.7 Restrictions on Solicitation of Work Prior to Licensure

An individual not licensed in Mississippi or an individual on inactive status with the Board who is seeking an architectural commission in Mississippi, including a commission awarded through a design competition, may offer or propose architectural services only if all the following conditions are met: A. the individual holds a current architectural license in good standing issued by an NCARB jurisdiction; and B. the individual holds an active NCARB certificate; and C. the individual has reviewed Rule 2.1.1 which provides the requirements for reciprocal registration, and believes to the best of the individual’s knowledge, that the individual can and will provide documentation that the individual has met these requirements; and D. the individual is not currently under investigation by a registration board or licensing authority; and E. the individual has no prior professional license revocations or suspensions in any jurisdiction (other than as a result of non-renewal); and F. prior to engaging in any activity that could result in an architectural commission or contract, the individual must complete and submit the Board’s Solicitation Prior to Licensure Notification form; and G. the individual must provide a copy of the Solicitation Prior to Licensure Notification form to every potential client to whom the individual offers or proposes to render services, either prior to or during the proposal or offer; and H. the individual shall apply for a Mississippi license, license renewal or license reinstatement within 10 working days of notification to the client and Board; and I. the individual consents to the jurisdiction of the Board.

Only through this process may an individual perform the above architectural services prior to licensure. The individual shall be prohibited from rendering additional architectural services beyond the offer or proposal until the individual has an active license.

History

• Source: Miss. Code Ann. §§73-1-13 & 21

30 Miss. Admin. Code Pt. 201, R. 2.8 Licensure on Federal Projects

The term “employee of the United States” as contained in Miss. Code Ann. §73-1-39 (a) means a federal employee as defined in 5 United States Code Service (U.S.C.S.) Section 2101. Otherwise, an individual engaged to provide architectural services on a federal project or on federal lands in Mississippi must be licensed in Mississippi in order to provide such services, unless the project is otherwise exempted per Miss. Code Ann. §73-1-39.

History

• Source: Miss. Code Ann. §§73-1-1 & 39(a); and Federal Acquisition Regulations, Sub-

30 Miss. Admin. Code Pt. 201, R. 2.9 Licensure of Members of the Military and Spouses and Dependents of Members of the Military

A. Notwithstanding any other provision of law or the Rules and Regulations of the Board, the Board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, if, upon application to the Board, the applicant satisfies the following conditions: 1. The applicant has been awarded a military occupational specialty in architecture, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty; or 2. The applicant holds a current and valid license to practice architecture in another state and has held this license from the occupational licensing board in the other state for at least one (1) year; and 3. 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 architecture in Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the Board under Mississippi law; and 4. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's architectural work in another state; and 5. 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 Board 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 Board; and 6. The applicant pays all applicable fees in Mississippi.

B. Notwithstanding any other law or the Rules and Regulations of the Board, the Board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, upon application based on work experience in another state, if all the following apply: 1. The applicant worked in a state that does not use a license, certificate, or registration to regulate architecture; and 2. The applicant worked for at least three (3) years in the practice of architecture; and 3. The applicant satisfies the provisions of paragraphs (3) through (6) of subsection (A) of this rule.

C. To demonstrate the above requirements, applicants shall furnish the following documents to the Board:

1. Applicants awarded a military occupational specialty in architecture shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. an official NCARB Certificate and Record or official military documents describing the content, nature, and requirements of the military training program in architecture and evidence of the applicant completing and passing such program; and c. a sworn statement or statements by superior officers of the applicant attesting that the applicant has satisfactorily engaged in the active practice of architecture in the military; and d. a description of architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and e. official military documents showing that the applicant received an honorable discharge from the military (if applicable); and f. other documentation which may be requested by the Board. 2. Applicants holding a current and valid license in another state shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. an official NCARB Certificate and Record, or an official record from the state of licensure, describing the applicant’s qualifications and verifying completion of the state’s education, experience, and examination requirements; and c. an official NCARB Certificate and Record, or an official record from the state of licensure, verifying that the applicant has held this license from the occupational licensing board in the other state for at least one (1) year and holds the applicant in good standing; and d. other documentation which may be requested by the Board. 3. Applicants applying based on work experience in another state that does not use a license, certificate, or registration to regulate architecture shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. sworn statements attesting that the applicant has satisfactorily engaged in the active practice of architecture for at least three (3) years preceding the date of the application; and c. a description of architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and d. other documentation which may be requested by the Board.

D. The Board shall issue or deny the license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, within one hundred twenty (120) days after receiving an application. If the application requires longer than two (2) weeks to process, the Board shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit,

under penalty of perjury, affirming that he or she satisfies the provisions of this rule. The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued. A temporary practice permit will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to take and pass the Mississippi Jurisprudence Examination required by Rule 2.2.

History

• Source: Miss. Code Ann. §§73-1-21 and 73-50-1

Chapter 3 General Rules

30 Miss. Admin. Code Pt. 201, R. 3.1 Records of the Board

All records of the Board which deal with applications, examinations, ongoing investigations, personnel files and NCARB Certificates shall be kept confidential in view of the sensitive nature of the material contained therein.

Public records shall be made available, pursuant to the Mississippi Public Records Act, by written request with the Board responding to requests within fourteen (14) working days. Appropriate administrative costs in relation to the processing of such requests will apply and will be due from the requesting party prior to delivery of any public records.

Email addresses of registrants are not shared as public information. This is in conformance with opinions issued by the Mississippi Attorney General which opine that certain personal information is the type of information that should not be made public through responses to public records requests. (See MS AG Opinions Turner (March 27, 2015); (Neyman (January 31, 2014); Smith (July 2, 1984); and Stanton (November 7, 2014).)

History

• Source: Miss. Code Ann. §25-61-1

30 Miss. Admin. Code Pt. 201, R. 3.2 Practice Procedures

3.2.1 An architect can practice as a sole proprietor, or through a partnership, a professional corporation or a professional association pursuant to Miss. Code Ann. 79-10-1, et seq., as amended, or through a professional limited liability company pursuant to Miss. Code Ann. 79-29- 901, et seq., as amended, subject to the following conditions: A. as to a partnership, at least one active partner must hold a certificate to practice architecture in Mississippi and each active partner shall hold a certificate to practice architecture or engineering in that partner’s state of residence. B. as to a professional corporation (“PC”) or a professional association (“PA”), each must meet the following conditions: 1. at least one active stockholder must hold a certificate to practice architecture in Mississippi; and 2. each stockholder, director and officer shall hold a certificate to practice architecture or engineering in that person’s state of residence; and 3. no person shall be entitled to be a stockholder, officer or director of a PC or a PA offering architectural services in this state other than licensed architects and engineers. C. as to a professional limited liability corporation (“PLLC”), each must meet the following

conditions: 1. at least one owner of a membership interest in the PLLC shall hold a certificate to practice architecture in Mississippi; and 2. each owner of a membership interest and any managers of the PLLC shall hold a certificate to practice architecture or engineering in that person’s state of residence; and 3. no person shall be entitled to hold a membership interest in or be a manager of “PLLC” offering architectural services in this state other than licensed architects and engineers.

It is a specific purpose of this rule to restrict or condition the issuance of shares of a professional corporation and the issuance of membership interests in a professional limited liability company which is to advertise or otherwise hold itself out to be an architect or to be authorized to practice architecture to only licensed architects or engineers.

3.2.2 All stationery, printed matter, title blocks, and listings of an architectural firm or business, including a sole proprietorship, shall contain the name of at least one (1) person who is registered as an architect in this state, and any firm or business name listed on such documents shall be the firm or business name(s) provided in conjunction with the architect’s registration with the Board. No person shall be named on any card, stationery, title block, printed matter or listing of such a firm (partnership, professional corporation, professional association, or professional limited liability company) used in this state unless there is designated thereon whether or not such person is licensed in this state. Employees of a firm that are not registered as an architect or engineer in any jurisdiction are allowed to use business cards for that firm, provided that the job title of the individual is clearly stated and said title does not lead the public to believe the employee is a licensed architect in this state.

3.2.3 Registered architects are allowed to practice under or through a firm or business entity in compliance with Miss. Code Ann. §73-1-19 and all applicable rules. Allowable firm or business names are names which: A. contain the name of at least one individual who holds an active Mississippi license; or B. contain no person’s name, provided however, that the name of at least one individual licensed in Mississippi is disclosed on any announcement, stationery, printed matter, contract, title block or listing; or C. contain the name or names of individuals who were once licensed architects (in any jurisdiction) but are now retired or deceased, provided however, that the name of at least one person licensed in Mississippi is disclosed on any announcement, stationery, printed matter, contract, title block or listing.

Firm and business names are considered improper if they contain the name or names of individuals actively licensed in another jurisdiction if none of the individuals named in the firm name are actively licensed in Mississippi.

EXAMPLES (Provided as guidelines only. This is not an exhaustive or complete listing of scenarios.):

3.2.4 For the purpose of properly identifying drawings, specifications, and contract documents, each architect shall obtain a stamp of a design approved by the Board to be used as the stamp required by Miss. Code Ann. §73-1-35. The manual, electronic, or digital signature of the architect and date of execution shall appear over the stamp on all documents prepared by the architect or under the architect’s responsible control for use in the State of Mississippi.

3.2.5 A. “Prototypical Documents” consist of drawings or specifications not intended as final and complete construction documents for a building project, but rather as a sample or model to provide general guidance for a building or buildings to be constructed in more than one location, with substantially few design changes or additions, except those required to adapt to each particular site. Prototypical Documents may or may not be premised upon laws, rules and regulations, or adopted building code of a particular state, county, or municipality, but shall be adaptable to the regulations or codes of each applicable construction location. Prototypical Documents are generally not designated for a specific climate, weather, topography, soil, or other site-specific conditions or requirements, but are intended to be adapted to those and other site-specific conditions. Prototypical Documents may or may not originate from a registered design professional (architect or engineer). B. Nothing in these rules precludes the use of Prototypical Documents for a Mississippi project, ALLOWED Smith and Jones Architecture (provided Smith and/or Jones are licensed architects and one or both is licensed as an architect in Mississippi)

Williams and James Architecture John Doe, Architect (only if both Williams and James are retired or deceased)

Architecture Unlimited John Doe, Architect

Doe and Smith, Architects and Engineers John Doe, Architect (when Doe is licensed as an architect in Mississippi and there are multiple architects in the firm)

ABC Architects and Engineers John Doe, Architect (when Doe is licensed as an architect in Mississippi and there are multiple architects in the firm) NOT ALLOWED Smith and Jones Architecture (when Smith and/or Jones are actively licensed in another jurisdiction, but neither is licensed in Mississippi)

Williams and James Architecture (where Williams and/or James are actively licensed in another jurisdiction, but neither is licensed in Mississippi)

Architecture Unlimited (when the name of the architect licensed in Mississippi is not also provided)

Doe and Smith, Architects and Engineers (the Mississippi architect must be identified)

ABC Architects and Engineers (when the name of the architect license in Mississippi is not also provided)

provided the architect: 1. obtains written permission from the design professional who prepared or sealed the Prototypical Documents, or from the legal owner of the Prototypical Documents, to use, revise, amend and otherwise adapt the Prototypical Documents; and 2. thoroughly reviews the Prototypical Documents, makes necessary revisions, and adds all required elements and design information (including the design services of engineering consultants if warranted), so that the Prototypical Documents become suitable construction documents, in full compliance with applicable codes, regulations, and site-specific requirements; and 3. independently performs, and maintains on file, necessary calculations to verify the public health and safety suitability of all elements or features portrayed by the original Prototypical Documents; and 4. after reviewing, analyzing, calculating and making revisions and additions, re-draws and issues the documents with the architect’s title block and Mississippi seal (or the seals of engineering consultants as applicable), maintaining responsible control, as defined in Rule 4.5.2, over the use of the final adapted documents as if they were the architect’s original design, assuming full responsibility as the architect of record.

C. An architect may produce prototypical plans for use by others. However, such documents must be clearly marked as “Prototypical Design Documents - Not for Construction.”

3.2.6 A licensed architect can combine with a duly licensed general contractor or a professional engineer in order to participate in a “Design/Build” undertaking whereby the architect prepares plans and specifications through individual or collective agreements with the owner or contractor in order to meet the owner’s requirements for unified control in the design and construction services rendered under the following conditions: A. that nothing herein shall be construed so as to allow the offering or other performance of any architectural services by anyone who is not duly licensed as an architect in this state; and B. that full disclosure is made in writing to the owner as to the duties and responsibilities of each of the participating parties in such agreements; and C. the architect shall not furnish any services in such a manner as to enable a contractor, owner or others to perform architectural services or to evade the public health and safety requirements; and D. the architect shall not be an employee of a licensed contractor or a person not licensed to practice architecture or engineering in Mississippi and must have a separate contract for architectural services either with the contractor or the owner; and the architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the architect as defined in Rule 4.5.2; and E. nothing in this rule shall prevent the administration of construction contracts by a licensed contractor or architect.

Commentary - An architect must always maintain responsible control over the design of a project to ensure all applicable federal, state and local building laws and codes are

incorporated into the design and construction of a project. In order to comply with the responsible control requirements, the architect must be able to act independently and not be subject to the control of others. Where the architect is the employee of a contractor, the potential exists for the contractor to exert financial pressure on the architect to forgo compliance with certain building code requirements in order to provide a financial benefit to the contractor to the exclusion of the health, safety and welfare of the individuals occupying the built environment.

3.2.7 In a design/build undertaking where the general contracting firm is owned by the architect of record, the general contracting firm and the architectural firm must be two distinct and separate entities and there must be separate contracts for both the construction and architectural services. If the architect of record is also an owner in the contracting firm for the project, the architect should advise the owner of the potential conflict of interest so that the owner can have the opportunity to employ a third party to provide construction administration.

3.2.8 A non-resident architectural firm, with no members registered in this state, may form a joint venture or association with a resident architectural firm if: A. the non-resident firm complies with Miss. Code Ann. §73-1-19; and B. the firm agrees to consent to the jurisdiction of the Board; and C. the construction documents and specifications are prepared under the responsible control of the architect licensed in Mississippi; and D. one member of the non-resident architectural firm holds a valid NCARB Certificate; and E. one member of the non-resident architectural firm shall apply for licensure in Mississippi within ten (10) days of the date of formation of the joint venture or association.

3.2.8.1 A non-resident architect, not registered in this state but registered in another state, may serve as a consultant to an architect registered in this state if: A. the non-resident architect holds a valid NCARB Certificate; and B. all construction documents and specifications are prepared under the responsible control of the architect licensed in Mississippi and are signed and sealed by the architect licensed in Mississippi; and C. the non-resident architect shall not use the title "architect," or any prefix, suffix or other form thereof, or any title, sign, card or device to indicate that such person is practicing architecture, or is an architect, in this state, unless it is stated thereon that such architect is participating as a consultant; and D. the non-resident architect consents to the jurisdiction of the courts of this state.

3.2.9 All architects holding ownership or supervisory positions in an architectural firm or other entity through which architectural services are offered or rendered shall be responsible for the conduct of all non-registered employees (and non-registered associates and contracted persons) under the control of the firm regarding acts, representations and services of the non-registrants, related to the practice of architecture and while acting for, or on behalf of, the firm, if said conduct constitutes a violation of Miss. Code Ann. §73-1-1 or the Professional Code of Conduct. Such architects shall maintain responsible control of all representations made by, or in reference

to, unlicensed individuals employed by the firm in order to ensure that the unlicensed individuals are not presented in a manner that may lead the public to assume they are licensed. Commentary - It is common practice for architects to provide professional services in the setting of a firm consisting of other architects, other design professionals, and non-registered individuals such as draftspersons, marketers, clerical staff, construction administrators, intern architects, licensure candidates and others. The Board recognizes that many such non-registered individuals perform many acts and services for the firm that constitute or support the practice of architecture, such as marketing, design, detailing, specification writing, client contact, and contract administration. In the interest of protecting the health, safety and welfare of the public, it is incumbent upon the registered professionals to maintain responsible control of the firm and its staff persons regarding their acts, duties and work product relating to the practice of architecture. The Board has long held that "responsible control" (previously "direct supervision") of the preparation of drawings and specifications was required in order for the architect to place the architect’s seal thereon. This rule clarifies that "responsible control" of other activities of the practice is required as well, such as firm marketing and representation of qualifications, pre-design activities, etc. The architect is not expected to be responsible for conduct or acts committed by non-registrants under the architect’s employ or control when said conduct is related to activities or services performed outside of the firm (e.g. "moonlighting" by a draftsperson).

3.2.10 Architects shall seek employment as follows: A. with respect to public projects, various public procurement statutes and regulations, including Miss. Code Ann. §31-7-13.2, require the use of a qualifications-based selection procedure for certain projects. In cases where qualifications-based selection is required, public entities must publicly announce requirements for architectural services and procure these services on the basis of demonstrated competence and qualifications, negotiating contracts at fair and reasonable prices after the most qualified firm has been selected. B. with respect to private projects, architects are encouraged to seek professional employment on the basis of qualifications and competence for proper accomplishment of the work. This procedure restricts the architect from submitting a price for services until the prospective client has selected, on the basis of qualifications and competence, one architect or firm for negotiations. However, competitive price proposals may be submitted or solicited for professional services if and when all of the following guidelines are met: 1. the prospective client has first sought statements of qualifications from interested licensees; and 2. those licensees chosen by the client on the basis of qualifications and competence for proper accomplishment of the work have received in writing a comprehensive and specific Scope of Work; and 3. assurances have been given by the prospective client that factors in addition to price will be considered in selecting the architect.

Commentary – The Board encourages the use of qualifications-based selection for all projects, as the Board believes it is the method of procurement of professional design services that is in the best interest of protection of the public’s life, health and property.

3.2.11 No person may use the title “architect” or any form thereof without having have secured a license from the Board, except as provided in rule 2.6 as pertains to an intern architect. In architectural practice, the person or persons licensed as architect(s) in Mississippi shall maintain responsible control of all work performed in Mississippi. This shall include, but is not limited to, signing contracts, sealing documents, and all services as described in Miss. Code Ann. §73-1-3.

3.2.12 No professional corporation, professional association, professional limited liability company, nor any partnership shall be entitled to a license to practice architecture in this state. Licensure is issued to individuals only. In conjunction with Mississippi licensure and renewal of licensure, applicants and architects must provide information as to any and all business entities through which the architect may be practicing architecture in Mississippi.

3.2.13 No architect shall practice through a firm if the name of the firm is misleading as to the number of registrants or the licensure status of those individuals named in the firm. For example, a firm with one person licensed as an architect cannot use a name which includes the word “Architects”. For purposes of determining plurality and the use of the word architects in a firm name, one should consider the number of individuals licensed as architects in Mississippi or in jurisdictions recognized by the Board.

EXAMPLES (Provided as guidelines only. This is not an exhaustive or complete listing of scenarios.):

3.2.14 In Mississippi, a “Registered Design Professional” is defined as an architect, an engineer, or a landscape architect who is registered or licensed to practice in the State of Mississippi, provided that the individual is practicing in compliance with the registration laws.

3.2.15 As to interior architecture, the practice of architecture is defined at Miss. Code Ann. §73- Not Allowed: John Doe Architects This is an improper firm name in a case where John Doe is the only individual in the firm licensed as an architect.

Allowed: Smith, Jones and Doe, Architect and Engineers John Doe, Architect This is a proper name in a case where Doe is the only individual in the firm licensed as an architect.

ABC Architects John Doe, Architect This is a proper use of a trade name if there are at least two (2) individuals in the firm who are licensed as architects, and if the name of at least one architect licensed in Mississippi is disclosed in conformance with 3.2.3.

1-3(c). This statute provides that a person is engaging in the practice of architecture if that person is held out as able to perform any professional service such as planning, design, including aesthetic and structural designs, and consultation in connection therewith, or responsible inspection of construction, in connection with any non-exempt buildings, structures, or projects, or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, functional planning, and the physical sciences.

As planning and design, including aesthetic and structural designs, encompass the entire structure, both interior and exterior, the Board holds that engaging in only partial aspects of the definition of architecture remains the practice of architecture and may be performed only by one who is licensed as an architect in conformance with Miss. Code Ann. §§73-1-1 et seq. Thus, the practice of interior architecture in buildings is the practice of architecture. Accordingly, individuals who engage in the practice of planning and designing any life safety elements of the interior of any non-exempt buildings, including any aesthetic element, shall be considered practicing architecture.

3.2.16 In regard to construction administration, if, under Mississippi law, an architect must prepare, or supervise and control the preparation of the contract documents for a new building or the alteration of or an addition to an existing building, construction administration services of an architect on the architectural aspects of the project are deemed necessary to protect the life, health and property of the public. In such event, construction administration for the project shall be conducted by an architect or by a person working under the responsible control of an architect. Construction administration as defined herein constitutes the practice of architecture as defined by the Board. A. For purposes of this rule, “construction administration” means the administration of the portion of the construction contract described and documented in the contract documents, including, but not necessarily limited to, the following services: 1. visiting the construction site at intervals appropriate to the contractor’s operations to determine that the work is proceeding generally in accordance with the technical submissions submitted to the owner and/or the building official at the time the building permit was issued; and 2. processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents; and 3. notifying an owner and any building official of any code violations; changes that affect code compliance; the use of any materials, assemblies, components, or equipment prohibited by a code; major or substantial changes between such technical submissions and the work in progress; or any deviation from the technical submissions that the architect identifies as constituting a hazard to the public, which the architect observes in the course of performing the architect’s duties. B. On a project where the architect of record has not been engaged, or is no longer engaged, to perform construction administration services, as defined above, the architect of record shall report in writing to each of the following parties that the architect has not been

engaged or is no longer engaged to perform construction administration services, or is not providing construction administration services as defined above: 1. the building official; 2. the Board; 3. the owner; 4. the client; and 5. the contractor.

Commentary - In order to assure a project that is required by law to be designed by an architect is constructed in accordance with the plans and specifications, the architect of record should provide construction administration services as part of the protection of the life, health and property of the individuals using the built environment. Where the architect of record was not originally contracted or is no longer engaged to perform construction administration as defined above, or is providing only limited construction administration services, the architect is required to give the notice outlined above to assure that all parties to the construction project are aware that construction administration is not being performed by the architect of record or is limited in scope. This specifically provides a building official with notice so that the building official may compel the owner to provide someone to perform those services if the building official so chooses.

3.2.17 In circumstances where a Mississippi registered architect or registered design professional can no longer provide services on a project due to death, retirement, incapacity, or disability, or mutual agreement to terminate a contract for architectural services, a successor architect, who is a registered Mississippi architect, may undertake to complete the architectural services including any necessary and appropriate changes provided: A. a legal transfer of the contractual work has occurred; and B. all references to the original architect (title block, seals, signatures, etc.) must be removed from all documents; and C. the successor architect accepts responsible control for the project; and D. the successor architect complies with all applicable statutes, rules and regulations of the State of Mississippi, including but not limited to the provisions of Miss. Code Ann. §73-1-19; and E. the successor architect notifies the Board, in writing, of any projects he is undertaking under the provisions of this rule.

3.2.18 In the case where an architect is awarded the design contract for a public or private project which will be competitively bid, neither the architect, nor any entity owned in whole or part by the architect, may bid for the construction of the project.

Commentary: The Board is of the opinion that such a situation creates a conflict of interest for the architect in that the architect is the designer and the contractor for the project, thus removing the checks and balances which assure that the project is constructed in accordance with the plans and specifications.

3.2.19 An architect, if properly qualified by training, education and experience, may perform construction management services without obtaining any additional license or certification, provided that the architect does not perform any construction work on the project being managed.

3.2.20 The following determines whether a project meets one of the exemptions provided in Miss. Code Ann. §73-1-39: A. pursuant to the exemptions established by Miss. Code Ann. §73-1-39 (h) for buildings other than farm buildings and one-family and two-family residences and domestic outbuildings, one must consider the overall building size in determining the application of the exemption, and not merely the size of the space within the building being erected, enlarged or altered. A project is not exempt if: 1. the overall building is 5,000 square feet or greater; and/or 2. the space to be erected, enlarged or altered is within a building that is 5,000 square feet or greater; and/or 3. a building that is less than 5,000 square feet prior to an alteration or enlargement will measure 5,000 square feet or more after the proposed addition or enlargement; and/or 4. the building is more than two (2) stories in height, regardless of size; and/or 5. a two (2) story building will exceed two (2) stories after the proposed alteration or enlargement. B. pursuant to the exemptions established by Miss. Code Ann. §73-1-39 (b) which applies only to publicly-owned projects, one must consider the overall building size in determining the application of the exemption, and not merely the size of the space within the building being erected. A project is not exempt if: 1. the overall building is 10,000 square feet or greater; and/or 2. the space to be erected, enlarged or altered is within a building that is 10,000 square feet or greater; and/or 3. a building that is less than 10,000 square feet prior to an alteration or enlargement will measure 10,000 square feet or more after the proposed addition or enlargement; and/or 4. the building is more than two (2) stories in height, regardless of size; and/or 5. a two (2) story building will exceed two (2) stories after the proposed alteration or enlargement. C. A building, as defined by the Board, includes the total gross floor area, both heated and/or unheated, within the surrounding exterior walls. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above. D. Pursuant to Miss. Code Ann. §73-13-45, public works involving the practice of architecture or engineering in which the expenditure exceeds one hundred thousand dollars ($100,000), and construction of public buildings using political subdivision work forces which involve the practice of architecture or engineering and in which the expenditure exceeds one hundred fifty thousand dollars ($150,000), require the services of a registered architect or professional engineer.

History

• Source: Miss. Code Ann. §§ 73-1-1, 3, 13, 19, 29, & 35; 73-2-3; 73-13-45.
• Source: Miss. Code Ann. §§ 73-1-1, 3, 13, 19, 29, & 35; 73-2-3; 73-13-45.

30 Miss. Admin. Code Pt. 201, R. 3.3 Rule 3.3

History

• Source: Miss. Code Ann.§73-1-29(2)

30 Miss. Admin. Code Pt. 201, R. 3.4 Seal of Registrant

Upon official notification of registration, the architect shall secure an official seal or rubber stamp for use in this state. Seals are to be circular in form and 1 ½ inches in diameter. A copy of the design is shown, and shall contain the following information:

Name, registration number, and the words "Registered Architect State of Mississippi”.

A sample of the seal impression or rubber stamp imprint shall be furnished to the Board within sixty (60) days of the date shown on the Official Notice of Registration letter. The architect’s license shall not be considered active, thus practice will not be allowed, until the Board or its designee has received and approved the architect’s seal. Failure to provide proof of seal shall result in disciplinary action by the Board.

Architects may continue to use seals obtained prior to the adoption of this rule, which are in conformance with prior Board rules. All seals obtained subsequent to the adoption of this rule shall strictly conform to the requirements herein set forth.

It is the responsibility of the registrant to comply with the requirements for use of the seal.

History

• Source: Miss. Code Ann.§73-1-35

30 Miss. Admin. Code Pt. 201, R. 3.5 Location and Organization of the Board and any Committees Assigned Thereto

3.5.1 The Board office and the office of any advisory committee assigned thereto are located at 2 Professional Parkway #2B, Ridgeland, MS 39157. The Board’s telephone number is 601-856- 4652. The Board’s website address is www.msboa.ms.gov. The Board’s general e-mail address is msboa@msboa.ms.gov.

3.5.2 The public may obtain a description of the Board’s and its committees’ organization and their general course and method of operation from the Rules and Regulations of the Board/Committee currently on file with the Secretary of State and by reviewing Miss. Code Ann. §§73-1-1, 73-2-1, and 73-73-1 which may be accessed on the Board’s website as provided in

3.5.1.

3.5.3 The Board’s/Committee’s Rules and Regulations may also be viewed at the Board’s website as provided in Rule 3.5.1.

3.5.4 The public may request public information available through the Mississippi Open Records Act by contacting the Board at their regular business address as provided in Rule 3.5.1.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 3.6 Board and Committee Proceedings and Actions

3.6.1 All information as to the rules of practice concerning all formal and informal proceedings is available by reviewing the rules and regulations of the Board currently on file with the Secretary of State. Further information may be obtained by viewing the Board website as provided in Rule 3.5.1 or by reviewing Miss. Code Ann. §§73-1-1, 73-2-1, and 73-73-1 which may be accessed on the Board’s website as provided in Rule 3.5.1.

3.6.2 The Board and its committees meet at times and dates specified at the Board’s office, the address of which is provided in Rule 3.5.1. The schedule is available on the Board’s website as provided in Rule 3.5.1. Other meetings which may be called by the Board or its committees will be posted at the Board office.

3.6.3 In its rulemaking and enforcement activities, the Board will be advised by and will consent to the active supervision of the Attorney General, a Special Assistant Attorney General and/or a qualified attorney approved by the Attorney General. The Board will act only in accordance with its enabling statutes and within the Board’s mandate of protection of the public’s life, health and property. The Board’s legal counsel will review the substance of the Board’s actions specifically including review of any potentially anticompetitive rule, regulation or restraint, disciplinary matters and the procedures followed to determine such actions. In each event, the Board’s legal counsel has the power to approve, veto or modify any rule, regulation, restraint or disciplinary decision to ensure the same accords with state policy and the enabling statutes of the Board.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 3.7 Declaratory Opinions

3.7.1 Any person with a substantial interest in the subject matter may petition the Board or any committees assigned thereto for a declaratory opinion by following the specified procedures.

3.7.2 The Board/Committee will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Board/Committee; or B. a rule promulgated by the Board/Committee; or C. an order issued by the Board/Committee.

3.7.3 The Board/Committee will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the Board. "Primary jurisdiction to of the Board/Committee" means any one or all of the following:

A. the Board/Committee has a constitutional grant of authority in the subject matter. B. the Board/Committee has a statutory grant of authority in the subject matter. C. the Board/Committee has issued specific regulations impacting on the subject matter. D. the Board/Committee has issued a specific order or orders impacting on the subject matter.

3.7.4 Declaratory opinions will be issued by the Board/Committee and prepared by the Executive Director. 3.7.5 The Board/Committee may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. the matter is outside the jurisdiction of the Board/Committee; or B. there is a lack of clarity concerning the question presented; or C. there is pending or anticipated litigation, administrative action, or other adjudication; or D. the statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; or E. the facts presented in the request are not sufficient to answer the question presented; or F. the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; or G. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statue or order on which a declaratory opinion is sought; or H. no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order; or I. the question presented by the request concerns the legal or constitutional validity of a statute, rule or order; or J. the requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order; or K. no clear answer is determinable; or L. the question presented by the request involves the application of a criminal statute or sets of facts which may constitute a crime; or M. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; or N. the question is currently the subject of an Attorney General's opinion request; or O. the question has been answered by an Attorney General's opinion; or P. the request is not made in good faith; or Q. the request is harassing in nature or for any other unlawful purposes; or R. a similar request is pending before this Board/Committee or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or S. the opinion, if issued, may adversely affect the interests of the State, the Board/Committee, or any of their officers or employees in any litigation which is

pending or may reasonably be expected to arise.

3.7.6 A declaratory opinion shall not be binding or effective for any third party or person other than the Board/Committee and the person to whom the opinion is issued and shall not be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

3.7.7 Where a request for a declaratory opinion involves a question of law, the Board/Committee may refer to the matter to the State Attorney General.

3.7.8 Written requests are required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board/Committee or in the form of a pleading as might be addressed to a court. Oral and telephone requests will not be accepted.

3.7.9 All requests must be mailed or delivered to the Board/Committee, at its physical address as provided in Rule 3.5.1. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal. A request must be limited to a single transaction or occurrence. Each request shall contain the following: A. a clear identification of the statute, rule, or order at issue; and B. a concise statement of the issue or question presented for the declaratory opinion; and C. a full, complete, and accurate statement of all facts relevant to a resolution of the question presented; and D. the identify of all other known persons involved in or impacted by the factual situation causing the request including their relationship to the facts, name, mailing address and telephone number; and E. a statement sufficient to show that the person seeking relief is substantially affected by the rule; and F. the terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the agency; and G. a request may contain an argument by the requestor in support of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position of the requestor. The Board/Committee may request that argument and memorandum of authorities be submitted by any interested party.

3.7.10 Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board/Committee shall, in writing: A. issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances; or

B. decline to issue a declaratory opinion, stating the reasons for its action; or C. agree to issue a declaratory opinion or a written statement declining to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or D. the forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the Board/Committee.

3.7.11 The procedure which shall be followed after a request for a declaratory opinion is received is as follows: A. the Board/Committee may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor; and B. the requestor, or the requestor’s attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons. The requestor or the requestor’s attorney shall certify that a copy of the request was mailed to all such persons together with this statement: "Should you wish to participate in the proceedings of this request, or receive notice of such proceedings or the declaratory opinion issued as a result of this request, you should contact the Board/Committee within twenty (20) days of the date of this request.”

3.7.12 If the Board/Committee in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for declaratory opinion, the Board/Committee may schedule such hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail seven (7) calendar days prior to the hearing shall be deemed appropriate. The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the Board/Committee. The Board/Committee shall allow the requestor to participate in any hearing. The Board/Committee may allow any other persons or entities to participate in the hearing in the Board’s sole discretion.

3.7.13 The Board/Committee will make declaratory opinions and requests for declaratory opinions available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is exempted from disclosure under the Mississippi Public Records Act or is otherwise confidential by law shall be exempt from this requirement.

3.7.14 Once the Board/Committee has issued its declaratory opinion, the Executive Director will then review the request for validity and prepare a response per the guidelines listed in this rule. The Executive Director will then forward the request and opinion to the Board’s legal counsel. After the Board’s legal counsel reviews the opinion, legal counsel will forward the request and opinion to the Executive Director. The Executive Director will index the opinions by name and subject and make available for public inspection. The Executive Director will mail the opinion back to the requestor and anyone else who has asked to participate.

History

• Source: Miss. Code Ann.§25-43-2.105

30 Miss. Admin. Code Pt. 201, R. 3.8 Requirements for Public Hearings for Rule Making (for the Board and any Committees Assigned Thereto)

3.8.1 At the time a rule is filed with the Secretary of State (SOS), the Executive Director must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected.

3.8.2 A public hearing is required if, during the first 20 business days of the rule notice, written request for a public hearing is received from one of the following: A. a political subdivision; or B. an agency; or C. ten (10) persons.

3.8.3 If a public hearing is required, the Executive Director will establish the time, date and location for the public hearing. The Executive Director shall then: A. ensure that the public hearing is not scheduled earlier than twenty-three (23) business days after filing notice of oral proceeding with SOS; and B. file notice of the time, date, and location of the public hearing with the SOS; and C. within three (3) days of filing notice with SOS, mail or electronically transmit a copy of the notice to those who are on the notification list (their preference); and D. the Board/Committee can charge for mail, but not electronic transmissions.

3.8.4 Public hearings shall be held at a place and time generally convenient for persons affected by the rule.

3.8.5 Conducting Public Hearings A. Public Hearings must be open to the public; and B. the President/Chairman of the Board/Committee will preside at the proceeding; and C. the Board/Committee and/or Executive Director will be responsible for answering all questions regarding the rule; and D. the Board/Committee may issue rules for conduct of oral proceedings.

3.8.6 Public Availability of Public Hearings A. a verbatim written transcript of the oral proceedings at each public hearing shall be produced; and B. this material will be available for public inspection and copying.

History

• Source: Miss. Code Ann.§§24-41-1 et. Seq. & 25-43-3.101, et seq.

30 Miss. Admin. Code Pt. 201, R. 3.9 Final Orders: Indexing, Public Inspection and Precedent

3.9.1 The Executive Director shall maintain all written final orders that affect the public and will be responsible for making them available for public inspection and copying. The order shall be indexed by name and subject. This is subject to any confidentiality provisions established by law.

3.9.2 The written final order cannot be precedent to the detriment of any person by the Board/Committee until it has been made available for public inspection and indexed. This is inapplicable to any person who has actual timely knowledge of the order.

History

• Source: Miss. Code Ann.§§25-43-3.101 et seq.

Chapter 4 Professional Code of Conduct

30 Miss. Admin. Code Pt. 201, R. 4.1 Competence

4.1.1 In practicing architecture, an architect’s primary duty is to protect the public’s life, health, and property. In discharging this duty, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.

Commentary - Although many of the existing rules of conduct fail to mention standards of competence, it is clear that the public expects that incompetence will be disciplined and, where appropriate, will result in revocation of the license. Rule 4.1.1 sets forth the common-law standard of care which has existed in this country for a hundred years or more in judging the performance of architects as well as certain other professionals.

4.1.2 In designing a project, an architect shall take into account all applicable federal, state and local building laws and regulations. While an architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.

Commentary - It should be noted that the rule is limited to applicable federal, state and local building laws and regulations. Every major project being built in the United States is subject to a multitude of laws, in addition to the applicable building laws and regulations. As to these other laws, it may be negligent of the architect to have failed to take them into account, but the rule does not make the architect specifically responsible for such other laws. Even the building laws and regulations are of sufficient complexity that the architect may be required to seek the interpretation of other professionals. The rule permits the architect to rely on the advice of other such professionals.

4.1.3 An architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.

Commentary - While an architect is licensed to undertake any project which falls within the definition of the practice of architecture, as a professional, the architect must understand and be limited by the limitations on the architect’s own education, training and experience. Where an architect lacks the necessary experience for a particular project, e.g. a multi-story hospital, the rule supposes the architect will retain consultants who can appropriately supplement the

architect’s own experience. If an architect undertakes to do a project where the architect lacks the requisite education, training and experience and does not seek supplementing consultants, the architect has violated the rule.

4.1.4 An architect shall not be permitted to practice architecture if, in the Board’s judgment, the architect’s professional competence is substantially impaired. The assessment of impairment should be performed by an appropriately qualified professional.

Commentary –This rule empowers the Board to act preemptively in the interest of public health, safety, and welfare when the Board becomes aware of an architect’s impaired competence rather than waiting until the impaired competence causes harm.

4.1.5 A licensed architect shall practice in accordance with the laws, rules and regulations governing the practice of architecture in the State of Mississippi at all times and on all projects, regardless of the size or dollar value of the project in question.

Comment: Miss. Code Ann. §73-1-39 exempts certain projects from requiring an architect, e.g., any building containing less than 5,000 square feet and is less than three stories in height. In most instances, unlicensed individuals preparing plans and specifications for buildings meeting this exemption are not under the jurisdiction of the Board and are not held to the same standard of care as an architect. However, an architect is held to the professional standard of care and that standard of care is not diminished by the fact the building may fall under one of the exemptions in Miss. Code Ann. §73-1-39. Accordingly, regardless of the type, size or dollar value of the project, a Mississippi licensed architect will follow all laws, rules and regulations governing the practice of architecture in the State of Mississippi including, but not limited to, those applicable to responsible control, use of the architect’s seal, prototypical documents and construction administration.

History

• Source: Miss. Code Ann.§ 73-1-29(1)(d)

30 Miss. Admin. Code Pt. 201, R. 4.2 Conflict of Interest

4.2.1 An architect shall not accept compensation for architectural services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all interested parties, with such disclosure and agreement to be in writing.

Commentary - This rule recognizes that in some circumstances an architect may receive compensation from more than one party involved in a project but that such bifurcated loyalty is unacceptable unless all parties have understood and accepted it.

4.2.2 An architect shall not knowingly solicit or enter into a contract for professional services for any work which another architect or another registered design professional has been exclusively contracted to perform and with which work the other professional is no longer to provide any professional services, without first having been advised in writing by the architect's prospective client that the contract with the other professional has been terminated.

4.2.3 If an architect has any business association or a direct or indirect financial interest which is substantial enough to influence the architect’s judgment in connection with the architect's performance of professional services, the architect shall fully disclose in writing to the architect's client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.

Commentary - Like Rule 4.2.1, this rule is directed at conflicts of interests. It requires disclosure by the architect of any interest which would affect the architect's performance.

4.2.4 An architect shall not solicit or accept compensation from contractors, or material or equipment suppliers, in return for specifying or endorsing their companies or products. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education.

Commentary - This rule appears in most of the existing state standards. It is absolute and does not provide for waiver by agreement. It assures an architect is not influenced to use companies or products which are not in the best interest of the client. Customary and reasonable business hospitality, entertainment, and product education may be determined by jurisdictional ethics laws, company policies, and tax guidelines.

4.2.5 When acting as the interpreter of building contract documents and/or the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

Commentary - This rule applies only when the architect is acting as the interpreter of building contract documents and the judge of contract performance. The rule recognizes that this is not an inevitable role and there may be circumstances (for example, where the architect has an interest in the owning entity) in which the architect may appropriately decline to act in those two roles. In general, however, the rule governs the customary construction industry relationship where the architect, though paid by the owner and owing the owner loyalty, is nonetheless required, in fulfilling the architect’s role in the typical construction industry documents, to act with impartiality.

History

• Source: Miss. Code Ann.§ 73-1-29(1)
• Source: Miss. Code Ann.§73-1-29(1)(d)

30 Miss. Admin. Code Pt. 201, R. 4.3 Compliance with Laws

4.3.1 An architect shall not, in the conduct of the architect’s architectural practice, knowingly violate a state or federal criminal law directly related to the duties and responsibilities of the practice of architecture.

Commentary – This rule is concerned with the violation of a state or federal criminal law while in the conduct of the registrant’s professional practice. Thus, it does not cover criminal conduct

entirely unrelated to the registrant’s architectural practice. It is intended, however, that Rule 4.5.4 will cover reprehensible conduct on the part of the architect not embraced by Rule 4.3.1.

4.3.2 The registrant shall not furnish limited services in such a manner as to enable unregistered persons to evade federal, state and local building laws and regulations, including building permit requirements.

4.3.3 An architect shall neither offer nor make any payments or gifts of substantial value to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested.

Commentary – Rule 4.3.3 tracks a typical bribe statute. It is covered by the general language of Rule 4.3.1, but is more explicitly set out in this Rule.. Note that all of the rules under this section look to the conduct of the architect and not to whether or not the architect has actually been convicted under a criminal law. An architect who bribes a public official is subject to discipline by Board, whether or not the architect has been convicted under the state criminal procedure.

4.3.4 An architect shall comply with the registration laws and regulations governing professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect is disciplined in any other United States jurisdiction.

4.3.5 Rule 4.3.4 shall not prevent a person who is not currently registered in this state, but who is currently registered in another United States or Canadian jurisdiction, from providing uncompensated (other than reimbursement of expenses) safety assessment services at the scene of an emergency at the request of a public official, public safety official, or building inspection official, acting in official capacity in accordance with Miss. Code Ann. § 11-75-1. Any person providing uncompensated safety assessment services under this provision shall notify the Board on the form provided for that purpose. This provision shall apply only to safety assessment services rendered within ninety (90) days following the end of the period for the emergency, unless extended by an executive order. "Safety assessment services" means inspection and evaluation of any structure, building, facility, project utility, equipment, machine, process, piping, or other system at the scene of an emergency related to structural integrity or nonstructural elements affecting life, safety and habitability. Architectural services beyond safety assessment services including, but not limited to, design of repairs, demolition plans, construction documents, or construction administration shall only be undertaken by an architect registered in Mississippi.

History

• Source: Miss. Code Ann. §§73-1-29(1) and 11-75-1.

30 Miss. Admin. Code Pt. 201, R. 4.4 Full Disclosure

4.4.1 An architect, making public statements on architectural questions, shall disclose when the architect is being compensated for making such statement or has an economic interest in the issue.

Commentary - Architects frequently and appropriately issue statements on questions affecting the environment and the architect's community. As citizens and as members of a profession acutely concerned with environmental change, they doubtlessly have an obligation to be heard on such questions. Many architects may, however, be representing the interests of potential developers when making statements on such issues. It is consistent with the probity which the public expects from members of the architectural profession that they not be allowed under the circumstances described in the rule to disguise the fact that they are not speaking on the particular issue as an independent professional but as a professional engaged to act on behalf of a client.

4.4.2 An architect shall accurately represent to a prospective or existing client or employer the architect's qualifications and the scope of the architect's responsibility in connection with work for which the architect is claiming credit. A. it shall be the responsibility of each registered architect to clearly and appropriately state prior professional experience of the architect and/or the firm the architect is representing in presenting qualifications to prospective clients, both public and private. If an architect uses visual representations of prior projects or experience, all architects-of-record must be clearly identified. Architect-of-record means persons or entities whose seal appear on plans, specifications and/or contract documents. B. an architect who has been an employee of another architectural practice may not claim unconditional credit for projects contracted for in the name of the previous employer. The architect shall indicate, next to the listing for each project, that individual experience gained in connection with the project was acquired as an employee, the time frame in which the project was performed, and identify the previous architectural firm. The architect shall also describe the nature and extent of the architect’s participation in the project. C. an architect who was formerly a principal in a firm may legitimately make additional claims provided the architect discloses the nature of ownership in the previous architectural firm (e.g. stockholder, director or officer) and identifies with specificity the architect’s responsibilities for that project. D. an architect who presents a project that has received awards recognition must comply with the requirements of Rule 4.4.2 with regard to project presentation to the public and prospective clients. E. projects which remain unconstructed and which are listed as credit shall be listed as “unbuilt” or a similar designation.

Commentary - Many important projects require a team of architects to do the work. Regrettably, there has been some conflict in recent years when individual members of that team have claimed greater credit for the project than was appropriate to the actual work performed by them. It should be noted that a young architect who develops experience working under a more senior architect has every right to claim credit for the work which the young architect actually performed. On the other hand, the public must be protected from believing that the younger architect's role was greater than was the fact. If a brochure represents an employee’s involvement on a specific project, while employed by another firm, the brochure provided shall include the employee’s specific responsibilities on the project and the architect of record for the project.

4.4.3 The registrant shall not falsify or permit misrepresentation of an associate's academic or professional qualifications. The architect shall not misrepresent or exaggerate the architect’s degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, location of offices or residency, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing the architect’s qualifications and/or work.

4.4.4 If, in the course of the architect's work on a project, an architect becomes aware of a decision taken by the architect's employer or client against the architect's advice, which violates applicable federal, state or local building laws and regulations and which will, in the architect's judgment, materially and adversely affect the health and safety of the public, the architect shall: A. refuse to consent to the decision; and B. report the decision to the building inspector or other public official charged with enforcement of the applicable federal, state or local building laws and regulations; and C. terminate the architect’s services with reference to the project unless the architect is able to cause the matter to be resolved to the architect’s satisfaction.

Commentary - This rule holds the architect to the same standard of independence which has been applied to other professionals such as lawyers and accountants. In the circumstances described, the architect is compelled to report the matter to a public official even though to do so may substantially harm the architect's client. Note that the circumstances are a violation of building laws which adversely affect the safety to the public of the finished project. While a proposed technical violation of building laws (e.g., a violation which does not affect safety) will cause a responsible architect to take action to oppose its implementation, the PCC specifically does not make such a proposed violation trigger the provisions of this rule. The rule specifically intends to exclude safety problems during the course of construction which are traditionally the obligation of the contractor. There is no intent here to create a liability for the architect in this area. Clause (c) gives the architect the obligation to terminate services if the architect has clearly lost professional control.

4.4.5 An architect shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with the architect's application for registration or renewal or otherwise lawfully requested by the Board.

Commentary - The registration board which grants registration or renews registration on the basis of a misrepresentation by the applicant must have the power to revoke that registration.

4.4.6 A licensee shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or professional reputation or business of another member of the profession.

4.4.7 An architect shall not knowingly sign any verification document related to licensure that contains false or misleading information and shall not assist in the application for licensure of a

person known by the architect to be unqualified in respect to education, training, experience, or character.

4.4.8 A licensee who has knowledge or reasonable grounds for believing that another individual or another member of the profession has violated any statute or rule regulating the practice of architecture shall have the duty of presenting such information to the Board. Failure to report such acts may result in disciplinary action by the Board.

Commentary - This rule has its analogue in the Code of Professional Responsibility and/or Rules of Professional Conduct for lawyers. Its thrust is consistent with the special responsibility which the public expects from architects. The public expects that professions will be guided in their conduct by a commonly accepted standard of conduct and that architects will assume a primary role in ensuring ethical conduct by their colleagues. This principle is the foundation of the requirements to report violations found in Rule 4.4.8. An architect’s accountability in this regard extends to the actions of parties external to their practice and to their practice colleagues.

4.4.9 For the purposes of these Rules of Conduct, any registered architect who, alone or with others, is in charge of a firm’s architectural practice shall be deemed to have violated these rules if the firm has violated these rules.

4.4.10 An architect possessing knowledge of a licensure candidate’s qualifications for licensure shall cooperate with the candidate, the Board, and/or NCARB by responding appropriately and in a timely manner regarding those qualifications.

History

• Source: Miss. Code Ann.§73-1-13, 29

30 Miss. Admin. Code Pt. 201, R. 4.5 Rule 4.5

Professional Conduct 4.5.1 Each office maintained for the preparation of drawings, specifications, reports or other professional work shall have an architect in that office having direct knowledge and supervisory control of such work. Any office which is advertised or promoted as an architectural office must have an architect employed in that office who is in responsible control of work produced in that location.

Commentary - This rule addresses the subject of main, branch or satellite offices of an architectural firm and protects the public in that such offices are continually supervised by an architect registered in the jurisdiction where the office is located.

4.5.2 A. “Responsible control” shall be control over all phases of the practice of architecture as is ordinarily exercised by architects applying the required professional standard of care, including, but not limited to control over and detailed knowledge of the content of technical submissions throughout preparation by the architect and others over whom the architect exercises supervisory direction and authority. B. An architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the

architect; except that (i) the architect may sign or seal those portions of the professional work that were prepared by or under the responsible control of persons who are registered under the architectural registration laws of this jurisdiction if the architect has reviewed in whole or in part such portions and has either coordinated their preparation or integrated them into the architect’s work, and (ii) the architect may sign or seal portions of the professional work that are not required by the architectural registration law to be prepared by or under the responsible control of an architect if the architect has reviewed and adopted in whole or in part such portions and has integrated them into the architect’s work. C. Plans, specifications, drawings, reports or other documents will be deemed to have been prepared under the responsible control of an architect only when: 1. the client requesting preparation of such plans, specifications, drawings, reports or other documents makes the request directly to the architect, or to a person under the supervisory direction and authority of the architect, so long as the architect has the right to control and direct the material details of how the work is to be performed; and 2. the architect supervises, directs and is involved in the preparation of the plans, specifications, drawings, reports or other documents and has input into and full knowledge of their preparation prior to their completion; and 3. the architect reviews the final plans, specifications, drawings, reports or other documents; and 4. the architect has the authority to, and does, make any necessary and appropriate changes to the final plans, specifications, drawings, reports or other documents; and 5. contributions of information or predrawn detail items or detail units that are incidental to and intended to be integrated into an architect’s technical submissions are from trusted sources (including, but not limited to, manufacturers, installers, consultants, owners, or contractors), are subject to appropriate review, and are then coordinated and integrated into the design by the architect. D. Review, or review and correction, of technical submissions after they have been prepared by individuals not under the supervisory direction and authority of the architect does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation. E. Use by an architect of third-party off-site drafting services is permissible only if there is responsible control as indicated by the following, in addition to the requirements of paragraph (C) above:

1. A written agreement exists between the architect and the drafting service showing that the architect assumes full professional responsibility for the work in relation to the client, spelling out in detail the services to be provided by the drafting service including necessary disciplines and types of services. This agreement may be a standing agreement pertaining to more than one project; and 2. The technical submissions prepared by the drafting service are taken from complete information provided by the architect whose seal will appear on the documents; and 3. The drafting service’s preparation shall not consist of any original design work whatsoever produced by that drafting service, including decisions for use of previously drawn or stored work. The architect shall retain documented evidence for at least five (5) years to prove the source of such original design work is that of the architect and make such records available to the Board upon request. Such records include written project agreements, time records, site visit logs, records of meetings and communications among project participants, documentation of research or investigations conducted on behalf of the project, design calculations, design sketches at various stages of development indicating the progress of the project, and notations memorializing reviews, corrections or revisions of documents prepared for the project. F. Drawings, specifications, reports or other professional work which were not prepared by or under the responsible control of the architect but are shown on unsealed documents containing the architect’s title block, shall contain a disclaimer similar to the following: “The drawings, specifications, reports or other professional work shown on this sheet were NOT prepared under the responsible control of the architect or architect’s firm whose title block appears on this sheet. Neither the architect nor the architect’s firm assume any responsibility for the accuracy of the information contained on this sheet and anyone relying on such information should independently verify the information contained hereon.” G. Licensees shall not delegate critical decision-making responsibilities to automated systems, technological tools, or artificial intelligence (AI) and must retain professional judgment and responsible control over all design decisions. The use of technology does not absolve licensees from their responsibility for ensuring compliance with applicable laws, codes, and standards.

4.5.3 An architect shall neither make nor offer to make any gifts, other than gifts of nominal value (included, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested.

Commentary – Rule 4.5.3 is the correlative of Rule 4.3.3, but the latter describes criminal conduct under most state laws for it involves both "private bribes" (which are ordinarily not criminal in nature) and the unseemly conduct of using bribery to obtain work. Note that the rule realistically excludes reasonable entertainment and hospitality and other gifts of nominal value.

4.5.4 An architect shall not engage in conduct involving fraud or wanton disregard for the rights of others.

Commentary - Violation of this rule may involve criminal conduct not covered by Rule 4.3.1, or other reprehensible conduct which the Board believes should warrant discipline. The PCC believes that a state board must, in any disciplinary matter, be able to point to a specific rule which has been violated. The PCC believes that serious misconduct, even though not related to professional practice, may well be grounds for discipline. To that end, The PCC recommends this rule. Many persons who have reviewed and commented on the draft rules were troubled by the sententious character of Rule 4.5.4. The PCC has, however, found that lawyers commenting on the rules had little trouble with the standard set in Rule 4.5.4: it applies to conduct which would be characterized as wicked, as opposed to minor breaches of the law.

4.5.5 The following documents will be stamped with the architect’s seal: A. the architect shall stamp with the architect’s seal the following documents when prepared under the architect’s responsible control and supervision: 1. all original sheets of any bound or unbound set of working drawings or plans, except those sheets prepared by licensed consultants; and 2. the original cover or index page(s) identifying all specification pages covered. B. documents not intended for construction should be marked “Preliminary Not for Construction”, or in some other fashion to communicate the purpose of the documents if not for construction.

4.5.6 All contract documents and technical submissions, including but not limited to contracts, drawings, addenda, change orders, and pay applications, shall be signed by an architect licensed in the State of Mississippi.

4.5.7 The signature (manual, electronic, or digital as defined below) of the registrant and date of signature shall be affixed to all documents listed in Rule 4.5.5 above: A. a manual signature is the handwritten name of the registrant applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document. B. for electronic or digital documents transmitted to others in their native file format (e.g., AutoCAD, Revit, Word, or Excel), a digital signature with an electronic authentication process attached to or logically associated with the document. The digital signature must be as follows: 1. unique to the person using it; and 2. capable of verification; and 3. under the sole control of the person using it; and

4. linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed. C. for electronic or digital documents transmitted to others in a “pdf” or similar format that has modified the native file so that it is not easily altered, an electronic (scanned) signature is acceptable if it is an accurate depiction of the licensee’s actual signature. It is the responsibility of the architect sealing the document to provide adequate security when documents with electronic seals and/or signatures are distributed.

4.5.8 Any portions of working drawings or plans prepared by registered consultants shall bear the seal and the signature of the consultant responsible thereof.

4.5.9 No architect shall affix the architect’s seal and signature to documents having titles or identities excluding the registrant's name unless: A. such documents were indeed developed by the registrant or under the registrant's immediate personal supervision and responsible control; and B. the registrant has exercised full authority to determine their development.

4.5.10 Subject to the requirements of this rule, rubber stamp, embossed, transparent self- adhesive seals, or computer generated types may be used. Such stamps or seals shall not include the registrant's signature.

4.5.11 An architect, acting individually or through a firm, association or corporation should not request, propose, or accept an agreement, contract, or commission for professional services on a "contingency basis" under which the architect’s professional judgment may be compromised or when a contingency provision is used as a device for promoting or securing an agreement, contract, or commission, either for additional commissions or projects or for performing further services on the project involved unless the architect can commit resources sufficient to meet the standard of care and performance required under any other commission. For purposes of adjudging the provisions of this section "contingency basis" will also be interpreted to include the preparation of preliminary reports and/or applications for funds or for reviewing for approval where the fee involved is to be paid only after such submission or approval, or in an amount substantially below the cost of performing the services.

Commentary - This provision reflects directly on the increasing practice of soliciting submittals from architects with compensation to the architect contingent upon the occurrence of a particular event, i.e.: the passage of a bond issue or funding of the project. The architect is requested to provide services with the possibility of receiving no, or a substantially reduced, fee. If this occurs, selection of the architect is based upon conditions other than qualifications. Additionally, this type of arrangement can place the architect in the position of paying less attention to the project in question while devoting more resources to projects on which payment is guaranteed. This can result in the performance of substandard or inadequate work which may endanger the life, health or safety of the public.

4.5.12 In a Design/Build arrangement: A. it shall be deemed unprofessional conduct for an architect, through employment by building contractors, or by another not holding a license to practice architecture

issued by the Board, to enable the employer to offer or perform architectural services, except as provided in Rule 3.2.6. B. in design/build arrangements, the architect shall not be an employee of a person not licensed to practice architecture or engineering in Mississippi. The architect shall not be an employee of a licensed contractor or a person not licensed to practice architecture or engineering in Mississippi and must have a separate contract for architectural services either with the contractor or with the owner. C. it shall be deemed unprofessional conduct for an architect to furnish limited services in such a manner as to enable owners, draftsmen, or others to evade the public health and safety requirements of the Mississippi Code. D. When building plans are begun or contracted for by persons not properly licensed and qualified, it shall be deemed unprofessional conduct for an architect to take over, review, revise, or sign or seal such drawings or revisions thereof for such persons, or do any act to enable either such persons or the project owners, directly or indirectly, to evade the requirements of the Mississippi Code and/or the Rules and Regulations of the Board.

Commentary – Refer to the commentary of Rule 3.2.6.

4.5.13 In serving as an expert witness, an architect shall not make a statement the architect knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of another architect, engineer or landscape architect including, but not limited to, the standard of care performed with respect to a particular project, or knowingly misrepresent the law and rules of the Board.

Commentary: Architects are often asked to render expert opinions in civil litigation to assist the trier of fact in understanding the evidence or to determine a fact issue. The qualification of any architect as an expert is governed by the Mississippi Rules of Evidence. Regardless, the architect is expected to testify truthfully and impartially and not be bound to testify in one way solely because the architect is being paid to do so. This also mandates the architect not testify contrary to the law and rules of the Board.

History

• Source: Miss. Code Ann. §§73-1-1, 13, 19, 29(1), 35
• Source: Miss. Code Ann.§§ 73-1-1, 13, 19, 29(1), 35

30 Miss. Admin. Code Pt. 201, R. 5.1 Part 201, Chapter 5: Disciplinary Actions

Filing of Complaints Any person may file a complaint against a registered architect, or any individual, charging a violation of the Architect Registration law and/or rules. Such complaints shall be filed with the Board, either verbally or in writing, and need not be signed or sworn to. The Board shall proceed in accordance with Miss. Code Ann. §73-1-29 and the rules in this chapter. Contact the Board office or visit the Board’s website for a copy of the complaint and disciplinary procedures.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.2 Investigative Procedures

Upon the filing of charges or information in accordance with Rule 5.1, the Executive Director shall refer the matter to an Investigative Committee, composed of the Executive Director, investigator, and a Special Assistant Attorney General (SAAG). The Investigative Committee may also include a designated Board member or subject matter expert(s) when determined necessary by the Executive Director and/or the SAAG. Upon completion of the investigation, the Investigative Committee will provide a summary report to the Board. A Board member designated to review a complaint shall not vote on the disposition of the complaint.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.3 Rule 5.3

Disciplinary Proceedings 5.3.1 Notice of Hearing and Complaint – The Board shall investigate all charges filed with it consistent with the procedures outlined above and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, the Board may direct the Executive Director to issue a notice of hearing and complaint detailing the charges. The hearing may be scheduled on a regularly scheduled Board meeting date, or on any other date that the Board and/or the Executive Director determines appropriate. The notice shall be: A. mailed by registered or certified mail, return receipt requested, to the respondent’s most recent address on file with the Board, or personally served on the respondent, and B. mailed or personally served not less than thirty (30) days prior to the scheduled date of the disciplinary hearing. C. The Investigative Committee reserves the right to amend or alter the charges contained in the notice of hearing at any time, as long as notice is given to the respondent pursuant to these rules. If a notice of hearing is amended after original service has been made on the respondent, the amended notice of hearing may be served by electronic means, including, but not limited to, facsimile transfer or e-mail. Service by electronic means is complete when the electronic equipment being used by the party being served acknowledges receipt, or when the sending party obtains an acknowledgment from the recipient.

5.3.2 Consent Orders – If, after receipt of a complaint and prior to the disciplinary hearing, the accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. This opportunity for settlement shall be within the sole discretion of the Investigative Committee. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

5.3.3 Informal Conferences – The respondent may request an informal conference with the Investigative Committee for the purpose of showing that the allegation(s) contained in the complaint is (are) not true. The respondent may have an attorney present only in an advisory capacity. If the respondent desires a conference and the complaint cannot thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order as provided in Rule 5.3.2.

5.3.4 Requests for Continuance – Any request for continuance of a disciplinary hearing must be made in writing and presented to the Board staff at least five (5) days prior to the scheduled hearing or, upon good cause shown, at any time prior to the hearing. Continuances will not be

routinely granted. Instead, a party must show substantial, legitimate grounds for a continuance. Where scheduling conflicts are the basis for requesting a continuance, the party shall provide written proof of such conflicts in a timely manner as set forth herein. A grant of continuance shall be based on a balance of the right of respondent to a reasonable opportunity to prepare and present a defense and the Board's responsibility to protect the public health, safety and welfare. If a request for more than one continuance is made, the SAAG may, in his discretion and in order to protect the public health, safety and welfare, request that the respondent surrender his license until the hearing date. The revised notice of hearing may be served by electronic means, including, but not limited to, facsimile transfer or e-mail. Service by electronic means is complete when the electronic equipment being used by the party being served acknowledges receipt, or when the sending party obtains an acknowledgment from the recipient.

5.3.5 Action Against Unlicensed Individuals – If the Board determines that there is evidence of a violation of the law by an unlicensed individual, the Board will issue a letter of education requesting compliance with the law. If the matter cannot be resolved informally, the Board may request that a SAAG apply in any chancery court of competent jurisdiction for an order enjoining such violation in accordance with Miss. Code Ann. §73-1-25.

History

• Source: Miss. Code Ann. §§73-1-25 and 73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.4 Rule 5.4

Conflict and Bias 5.4.1 A Board member shall not be entitled to participate in any disciplinary action if the Board determines that such Board member is personally biased against the accused.

5.4.2 Any accused in a disciplinary proceeding may assert conflict or bias by filing with the Executive Director at least three (3) days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with specific details of the underlying factual bias for the assertion.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.5 Rule 5.5

Disqualification The recusal or disqualification of Board members shall be considered on the record as a preliminary matter at the hearing before any other questions are decided. In the event that after said consideration there does not remain a quorum, the case shall be decided by the administrative hearing officer presiding over the hearing.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.6 Rule 5.6

Pre-Hearing Discovery 5.6.1 Pre-hearing discovery may be permitted in accordance with this rule and Rule 5.7 to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at the hearing, protect persons from annoyance, embarrassment, or undue burden or expense, and promote the ends of justice.

5.6.2 All discovery shall be completed within thirty (30) days of the accused’s receipt of the notice of hearing and complaint unless otherwise modified by the Investigative Committee for good cause. A hearing may not be continued for the sole purpose of conducting discovery.

5.6.3 The attorney for the Board or the accused may obtain discovery regarding any matter not privileged, which is relevant to the subject matter of the pending action, whether it relates to the prosecution or the defense.

5.6.4 Discovery shall be had in strict accordance with such terms and conditions as may be imposed by the Investigative Committee, considering all the factors of each case.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.7 Methods of Discovery Upon timely notice the following discovery may be allowed or ordered by the Investigative Committee

A. Written interrogatories, limited to 30 in number, to be answered in writing, under oath, by any party, material witness or expert witness, within fifteen (15) days of receipt of the interrogatories. B. Requests for production and copying of documents and things and for entry upon land for inspection and other relevant purposes, limited to 30 in number, by any party against any party or person. A response to the requests for production of documents must be made within fifteen (15) days of receipt of the request. C. Before an action is commenced, the Board may direct that the Board's attorney, or the Board's attorney may on his own initiative, conduct such preliminary discovery regarding any matter under investigation that the Board or the Board's attorney deems necessary and proper in order to perpetuate testimony or to otherwise prevent a failure or delay of justice. Such pre-action discovery methods shall be in conformance with those set out hereinabove. The product of such discovery may be used in any action involving the same subject matter subsequently brought before the Board. D. At least seven (7) days prior to the disciplinary hearing, the parties shall exchange a list of witnesses that will testify and a copy of all exhibits that will be offered into evidence.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.8 Disciplinary Hearings A

Conduct of Hearing – All hearings shall be conducted informally, but in such a manner as to ensure order and fairness to both parties. Hearings may be structured as follows: 1. Hearing Officer – The Board may, in its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence and procedure in accordance with the provisions of these rules. The hearing officer shall not make any findings of fact or conclusions of law, unless necessary as contemplated by Rule 5.5, or unless requested by the Board. 2. Plea – The accused shall either admit or deny the charges set forth in the complaint.

3. Opening Statement – Each side may make a short opening statement, although an opening statement is not required. 4. Form of Hearing – The Board shall present its evidence, followed by the accused, followed by such rebuttal as may be necessary and proper. Each witness called may be examined in the following manner: Direct examination Cross examination Re-direct examination Witnesses shall not be interrupted during testimony except by the Hearing Officer or a Board member. Board members may ask questions of witnesses at any time during the hearing. 5. Closing Statement – Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant law to the evidence presented. 6. Proposed Order – The Board may request one or both parties to submit within seven (7) days for the Board’s consideration a proposed order of the Board, including findings of fact and conclusions of law, a copy of which the submitting party shall mail to the other party. Underlying facts of record that support the findings should be cited. If the submitting party desires a written transcript of the hearing for the purpose of preparing such proposed order, that party must request same and pre-pay the cost of postage and the reasonable cost of transcription. In such event, the Board may request the proposed order to be submitted within ten (10) days of the mailing of the transcript. 7. Order – The Board shall issue an order not more than forty-five (45) days after the close of the hearing, which shall include findings of fact and conclusions of law, stated separately. The accused shall be forwarded a copy of the order by certified or registered mail, return receipt requested. 8. Evidence – The Mississippi Rules of Evidence shall be used as a general guide for the presentation of evidence; however, any evidence which reasonably appears to be relevant to the issues of the case, including hearsay evidence, may be allowed notwithstanding its inadmissibility under said Rules, unless the evidence offered is clearly of a privileged nature. 9. Procedure – The Mississippi Rules of Civil Procedure shall be used as a general guide for the conduct of the proceedings; however, formal adherence to said Rules shall not be mandated except as may be reasonably required to promote the ends of justice.

History

• Source: Miss. Code Ann. §73-1-29

30 Miss. Admin. Code Pt. 201, R. 5.9 Disciplinary Penalties

Set forth below are guidelines from which disciplinary penalties will be imposed by the Board upon practitioners found guilty of violating the law and/or rules of the Board. One purpose of the guidelines is to give notice to licensees and others under the Board’s jurisdiction of the range of penalties the Board may impose for violations of particular provisions of the law and/or rules. The guidelines are not meant to be all encompassing, are not meant to address every disciplinary

circumstance that might occur and there may be other causes for the imposition of discipline not mentioned below upon which the Board may act.

The guidelines are based upon a single count violation of each provision listed and are a guideline only. Multiple counts of violations of the same provision of the law or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint, will be grounds for enhancement of penalties. The Board shall be able to add to or deviate from the guidelines upon showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final decision. The maximum penalty for any violation is revocation and a $5,000 fine per violation.

In determining the penalty to be imposed, the Board shall consider the following factors:

A. Whether the penalty imposed will be a substantial deterrent to the violation B. The circumstances leading to the violation C. The severity of the violation and the risk of harm to the public D. The economic benefits gained by the violator as a result of non-compliance E. The interest of the public F. Consistency of the penalty with past penalties for similar offenses, or justification for the penalty imposed G. Prior disciplinary action in any jurisdiction or repeated violations H. Self-reporting of the offense, cooperation with the Board’s investigation, and any corrective action taken

The guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees, applicants, intern architects, licensure candidates and examination candidates for violation of the above-mentioned statutes and rules. The Board shall have the right to collect any legal, investigative, and/or administrative charges incurred by the Board during the course of the investigation. In addition to the above sanctions, the Board may also require the individual to take and successfully pass a state jurisprudence examination as a condition precedent to final resolution of the disciplinary action.

Disciplinary Penalties: A. Failure to stamp plans (4.5.5; 3.2.4): Minimum Penalty-Letter of reprimand and $500 fine B. Failure to sign over stamp (73-1-35; 3.2.4; 4.5.7): Minimum Penalty-Same as (A) above C. Providing work not competent to perform (4.1.1; 4.1.3): Minimum Penalty-Reprimand and $2,500 fine D. "Plan Stamping" (73-1-35; 3.2.4; 4.5.2; 4.5.5; 4.5.9): Minimum Penalty-Suspension and $2,500 fine E. Attempting to procure a license by providing false, deceptive or misleading information (73-1-13(d)(iii); 73-1-29(b); 4.4.5): Minimum Penalty-Revocation and $2,500 fine if licensed (denial of license if application in process)

F. Licensee disciplined by another jurisdiction (4.3.1; 4.3.4): Minimum Penalty-Board discretion G. Criminal conviction relating to architecture (73-1-29(g); 4.3.1): Minimum Penalty-Misdemeanor: reprimand and $2,500 fine Minimum Penalty-Felony: One (1) year suspension, one (1) year probation and $2,500 fine H. Practice on suspended license resulting from disciplinary action by Board (73-1- 29(e)): Minimum Penalty-Revocation and $5,000 fine I. Practice on inactive license (73-1-27; 73-1-29(e); 2.3): Minimum Penalty-Fine based on length of time in practice while inactive; $1,000 per month (penalty will require licensee to renew license or cease practice) J. Practice on revoked license based on non-payment of renewal fee (73-1-27; 73-1- 29(e); 2.3): Minimum Penalty-Fine based on length of time in practice while revoked; $1,000 per month K. Fraudulent, false, deceptive or misleading advertising (73-1-1; 3.2.2; 3.2.3; 3.2.9; 3.2.11): Minimum Penalty-Cease and desist letter and public reprimand L. Negligence (73-1-29(c); 4.1.1; 4.1.3): Minimum Penalty-Reprimand, one (1) year probation and $2,500 fine M. Fraud or Deceit (73-1-29(h); 4.5.4): Minimum Penalty-Reprimand, one (1) year suspension, one (1) year probation and $2,500 fine N. Incompetence (mental or physical impairment) (4.1.4): Minimum Penalty-Suspension until ability to practice proved, followed by probation O. Bribery to obtain clients or commissions (4.3.3; 4.5.3): Minimum Penalty-Revocation and $5,000 fine P. Undisclosed conflict of interest (73-1-29(i); 4.2.1): Minimum Penalty-Reprimand, $2,500 fine and one (1) year probation Q. Aiding unlicensed practice (3.2.6(c); 4.3.2; 4.4.7; 4.4.8): Minimum Penalty-Probation and $2,500 fine R. Practicing architecture without a license (73-1-1; 73-1-13(d)(v); 73-1-29(a); 2.2): Minimum Penalty-Reprimand and $2,500 fine (denial of license if application in process) S. Practicing architecture through a business corporation or through a business entity that is not provided on the architect’s record with the Board (73-1-19; 3.2.12): Minimum Penalty-$2,500 fine and test on Board laws and rules T. Violating the provisions of the construction administration rule (3.2.16): Minimum Penalty-$1,500 fine U. Failure to comply with continuing education requirements (6.2): Minimum Penalty-Admonition and $500 fine for each calendar year in which any number of the required continuing education hours were deficient

History

• Source: Miss. Code Ann. §73-1-29(4)

30 Miss. Admin. Code Pt. 201, R. 5.10 Rule 5.10

Appeals Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal therefrom as provided for in Section 73-1-31 Mississippi Code Annotated (1972), with the exception of consent orders as detailed in Rule 5.3.2.

History

• Source: Miss. Code Ann. §73-1-31

30 Miss. Admin. Code Pt. 201, R. 6.1 Purpose

Continuing Education (CE) is post-licensure learning that enables a registered architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public’s health, safety, and welfare. Each registrant shall be required to meet the continuing education requirements of these guidelines. These guidelines provide for a mandatory continuing education program to insure that registered architects remain informed of those technical and professional subjects the Board deems appropriate to safeguard life, health and promote the public welfare.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.2 Rule 6.2

Requirements A Continuing Education Hour (CEH) is one continuous instructional hour (50 to 60 minutes of contact) spent in Structured Educational Activities intended to increase or update the architect’s knowledge and competence in health, safety, and welfare subjects. If the provider of the Structured Educational Activities prescribes a customary time for completion of such an activity, then such prescribed time shall, unless the Board finds the prescribed time to be unreasonable, be accepted as the architect’s time for Continuing Education Hour purposes irrespective of actual time spent on the activity.

Each Mississippi registered architect shall complete a minimum twelve (12) CEHs per calendar year, which shall total twenty-four (24) CEHs to be reported with each biennial (every two (2) years) renewal. All CEHs must be in structured continuing education activities as defined in Rule 6.4, and shall be in health, safety and welfare topics as defined in Rule 6.5.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.3 Policy and Administration

In regard to continuing education, the Board shall have the following duties: A. to exercise general supervisory authority over the administration of these rules; and B. to establish regulations consistent with these rules; and C. to organize sub-committees and delegate executive authority.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.4 Structured Continuing Education

Structured continuing educational activities are those in which at least seventy -five percent (75%) of an activity’s content and instructional time must be devoted to health, safety, and welfare subjects related to the practice of architecture, including courses of study or other activities under the areas identified as health, safety and welfare subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.

Structured course study shall consist of participation in education activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study. Structured Continuing Education shall include the following types of activities: A. attending professional or technical presentations at meetings, conventions, or conferences B. attending in-house programs sponsored by corporations or other organizations C. successfully completing seminars, tutorials, short courses, on-line courses, correspondence courses, televised courses, or videotaped courses D. successfully completing college or university sponsored courses E. successfully completing courses that are awarded continuing education credits

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.5 Health, Safety, and Welfare Subjects

Technical and professional subjects related to the practice of architecture that the Board deems appropriate to safeguard the public and that are within the following continuing education subject areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment. A. PRACTICE MANAGEMENT: This category focuses on areas related to the management of architectural practice and the details of running a business. B. PROJECT MANAGEMENT: This category focuses on areas related to the management of architectural projects through execution. C. PROGRAMMING & ANALYSIS: This category focuses on areas related to the evaluation of project requirements, constraints, and opportunities. D. PROJECT PLANNING & DESIGN: This category focuses on areas related to the preliminary design of sites and buildings. E. PROJECT DEVELOPMENT & DOCUMENTATION: This category focuses on areas related to the integration and documentation of building systems, material selection, and material assemblies into a project. F. CONSTRUCTION & EVALUATION: This category focuses on areas related to construction contract administration and post-occupancy evaluation of projects.

Commentary – Acceptable topics for each of the subject areas listed above include, but are not limited to, the following:

PRACTICE MANAGEMENT: Applicable laws and regulations, ethics, insurance to protect owner and public, business management, risk management, information management, design for community needs, supervisor training.

PROJECT MANAGEMENT: Project delivery methods, contract negotiation, pre-design services, site and soils analysis, consultant management, project scheduling, quality control (QA/QC), economic assessment, value engineering.

PROGRAMMING & ANALYSIS: Land-use analysis, programming, site selection, historic preservation, adaptive reuse, codes, regulations, and standards, natural resources, environmental impact and ecosystem risk assessment, hazardous materials, resilience to natural and human impacts, life safety, feasibility studies.

PROJECT PLANNING & DESIGN: Building systems, urban planning, master planning, building design, site design, safety and security measures, impacts, adaptation and mitigation of a changing climate, energy efficiency and positive energy design, sustainability, indoor air quality, ergonomics, lighting, acoustics, accessibility, construction systems, budget development.

PROJECT DEVELOPMENT & DOCUMENTATION: Construction documents, materials and assemblies, fixtures, furnishings, and equipment.

CONSTRUCTION & EVALUATION: Construction contract administration, bidding and negotiation, post occupancy evaluation (POE), building commissioning.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.6 Computation of Credit

A. Successfully completing one (1) hour professional development education (50 to 60 minutes actual course or contact time) shall be the equivalent of one (1) CEH. No credit will be allowed for introductory remarks, meals, breaks, or business/administration matters related to courses of study. B. The Board has final authority with respect to approval of courses, credits, and continuing education hours for courses and any other method of earning credit. C. Hours claimed for continuing education credit must be in addition to or outside of the registrant’s normal day-to-day business activities.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.7 Scope and Exemptions

A. Scope: These guidelines shall apply to all architects registered by the Board. Failure to obtain CEHs in conformance with these rules shall subject the architect to disciplinary action. B. Exemptions: 1. a first-time new registrant by examination or reciprocity will be exempt for the first renewal period. NOTE: This exemption does not apply on applications for reinstatement of registration. 2. registrant is an emeritus status architect on record with this Board. 3. registrant is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days during

the two-year reporting period. (This does not include a career military person who is reassigned overseas, etc.). 4. resident registrants of any other NCARB jurisdiction with either a mandatory or voluntary continuing education program provided that same jurisdiction accepts the Mississippi continuing education requirement as satisfying their continuing education requirement, and provided that the registrant truthfully certifies by affidavit and annual report that all requirements of that jurisdiction for current continuing education compliance and registration have been met. For continuing education purposes, the address of record on file with the Board will determine “residence”. Registrant must attach to the annual report form a copy of the most recently-issued wallet card, letter of good standing, or certificate. 5. personal or medical hardship will be considered on an individual basis. Requests must be received at the Board office no later than November 1 of the renewal year.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.8 Reporting

A. The continuing education section of the renewal application must be completed in full in order to process the registration renewal. Do not send documentation with renewal. A random audit of annual reports will be conducted post renewal to ensure accuracy and compliance. B. Each registrant, at renewal of registration time, shall submit the required continuing education information, which shall include an affidavit attesting to the registrant’s fulfillment of these continuing education requirements. No carryover of continuing education hours is permitted. C. Each affidavit shall be reviewed by the Board and may be subject to audit for verification of compliance with requirements. Registrants shall retain proof of fulfillment of requirements for a period of six (6) years after submission in the event that the affidavit and annual report is selected for audit. The Board may require a detailed synopsis or report for verification of CEHs claimed. D. The Board may, upon audit for verification of compliance, disallow claimed credit for continuing education units. The registrant shall have sixty (60) calendar days after notification of disallowance of credit to substantiate the original claim or earn other CEHs credit which fulfills minimum requirements. Failure to substantiate the original claim or to earn other credit before the expiration of the sixty (60) calendar days shall invalidate the renewal and the respondent’s license shall be immediately rendered inactive.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.9 Recordkeeping

A. The registrant is responsible for retaining proof of participation in continuing education activities. Supporting documents may include but are not limited to: 1. a log showing activity claimed, sponsoring organization, location, duration, etc.; 2. attendance certificates;

3. signed attendance receipts; 4. paid receipts; 5. sponsor's list of attendees (signed by a person in responsible charge of the activity); 6. an AIA transcript for the prescribed period. B. Registrants who claim CEHs for videotaped instructional materials and self-study courses must retain information which: 1. accounts for the amount of time spent completing the activity; 2. summarizes the content of the activity; and 3. relates the activity to the health, safety, and welfare of the public. C. These records must be retained for a period of six (6) years from the date of report. D. Copies must be furnished to the Board for audit purposes if requested.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.10 Disallowances

If continuing education credits are disallowed, the registrant shall have sixty (60) calendar days after notification to substantiate the original claim or earn other continuing education credits to meet the minimum requirements. Failure to substantiate the original claim or to earn other credit before the expiration of the sixty (60) calendar days shall invalidate the renewal and the respondent’s license shall be immediately rendered inactive.

History

• Source: Miss. Code Ann.§73-1-9

30 Miss. Admin. Code Pt. 201, R. 6.11 RESERVED

30 Miss. Admin. Code Pt. 201, R. 6.12 Noncompliance and Sanctions

Failure to fulfill the continuing education requirements and to file a properly completed and signed annual report shall result in non-renewal of the architect's certificate of registration. Submission of a false statement in regard to continuing education could subject the licensee to discipline for a violation of this section as well as Miss Code Ann. §73-1-29 (b) and/or Rule 4.4.5.

History

• Source: Miss. Code Ann.§73-1-9

Chapter 7 Code of Conduct for Participation as a Member of the Mississippi State Board of Architecture

30 Miss. Admin. Code Pt. 201, R. 7.1 Rule 7.1

Purpose To establish a set of principles and practices that will set parameters and provide guidance and direction in the conduct and decision‐making of the members of the Mississippi State Board of Architecture (“Board”), the Landscape Architecture Advisory Committee and Interior Design Advisory Committee (collectively “Committees”). Members of the Board and Committees are committed to observing and promoting the highest standards of ethical conduct in the performance of their responsibilities. Each member of the Board and Committees pledges to accept this code as a minimum guideline for ethical conduct.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.2 Rule 7.2

Legislative Mandate Act with the Board’s mission in mind, which is to protect the public’s life, health and property through the regulation of the professions of architecture, landscape architecture and certified interior design.

History

• Source: Miss. Code Ann. §§73-1-1, 9

30 Miss. Admin. Code Pt. 201, R. 7.3 Responsible Performance Perform required duties in a manner that is responsible, professional and timely

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.4 Registration Be and remain a registrant in good standing

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.5 Residency Remain as a resident of the state for the duration of the term of appointment

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.6 Rule 7.6

Conflicts of Interest Avoid relationships that may interfere with the Board’s mission of public protection, and be especially cognizant of conflict-of-interest issues.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.7 Rule 7.7

Confidentiality Respect and maintain the confidentiality of sensitive information obtained as a result of service to the Board.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.8 Rule 7.8

Active Participation in Board Activities Endeavor to attend and participate in Board and Committee meetings, avoiding absences as much as is possible.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.9 Rule 7.9

Representation of the Board When Involved in Outside Activities When attending meetings and conferences as a representative of the Board, endeavor to attend and participate in all relevant sessions, and to represent the Board and Committees in a professional manner.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.10 Rule 7.10

Adherence to State Agency Laws Abide by the laws of the state relevant to appointment to the Board or Committees and the proceedings thereunder.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.11 Rule 7.11

Participation in Professional Organizations Not serve as a voting member on the governing board of a Mississippi or national professional association if such position or organization presents a conflict of interest, if the Board determines that such position or organization presents a conflict of interest. Any member serving as a voting member of an association, shall, if a conflict of interest arises, recuse himself or herself from voting on the matter on behalf of the association.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.12 Rule 7.12

Abuse of Power Not misuse the position to obtain, or attempt to obtain, any financial or material gain, or any advantage personally or for another, through the office.

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.13 Adherence to Criminal Laws Not be convicted of a felony while serving as a member

History

• Source: Miss. Code Ann. §73-1-9

30 Miss. Admin. Code Pt. 201, R. 7.14 Rule 7.14

Failure to Comply and Removal If a member determines that he or she cannot abide by or has not abided by these requirements, the member shall voluntarily resign the member’s position by written letter to the Governor, with a copy to the Board’s Executive Director. Alternatively, the Board or Committees may, after appropriate action in an official Board meeting, submit a request to the Governor to remove and replace a member who fails to abide by this Code of Conduct or, who, by other means, demonstrates inefficiency, neglect of duty or dishonorable conduct.

History

• Source: Miss. Code Ann. §§73-1-5, 9

Part 202 Landscape Architecture Advisory Committee to the Mississippi State Board of Architecture Rules and Regulations

Chapter 1 Registration and Definitions

30 Miss. Admin. Code Pt. 202, R. 1.1 Definitions

1.1.1 “Committee” – The Mississippi Landscape Architecture Advisory Committee to the Mississippi State Board of Architecture.

1.1.2 “CLARB” – The Council of Landscape Architectural Registration Boards.

1.1.3 “CLARB Council Record” – Verified documentation of an individual’s education, experience, examination, licensure and professional conduct compiled by CLARB.

1.1.4 “CLARB Council Certificate” – Certification by CLARB that a Landscape Architect has met the minimum standards of education, examination, experience and professional conduct established by the Council and is thereby recommended for licensure in all member jurisdictions.

1.1.5 “LARE” – The Landscape Architect Registration Examination, administered and graded in accordance with established CLARB standards.

1.1.6 “Direct control and personal supervision” – That degree of supervision by a Landscape Architect overseeing the work of another whereby the supervisor has been directly involved in all judgments affecting the health, safety and welfare of the public.

1.1.7 “Responsible charge” – The direct control and personal supervision of the practice of landscape architecture.

1.1.8 "Majority Vote" - A majority vote is defined as a simple majority of the quorum present.

1.1.9 “Emeritus Status” – Active resident Landscape Architects who have been registered in this state for ten (10) consecutive years, who are sixty-five (65) years of age or older and who are retired from active practice or other related professional activities may request “Emeritus Status” in writing and by stating compliance with the requirements of this section. “Retired” means that the Landscape Architect no longer practices landscape architecture in that he/she no longer stamps and certifies documents with his/her seal or practices landscape architecture as defined in Section 73-2-3(b) of the Mississippi Code of 1972, as amended. If the requirements

of this section have been met, all fees, for biennial registration shall be waived by the Committee. Any reference to a Landscape Architect with “Emeritus Status” on any letter, title, sign, card or device shall list such landscape architect as “Emeritus Landscape Architect”.

1.1.10 "Quorum" - A committee quorum shall be constituted when a minimum of three (3) members are present. A quorum is required for all business of the committee.

History

• Source: Miss. Code Ann §73-2-13, 16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 1.2 Eligibility

1.2.1 An applicant for initial registration or registration by reciprocity as a Landscape Architect in Mississippi shall comply with Section 73-2-7 of the Mississippi Code of 1972.

1.2.2 The minimum degree accepted by the Committee shall be a four-year landscape architecture degree, or any landscape architecture degree above a four-year degree, including a master’s degree, which is accredited or accepted by a CLARB recognized accreditation body or a CLARB recognized education evaluation authority.

1.2.3 Any applicant that does not meet the education requirements of 1.2.2 must have seven years of experience in landscape architecture as required by Miss. Code Ann. §73-2-7 under the direct supervision of a licensed landscape architect. To be considered “experience in landscape architecture,” an applicant must gain experience in the following practice domains to ensure competency necessary to protect the public and the environment: 1. Project and Construction Management: includes pre-project management, project management, bidding, construction, and maintenance; 2. Inventory and Analysis: includes site inventory, physical analysis, and contextual analysis; 3. Design: includes stakeholder process, master planning, and site design; 4. Grading, Drainage, and Construction Documentation: includes site preparation plans, general plans and details, specialty plans, and specifications.

The review and acceptance of such experience is at the sole discretion of the Committee and subject to approval by the Board. Graduation from a college or university in a curriculum other than landscape architecture shall be accepted by the Board as the equivalent of two years' experience of the seven years required by §73-2-7(b). No applicant shall receive credit for more than two years' experience for any scholastic training regardless of the length of the educational process.

1.2.4 An applicant for initial registration or reciprocal registration shall have successfully completed the CLARB registration examination, where the examination administration and grading were conducted in accordance with CLARB's standards in effect at the time.

History

• Source: Miss. Code Ann §73-2-7

30 Miss. Admin. Code Pt. 202, R. 1.3 Exceptions-Ineligibility

Acts sufficient to preclude an applicant's eligibility for registration shall include, but not be limited to, the following:

A. Practicing Landscape Architecture without registration in violation of any jurisdiction; B. Conviction of a felony, except conviction of culpable negligent manslaughter, directly related to the duties and responsibilities of the practice of landscape architecture; C. Misrepresentations or falsifications of facts filed in the application.

History

• Source: Miss. Code Ann §73-2-7(a)

30 Miss. Admin. Code Pt. 202, R. 1.4 Forms and Instructions

1.4.1 Application forms and instructions will be furnished upon request.

1.4.2 The forms required must be properly executed and submitted with the required fee.

History

• Source: Miss. Code Ann §73-2-13

30 Miss. Admin. Code Pt. 202, R. 1.5 Fees

Fees required are listed below. Regardless of the time of initial registration all licenses become renewable at the end of the biennial period on December 31st.

History

• Source: Miss. Code Ann §73-2-17

30 Miss. Admin. Code Pt. 202, R. 1.6 Processing

1.6.1 Complete applications shall be submitted to the Committee.

1.6.2 All applications shall be considered individually and approved or rejected by a majority vote of the Committee.

1.6.3 Personal appearances before the Committee, if required, shall be at a time and place designated by the Committee.

1.6.4 Failure to supply additional evidence or information within sixty (60) days from the date of written request from the Committee or to appear before the Committee when such an appearance is deemed necessary, may be considered just and sufficient cause for rejection of the application.

1.6.5 Applications for licensure shall expire after a six (6) month interval during which there is no activity.

Fees: Application for Examination by Experience 75.00 Application for Initial Registration 125.00 Application by Reciprocity 350.00 Biennial Renewal 200.00 Reinstatement of an Expired License 275.00 Manual Renewal Application Processing 25.00 Electronic Roster 50.00 Duplicate Certificate 25.00 File Transfer 25.00 Non-Sufficient Funds Checks 40.00 Photo copies (per single sided sheet) .25 Laser printed pages (per single page) .25

1.6.6 No application for registration may be withdrawn except upon the express written consent of the Committee which consent shall be in the sole and exclusive discretion of the Committee. In no event shall an application be allowed to be withdrawn if the Committee has determined or has reasonable cause to believe that an applicant has violated any of the provisions of Miss. Code Ann. §§ 73-2-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the Committee.

History

• Source: Miss. Code Ann §73-2-13

30 Miss. Admin. Code Pt. 202, R. 1.7 Examination and Initial Registration

1.7.1 Applicants for initial registration with a degree in landscape architecture meeting the requirements of 1.2.2 must apply to CLARB to begin the examination, and must complete the examination process through CLARB prior to applying for initial registration. After completion of the examination, such applicants must submit the required application for initial registration, the application fee, and their CLARB Council Record to the Committee.

1.7.2 Applicants for initial registration who do not meet the requirements of 1.2.2 must: A. Meet the requirements of Miss. Code Ann. §73-2-7 and 1.2.3. B. Submit the application for examination by experience to the Committee and pay the prescribed fee, and C. Provide a CLARB Council Record to verify the required seven years of experience or a combination of experience and education, and D. Once approved by the Committee, take and pass the examination as administered by CLARB; and E. After completion of the examination, submit the required application for initial registration, the application fee, and an updated CLARB Council Record to the Committee.

History

• Source: Miss. Code Ann §73-2-9

30 Miss. Admin. Code Pt. 202, R. 1.8 Registration by Reciprocity

1.8.1 An applicant for licensure by reciprocity shall have a current and valid license issued by a governmental licensing authority recognized by CLARB.

1.8.2 An applicant for licensure by reciprocity shall submit a current and valid CLARB certificate. Should an applicant be unable to acquire a CLARB certificate, the Committee may consider the applicant if the applicant provides proof of compliance with Miss. Code Ann. §73- 2-7 and §73-2-9 and applicable rules.

1.8.3 An applicant for licensure by reciprocity shall have met the educational and/or experience requirements of 1.2.

1.8.4 Rejection of applications for registration by reciprocity will be by letter explaining the reasons and outlining procedures under which reconsideration may be possible.

1.8.5 An applicant for licensure by reciprocity shall have passed the LARE or an equivalent landscape architectural registration examination which is accepted by CLARB for certification.

History

• Source: Miss. Code Ann §§73-2-15 & 16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 1.9 Renewals

The biennial license renewal fee shall be due on or before December 31 of each odd numbered year, after which penalties will be added at a rate of $5.00 per month up until June 1st. After June 1 st , the license stands suspended and the individual must apply for reinstatement of an expired license.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 1.10 Reinstatement of License

1.10.1 A registrant that allows his/her registration to lapse after June 1 of the of the first year of the biennial period of the next odd year will be required to reinstate said registration by filing an application for reinstatement of an expired license supplied by the Committee, paying the reinstatement fee and providing the following information: A. A list of work experience, since the date the license officially lapsed; and B. an affidavit stating that the applicant for reinstatement has not practiced landscape architecture or entered into a contract to perform landscape architectural services in Mississippi since the license lapsed; and C. a CLARB Council Certificate OR an examination record on file with the board verifying initial licensure by examination in Mississippi; and D. certification that the applicant has acquired twenty-four (24) units of continuing education within a twenty-four month (24) period immediately prior to the date on which application for reinstatement is made. Continuing education hours must be in accordance with the provisions set forth in these rules and regulations and reported in a format acceptable to the board. Should an applicant for reinstatement be unable to acquire a CLARB certificate, the Committee may consider the applicant if the applicant provides proof of compliance with Miss. Code Ann. §73-2-7 and §73-2-9 and applicable rules.

1.10.2 Any registrant who allows his/her license to expire and was initially licensed in a state or jurisdiction under a Grandfather Provision and who has never passed any CLARB examination will be required to pass the CLARB LARE prior to reinstatement of his/her license.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 1.11 Official Seal

1.11.1 Upon official notification of registration, the registrant will be advised that it is his/her responsibility to secure an official seal or rubber stamp for use in this state. Embossed seals are not acceptable. The seal to be used by the registrants are to be circular in form and 2 inches in diameter. A copy of the design is shown below [at right] and shall contain the following information: Name, Registration Number and the words "Registered Landscape Architect State of Mississippi".

1.11.2 The registrant shall stamp with his/her seal the following documents: A. All original sheets of any bound or unbound set of working drawings or plans, and B. The original cover of the project manual or index page(s) identifying all specification pages of the project manual, and C. All Addenda. Preliminary documents that are not sealed should be marked as “preliminary” or “not for construction.”

1.11.3 The registrant shall superimpose his/her signature (manual, electronic, or digital as defined below) and date of execution across the face of the seal on documents listed above:

A. a manual signature is the handwritten name of the registrant applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document. B. for electronic or digital documents transmitted to others in their native file format (e.g., AutoCAD, Revit, Word, or Excel), a digital signature with an electronic authentication process attached to or logically associated with the document. The digital signature must be as follows: 1. unique to the person using it; and 2. capable of verification; and 3. under the sole control of the person using it; and 4. linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed. C. for electronic or digital documents transmitted to others in a “pdf” or similar format that has modified the native file so that it is not easily altered, an electronic (scanned) signature is acceptable if it is an accurate depiction of the licensee’s actual signature. It is the responsibility of the landscape architect sealing the document to provide adequate security when documents with electronic seals and/or signatures are distributed.

Subject to the requirements of this rule, rubber stamp, transparent self-adhesive seals, or computer generated types may be used. Such stamps and seals shall not include the registrant’s signature and date of execution.

1.11.4 Any portion of working drawings or plans prepared by registered consultants shall bear the seal and signature of the consultant responsible.

1.11.5 No registrant shall affix his/her seal or signature to documents having titles or identities excluding the registrant's name unless: A. such documents were indeed developed by the registrant or under the registrant's direct control and personal supervision; and B. the registrant has exercised full authority to determine their development.

Commentary on Sealing Requirements: When produced by a landscape architect, or under the direct supervision and responsible control of a landscape architect, all plans and specifications submitted for bidding or permit purposes must be sealed by a landscape architect licensed in Mississippi.

History

• Source: Miss. Code Ann §§73-2-15 & 16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 1.12 Public Records

Public records shall be made available, pursuant to the Mississippi Public Records act, by written request, with the Committee responding to such requests within fourteen (14) working days. Appropriate administrative costs in relation to the processing of such requests will apply and will be due from the requesting party prior to delivery of any public records.

History

• Source: Miss. Code Ann §25-61-1, et seq.

30 Miss. Admin. Code Pt. 202, R. 1.13 Rule 1.13

Licensure of Members of the Military, Spouses and Dependents of Members of the Military, and Persons Who Establish Residence in This State.

A. Notwithstanding any other provision of law or the Rules and Regulations of the Board, the Committee shall issue a license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, if, upon application to the Committee, the applicant satisfies the following conditions: 1. The applicant has been awarded a military occupational specialty in landscape architecture, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty; or 2. The applicant holds a current and valid license to practice landscape architecture in another state, has held this license from the occupational licensing board in the other state for at least one (1) year, and, in the case of a person who establishes residence in this state, there were minimum education requirements and, if applicable, work experience and examination requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed in that state; and 3. 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

landscape architecture in Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the Committee under Mississippi law; and 4. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's landscape architectural work in another state; and 5. 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 Committee 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 Committee; and 6. The applicant pays all applicable fees in Mississippi.

B. Notwithstanding any other law or the Rules and Regulations of the Board, the Committee shall issue a license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state upon application based on work experience in another state, if all the following apply: 1. The applicant worked in a state that does not use a license, certificate, or registration to regulate landscape architecture; and 2. The applicant worked for at least three (3) years in the practice of landscape architecture; and 3. The applicant satisfies the provisions of paragraphs (3) through (6) of subsection (A) of this rule.

C. To demonstrate the above requirements, applicants shall furnish the following documents to the Committee: 1. Applicants awarded a military occupational specialty in landscape architecture shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. an official CLARB Council Certificate and Record or official military documents describing the content, nature, and requirements of the military training program in landscape architecture and evidence of the applicant completing and passing such program; and c. a sworn statement or statements by superior officers of the applicant attesting that the applicant has satisfactorily engaged in the active practice of landscape architecture in the military; and

d. a description of landscape architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and e. official military documents showing that the applicant received an honorable discharge from the military (if applicable); and f. other documentation consistent with Miss. Code Ann. §73-50-1 which may be requested by the Committee to verify the applicant’s training and experience. 2. Applicants holding a current and valid license in another state shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; or b. proof of residency in Mississippi, to be demonstrated by one (1) of the following: 1. State-issued identification card; or 2. Current Mississippi residential utility bill with the applicant’s name and address; or 3. Documentation of the applicant’s current ownership, or current lease of a residence in Mississippi; or 4. Documentation of current in-state employment or notarized letter of promise of employment of the applicant or his or her spouse; or 5. Any verifiable documentation demonstrating Mississippi residency. c. an official CLARB Council Certificate and Record, or an official record from the state of licensure, describing the applicant’s qualifications and verifying completion of the state’s education, experience, and examination requirements; and d. an official CLARB Council Certificate and Record, or an official record from the state of licensure, verifying that the applicant has held this license from the occupational licensing board in the other state for at least one (1) year and holds the applicant in good standing; and e. other documentation consistent with Miss. Code Ann. §§73-50-1 and 73- 50-2 which may be requested by the Committee to verify the applicant’s education, experience, and examination. 3. Applicants applying based on work experience in another state that does not use a license, certificate, or registration to regulate landscape architecture shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. sworn statements attesting that the applicant has satisfactorily engaged in the active practice of landscape architecture for at least three (3) years preceding the date of the application; and c. a description of landscape architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and

d. other documentation consistent with Miss. Code Ann. §§73-50-1 and 73- 50-2 which may be requested by the Committee to verify the applicant’s experience.

D. The Committee shall issue or deny the license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, within one hundred twenty (120) days after receiving an application. If the application requires longer than two (2) weeks to process, the Committee shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalty of perjury, affirming that he or she satisfies the provisions of this rule. The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirements for licensure in this rule.

History

• Source: Miss. Code Ann. §§73-2-11, 73-50-1, and 73-50-2

30 Miss. Admin. Code Pt. 202, R. 1.14 Definitions of Practices Exempt from Licensing

The following definitions shall apply to the exempted trades and professions identified in Miss. Code Ann. § 73-2-19: A. “Arborists” – Persons engaged in tree surgery work as defined in Miss. Code Ann. § 69- 19-5 and licensed by the Mississippi Department of Agriculture and Commerce as tree surgeons. B. “Floriculturists” – Persons engaged in horticultural and floricultural work as defined in Miss. Code Ann. § 69-19-5 and licensed by the Mississippi Department of Agriculture and Commerce as landscape horticulturists. C. “Foresters” – Persons licensed by the Mississippi Board of Registration for Foresters to practice forestry as defined in Miss. Code Ann. § 73-36-03. D. “Gardeners” – Persons engaged in horticultural and floricultural work as defined in Miss. Code Ann. § 69-19-5 and licensed by the Mississippi Department of Agriculture and Commerce as landscape horticulturists. E. “Golf course architects” – The Committee considers the term “golf course architects” to apply to persons who perform professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of a golf course, in accordance with accepted professional standards of public health and safety, or any individual certified by the American Society of Golf Course Architects engaging in the occupation of golf course design, specifically, the designing and preparation of all required working drawings. F. “Home builders” – Contractors holding the appropriate license issued by the Mississippi State Board of Contractors as defined in Title 31, Chapter 3, and Title 73, Chapter 59 of the Mississippi Code.

G. “Landscape contractor” – A contractor holding the appropriate license issued by the Mississippi State Board of Contractors as defined in Title 31, Chapter 3, and Title 73, Chapter 59 of the Mississippi Code. H. “Nurseryman” – A tradesman associated with a nursery that has been certified to sell nursery stock by the Mississippi Department of Agriculture and Commerce as required by the Mississippi Plant Act (Miss. Code Ann. §§ 69-25-1 through 69-25-47). I. “Ornamental horticulturists” – Persons engaged in horticultural and floricultural work as defined in Miss. Code Ann. § 69-19-5 and licensed by the Mississippi Department of Agriculture and Commerce as landscape horticulturists. J. “Regional and urban planners” – The Committee considers the term “regional and urban planners” to apply to planners who evaluate and develop land use plans to provide for regional and urban projections of growth patterns based on demographic needs and who hold a verifiable credential in that field. Under no circumstances may a person qualifying for an exemption under Miss. Code Ann. § 73- 2-19 make use of the title “landscape architect” unless such person shall have secured from the Mississippi State Board of Architecture a license as a landscape architect.

History

• Source: Miss. Code Ann. §73-2-19

Chapter 2 Professional Code of Conduct

30 Miss. Admin. Code Pt. 202, R. 2.1 Responsibility to the Public

2.1.1 The Landscape Architect's primary obligation shall be to protect the health, safety and welfare of the public in the performance of his/her professional duties.

2.1.2 A Landscape Architect is encouraged to seek professional employment on the basis of qualifications and competence for proper accomplishment of the work. This procedure discourages the Landscape Architect from submitting a price for services until the prospective client has selected, on the basis of qualifications and competence, one Landscape Architect or firm for negotiations; however, competitive price proposals may be considered for professional landscape architectural services under the following guidelines:

A. The prospective client has first sought statements of qualifications from interested registrants, and B. Those registrants chosen by the client on the basis of qualifications and competence for proper accomplishment of the work have received in writing a comprehensive and specific Scope of Work prepared by the client or the client’s representative that completely describes the factors affecting the required landscape architectural services, and C. Assurances have been given by the prospective client that factors in addition to price will be considered in selecting the professional Landscape Architect.

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 2.2 Competence

2.2.1 In practicing landscape architecture, a Landscape Architect shall act with care and competence, and shall apply the technical knowledge and skill which is required of Landscape Architects, practicing in the State of Mississippi.

2.2.2 In designing a project, a Landscape Architect shall take into account all applicable federal, state and local building laws and regulations. While a Landscape Architect may rely on the advice of other professionals (e.g. attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, a Landscape Architect shall not knowingly design a project in violation of such laws and regulations.

2.2.3 A Landscape Architect shall undertake to perform professional services only when he or she, together with those whom the Landscape Architect may engage as consultants, are qualified by education, training and experience in the specific technical areas involved.

2.2.4 No person shall be permitted to practice landscape architecture if, in the Committee's judgment, such person's professional competencies are substantially impaired by physical and/or mental disabilities. The assessment of impairment should be performed by an appropriately qualified professional.

2.2.5 A landscape architect, if properly qualified by training, education and experience, may perform construction management services without obtaining any additional license or certification, provided that the landscape architect does not perform any construction work on the project being managed.

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 2.3 Conflict of Interest

2.3.1 A Landscape Architect shall not accept compensation, financial or otherwise, for landscape architectural services from more than one party on the same project unless the circumstances are fully disclosed and agreed to by all interested parties and such disclosure and agreement are in writing.

2.3.2 A Landscape Architect shall not knowingly solicit or accept employment for professional

services for any work which another Landscape Architect has been exclusively employed to perform and with which work the other professional is no longer to have any connection, without first having been advised in writing by the Landscape Architect's prospective employer that the employment of the other professional has been terminated.

2.3.3 If a Landscape Architect has any business association or a direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the Landscape Architect's performance of professional services, the Landscape Architect shall fully disclose in writing to the Landscape Architect's client or employer the nature of the business association or financial interest, and if the client or employer objects to such business association for financial interest, the Landscape Architect will either terminate such association or interest or offer to give up the commission or employment.

2.3.4 A Landscape Architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education.

2.3.5 The Landscape Architect shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents or their parties in connection with work for which he/she is responsible.

2.3.6 When acting as the interpreter of building contract documents and/or the judge of contract performance, a Landscape Architect shall render decisions impartially, favoring neither party to the contract.

2.3.7 The Landscape Architect shall not solicit or accept a contract from a governmental body on which the Landscape Architect or a principal or officer of his/her organization serves as a member.

2.3.8 When a Landscape Architect is employed in a full or part-time position, he/she shall not use the advantages of his/her position to compete unfairly with other professionals. A Landscape Architect for any county, city or public entity board or agency, where plans or documents must be submitted to him/her for review, approval or a recommendation for approval, cannot review, approve or recommend approval of his/her own plans or documents, or plans or documents prepared by any member of the firm in which he/she is a member.

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 2.4 Full Disclosure

2.4.1 A Landscape Architect, making public statements on landscape architectural questions, shall disclose when the Landscape Architect is being compensated for making such statements or has an economic interest in the issue.

2.4.2 A Landscape Architect shall accurately represent to a prospective or existing client or employer the Landscape Architect's qualifications and the scope of the Landscape Architect's responsibility in connection with work for which the Landscape Architect is claiming credit.

2.4.3 The registrant shall not falsify or permit misrepresentation of his or her associates' academic or professional qualifications. He/she shall not misrepresent or exaggerate his/her degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates, joint ventures or past accomplishments.

2.4.4 If, in the course of the Landscape Architect's work on a project, a Landscape Architect becomes aware of a decision taken by the Landscape Architect's employer or client, against the Landscape Architect's advice, which violates applicable federal, state or local building laws and regulations and which will, in the Landscape Architect's judgment, materially and adversely affect the health and safety of the public on the finished project, the Landscape Architect shall: A. Refuse to consent to the decision, and B. Report the decision to the building inspector or other public official charged with enforcement of the applicable federal, state or local building laws and regulations, and C. In circumstances where the Landscape Architect reasonably believes that other such decisions will be taken notwithstanding his/her objection, terminate his/her services with reference to the project.

2.4.5 A Landscape Architect shall not deliberately make a false statement of a material issue or fail deliberately to disclose a material fact requested in connection with the Landscape Architect's application for registration or renewal or otherwise lawfully requested by the Committee.

2.4.6 False or malicious statements: A licensee shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or professional reputation or business of another member of the profession.

2.4.7 A licensee who has knowledge or reasonable grounds for believing that another individual or another member of his/her profession has violated any statute or rule regulating the practice of landscape architecture shall have the duty of presenting such information to the Committee.

2.4.8 A Landscape Architect shall not assist the application for registration of a person known by the Landscape Architect to be unqualified in respect to education, training, experience, or character.

2.4.9 In the case of where a firm name is considered a “trade name”, the name of at least one (1) landscape architect licensed in this state must appear on any announcement, stationary, printed matter or listing. Example: ABC Landscape Architects, John Doe, Landscape Architect

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 2.5 Compliance with the Law

2.5.1 A Landscape Architect shall not, in the conduct of the Landscape Architect's practice,

knowingly violate any state or federal criminal law directly related to the duties and responsibilities of the practice of landscape architecture.

2.5.2 The registrant shall not furnish services in such a manner as to enable unregistered persons to evade federal, state and local building laws and regulations, including building permit requirements.

2.5.3 A Landscape Architect shall neither offer nor make any payments or gifts to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the Landscape Architect is interested.

2.5.4 A Landscape Architect shall comply with the registration laws and regulations governing the Landscape Architect's professional practice in any United States jurisdiction.

2.5.5 No person shall use any titles, words, letters or abbreviations to denote a standard of professional competence that may mislead the public by implying landscape architect or landscape architecture without being duly licensed in this state or without clearly indicating by a written disclaimer the absence of licensure in Mississippi upon any and all instruments or documents on which such reference appears.

2.5.6 An individual seeking a landscape architectural commission or participating in a design competition for a project in Mississippi involving landscape architectural services shall be admitted to Mississippi for the purpose of offering to render landscape architectural services and for that purpose only if: A. The applicant holds a current and valid registration issued by a registration authority recognized by the Committee; and B. the applicant holds a CLARB Certificate; and C. the applicant notifies the Mississippi Committee in writing that: 1. individual holds a CLARB Certificate and is not currently registered in the state, but will be present in the state for the purpose of offering to render landscape architectural services, 2. individual will deliver a copy of the notice referred to in (C) to every potential client to whom the applicant offers to render landscape architectural services, 3. individual shall apply for a Mississippi license within 10 working days of the date of notification to the Mississippi Committee as provided in this paragraph, and 4. the individual consents to the jurisdiction of the Committee.

The individual shall be prohibited from actually rendering landscape architectural services until he/she has been licensed.

2.5.7 A Landscape Architect shall not offer, directly or indirectly, to pay a commission or other consideration or to make a political contribution or other gift in order to secure work, except for payment made to an employment agency for its services.

2.5.8 A Landscape Architect shall cooperate with the Committee in its investigation of complaints or possible violations of any statute or rule regulating the practice of landscape

architecture. This cooperation shall include responding timely to written communications from the Committee, providing any information or documents requested within thirty (30) days of the date on which the communication was mailed, and appearing before the Committee or its designee upon request.

2.5.9 A Landscape Architect shall not violate any lawful order of the Committee.

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 2.6 Professional Conduct

2.6.1 Each office maintained for the preparation of drawings, specifications, reports, or other professional work shall have a Landscape Architect resident, who is regularly employed in that office having direct control of such work.

2.6.2 A Landscape Architect shall not sign or seal drawings, specifications, reports or other professional work for which he or she does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of the portions of such professional work prepared by the Landscape Architect's consultants, registered under this or another professional registration of Mississippi, the Landscape Architect may sign or seal that portion of the professional work if the Landscape Architect has reviewed such portion, has coordinated its preparation and intends to be responsible for its adequacy.

2.6.3 A Landscape Architect shall neither make nor offer to make any gifts, other than that of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the Landscape Architect is interested.

2.6.4 A landscape architect shall not engage in conduct involving fraud or wanton disregard for the rights of others.

2.6.5 A landscape architect may issue a price proposal or bid for the design and construction of a public project only if doing so as a design/build bid where the bids for both design and construction are submitted in the same proposal in accordance with the design/build provisions for public projects per Miss. Code Ann. §31-7-13, or other applicable statutes or provisions.

2.6.6 In the case where a landscape architect is awarded the design contract for a project, whether public or private, which will be competitively bid, neither the landscape architect, nor any entity owned in whole or part by the landscape architect, may bid for the construction, installation and/or implementation of the project.

Commentary: The Committee has recently been made aware of situations in which a landscape architect prepared plans and specifications for a public project, and then bid on and was awarded the construction contract for the project. The Committee is of the opinion that such a situation potentially creates a conflict of interest for the landscape architect in that the landscape architect is the designer and the contractor for the project thus removing the checks and balances which assure that the project is constructed in accordance with the plans and

specifications.

2.6.7 In all professional reports, statements and testimony, each landscape architect shall be completely objective and truthful and include all relevant and pertinent information.

Title 30, Part 202, Chapter 3: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

History

• Source: Miss. Code Ann §73-2-16(2)(a)

30 Miss. Admin. Code Pt. 202, R. 3.1 Disciplinary Guidelines

The Committee shall follow the disciplinary procedures in the Rules and Regulations of the Mississippi State Board of Architecture (Title 30, Part 201, Chapter 5), to the extent that such Rules and Regulations are consistent with the Laws, Rules, and Regulations for landscape architects specifically excepting that any discipline to be imposed against a landscape architect shall be governed by the disciplinary guidelines set forth in Title 30, Part 202, Chapter 3 of the Rules and Regulations of the Landscape Architecture Advisory Committee.

The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating the Law and Rules of the Board. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of the law. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of the law or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties, i.e., suspension, revocation, etc., including lesser penalties, i.e., fine, probation, or reprimand which may be included in the final penalty at the Board's discretion. The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the above-mentioned statutes and rules:

A. Failure to stamp plans 1.11.2 Reprimand and $250 fine B. Failure to superimpose signature 1.11.3 Reprimand and $250 fine and/or date of execution over stamp C. Providing work not competent to perform 2.2.3 Reprimand and $1,000 fine D. "Plan Stamping" 2.6.2 Reprimand and $1,000 fine E. Attempting to procure license by providing §73-2-16 Revocation and $1,000 fine false, deceptive or misleading information (denial of license if application in process) F. Licensee disciplined by another jurisdiction 2.5.4 Committee discretion G. Conviction by any court of a felony relating §73-2-16 1 year suspension, 2 years to landscape architecture, except conviction probation and $1,000 fine of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence H. Practice on suspended license §73-2-16 Revocation and $1,000 fine I. Practice on inactive license §73-2-16 Fine based on length of time

in practice while inactive; penalty will require licensee to renew license or cease practice J. Practice on revoked license §73-2-16 Fine based on length of time in practice while revoked K. False, deceptive or misleading advertising §73-2-16 Cease and desist letter L. Fraudulent advertising §73-2-16 Public Reprimand, $1,000 fine and 1 year probation M. Negligence §73-2-16 Reprimand, 2 years probation and $1,000 fine N. Fraud or Deceit §73-2-16 Reprimand, 1 year suspension, 2 years probation and $1,000 fine O. Incompetence (mental or physical impairment) 2.2.4 Suspension until ability to practice proved, followed by probation P. Bribery to obtain clients or commissions 2.5.3 Revocation and $1,000 fine Q. Undisclosed conflict of interest §73-2-16 Reprimand, $1,000 fine and 2.3 2 years probation R. Aiding unlicensed practice Rule 2.5.2 Reprimand and $1,000 Fine S. Failure to comply with continuing education 4.5 Admonition and $500 fine requirements

The Committee shall be able to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of final penalty.

The Committee shall also have the right to collect any legal and/or administrative charges incurred by the agency during the course of the investigation.

History

• Source: Miss. Code Ann §73-2-16

Chapter 4 Mandatory Continuing Education Program

30 Miss. Admin. Code Pt. 202, R. 4.1 Purpose

Each registrant shall be required to meet the continuing education requirements of these guidelines. These guidelines provide for a mandatory continuing education program to insure that registered landscape architects remain informed of those technical and professional subjects the Committee deems appropriate to safeguard life, health, and promote the public welfare. Acquisition of the required units in conformance with this chapter is a condition precedent to renewal.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.2 Definitions

4.2.1 “CEU” - Continuing Education Unit. One CEU is equal to 50 minutes contact (clock) time. Twenty-four (24) CEUs are required. CEUs are not equivalent to learning units.

4.2.2 “Health/Safety/Welfare (HSW) Topics” - Technical and professional subjects which directly safeguard the health, safety, and welfare of the public as it relates to the practice of landscape architecture. Examples include, but are not limited to, site design, environmental or land use analysis, life safety, landscape architectural programming, site and soils analysis, accessibility, structural systems considerations, lateral forces, building codes, storm water management, playground safety, evaluation and selection of building systems, products or materials, construction methods, contract documentation, construction administration, and building design, etc.

4.2.3 “CE Committee” - The Continuing Education Committee shall consist of members of the Landscape Architecture Advisory Committee.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.3 Policy and Administration

The Committee shall have the following duties: A. To exercise general supervisory authority over the administration of these rules; and B. to establish regulations consistent with these rules; and C. to organize sub-committees and delegate executive authority.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.4 Scope and Exemptions

4.4.1 Scope: These rules shall apply to landscape architects licensed in the State of Mississippi as a condition precedent to renewal of registration on a biennial basis.

4.4.2 Exemptions - A registrant may be exempt from participating in the continuing education program for one of the following reasons: A. A first-time registrant by examination or first-time reciprocal registrant shall be exempt through his/her first application for renewal B. Participant is an emeritus status landscape architect C. Participant is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding one hundred and eighty (180) consecutive days during the biennial report period D. Hardship cases will be considered by the Committee on an individual basis. Any hardship request must be approved by the Committee in writing prior to the exemption being allowed. Acceptance or rejection of the hardship request shall be at the sole discretion of the Committee, whose decision shall be final and binding.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.5 Requirements

4.5.1 Each Mississippi registered landscape architect shall complete a minimum of twenty-four

(24) continuing education hours each biennial reporting period. One CEU shall represent a minimum of 50 minutes of actual course time. No credit will be allowed for introductory remarks, meals, breaks or business/administration matters related to courses of study.

4.5.2 Participants shall complete a minimum of 24 CEUs in health/safety/welfare course study. No less than 16 CEUs must be in structured course work, and no more than 8 CEUs may be obtained through self-directed activities. No single course or activity may be claimed more than once within the biennial reporting period.

4.5.3 Structured Activities - Registrants shall complete a minimum of 16 CEUs in structured course study. Structured course study shall consist of participation in educational activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study. The Board may require a detailed synopsis or report of CEUs claimed. Structured activities shall include the following: A. Attending professional or technical presentations at meetings, conventions, or conferences B. Attending in-house programs sponsored by corporations or other organizations C. Successfully completing seminars, tutorials, short courses, on-line courses, correspondence courses, televised courses, or videotaped courses D. Successfully completing college or university sponsored courses E. Successfully completing courses that are awarded continuing education credits by the provider

4.5.4 Self-Directed Activities - Registrants may complete a maximum of 8 CEUs in self-directed course study. Self-directed course study encourages flexibility of study by registrants and includes, but is not limited to, educational activities such as self-study courses sponsored by professional associations, organized individual or group study of professional specialization topics, or reading specific professional oriented books and articles. Self-directed activities must be health/safety/welfare related and shall include, but are not limited to, the following: 1. Reading books or magazine articles 2. Visiting architecturally significant sites 3. Viewing video presentations 4. Making professional or technical presentations at meetings, conventions, or conferences, or teaching/instructing a qualified presentation (initial presentation only) 5. (Teaching credit shall not apply to full-time faculty at a college, university, or other education provider except that a teacher or professor offering a new course, with documentation to prove the establishment of the new course, may claim credit after having taught the new course for the first time. Also, a teacher or professor may claim credit for a course the initial time he or she serves as the instructor or teacher for that course.) 6. Authoring published papers, articles, or books 7. Actively participating in a technical professional society or organization as an officer or committee member 8. Participating in activities that contribute to the welfare of the community and are directly related to the practice of landscape architecture 9. Mentoring a landscape architecture student and/or graduate who intends to seek

licensure as a landscape architect, or, if pre-approved by the Committee, other individuals who intend to seek licensure as a landscape architect. B. Self-directed activities are allowed provided that the registrant maintain, and present upon audit or the Committee’s request, a log and narrative which: 1. Accounts for the amount of time spent completing the activity; and 2. summarizes the content of the activity; and 3. provides satisfactory proof to the Committee that the activity is related to the health, safety, and welfare of the public, and 4. in the case of mentoring, the landscape architect shall also submit a written affidavit, signed by the individual being mentored, which documents the time the landscape architect has spent in mentoring activities.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.6 Biennial Report

4.6.1 Each participant shall submit an affidavit attesting to the registrant’s fulfillment of continuing education requirements during the preceding biennial period of two fiscal years ending December 31 of each odd year (example: January 1, 2006 through December 31, 2007). The affidavit shall be included with the application for license renewal. Only (6) CEUs from the previous reporting period will be permitted to carry-over.

4.6.2 Each affidavit shall be reviewed by the Committee and may be subject to audit for verification of compliance with requirements. Participants shall retain proof of fulfillment of requirements for a period of two years after submission in the event that the affidavit and biennial report is selected for audit. Such proof of fulfillment may include certificates, or a combination of receipts showing payment or registration, letters, travel receipts, agendas, copies of articles or book covers, a log of self-directed activities, or other documents which prove the registrant’s participation.

4.6.3 Audit reports must include proof that the registrant has completed any claimed activity in conformance with these guidelines and shall be provided in a format prescribed by the Committee.

4.6.4 The Committee may, upon audit for verification of compliance, disallow claimed credit for continuing education units. The participant shall have 90 calendar days after notification of disallowance of credit to substantiate the original claim or earn other CEU credit, which fulfill minimum requirements. Failure to substantiate the original claim or to earn other credit before the expiration of the 90 calendar days shall invalidate the renewal and the respondent’s license shall be immediately rendered inactive.

History

• Source: Miss. Code Ann §73-2-15

30 Miss. Admin. Code Pt. 202, R. 4.7 Acceptable Providers of Continuing Education

Acceptable providers of continuing education include, but are not limited to, the following:

• Landscape Architecture Continuing Education System (LA CES)

• American Society of Landscape Architects (ASLA) • Council of Landscape Architectural Registration Boards (CLARB) • National Society of Professional Engineers (NSPE) • American Institute of Architects (AIA) • Agencies of the state or federal government offering training programs in landscape architecture • Accredited colleges and universities offering training programs in landscape architecture.

History

• Source: Miss. Code Ann §73-2-15

Part 203 Interior Designer Advisory Committee to the Mississippi State Board of Architecture

Chapter 1 General Provisions

30 Miss. Admin. Code Pt. 203, R. 1.1 Definitions

A. “IDAC” – The Mississippi Interior Designer Advisory Committee to the Mississippi State Board of Architecture. B. “Board” – The Mississippi State Board of Architecture. C. “CIDQ” – The Council for Interior Designer Qualification (formerly the NCIDQ, The National Council for Interior Designer Qualification). D. “NCIDQ Exam” – Interior Designer Qualification Exam (Formerly the IDQE, Interior Designer Qualification Examination.

History

• Source: Miss. Code Ann.§73-73-5

30 Miss. Admin. Code Pt. 203, R. 1.2 Fees

A. Application for certification 175.00 B. Biennial renewal 250.00 C. Reinstatement of an expired certificate 550.00 D. Electronic roster of certificate holders 50.00 E. Duplicate wall certificate 40.00 F. File transfer to another jurisdiction 25.00 G. Non-sufficient funds check 40.00 H. Photo copies (per single sided sheet) .25 I. Laser printed pages (per single page) .25

History

• Source: Miss. Code Ann.§73-73-25(c)

30 Miss. Admin. Code Pt. 203, R. 1.3 Certificates

A. A Certificate, suitable for framing, bearing the full name of the certificate holder, the certificate holder’s certification number, and the date of certification shall be issued to each new certificate holder. Certificates are to be maintained and posted in the primary business offices in which the certificate holder conducts business. B. A printable certificate of standing shall be made available online to active certificate holders, and shall indicate the certificate status as of the date accessed and the upcoming expiration date.

History

• Source: Miss. Code Ann.§73-73-21.

30 Miss. Admin. Code Pt. 203, R. 1.4 Contact Information

A. A Certified Interior Designer shall advise IDAC of any change of address or change in employment within thirty (30) days after the change. B. A Certified Interior Designer shall notify IDAC of changes in their email address within thirty (30) days of the change.

History

• Source: Miss. Code Ann.§73-73-25(b) & (f)

30 Miss. Admin. Code Pt. 203, R. 1.5 Rule 1.5

Use of Title Any person who is represented as a certified interior designer in this state, by use of words, titles, letters or abbreviations, shall provide disclosure or a disclaimer as to the absence of certification if the person is not certified by the State of Mississippi.

History

• Source: Miss. Code Ann.§73-73-3 and §73-73-5

Chapter 2 Applications for Examination and Certification

30 Miss. Admin. Code Pt. 203, R. 2.1 Applications

A. Any applicant for certification must have met the requirements of Miss. Code Ann. §§73- 73-7 or 73-73-9. B. An applicant for certification must provide documentation of having met the requirements of Miss. Code Ann. §§73-73-7 or 73-73-9, which shall include submittal of the applicant’s CIDQ record documenting successful completion of all or part of the NCIDQ Exam. C. Applications for certification shall be properly and fully executed on forms provided by IDAC. D. Payment in accordance with the fee schedule outlined in Chapter 1 shall accompany the application for certification. E. All applications shall be considered individually and approved or rejected by a majority vote of IDAC, subject to approval and ratification by the Board. F. Personal appearances before IDAC, if required by IDAC, shall be at a time and place designated by IDAC. G. Failure to supply additional evidence or information within sixty (60) days from the date of written request from IDAC or to appear before IDAC, when such an appearance is deemed necessary, may be considered just and sufficient cause for rejection of the application. H. Applications for certification shall expire after a six (6) month interval during which there is no activity. I. No application for certification may be withdrawn except upon the express written consent of IDAC which consent shall be in the sole and exclusive discretion of the IDAC. In no event shall an application be allowed to be withdrawn if IDAC has determined or has reasonable cause to believe that an applicant has violated any of the provisions of Miss. Code Ann.§73-73-1 et seq. or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by IDAC.

History

• Source: Miss. Code Ann.§73-73-7 & Miss. Code Ann.§73-73-9.

30 Miss. Admin. Code Pt. 203, R. 2.2 Examinations

Every applicant for certification must complete the NCIDQ Exam as administered by CIDQ prior to applying for certification.

History

• Source: Miss. Code Ann. §§73-73-9 and 73-73-7(2)(a).

30 Miss. Admin. Code Pt. 203, R. 2.3 Certification

The following may apply for certification per Miss. Code Ann.§73-73-7 through the process outlined: A. An applicant who completed all sections of the NCIDQ Exam prior to January 1, 2012 must: 1. Submit the application for certification required by IDAC; and 2. Request that CIDQ transmit the NCIDQ Exam examination record to IDAC; and 3. Submit any other documents which might be requested by IDAC. 4. Upon receipt of these documents, IDAC shall consider the application for certification.

B. An applicant who has a degree in interior design from a program accredited by the CIDA; or an applicant who has a four-year degree in interior design accepted by CIDQ; or an applicant who has a degree in architecture from a program accredited by the National Architectural Accreditation Board shall: 1. Take and pass all sections of the NCIDQ Exam as administered by CIDQ; and 2. Request that CIDQ transmit the education, experience and examination record to IDAC; and 3. Submit any other documents which might be requested by IDAC; and 4. Submit the application for certification required by IDAC. 5. Upon receipt of these documents, IDAC shall consider the application for certification.

C. An applicant who is a licensed architect in Mississippi but who does not have a NAAB accredited degree or an applicant who is a licensed professional engineer in Mississippi must: 1. Submit proof of licensure as an architect or professional engineer to IDAC; and 2. Submit proof of having acquired 5,280 hours of qualified interior designer experience per CIDQ requirements; and 3. Submit any other documents which might be requested by IDAC; and 4. Submit the application for certification required by IDAC; and 5. Take and pass all sections of the NCIDQ Exam; and 6. Request that CIDQ transmit the examination record to IDAC to document successful completion of the NCIDQ Exam; and 7. Upon receipt of these documents, IDAC shall consider the application for certification.

History

• Source: Miss. Code Ann.§73-73-7

30 Miss. Admin. Code Pt. 203, R. 2.4 Rule 2.4

Certification of Members of the Military, Spouses and Dependents of Members of the Military, and Persons Who Establish Residence in This State.

A. Notwithstanding any other provision of law or the Rules and Regulations of the Board, the IDAC shall issue a certificate to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, if, upon application to the IDAC, the applicant satisfies the following conditions: 1. The applicant has been awarded a military occupational specialty in interior design, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty; or 2. The applicant holds a current and valid interior designer license or certificate in another state, has held this license or certificate from the occupational licensing board in the other state for at least one (1) year, and, in the case of a person who establishes residence in this state, there were minimum education requirements and, if applicable, work experience and examination requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed or certified in that state; and 3. The applicant has not committed any act in the other state that would have constituted grounds for refusal, suspension or revocation of an interior designer certificate in Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the IDAC under Mississippi law; and 4. The applicant did not surrender a license or certificate because of negligence or intentional misconduct related to the applicant's interior design work in another state; and 5. 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 IDAC shall not issue or deny a certificate to the applicant until the complaint, allegation or investigation is resolved, or the applicant otherwise satisfies the criteria for certification in Mississippi to the satisfaction of the IDAC; and 6. The applicant pays all applicable fees in Mississippi.

B. Notwithstanding any other law or the Rules and Regulations of the Board, the IDAC shall issue a certificate to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state upon application based on work experience in another state, if all the following apply: 1. The applicant worked in a state that does not use a license, certificate, or registration to regulate interior design; and

2. The applicant worked for at least three (3) years in the practice of interior design; and 3. The applicant satisfies the provisions of paragraphs (3) through (6) of subsection (A) of this rule.

C. To demonstrate the above requirements, applicants shall furnish the following documents to the IDAC: 1. Applicants awarded a military occupational specialty in interior design shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. an official CIDQ Record or official military documents describing the content, nature, and requirements of the military training program in interior design and evidence of the applicant completing and passing such program; and c. a sworn statement or statements by superior officers of the applicant attesting that the applicant has satisfactorily engaged in the active practice of interior design in the military; and d. a description of interior design projects completed by the applicant and samples of contract documents prepared by the applicant; and e. official military documents showing that the applicant received an honorable discharge from the military (if applicable); and f. other documentation consistent with Miss. Code Ann. §73-50-1 which may be requested by the IDAC to verify the applicant’s training and experience. 2. Applicants holding a current and valid license or certificate in another state shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; or b. proof of residency in Mississippi, to be demonstrated by one (1) of the following: i. State-issued identification card; or ii. Current Mississippi residential utility bill with the applicant’s name and address; or iii. Documentation of the applicant’s current ownership, or current lease of a residence in Mississippi; or iv. Documentation of current in-state employment or notarized letter of promise of employment of the applicant or his or her spouse; or v. Any verifiable documentation demonstrating Mississippi residency. c. an official CIDQ Record, or an official record from the state of licensure or certification, describing the applicant’s qualifications and verifying completion of the state’s education, experience, and examination

requirements; and d. an official CIDQ Record, or an official record from the state of licensure or certification, verifying that the applicant has held this license or certificate from the occupational licensing board in the other state for at least one (1) year and holds the applicant in good standing; and e. other documentation consistent with Miss. Code Ann. §§73-50-1 and 73- 50-2 which may be requested by the IDAC to verify the applicant’s education, experience, and examination. 3. Applicants applying based on work experience in another state that does not use a license, certificate, or registration to regulate interior design shall provide: a. proof that the applicant is a member of the military or a military spouse or dependent; and b. sworn statements attesting that the applicant has satisfactorily engaged in the active practice of interior design for at least three (3) years preceding the date of the application; and c. a description of interior design projects completed by the applicant and samples of contract documents prepared by the applicant; and d. other documentation consistent with Miss. Code Ann. §§73-50-1 and 73- 50-2 which may be requested by the IDAC to verify the applicant’s experience.

D. The IDAC shall issue or deny the certificate to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, within one hundred twenty (120) days after receiving an application. If the application requires longer than two (2) weeks to process, the IDAC shall issue a temporary certification within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalty of perjury, affirming that he or she satisfies the provisions of this rule. The applicant may use the title “Mississippi Certified Interior Designer” under the temporary certification until a certificate is granted, or until a notice to deny the certificate is issued. A temporary certification will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirements for certification in this rule.

History

• Source: Miss. Code Ann. §§73-2-11, 73-50-1, and 73-50-2

Chapter 3 Renewal and Reinstatement of Certification

30 Miss. Admin. Code Pt. 203, R. 3.1 Renewals

The biennial certificate renewal fee shall be due on or before January 31 st of each even numbered calendar year, after which penalties will be added at a rate of $5.00 per month beginning on February 1 of each even numbered year up until midnight on June 1 st of the same even numbered year. After June 1 st the certificate stands expired and the individual must apply for reinstatement of an expired certificate in order to return to active status.

History

• Source: Miss. Code Ann.§73-73-15(1&2)

30 Miss. Admin. Code Pt. 203, R. 3.2 Reinstatement of Certificate

A certificate holder that allows certification to lapse after June 1 st of the even numbered calendar year in which it was due will be required to reinstate said certification by filing an application for reinstatement of an expired certificate supplied by IDAC, paying the reinstatement fee and providing the following information: A. A list of work experience since the date the certificate officially lapsed; and B. Certification that the applicant has not used the title or held himself or herself out as a Mississippi Certified Interior Designer during the time in which the certification was inactive or lapsed; and C. Certification that the applicant has acquired twelve (12) units of continuing education within the twenty-four month (24) period immediately prior to the date on which the application for reinstatement is submitted. The type of activity and content of continuing education hours must be in accordance with the provisions set forth in Chapter 4 and reported in a format acceptable to IDAC.

History

• Source: Miss. Code Ann.§73-73-15(2)

30 Miss. Admin. Code Pt. 203, R. 3.3 Emeritus Status

A. Certified Interior Designers who have been certified in this state for ten (10) consecutive years and who are retired may request "Emeritus Status" by filing an application showing compliance with the requirements of this section. An emeritus status applicant must be either sixty-five (65) years of age or older or the applicant must prove, to the IDAC’s satisfaction, that they are physically or mentally unable to participate in active practice. Any card, letter, title, sign or device shall specify "Emeritus Certified Interior Designer" in reference to the holder. B. In order to return to active status, an Emeritus Certified Interior Designer must follow the procedures and meet the requirements for reinstatement, including continuing education requirements as set forth in Chapter 4.

History

• Source: Miss. Code Ann.§73-73-25(f)

Chapter 4 Continuing Education

30 Miss. Admin. Code Pt. 203, R. 4.1 Mandatory Continuing Education

A. The mandatory continuing education requirements shall commence on February 1, 2014, and shall be reported as required on the 2016 and subsequent renewal applications unless the applicant is otherwise exempted from these provisions. B. Each certificate holder shall be required to meet the continuing education requirements of these guidelines. These guidelines provide for a mandatory continuing education program to insure that certified interior designers remain informed of those technical and professional subjects IDAC deems appropriate to safeguard life, health, and promote the public welfare. Acquisition of the required units in conformance with this chapter is a condition precedent to renewal. C. Definitions: 1. “CEU” - Continuing Education Unit. One CEU shall represent a minimum of 50 minutes of actual course time. No credit will be allowed for introductory remarks, meals, breaks or business/administration matters related to courses of study. 2. “Health/Safety/Welfare (HSW) Topics” - Technical and professional subjects which directly safeguard the health, safety, and welfare of the public as it relates to certified interior design. Examples include, but are not limited to, knowledge of legal codes, building regulations and product performance standards and topics such as energy efficiency, acoustics, sustainability, lighting and fire and life-safety systems that are implemented to protect the public and the environment. D. Requirements 1. Each Mississippi Certified Interior Designer shall complete a minimum of twelve (12) CEUs in HSW topics each biennial reporting period. 2. The reporting period shall be concurrent with the certification period, that being February 1st of the even numbered year of renewal until January 31st of the next even numbered year. E. Scope - These rules shall constitute a condition precedent to renewal of certification on a biennial basis for any person certified as an interior designer by the State of Mississippi. F. Acceptable structured educational activities, which must be health, safety and welfare related, shall include the following: 1. Attending professional or technical presentations or lectures at meetings, conventions, or conferences; and 2. Attending in-house programs sponsored by corporations or other organizations 3. Successfully completing seminars, tutorials, short courses, on-line courses, correspondence courses, televised courses, or videotaped courses; and 4. Successfully completing college or university sponsored courses; and 5. Successfully completing courses that are awarded continuing education credits by the provider. G. Biennial Report 1. Each certificate holder shall submit an affidavit attesting to the certificate holder’s fulfillment of continuing education requirements during the preceding biennial certification period, which is the CEU reporting period. The affidavit shall be included with the application for certificate renewal.

2. Each affidavit shall be reviewed by IDAC and may be subject to audit for verification of compliance with requirements. 3. Certificate holders shall retain proof of fulfillment of requirements for a period of two (2) years after submission in the event that the affidavit and biennial report is selected for audit. Such proof of fulfillment may include certificates, or a combination of receipts showing payment or certification, letters, travel receipts, agendas, personal notes, or other documents which prove the certificate holder’s participation in each activity for which credit is claimed. 4. Audit reports must include proof that the certificate holder has completed any claimed activity in conformance with these guidelines and shall be provided in a format prescribed by IDAC. 5. IDAC may, upon audit for verification of compliance, disallow claimed credit for continuing education units. The certificate holder shall have Ninety (90) calendar days after notification of disallowance of credit to substantiate the original claim or earn other CEU credit, which fulfill minimum requirements. Failure to substantiate the original claim or to earn other credit before the expiration of the Ninety (90) calendar days shall invalidate the renewal and the certificate holder shall be immediately rendered inactive. H. Penalty for Late Units - The base penalty for continuing education units claimed on a renewal but earned after the last day of the CEU reporting period, which is January 31st of even numbered calendar years, shall be $200, to which will be added a penalty fee of $25 per late CEU per month for each month after the close of the CEU reporting period. Any CEUs earned after the close of the CEU reporting period are considered late. The penalty fee formula is as follows: Base penalty of $200.00 + ($25 penalty x no. of CEUs late x no. of months late) = late CEU penalty. I. Exemptions - A certificate holder may be exempt from participating in the continuing education requirement for one of the following reasons: 1. A first-time certificate holder shall be exempt for his/her first application for renewal; or 2. Certificate holder is an Emeritus Certified Interior Designer; or 3. Certificate holder has, prior to renewal, received a hardship exemption from the IDAC; or 4. Certificate holder is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding one hundred and eighty (180) consecutive days during the biennial report period. 5. Hardship Consideration - Hardship cases will be considered by IDAC on an individual basis. Any hardship request must be approved by IDAC in writing prior to the exemption being allowed. Acceptance or rejection of the hardship request shall be at the sole discretion of IDAC, whose decision shall be final and binding. Requests for hardship must be submitted in writing.

History

• Source: Miss. Code Ann.§73-73-13

Chapter 5 Professional Code of Conduct

30 Miss. Admin. Code Pt. 203, R. 5.1 Competence

A. A Certified Interior Designer shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by Certified Interior Designers of good standing providing certified interior design services in the same locality. Commentary - Although many of the existing rules of conduct fail to mention standards of competence, it is clear that the public expects that incompetence will be disciplined and, where appropriate, will result in revocation of the certification. Rule 5.1(a) sets forth the common law standard which has existed in this country for a hundred years or more in judging the performance of design professionals. While some courts have stated that a design professional, like the manufacturer of goods, impliedly warrants that the design professional’s design is fit for its intended use, this rule specifically rejects the minority standard in favor of the standard applied in the vast majority of jurisdictions that the design professional need be careful but not always right. In an age of national television, national universities, a national certification exam, and the like, the reference to the skill and knowledge applied in the same locality may be less significant than it was in the past when there was a wide disparity across the face of the United States in the degree of skill and knowledge which a design professional was expected to bring. Nonetheless, the courts have still recognized this portion of the standard, and it is true that what may be expected of a design professional in a complex urban setting may vary from what is expected in a simpler, rural situation. B. In designing a project, a Certified Interior Designer shall take into account all applicable federal, state and municipal building laws and regulations. While a Certified Interior Designer may rely on the advice of other professionals (e.g., attorneys, architects, engineers, and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, a Certified Interior Designer shall not knowingly design a project in violation of such laws and regulations. Commentary - It should be noted that the rule is limited to applicable state and municipal building laws and regulations. Every major project being built in the United States is subject to a multitude of laws, in addition to the applicable building laws and regulations. As to these other laws, it may be negligent of the Certified Interior Designer to have failed to take them into account, but the rule does not make the Certified Interior Designer specifically responsible for such other laws. Even the building laws and regulations are of sufficient complexity that the Certified Interior Designer may be required to seek the interpretation of other professionals. The rule permits the Certified Interior Designer to rely on the advice of other such professionals. C. A Certified Interior Designer shall undertake to perform certified interior design services only when the Certified Interior Designer, together with those whom the Certified Interior Designer may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved and is capable of discharging the fiduciary duties involved with the services provided.

Commentary - While a Certified Interior Designer is certified to undertake any project which falls within certified interior design, the Certified Interior Designer must understand and be limited by the limitations on the Certified Interior Designer’s own capacity and knowledge. Where a Certified Interior Designer lacks experience, the rule supposes that the Certified Interior Designer will retain consultants who can appropriately supplement the Certified Interior Designer’s own capacity. If a Certified Interior Designer undertakes to do a project where the Certified Interior Designer lacks knowledge and where the Certified Interior Designer does not seek supplementing consultants, the Certified Interior Designer has violated the rule. D. No person shall be permitted to use the title Certified Interior Designer if, in the Board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities. Commentary - Here the Board is given the opportunity to revoke or suspend certification when the Board has suitable evidence that the certificate holder's professional competence is impaired by physical or mental disabilities. Thus, the Board need not wait until a building fails in order to revoke the certification of a Certified Interior Designer whose addiction to alcohol, for example, makes it impossible for the Certified Interior Designer to perform the Certified Interior Designer’s professional services with necessary care.

History

• Source: Miss. Code Ann.§73-73-25(2)(h)

30 Miss. Admin. Code Pt. 203, R. 5.2 Conflict of Interest

A. A Certified Interior Designer shall not accept compensation for certified interior design services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all interested parties, such disclosure and agreement to be in writing. Commentary - This rule recognizes that in some circumstances a Certified Interior Designer may receive compensation from more than one party involved in a project but that such bifurcated loyalty is unacceptable unless all parties have understood it and accepted it. B. A Certified Interior Designer shall not knowingly solicit or enter into a contract for certified interior design services for any work which another Certified Interior Designer has been exclusively contracted to perform and with which work the other Certified Interior Designer is no longer to provide any certified interior design services, without first having been advised in writing by the Certified Interior Designer's prospective client that the contract with the other Certified Interior Designer has been terminated. C. If a Certified Interior Designer has any business association or a direct or indirect financial interest which is substantial enough to influence the Certified Interior Designer’s judgment in connection with the Certified Interior Designer's performance, the Certified Interior Designer shall fully disclose in writing to the Certified Interior Designer's client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the Certified Interior Designer will either terminate such association or interest or offer to give up the commission or employment.

Commentary – Like Rule 5.2 (a), this rule is directed at conflicts of interest. It requires disclosure by the Certified Interior Designer of any interest which would affect the Certified Interior Designer's performance. D. A Certified Interior Designer shall not solicit or accept compensation from contractors, vendors, or material or equipment suppliers in return for specifying or endorsing their companies or products in any project for which the Certified Interior Designer has been employed. Commentary - This rule appears in most of the existing state standards. It is absolute and does not provide for waiver by agreement. E. When acting as the interpreter of interior design documents and/or the judge of contract performance, a Certified Interior Designer shall render decisions impartially, favoring neither party to the contract. Commentary - This rule applies only when the Certified Interior Designer is acting as the interpreter of interior design documents and the judge of contract performance. The rule recognizes that this is not an inevitable role and there may be circumstances (for example, where the Certified Interior Designer has an interest in the owning entity) in which the Certified Interior Designer may appropriately decline to act in those two roles. In general, however, the rule governs the customary interior design industry relationship where the Certified Interior Designer, though paid by the owner and owing the owner loyalty, is nonetheless required, in fulfilling the Certified Interior Designer’s role in the typical interior design documents, to act with impartiality.

History

• Source: Miss. Code Ann.§73-73-25(2)(h)

30 Miss. Admin. Code Pt. 203, R. 5.3 Compliance with Laws

A. A Certified Interior Designer shall not, in the conduct of providing certified interior design services, knowingly violate any state or federal criminal law directly related to the duties and responsibilities of the practice of interior design. Commentary - This rule is concerned with the violation of a state or federal criminal law while in the conduct of certified interior design. Thus, it does not cover criminal conduct entirely unrelated to certified interior design. It is intended, however, that Rule 5.5 (D) will cover reprehensible conduct on the part of the Certified Interior Designer not embraced by Rule 5.3 (A). B. A Certified Interior Designer shall neither offer nor make any payments or gifts of substantial value to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the Certified Interior Designer is interested. Commentary – Rule 5.3 (B) tracks a typical bribe statute. It is covered by the general language of Rule 5.5 (C), but it was the Committee's view that Rule 5.3 (B) should be explicitly set out in the Rules of Conduct. Note that all of the rules under this section look to the conduct of the Certified Interior Designer and not to whether or not the Certified Interior Designer has actually been convicted under a criminal law. A Certified Interior Designer who bribes a public official is subject to discipline by the state certification board, whether or not the Certified Interior Designer has been convicted under the state criminal procedure.

C. A Certified Interior Designer shall comply with the laws and regulations governing providing of interior design services in any United States jurisdiction. A Certified Interior Designer may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the Certified Interior Designer is disciplined in any United States jurisdiction.

History

• Source: Miss. Code Ann.§73-73-25(2)(h)

30 Miss. Admin. Code Pt. 203, R. 5.4 Full Disclosure

A. A Certified Interior Designer, making public statements on certified interior design questions, shall disclose when the Certified Interior Designer is being compensated for making such statement. B. A Certified Interior Designer shall accurately represent to a prospective or existing client or employer the Certified Interior Designer's qualifications and the scope of the Certified Interior Designer's responsibility in connection with work for which the Certified Interior Designer is claiming credit. C. It shall be the responsibility of each Certified Interior Designer to clearly and appropriately state prior experience of the Certified Interior Designer and/or the firm the Certified Interior Designer is representing in presenting qualifications to prospective clients, both public and private. If a Certified Interior Designer uses visual representations of prior projects or experience, all certified interior designers-of-record must be clearly identified. Certified interior designer-of-record means persons or entities which provided the plans, specifications and/or interior design documents. D. A Certified Interior Designer who has been an employee of another Certified Interior Designer may not claim unconditional credit for projects contracted for in the name of the previous employer. The Certified Interior Designer shall indicate, next to the listing for each project, that individual experience gained in connection with the project was acquired as an employee, the time frame in which the project was performed, and identify the previous Certified Interior Design firm. The Certified Interior Designer shall also describe the nature and extent of the Certified Interior Designer’s participation in the project. E. A Certified Interior Designer who was formerly a principal in a firm may legitimately make additional claims provided the Certified Interior Designer discloses the nature of ownership in the previous firm (e.g. stockholder, director or officer) and identifies with specificity the Certified Interior Designer’s responsibilities for that project. F. A Certified Interior Designer who presents a project that has received awards recognition must comply with the requirements of Rule 5.4 (B) and (C) with regard to project presentation to the public and prospective clients. G. Projects which remain incomplete and which are listed as credit shall be listed as “incomplete” or a similar designation. Commentary - Many important projects require a team of designers to do the work. There have been instances when individual members of that team have claimed greater credit for the project than was appropriate to their actual work performed. It should be noted that a young Certified Interior Designer who develops experience working under a more senior Certified Interior Designer has every right to claim credit for the work which the young Certified Interior

Designer actually performed. On the other hand, the public must be protected from believing that the younger Certified Interior Designer's role was greater than was the fact. If a brochure represents an employee’s involvement on a specific project while employed by another firm, the brochure provided shall include the employee’s specific responsibilities on the project and the Certified Interior Designer of record for the project. H. The certificate holder shall not falsify or permit misrepresentation of an associate's academic qualifications. The Certified Interior Designer shall not misrepresent or exaggerate the Certified Interior Designer’s degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, location of offices or residency, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing the Certified Interior Designer’s qualifications and/or work. I. If, in the course of the Certified Interior Designer's work on a project, a Certified Interior Designer becomes aware of a decision taken by the Certified Interior Designer's employer or client against the Certified Interior Designer's advice, which violates applicable federal, state or municipal building laws and regulations and which will, in the Certified Interior Designer's judgment, materially and adversely affect the safety to the public of the finished project, the Certified Interior Designer shall: 1. Report the decision to the architect of record, the local building inspector or other public official charged with enforcement of the applicable state or municipal building laws and regulations; and 2. Refuse to consent to the decision; and 3. In circumstances where the Certified Interior Designer reasonably believes that other such decisions will be taken notwithstanding the Certified Interior Designer’s objection, the Certified Interior Designer shall terminate the Certified Interior Designer’s services with reference to the project. Commentary - In the circumstances described, the Certified Interior Designer is compelled to report the matter to the architect of record or a public official even though to do so may substantially harm the Certified Interior Designer's client. Note that the circumstances are a violation of building laws which adversely affect the safety to the public of the finished project. While a proposed technical violation of building laws (e.g., a violation which does not affect safety) will cause a responsible Certified Interior Designer to take action to oppose its implementation, it does not make such a proposed violation trigger the provisions of this rule. J. A Certified Interior Designer shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with the Certified Interior Designer's application for certification or renewal or otherwise lawfully requested by the Board. Commentary - The board which grants certification or renews certification on the basis of a misrepresentation by the applicant must have the power to revoke that certification. K. A Certified Interior Designer shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or

business reputation of another Certified Interior Designer. L. A Certified Interior Designer shall not assist the application for certification of a person known by the Certified Interior Designer to be unqualified in respect to education, training, experience, or character. M. A Certified Interior Designer who has knowledge or reasonable grounds for believing that another Certified Interior Designer has violated any statute or rule regulating the certification of interior designers shall have the duty of presenting such information to the Board. Failure to report such acts may result in disciplinary action by the Board. Commentary - This rule has its analogue in the Rules of Professional Conduct for lawyers. Its thrust is consistent with the special responsibility which the public expects from Certified Interior Designers.

History

• Source: Miss. Code Ann.§73-73-25(2)(h)

30 Miss. Admin. Code Pt. 203, R. 5.5 Professional Conduct

A. Any office which is advertised as providing certified interior design shall have a Certified Interior Designer resident and regularly employed in that office having direct knowledge and supervisory control of such work. Commentary - This rule addresses the subject of main, branch or satellite offices of a certified interior design firm and protects the public in that such offices are continually supervised by a Certified Interior Designer certified in the jurisdiction where the office is located. B. “Responsible control” shall be control over all phases of the interior design of a project as is ordinarily exercised by Certified Interior Designers applying the required standard of care, including, but not limited to control over and detailed knowledge of the content of technical submissions throughout preparation by the Certified Interior Designer and the Certified Interior Designer’s employees. C. A Certified Interior Designer shall neither make nor offer to make any gifts, other than gifts of nominal value (included, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the Certified Interior Designer is interested. Commentary – Rule 5.5 (C) is the correlative of Rule 5.3 (B), but the latter describes criminal conduct under most state laws for it involves both "private bribes" (which are ordinarily not criminal in nature) and the unseemly conduct of using bribery to obtain work. Note that the rule realistically excludes reasonable entertainment and hospitality and other gifts of nominal value. D. A Certified Interior Designer shall not engage in conduct involving fraud or wanton disregard for the rights of others. E. A Certified Interior Designer, acting individually or through a firm, association or corporation shall not request, propose, or accept an agreement, contract, or commission for certified interior design services on a "contingency basis" under which the Certified Interior Designer’s judgment may be compromised or when a contingency provision is used as a device for promoting or securing an agreement, contract, or commission, either for additional commissions or projects or for performing further services on the project involved. For purposes of adjudging the provisions of this section "contingency basis" will also be interpreted to include the preparation of preliminary reports and/or

applications for funds or for reviewing for approval where the fee involved is to be paid only after such submission or approval, or in an amount substantially below the cost of performing the services. Commentary - This provision reflects directly on the increasing custom of soliciting submittals from Certified Interior Designers with compensation to the Certified Interior Designer contingent upon the occurrence of a particular event, i.e.: the funding of the project. The Certified Interior Designer is requested to provide services with the possibility of receiving no, or a substantially reduced, fee. If this occurs, selection of the Certified Interior Designer is based upon conditions other than qualifications. Additionally, this encourages the Certified Interior Designer to perform substandard or inadequate work which may endanger the life, health or safety of the public.

History

• Source: Miss. Code Ann.§73-73-25(2)(h)

Chapter 6 Miscellaneous Administrative Procedures

30 Miss. Admin. Code Pt. 203, R. 6.1 Statutory Authority

The State Legislature granted Statutory Authority for Certified Interior Designers in 2011. Section 73-73-1 et seq., of the Mississippi code of 1972, Annotated provides for the certification requirements as well as the use of the title “Mississippi Certified Interior Designer.”

History

• Source: Miss. Code Ann.§73-73-1

30 Miss. Admin. Code Pt. 203, R. 6.2 Non-Discrimination

The IDAC does not discriminate against any applicant, candidate, or issue certificates because of race, color, creed, sex, religion, national origin, age, physical handicap, disability, or political affiliation.

History

• Source: Miss. Code Ann.§43-33-723; §25-9-103

30 Miss. Admin. Code Pt. 203, R. 6.3 Board Operations

A. The IDAC is located at 2 Professional Parkway #2B, Ridgeland, MS 39157. The IDAC’s telephone number is 601-856-4652. The IDAC’s website address is www.msboa.ms.gov. B. The public may obtain a description of the IDAC organization and their general course and method of operation from the Rules and Regulations of the IDAC and by reviewing Miss. Code Ann.§73-73-1 et seq. C. The IDAC’s rules and regulations are on file with the Mississippi Secretary of State, and may also be viewed on the IDAC’s website, or a copy may be obtained by submitting a written request to the IDAC.

History

• Source: Miss. Code Ann.§73-73-25

30 Miss. Admin. Code Pt. 203, R. 6.4 Records and Public Records Requests A

All records of the IDAC which deal with applications, examinations, ongoing investigations, personnel files and CIDQ certification files shall be kept confidential in view of the sensitive nature of the material contained therein. B. Public records shall be made available pursuant to Miss. Code Ann. §§25-61-1 et seq, The Mississippi Public Records Act, by written request to the IDAC with the IDAC responding to requests as required. C. Appropriate administrative costs in relation to the processing of such requests will apply and will be due from the requesting party prior to delivery of any public records.

History

• Source: Miss. Code Ann.§§ 25-61-1 et seq

30 Miss. Admin. Code Pt. 203, R. 6.5 IDAC Proceedings

A. All information as to the rules of practice concerning all formal and informal proceedings is available by reviewing the rules and regulations of the IDAC currently on file with the Secretary of State or by reviewing Miss. Code Ann.§73-73-1 et seq. These documents are also provided on the IDAC’s website or by submitting a written request to the IDAC. B. The IDAC and its committees generally meet quarterly at the IDAC’s office, the address of which is provided in Rule 6.3A. The meeting schedule is available upon request or on the IDAC’s website. Other meetings which may be called by the IDAC will be posted at the IDAC office.

History

• Source: Miss. Code Ann.§73-73-25

30 Miss. Admin. Code Pt. 203, R. 6.6 Declaratory Opinions

A. Any person with a substantial interest in the subject matter may petition the IDAC for a declaratory opinion by following the specified procedures. 1. The IDAC will issue declaratory opinions regarding the applicability to specified facts of: A statute administered or enforceable by the IDAC; or 2. a rule promulgated by the IDAC; or 3. an order issued by the IDAC. B. The IDAC will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the IDAC. "Primary jurisdiction to of the IDAC" means any one or all of the following: 1. The IDAC has a constitutional grant of authority in the subject matter. 2. The IDAC has a statutory grant of authority in the subject matter. 3. The IDAC has issued specific regulations impacting on the subject matter. 4. The IDAC has issued a specific order or orders impacting on the subject matter. C. Declaratory opinions will be issued by the IDAC and prepared by the Executive Director. D. The IDAC may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. The matter is outside the jurisdiction of the IDAC; or 2. there is a lack of clarity concerning the question presented; or 3. there is pending or anticipated litigation, administrative action, or other adjudication; or 4. the statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; or 5. the facts presented in the request are not sufficient to answer the question presented; or 6. the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; or 7. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statue or order on which a declaratory opinion is sought; or 8. no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order; or 9. the question presented by the request concerns the legal or constitutional validity of a statute, rule or order; or 10. the requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order; or 11. no clear answer is determinable; or 12. the question presented by the request involves the application of a criminal statute or sets of facts which may constitute a crime; or 13. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; or 14. the question is currently the subject of an Attorney General's opinion request; or 15. the question has been answered by an Attorney General's opinion; or 16. the request is not made in good faith; or

17. the request is harassing in nature or for any other unlawful purposes; or 18. a similar request is pending before this IDAC or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or 19. the opinion, if issued, may adversely affect the interests of the State, the IDAC, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. E. A declaratory opinion shall not be binding or effective for any third party or person other than the IDAC and the person to whom the opinion is issued and shall not be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person. F. Where a request for a declaratory opinion involves a question of law, the IDAC may refer to the matter to the State Attorney General. G. Written requests are required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the IDAC or in the form of a pleading as might be addressed to a court. Oral and telephone requests are unacceptable. H. All requests must be mailed or delivered to the IDAC, at its physical address as provided in Rule 6.3A. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal. A request must be limited to a single transaction or occurrence. Each request shall contain the following: 1. A clear identification of the statute, rule, or order at issue; and 2. a concise statement of the issue or question presented for the declaratory opinion; and 3. a full, complete, and accurate statement of all facts relevant to a resolution of the question presented; and 4. the identify of all other known persons involved in or impacted by the factual situation causing the request including their relationship to the facts, name, mailing address and telephone number; and 5. a statement sufficient to show that the person seeking relief is substantially affected by the rule; and 6. the terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the agency; and 7. a request may contain an argument by the requestor in support terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position of the requestor. The agency may request that argument and memorandum of authorities be submitted by any interested party. I. Within forty-five (45) days after the receipt of a request for a declaratory opinion which

complies with the requirements of these rules, the IDAC shall, in writing: 1. Issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances; or 2. decline to issue a declaratory opinion, stating the reasons for its action; or 3. agree to issue a declaratory opinion or a written statement declining to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or 4. The forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the IDAC. J. The procedure which shall be followed after a request for a declaratory opinion is received is as follows: 1. The IDAC may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor; and 2. the requestor, or the requestor’s attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons. The requestor or the requestor’s attorney shall certify that a copy of the request was mailed to all such persons together with this statement: "Should you wish to participate in the proceedings of this request, or receive notice of such proceedings or the declaratory opinion issued as a result of this request, you should contact the IDAC within twenty days of the date of this request.” K. If the IDAC in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for declaratory opinion, the IDAC may schedule such hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail seven calendar days prior to the hearing shall be deemed appropriate. The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the IDAC. The IDAC shall allow the requestor to participate in any hearing. The IDAC may allow any other persons or entities to participate in the hearing. L. The IDAC will make declaratory opinions and requests for declaratory opinions available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is exempted from disclosure under the Mississippi Public Records Act or is otherwise confidential by law shall be exempt from this requirement. M. Once the IDAC has issued its declaratory opinion, the Executive Director will then review the request for validity and prepare a response per the guidelines listed in this rule. The Executive Director will then forward the request and opinion to IDAC’s legal counsel. After the IDAC’s legal counsel reviews the opinion, legal counsel will forward the request and opinion to the Executive Director. The Executive Director will index the opinions by name and subject and make available for public inspection. The Executive Director will mail the opinion back to the requestor and anyone else who has asked to participate.

History

• Source: Miss. Code Ann.§25-43-2.103

30 Miss. Admin. Code Pt. 203, R. 6.7 Requirements for Public Hearings for Rule Making and Oral Proceedings A

At the time a rule is filed with Secretary of State (SOS), the Executive Director must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected. B. A public hearing is required if, during the first 20 business days of the rule notice, written request for a public hearing is received from one of the following: 1. A political subdivision; or 2. an agency; or 3. 10 persons. C. If a public hearing is required, the Executive Director will establish the time, date and location for the public hearing. The Executive Director shall then: 1. Ensure that the public hearing is not scheduled earlier than 23 business days after filing notice of oral proceeding with SOS; and 2. file notice of the time, date, and location of the public hearing with the SOS; and 3. within three (3) days of filing notice with SOS, mail or electronically transmit a copy of the notice to those who are on the notification list (their preference); and 4. the IDAC can charge for mail, but not electronic transmissions. D. Public hearings shall be held at a place and time generally convenient for persons affected by the rule. E. Conducting Public Hearings 1. Public Hearings must be open to the public; and 2. the President/Chairman of the IDAC will preside at the proceeding; and 3. the IDAC and/or Executive Director will be responsible for answering all questions regarding the rule; and 4. the IDAC may issue rules for conduct of oral proceedings. F. Public Availability of Public Hearings 1. A verbatim written transcript of the oral proceedings at each public hearing shall be produced; and 2. this material will be available for public inspection and copying. G. Rule 6.8 Final Orders: Indexing, Public Inspection and Precedent. 1. The Executive Director shall maintain all written final orders that affect the public and will be responsible for making them available for public inspection and copying. The order shall be indexed by name and subject. This is subject to any confidentiality provisions established by law. 2. The written final order cannot be precedent to the detriment of any person by the IDAC until it has been made available for public inspection and indexed. This is inapplicable to any person who has actual timely knowledge of the order.

History

• Source: Miss. Code Ann.§§25-43-3.101 et seq

30 Miss. Admin. Code Pt. 203, R. 6.8 Rule 6.8

Disciplinary Actions The IDAC shall follow the disciplinary procedures in the Rules and Regulations of the Mississippi State Board of Architecture (Title 30, Part 201, Chapter 5), to the extent that such Rules and Regulations are consistent with the Laws, Rules, and Regulations for certified interior

designers.

History

• Source: Miss. Code Ann.§73-73-31

STATE BOARD OF BARBER EXAMINERS STATE BOARD OF BARBER EXAMINERS

Part 1801 Rules and Regulations Governing Schools of Barbering

Chapter 1 Rules and Regulations Governing Schools of Barbering SUMMARY: The barber schools rules and regulations pertain to licensing of schools, sanitary conditions necessary for facilities, operators, staff and students, students enrollment and instructors. Rule 1.1 Definitions A. Board- The “Board” is the State Board of Barbers as established by Mississippi Code of 1972, Section 5-73-5- 1, as amended. B. School- A “school” is any establishment licensed by the Board where students are engaged in learning and acquiring a knowledge of the practice of barbering. C. Student- A “student” is any person registered with the Board of Barbers to pursue a course of study in barbering. D. Instructor-An “instructor” is one who is licensed by the Board of Barbers to teach students barbering.

30 Miss. Admin. Code Pt. 1801, R. 1.2 Application for Licensure of a School A

Each school shall submit, for approval by the Board with its application for licensure of a Barber School or College, a copy of its daily class schedule. Any changes must be approve the Board. Schools shall maintain regular class hours in accordance with said daily schedule. B. Each school shall submit along with its application for Licensure its admission requirements for student enrollment. C. A school may be Licensed as: 1. School of Barbering a. Is a School who admits as a regular student only an individual who has a recognized high school diploma or has earn their high school equivalency through a recognized GED testing facility, and/or shall have satisfactory passed the ability-to-benefit examination approved by the U.S. Department of Education. Students must also be able to read, write and speak English. 2. Postsecondary School of Barbering a. Is a School who admits as a regular student only an individual who has earned a recognized high school diploma or has earned their

high school equivalency through a recognized GED testing facility. Students must also be beyond the age of compulsory high school attendance and be able to read, write and speak English. b. Schools will show its compliance with Rule 2.a with an affidavit upon licensing or renewal. Schools previously licensed as a School of Barbering may request postsecondary recognition during their renewal by providing an affidavit certifying its compliance. D. Licenses of a School will clearly state whether or not the School has Postsecondary recognition.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 1.3 Schools A

Any establishment licensed by the Board where ten (10) or more students can be accommodated while engaging in learning and acquiring a knowledge of the practice of barbering may be considered a school of barbering. B. Each school of barbering shall operate in accordance with any or all federal requirements and laws of the State of Mississippi. C. Each school of barbering shall at all times be under the direct supervision of a license instructor. D. There shall be at least one instructor for every twenty-five (25) students based on average daily attendance or any portion thereof. E. Application for enrollment, proof of educational qualifications and one passport port size color head shot photo must be submitted to the Board office no later than 30 day after date of enrollment. After this time period, no hours can be granted until these documents have been received. F. No school shall have more than one (1) student per barber chair at one shift. G. Each school must be a building separate from any other barbering establishment owned or operated by the same management. H. A school of barbering may advertise as a school but not as a barber shop. I. Each school shall display, in a conspicuous place, a sign in display lettering, not less than one (1) inch of height as follows: “ALL WORK IN THIS SCHOOL IS DONE BY STUDENTS”. The Board will recognize guest artists for demonstration purposes with no charge. J. The establishment shall be clearly designated as a school of barbering at the entrance. K. No service price sign shall be posted in or on the front window, or any outside door, nor on the exterior of the premises. The school shall not advertise the prices for services to the public by any media off the premises of the school.

L. There shall be a school library consisting of a medical dictionary, an English dictionary, and two books on barbering. At least one (1) trade magazine pertaining to barbering shall be available at all times on a current basis. M. Schools shall not give correspondence courses. N. An enrollment record of each student shall be sent to the board on or prior to the date the student enters school. O. A systematic report for each student’s attendance shall be sent to the board on the first day of the succeeding month on a form furnished by the board and signed by an authorized person of the school and the student involved. P. Schools of barbering shall keep a record of the amount of instruction each student received in each subject. Q. All records kept by a school shall be available for inspection by the board or its representative. R. Schools shall keep the essential records of the students in individual folders alphabetically in a file cabinet. S. A classroom roll book shall be maintained showing the presence, absence, and tardiness of students at the convening of each class. T. The school shall keep a permanent record of each student’s attendance as reflected on the clock punch card or classroom roll book and maintained on a current basis. This record will also show the student’s grades, progress, and conduct, periodically; based on the instructor’s evaluation. U. Schools shall have adequate facilities for filing and storing business records. They shall have a general ledger or recording of all income and expenditures. V. School attendance and scholarship records of individual students may be destroyed after five (5) years from the date a student is a licensed barber. W. All students must be given a definite schedule of attendance. X. The school shall use not less than two (2) visual aids, such as motion pictures, charts, etc. Y. Each student shall receive, upon enrollment, a copy of the school’s rules and regulations governing students. Z. Contracts or receipts between the school and students relating to tuition and implements shall be in writing, students to receive a copy of contract> AA. Not less than 10% of the required hours for completion of the course of study shall be devoted to classroom study, demonstrations, and lectures. BB. Examinations shall be given on at least ten (10) subjects, and the grades therefore, shall be permanently recorded. CC. A final examination shall be required for completion of the course of study. DD. For the completion of the course of study, students shall be required to have performed the following minimum hours of study: Haircut (tapered and long) 500; Hair coloring (10); Shaving (25); Facial treatment (35); Razor cutting, styling and permanent waving, chemical hair relaxing (200); Scalp treatment, shampoo (75); Hair pieces and fitting (5). EE. A copy of the rules and regulations relating to the sanitation of barber shops shall be given to every student, and the instructor must make sure that they are observed.

FF. The school shall forward to the board an affidavit pertaining to the instruction and training of all students at the completion of the course or withdrawal of a student. This affidavit must be signed by someone authorized to sign for the school. GG. Receptacles containing face or talcum powder shall have tops. HH. The school shall provide a clean cupboard or cabinet in which to keep all linen or paper towels free from dust. II. All schools shall offer advanced training courses for registered barbers on the following subjects: 1. 40 hour course-Teaching the latest haircut on male and female plus styling. 2. 600 hour course-Teaching the latest haircut on male and female with the help of video film, all phases of hair styling, hair coloring, and hair piece fitting. 3. The above courses shall be taught by instructors qualified to teach each course.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 1.4 Physical Facilities

A. A school shall consist of not less than two (2) rooms, one for the clinic or service department, and one (1) for the classroom with adequate space for students. A single room divided by partitions in such a manner that one part is used for study, examinations and lectures, and one part for clinic or service department may be used. B. A barber school or college shall consist of a minimum of 1200 square feet. C. There shall be not less than 720 square inches of mirror behind each barber chair. D. There shall be one (1) laboratory with hot and cold running water behind each barber chair that is used to teach shaves and facials and at least one (1) shampoo bowl for every three (3) students. E. The classroom or study hall shall be equipped with at least one individual chair with adequate desk space for the maximum number of pupils occupying the classroom at one time or, if desks are not provided, each chair shall be provided with a table arm rest. F. The lighting in the barber chair area shall be not less than 35 candle power. G. The floor of the service or clinic room shall be covered with linoleum, asphalt tile or its equivalent.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 1.5 Temporary Permit for Work Student/Instructor

A. Any student or student instructor who has completed the total number of prescribed hours in a course of training may be issued a permit to work, which

would be valid until the next testing, upon request, as long as the following has been met: a. Student has met all graduation requirements as set forth by the licensed Barber school. b. An application from approval for examination has been made and approved by the Board. c. A completed Board approved application for a permit to work has been submitted the Board.

History

• Source: Mississippi Code of 1972, 73-5- 15 (9)

30 Miss. Admin. Code Pt. 1801, R. 1.6 Application for Examination

A. All applicants for the State Board examination for a Licensed Barber or Licensed Instructor must be filed with the office of the Board of Barber Examiners not later than fifteen (15) days prior to examination date. If the applicant fails to comply with this regulation, or the applicant fails to pay the required fees, he or she will not be permitted to take that scheduled examination.

a. Students attire for examination 1. Students testing for Barber examination are to be dressed in a clean, professional smock, clean pants or skirt, well kept clean, closed toe shoes and maintain a high standard of personal hygiene and personal appearance. 2. Students testing for Instructors examination may wear shirts and ties and/or professional smocks along with dress slacks or skirt well kept, clean, closed toe shoes and maintain a high standard of personal hygiene and personal appearance. 3. All pants/skirts must be worn on waist line. Skirts/dresses must be knee length. No Blue Denim Jeans or Shorts allowed.

B. At the time of application for examination, students may complete the appropriate form to receive a permit to work in a licensed barber shop until the next regularly scheduled examination.

History

• Source: Mississippi Code of 1972, 73-5- 15 (9)

30 Miss. Admin. Code Pt. 1801, R. 1.7 Complaints A

Any person may file a complaint with the Board of Barber Examiners in accordance with Section 73-5- 7 (3) of the Mississippi Code of 1972 as amended. B. The complaint must be in writing, on a form prescribed by the Board. It must be signed, notarized and accompanied by a release form, and a consent form that states the complainant agrees to testify to the allegations, and that the complainant understands that the information becomes public record once the investigation is over. C. When the investigation has been completed, the complaint case will be presented to the Board, at which time the Board may: a. Dismiss the complaint, or b. Initiate a formal complaint and notice of hearing. D. Both the complainant and the accused will be notified of the Board’s decision.

History

• Source: Mississippi Code of 1972, 73-5- 7-(3)

30 Miss. Admin. Code Pt. 1801, R. 1.7 Attire

A. STUDENTS: Each student is to be dressed in a clean smock daily, clean pants or skirts, well-kept shoes and maintain a high standard of personal hygiene and personal appearance. B. INSTRUCTORS: Male instructors may wear shirts and ties or smocks; female instructors may wear smocks and skirts or slacks, and shall maintain a high standard of personal appearance.

History

• Source: Mississippi Code of 1972, 73-5- 7 (9)

30 Miss. Admin. Code Pt. 1801, R. 1.8 Equipment:

A. Every barber school and or college must be equipped with at least ten (10) hydraulic barber/styling chairs and at least 1 (one) chair designed to recline and with headrest to accommodate a patron for a shave or facial. This will permit each student to become familiar with the operation of the regular barber chair used for cutting and hair styling. B. There shall be at least one (1) barber chair for every (1) student per shift and in good repair or fully reconditioned. C. Barber chairs shall be spaced, laterally, not closer than 4 ½ feed on center. D. Each chair shall have an individual tool cabinet, work stand sterilizer for sterilizer equipment, and there shall be for each student, conveniently available, at least two

(2) covered receptacles, one for soiled towels and one for shave paper or other paper products. E. Waiting chairs or benches shall be provided for customers. F. There shall be a chalkboard not less than 12 square feet in the classroom.

History

• Source: Mississippi Code of 1972, 73-5- 7 (9)

Chapter 2 Regulations for Governing Sanitation of Barber shops, and Barber schools

30 Miss. Admin. Code Pt. 1801, R. 2.1 Enforcement:

The holder or holders of an establishment license, or the person in charge of an establishment shall be liable for the implementation and maintenance of the sanitary conditions of the establishment. Any licensed barber, instructor, or student shall be held individually responsible for the implementation and maintenance of the sanitary conditions of his/her station or equipment.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 2.2 Posting Sanitary Rules:

A copy of the Rules and Regulations governing sanitation shall be posted in a place conspicuous to the public.

History

• Source: Mississippi Code of 1972, 73-5- 7 (7)

30 Miss. Admin. Code Pt. 1801, R. 2.3 Interior:

A. Each establishment shall be kept clean and in good repair. Floors in cutting and styling area as well as any area used for shampooing shall be covered with non- porous material that is easily cleanable. B. All solid waste and refuse shall be kept in containers with tight fitting lids and shall be removed from the premises as frequently as necessary to prevent any unhealthy conditions or unsightliness. C. Used towels shall be deposited in a closed container, and shall not be used again until properly laundered and sanitized. Used towels shall be laundered either by commercial laundering or by noncommercial laundering which includes a treatment in water at 160 degrees for not less than 5 minutes during the washing process. All clean towels shall be stored in a closed dust-free cabinet.

D. Instruments (expect clippers and metal instruments) shall be immersed in an approved germicidal solution before being used again. 1. Immersion in boiling water for at least 5 minutes. 2. Immersion for 10 minutes in household bleach (1 to 10). This method is highly corrosive. 3. All tools and implements, which are not likely to be in contact with blood or blood containing body fluids (e.g. combs and brushed), may be immersed in quaternary ammonium compounds (1 to 1000) for ten or more minutes. This is not a virucidal agent and it will not kill some blood- borne viruses such as Hepatitis B virus. Or (this is strongly recommended for compliance with current and future OSHA regulations) they may be disinfected by complete immersion in an EPA registered bactericidal, virucidal, fungicidal disinfectant, that is mixed and used according to the manufacturer’s direction. 4. All tools and implements, which are more likely to come in contact with blood or blood containing body fluids (e.g. razor blades), must disinfected by complete immersion in an EPA registered bactericidal, fungicidal disinfectant that is mixed and used according to the manufacturer’s directions. 5. All tools, instruments, and supplies, which have become soiled in any manner, shall be removed from work stand, placed in a properly labeled receptacle, and shall not be on another patron until properly sanitized. All supplies that cannot be sanitized shall be immediately destroyed after use. The use of liquid or powered styptic or astringents is permissible if such product is applied by sanitized gauze or cotton. 6. No barber, instructor or student shall remove or attempt to remove moles or other blemishes by radiation, electronic, or other means of tissue destruction. 7. All creams and lotions must be kept in clean and closed containers. These should be removed by use of a spatula, and applied by means of a sanitized material.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

Chapter 3 Instructors

30 Miss. Admin. Code Pt. 1801, R. 3.1 Requirements

A. Any person to be qualified to receive a certificate of registration as a barber instructor must be twenty-one (21) years of age or older, must be of good moral and temperate habits, must be able to read, write and speak English; must possess a high school education or equivalent; must have successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the State Board of Barber Examiners; must hold a valid certificate of registration to practice barbering; must have not less than two (2) years of active experience as a registered barber; must have successfully completed not less than six hundred

(600) hours of barber instructor training at a school approved by the Board and must have passed an examination conducted by the Board to determine his fitness to practice as a barber instructor. B. Instructors must be qualified to teach fundamentals of barbering and keep abreast of new trends and developments. C. Faculty members must have personal characteristics conducive to effective teaching and exemplify desirable behavior (dress, habits, attitudes, and interpersonal relationships). D. Instructor must file evidence every two years of having attended workshops, seminars, r formal classes relating to teaching or to new techniques in barbering. Continuing education of 26 hours of approved credit per year is required.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 3.2 Instructor’s Course of Study:

The instructor’s (600) hour course is recommended to be the following. All classes of barbering, including haircutting, must be conducted by a registered instructor.

The applicant will provide the board with written evidence in the form of a diploma or similar certificate of completion before the instructor examination is given.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

Chapter 4 Student Requirements

30 Miss. Admin. Code Pt. 1801, R. 600 hours

30 Miss. Admin. Code Pt. 1801, R. 4.1 Equipment:

A. Each student shall be required to have the following equipment: 1. 1 clipper 2. 1 brush comb 3. 1 razor 4. 1 T-edger 5. 1 (gun type) hair dryer 6. 1 dozen combs 7. 1 pair thinning shears 8. 1 pair regular shears 9. 1 regular hair brush 10. 1 round hair brush 11. 1 clipper brush 12. 1 hair cloth 13. 1 tool case 14. 1 curling iron 15. 1 shampoo cape B. No student shall work on a member of the public until they have completed at least 10% of the total time required, which in no case shall be less than 150 hours, (Optional).

History

• Source: Mississippi Code of 1972, Section 4-73-5- 7

30 Miss. Admin. Code Pt. 1801, R. 4.2 Curriculum:

A. The 1500 hour course shall include practical demonstration, written and oral testing, theoretical and practical instruction in all the common phrases of barbering. B. The following minimum hours of instruction are required for the theory portion:

History fundamentals of barbering.............................................. 5 hours Elementary chemistry relating to sterilization................................ 25 hours (Sanitation, Bacteriology, and Hygiene) Barber implements, shaving, beard, haircutting, and styling................ 5 hours Male hairpiece sales and service................................................. 5 hours Hair coloring-tinting, bleaching, straightening................................ .5 hours Hair structure and chemicals.................................................... 75 hours Theory of massage and facial treatment.........................................5 hours Disorders of the skin, scalp, and hair.......................................... 10 hours Barber laws, rules, and regulations............................................... 5hours Business management and salesmanship...................................... 10 hours General review.................................................................... 20 hours

C. The following minimum hours are recommended on practical:

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 4.3 Break in attendance/failure to apply for examination: A

Where there is a break in attendance in a barber school: 1. At least twelve (12) months and less than thirty-six (36) months a student shall lose 25 % of hours. 2. At least thirty-six (36) months and less than sixty (60) months a student shall lose 50% of hours. 3. At least sixty (60) or more a student shall lose 100% of hours. B. Where a portion of the hours for the completion of a course of training was acquired out-of-state but the student did not complete the course in that state, the break in attendance rule will apply to the student who enrolls in a school in Mississippi for the completion of his/her training. C. Where an individual has completed a course of training in this state, or any Other state, and has not applied for and taken the State Barber Examination within twelve (12) months of completion of such training, such individual shall be required to complete an additional 360 hours of approved course before becoming eligible to take the State Barber Examination. D. This provision shall not apply to a person whose break in attendance, or failure to acquire licensure is due to a service in armed forces during period of war.

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

30 Miss. Admin. Code Pt. 1801, R. 4.4 Failure to Qualify:

Any applicant failing to pass the required examination on a first attempt must retake the portion(s) failed on a second attempt. Any applicant failing to pass the required examination on the second attempt, must retake the portion(s) failed on a third attempt. Any applicant failing to pass the required examination on the third attempt, must take 60 hours of approved training in each subject failed before retaking the examination. Any applicant taking the examination for the fourth time will be required to take the entire examination. Any applicant failing the examination on a fourth attempt must appear before the Board before being allowed to apply for reexamination. Hair cutting, tapered and long (male and female)........... 900 800 Shaving beard and mustaches.................................... 25 10 Hair coloring........................................................ 70 50 Scalp and hair treatment, shampoo, etc......................... 50 20 Facial treatments................................................... 20 5 Permanent waxing, razor cutting, and styling.................. 50 120 Hairpieces-fitting (sales and services)............................ 20 10 Miscellaneous...................................................... 195 315 1500 1500

History

• Source: Mississippi Code of 1972, 73-5- 7 (4)

Chapter 5 Barber Shops

30 Miss. Admin. Code Pt. 1801, R. 5.1 Minimum Requirements for Establishment of a New Barber Shop

A. Must have adequate supply of hot and cold running water under pressure. B. Public sewer connections must be available. C. Must have adequate lighting for each working chair. D. Each working area must have proper mirrors, not less than 24 x 30, (720) inches, and cabinets for clean and soiled linen. E. Floor must be of such surface, so they can be kept clean and maintained at all times. There shall be no carpet within four feet of a barber chair. F. Adequate ventilation. G. Lavatory located within reasonable distance from work chair in work area. H. There shall be no direct connection between sleeping room and barber shop. I. Any one of the following methods of disinfecting must be available at all times: 1. Immersion for five minutes in 70% alcohol 2. Barbercide solution 3. Immersion for one minute in Metaphen(1-100) J. No food will be allowed when work is being done. K. No pets, except seeing-eye dogs for the blind. L. No alcoholic beverages served in work areas during work hours. M. Display a recognizable sign indicating that it is a barber shop or barber style shop. N. A fee of $25.00 is set for new shops in addition to the $15.00 for a chair being used for barbering purpose.

History

• Source: Mississippi Code of 1972, 73-5- 33 (17)

Chapter 6 Barber Shops/Schools Regulations

30 Miss. Admin. Code Pt. 1801, R. 6.1 The Following Rules and Regulations Must Be Displayed In Barber Shops and Barber Schools A

The Barber Board shall adopt and enforce sanitary regulations. B. Any change of ownership and/or management will be reported to the Barber Board at once. In the event of a change of ownership, a new application for a shop license and the required fees will accompany such information. C. Any shop in the State of Mississippi must be under the active management and control of a duly registered Barber. D. All applications for shop license shall be submitted on the forms provided by the Barber Board and shall be accompanied by a fee of $15.00 for each chair manned by a registered barber as well as the fee of $25.00 for the new shop license. This latter fee is non-transferable and is required by law at any time a shop changes ownership or a new shop begins operation.

E. All rules and regulations of the State Board of Health of the State of Mississippi as well as of the Federal Government will pertain to barber shops and barber schools and are hereby adopted by this Barber Board and shall be adhered to by those persons practicing barbering in the State of Mississippi. F. All barber schools shall be subject to the same inspections as barber shops. All instructors in licensed barber schools must apply for and be examined as to their qualifications for the privilege of being licensed as an instructor. G. 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 instructor, whose certificate of registration has expired, may have his certificate restored immediately upon payment of the renewal fee plus the required restoration fee. After five (5) years an appropriate examination is required. H. The Barber Board of Inspectors shall periodically inspect and grade individual shops and practitioners. Any person, partnership or corporation found to be in violation of these regulations upon a hearing as provided by law shall suffer the suspension of certificate and /or license for such period of time as the Barber Board may decide commensurate with the violation. In no event shall a suspension be less than fifteen (15) days nor more than two (2) years; however, a revocation shall be permanent, or until such time as the Barber Board may be satisfactorily shown that reinstatement would be in order. I. Shop owners or managers must display a recognizable sign indicating that it is a barber shop or barber style shop with such sign being clearly visible at the main entrance of the shop. J. Barbers in barber shops must be clean and neatly dressed. K. Before the opening of any new barber college in the State of Mississippi, the Said owners must comply with specifications of the State Board of Barber Examiners. Upon request, they will be issued such specifications and required materials of compliance. The State Board of Barber Examiners must be notified thirty (30) days prior to the opening date. L. Students shall not have less than (1500) hours of barbering in an approved school of barbering by the State Board of Barber Examiners of Mississippi before applying for the registered barber examination. However, a licensed cosmetologist must have six hundred (600) hours of barbering in such school before so applying. M. Any person applying for an instructor’s examination shall: 1. be twenty-one (21) years of age or older 2. be of good moral and temperate habits 3. be able to read, write and speak English 4. Possess a high school education or its equivalent 5. Have successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the State Board of Barber Examiners and hold a valid certificate of registration to practice barbering

6. Have not less than two (2) years of active experience as a registered barber 7. Have successfully completed not less than six hundred (600) hours of barber instructor training at a school approved by the Board and 8. Have passed a satisfactory examination conducted by the Board to determine his fitness to practice as a barber instructor. N. The grades used for inspecting all barber shops and barber schools are as follows: A-Excellent B-Fair C-Bad, must be improved O. No alcoholic beverages permitted in barber shops or schools at any time. P. There shall be no direct connection between a sleeping room and a barber shop. Q. It shall be the duty of the head barber or manager of each barber shop or barber school to make certain that all employees know and observe these regulations.

73-5- 33(17); 73-5-35(18).

History

• Source: Mississippi Code of 1972, 73-5- 7 (4); 73-5- 8 (5); 73-5- 11(7); 73-5-25(13); 73-5- 29(15);

Chapter 7 Procedures for Request of Board Hearing

30 Miss. Admin. Code Pt. 1801, R. 7.1 The purpose of this procedure is to define set rules and regulations governing 73- 5- 27 of the Mississippi Code of 1972

A board hearing may be granted under certain provisions which must be met in order to hear such charge or charges the board may issue against a registered barber, barber instructor, barber school or college. The Board of Barber Examiners may approve or disapprove a hearing at any time until such board feels a need to convene in relations to such charges or other business related to the barber profession.

The following procedures governing the enactment of a hearing:

A. Per or person (s) requesting a board hearing shall call or mail a typed letter to Mississippi Board of Barber Examiners, 510 George Street, Suite 400, Jackson, MS 39205. B. After person(s) request is confirmed, Office Assistant shall mail a “Request for Hearing” form to person(s) mailing address. C. Person(s) completes the form and mails it back to State Office. D. Director instructs Chief Inspector to conduct an investigation into the circumstances surrounding the matter in question. E. Chief Inspector reports findings to the Director as related to such matter. F. Director may approve or disapprove request for hearing and if approved, person(s) will be contacted via phone call or mail to attend hearing at such time to be determined by the Board of Barber Examiners.

History

• Source: Mississippi Code of 1972, 73-5- 27 (13)

STATE BOARD OF CHIROPRACTIC EXAMINERS STATE BOARD OF CHIROPRACTIC EXAMINERS

Part 2001 State Board of Chiropractic Examiners Rules and Regulations

30 Miss. Admin. Code Pt. 2001, R. 1.1 Composition of the Board

The Mississippi State Board of Chiropractic Examiners (“Board”) shall consist of six (6) members appointed by the Governor with the advice and consent of the Senate. One (1) member of the Board shall be the executive officer of the State Board of Health or his designee. Four (4) members are selected from each congressional district, and one (1) member is selected from the state at large. All Board members, save the executive officer of the State Board of Health or his designee, shall have been continuously engaged in the practice of chiropractic in Mississippi for at least five (5) years prior to his appointment. No member of the Board may be a stockholder in, member of the faculty of, or on the Board of Trustees of any school/college wherein there is a program for chiropractic.

History

• Source: MISS. CODE ANN. § 73-6-3.

30 Miss. Admin. Code Pt. 2001, R. 1.2 Rule 1.2

History

• Source: MISS. CODE ANN. § 73-6-11.

30 Miss. Admin. Code Pt. 2001, R. 1.3 Officers

The Board shall elect from its membership a chairman and vice chairman who shall serve for one (1) year. The Board may select an executive secretary and may hire employees, including an attorney.

The executive secretary shall receive an annual salary set by the Board as well as reimbursement for mileage and necessary expenses incurred in the performance of his official duties. All Board members shall receive a per diem as well as reimbursement for mileage and necessary expenses incurred in the performance of his official duties.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 1.4 Terms of Office

All members of the Board shall serve for five (5) years and until his successor is appointed and qualified.

History

• Source: MISS. CODE ANN. § 73-6-3.

30 Miss. Admin. Code Pt. 2001, R. 1.5 Vacancies

A vacancy on the Board, except for the executive officer of the State Board of Health or his designee, shall be filled by appointment of the Governor only for an unexpired term.

History

• Source: MISS. CODE ANN. § 73-6-3.

30 Miss. Admin. Code Pt. 2001, R. 1.6 Duties of the Board

The Board shall have all the duties, powers, and authority specifically granted by and necessary to the enforcement of MISS. CODE ANN. Sections 76-6-1 et seq. The Board may make, adopt, amend, and repeal such rules and regulations as may be deemed necessary by the Board for the proper administration and enforcement of MISS. CODE ANN. § 76-6-1 et seq., in accordance with the provisions of the Mississippi Administrative Procedures Law.

MISS. CODE ANN. §§ 76-6-5 (1); 73-6-19; & 25-43-1.101 et seq.

30 Miss. Admin. Code Pt. 2001, R. 1.7 Meetings and Attendance

The Board shall hold regular meetings for examinations on the second (2 nd ) Thursday of January and July. The Board, at its discretion, shall hold meetings for examinations in the months of April and October. The July meeting shall be held in the Jackson metropolitan area. The location of all other meetings shall be identified on the notice of the meeting.

Robert’s Rules of Order, as revised, shall govern the meetings of the Board. A quorum is defined as a majority of the board members.

The Chairman of the Board shall notify the Governor in writing of any Board member(s) who has not attended two (2) consecutive meetings of the Board. The Board member shall be subject to removal by the Governor.

History

• Source: MISS. CODE ANN. § 73-6-3.

30 Miss. Admin. Code Pt. 2001, R. 1.8 Open Meetings

In compliance with the Open Meetings Act, members of the public are welcome to attend all meetings of the Board. At least ten (10) working days prior to any regularly scheduled board meeting, any member of the public who desires to be included on the Board’s agenda must submit a written request to the Board on the Agenda Request Form available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board.

The Board has adopted the following rules of conduct for members of the public who attend a meeting of the Board:

A. Members of the public who attend a meeting must register with the executive secretary upon entry to the meeting area. Organized groups must have one (1) designated spokesperson.

B. Upon request and recognition of the Board Chairman, an individual or spokesperson may be recognized to address the Board for ten (10) minutes, unless such time is extended by the Board Chairman.

C. As prescribed by law, members of the public are not allowed to attend meetings of the Board when in an Executive Session. All members of the public will be asked to leave the meeting area and allowed to return only when so advised by the Board Chairman.

D. Members of the public are expected to conduct themselves in a calm, courteous, and professional manner.

Any member of the public who does not comply with these rules will be dismissed from the meeting.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-41-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 1.9 Computation of Time

The Board shall adhere to MISS. CODE ANN. § 25-43-1.106 to determine when service or transmission of a pleading, motion, or other document is complete as well as how time is calculated for such service or transmissions.

Chapter 2 Public Records Requests Excluding records exempted under Mississippi law, the Board responds to public records requests pursuant to the Mississippi Public Records Act of 1983, MISS. CODE ANN. § 25-61-1, et seq., in accordance with the following procedures:

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-1.106 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.1 Submission of Requests

All requests for information must be submitted in writing and either mailed or hand delivered to the address of record for the Board.

The request should describe in reasonable detail the records sought and, if possible, include a clear and concise description of the record desired including pertinent information such as names, date, etc. that may aid the Board in locating the requested record(s).

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.2 Timetable for Processing

All document requests will be approved or denied by the Board within seven (7) days after the request is received. In the event of a denial for all or part of the request, the executive secretary will provide an explanation of the denial to the requestor in writing. If the requested information is unable to be produced by the seventh (7 th ) day after the request is made, the Board will provide a written explanation regarding why the document cannot

be produced during that timeframe. Unless there is a mutual agreement of the parties, in no case shall the production of the requested records, after timely payment and unless otherwise exempt, be any later than fourteen (14) working days from the receipt of the request.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.3 Exempt Documents

All applications for licensure in the possession of the Board are exempt from the provisions of the Mississippi Public Records Act of 1983.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.4 Third Party Information

Records furnished to the Board by third parties which contain trade secrets, or confidential commercial or financial information shall not be subject to inspection, examination, copying, or reproduction until the third party has been advised that the documents will be released. Further, no third-party information will be released if a third party obtains a court order prohibiting the same. The requestor will be notified of any court orders that prohibit the release of the requested information.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.5 Assessment of Costs to the Requestor

Prepayment by the requesting party of the cost estimated by the Board to review, notify any third parties, retrieve, search, duplicate, copy, and/or deliver the requested records shall be required.

Payment for information requested must be made in advance of receipt of documents and must be sufficient to cover the actual costs for the Board to furnish the information. Such costs include, but are not limited to, staff time to evaluate the request, retrieve any relevant files, organize the information, notify third parties, develop a cost estimate and schedule, reproduce the material, and deliver the information requested.

A. An estimated cost will be provided to the requestor based on the volume of information, the format in which the information is stored and requested, and whether third-party information has been requested. The requestor may submit payment for processing of the request, amend the request, or withdraw the request. The requestor should submit written notice of his intent to either proceed or withdraw the request.

B. If no response is given by the requestor within (30) thirty days of the estimated cost notification being sent, the Board will proceed no further with the request. If at a later date, the requestor decides to proceed with the request, he must submit a new request.

C. Timely payment under paragraph B means payment received by the next business

day after the estimated cost notification is provided to the requestor. By delaying the payment of the estimated fee past the next business day, the requestor acknowledges there may be a delay in the delivery of the requested documents. No request will be processed until payment is received.

D. The decision to charge for public records is at the discretion of the executive secretary.

History

• Source: MISS. CODE ANN. § 25-61-1.

30 Miss. Admin. Code Pt. 2001, R. 2.6 Requests for Document Inspections

The requestor will be billed for the total amount of time spent by employees of the Board assisting with the inspection of documents. Additional fees incident to document production may be assessed.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 2.7 Public Information via the Internet

Some information pertaining to the Mississippi Board of Chiropractic Examiners is available free of charge on the internet at https://www.msbce.ms.gov.

Chapter 3 Declaratory Opinions These rules are intended to supplement and be read in conjunction with the Mississippi Administrative Procedures Act (MISS. CODE ANN. § 25-43- 2.103 et seq.). In the event of a conflict between these rules and the Mississippi Administrative Procedures Act, the latter shall govern.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-61-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 3.1 Subjects Which May be Addressed by Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability of specified facts to a statute administered or enforceable by the Board, a rule promulgated by the Board, or an order issued by the Board. The Board will not issue a declaratory opinion regarding a statute, rule, or order which is beyond the primary jurisdiction of the Board.

“Primary jurisdiction” means: 1. The Board has a constitutional grant of authority in the subject matter, 2. The Board has a statutory grant of authority in the subject matter, 3. The Board has issued specific regulations impacting the subject matter, or 4. The Board has issued a specific order or orders impacting the subject matter.

History

• Source: MISS. CODE ANN. § 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.2 Scope of Declaratory Opinion Request

A request shall be limited to a single transaction or occurrence.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.3 Form of the Request for a Declaratory Opinion

When a person with substantial interest, as required by section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request on standard letter-size white paper (8 ½” x 11”).

A. The request shall be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a court.

B. All requests must be mailed or hand delivered to the address of record of the Board. Oral, email, and/or telephonic requests for a declaratory opinion will not be accepted.

C. Each request shall include the full name, telephone numbers, e-mail address(es), and mailing address of the requestor(s).

D. Each request shall be signed by the person filing the request, unless represented by an attorney, in which case, the attorney may sign the request.

E. Each request and its correspondence envelope, if any, shall clearly state it is a request for a declaratory opinion.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.4 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements in these rules including, but not limited to, a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.5 Request Content Requirement

Each request shall contain the following:

A. A clear identification of the statue, rule, or order at issue,

B. A concise statement of the issue or question presented for the declaratory opinion,

C. A clear and concise statement of all the facts relevant to the question presented,

D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, email address(es), and telephone number, and

E. A statement sufficient to show that the request has a substantial interest in the subject matter of the request.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.6 Submission of Proposed Opinion and Memorandum

The terms of the proposed opinion may be submitted to the Board together with a request for a declaratory opinion. The request likewise may contain an argument by the requestor in support of those terms of the proposed opinion. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including legal authorities, in support of such position of the requestor. The Board also may request an argument and memorandum of authorities be submitted by an interested party.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.7 Reasons of Refusal of Declaratory Opinion Request

The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not limited to:

A. the matter is outside of the primary jurisdiction of the Board,

B. lack of clarity concerning the question presented,

C. there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary,

D. the statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request,

E. the facts presented in the request are not sufficient to answer the question presented,

F. the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules,

G. the request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought,

H. no controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or opinion,

I. the question presented by the request concerns the legal validity of a statute, rule, or order,

J. the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct to establish the effect of that conduct,

K. no clear answer is determinable,

L. the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime,

M. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure,

N. the question is currently the subject of an Attorney General’s opinion request

O. the question has been answered by an Attorney General’s opinion,

P. one or more requesters have standing to seek an Attorney General’s opinion on the proffered question,

Q. the request has not been made in good faith,

R. the request is harassing in nature,

S. a similar request is pending before this Board or any other agency or a proceeding is pending on the same subject matter before any agency, administrative, or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law, and/or

T. the question involves eligibility for a license, permit, certificate, or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.8 Board Response

Within forty-five (45) days after receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

A. issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances,

B. agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request, or

C. decline to issue a declaratory opinion, stating the reason(s) for its refusal.

The forty-five (45) day period shall begin running on the first business day after the request was received by the Board.

The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies, or other entities other than the requestor.

History

• Source: MISS. CODE ANN. § 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.9 Final Opinion

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious.

Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion may be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 3.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. Declaratory opinions and requests which contain confidential information or information which is exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-2.103 (2).

30 Miss. Admin. Code Pt. 2001, R. 4.1 Oral Proceedings Allowed

The Board will conduct an oral proceeding on a proposed regulation or amendment if requested by a political subdivision, an agency, or ten (10) persons within twenty (20) days after the filing of the notice of the proposed regulation.

A. Each request must be submitted on 8-1/2” x 11” white paper and must be printed, typewritten, or legibly handwritten.

B. The request may be in the form of a letter addressed to the Board or in the form of a pleading as if filed with the court.

C. Each request must include the full name, telephone number, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-3.104.

30 Miss. Admin. Code Pt. 2001, R. 4.2 Notification of Oral Proceeding

The date, time, and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-3.104.

30 Miss. Admin. Code Pt. 2001, R. 4.3 Presiding Officer

The Board Chairman or his designee, who is familiar with the substance of the proposed regulation, shall preside at the oral proceeding on a proposed regulation.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-3.104.

30 Miss. Admin. Code Pt. 2001, R. 4.4 Public Presentations and Participation

Public participation shall be permitted at oral proceedings in accordance with the following:

A. At an oral proceeding on a proposed regulation, persons may make oral statements and make documentary and physical submissions.

B. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one (1) business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer, in his discretion, may allow individuals to participate that have not previously contacted the Board.

C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

D. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

E. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

F. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the person’s time where the orderly conduct of the proceeding so requires.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-3.104.

30 Miss. Admin. Code Pt. 2001, R. 4.5 Conduct at Oral Proceedings

A. The presiding officer shall have the authority to conduct the proceeding in his discretion for the orderly conduct of the proceeding. The presiding officer shall:

1. call proceeding to order;

2. give a brief synopsis of the proposed regulation, a statement of the statutory authority for the proposed regulation, and the reasons provided by the Board for the proposed regulation;

3. call on those individuals who have contacted the Board about speaking in favor of or against the proposed regulation;

4. allow for rebuttal statements following all participant’s comments; and

5. adjourn the proceeding.

B. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that regulation-making proceeding, including any prior written submissions made by those participants in that proceeding, but no participant shall be required to answer any question.

C. Physical and documentary submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure.

D. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: MISS. CODE ANN. §§ 73-6-3 & 25-43-3.104.

30 Miss. Admin. Code Pt. 2001, R. 5.1 Application

A person of good moral character seeking licensure as a Mississippi chiropractor must complete an application entitled “application for licensure” available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. Applications must be completed at least twenty (20) days prior to the jurisprudence examination. The application must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. Certified transcript demonstrating completion of at least two (2) years or sixty (60) hours of study at an accredited institution of higher learning or accredited junior college,

C. Certified transcript from an accredited chiropractic program of a college/school that shows the date of graduation,

D. Official copy of National Board scores demonstrating passage of parts one (1), two (2), three (3), four (4), and physiotherapy from National Board of Chiropractic Examiners, and

E. Non-refundable examination fee made by certified check, money order, or other method as approved by the Board.

History

• Source: MISS. CODE ANN. §§ 73-6-13 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 5.2 Examination

A person seeking licensure as a Mississippi chiropractor must, after the completion of the application requirement listed in Rule 5.1; Rule 5.3; or Rule 5.7, pass a jurisprudence examination given by the Board testing on Mississippi chiropractic law and the rules and regulations of the Board.

Examinations shall be offered at least twice a year; the Board, in its discretion, may offer the examination more than twice a year.

If an applicant fails the examination, the applicant may take a second examination after a fee is paid to the Board and after at least six (6) months but no more than two (2) years have passed. An applicant who fails a second examination is disqualified from sitting for further examinations until the applicant pays the non-refundable reexamination fee to the Board, completes further courses of study to be outlined by the Board, and files a new licensure application.

Fraud or dishonest conduct in the taking of the examination will result in a failure of examination, denial of license, and inability to reapply for examination for one (1) calendar year.

History

• Source: MISS. CODE ANN. §§ 73-6-13 (3) & 73-6-15.

30 Miss. Admin. Code Pt. 2001, R. 5.3 Licensure Pursuant to Universal Recognition of Occupational Licensing

A person who establishes Mississippi residency seeking licensure pursuant to the Universal Recognition of Occupational Licenses Act, MISS. CODE ANN. § 73-50-2 et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “universal application”, is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. Official copy of National Board scores demonstrating passage of parts one (1), two (2), three (3), four (4), and physiotherapy from National Board of Chiropractic Examiners,

C. A copy of the applicant’s current and valid, out-of-state (or US Territory) chiropractic license and proof of good standing from the out-of-state’s (or US Territory) licensing board,

D. Proof of Mississippi residency, and

Proof of residency includes, but is not limited to, a copy of a state issued identification card, documentation of current home ownership or lease of residence, documentation of current in-state employment or notarized letter of promise of employment of the applicant or applicant’s spouse, and/or current Mississippi residential utility bill which contains that applicant’s name and current address.

E. Non-refundable examination fee made by certified check, money order, or other method as approved by the Board,

After an applicant completes the universal application and pays the required fee, the applicant must also pass the examination described in Rule 5.2 within one (1) year of his application. An applicant, upon the submission to the Board of a complete application and payment of required fee but prior to successful completion of the examination, will receive a temporary practice permit that is valid for 365 days from the date of issue and is not subject to renewal or extension. Temporary practice permits are non-transferable. Applicants who do not successfully complete the examination within one (1) year of the application date may re-apply for licensure under this Rule but will not be issued an additional temporary practice permit.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-50-2.

30 Miss. Admin. Code Pt. 2001, R. 5.4 Licensure Pursuant to the Military Family Freedom Act

Active members of the military, spouses, and/or dependents of an active member of the military, located in Mississippi, seeking registration pursuant to the Military Family Freedom Act, MISS. CODE ANN. § 73-50-1 et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “military application,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application, and

B. Official copy of National Board scores demonstrating passage of parts one (1), two (2), three (3), four (4), and physiotherapy from National Board of Chiropractic Examiners,

C. a copy of the applicant’s current and valid, out-of-state (or US Territory) chiropractic license or proof of military occupational specialty, completion of a military program of training, testing, and/or experience performed in the occupational specialty, and

D. proof of good standing from the out-of-state (or US Territory) licensing board.

After an applicant completes the military application, the applicant will receive a temporary practice permit valid for 365 days from the date of issue. The Board will either issue or deny a license within 120 days from the date of the application.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-50-1.

30 Miss. Admin. Code Pt. 2001, R. 5.5 Travel to Treat Temporary License

A chiropractor licensed and in good standing with another state, U. S. Territory, or foreign jurisdiction may request a Travel to Treat Temporary License by completing an application if he is employed or designated in a professional capacity by a sports team, performing arts entity, or other similar non-resident entity visiting Mississippi for a specific event.

This application, entitled “Travel to Treat” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. An application must be submitted to the Board at least twenty (20) days prior to the event, and must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. Official copy of National Board scores demonstrating passage of parts one (1), two (2), three (3), four (4), and physiotherapy from National Board of Chiropractic Examiners,

C. a copy of his valid chiropractic license from the other state (or US Territory) or foreign jurisdiction and proof of good standing from the other state (or US Territory) or foreign jurisdiction’s licensing board, and

D. Non-refundable fee made by certified check, money order, or other method as approved by the Board.

A chiropractor issued a Travel to Treat license must limit his practice to the athletes, performers, members, coaches, and/or official staff of the non-resident entity and must limit his practice to the designated venue and/or area of the event. The Board, at its discretion, may inspect the venue and/or event area as well as the chiropractic services provided by persons holding the Travel to Treat license.

A chiropractor issued a Travel to Treat license may utilize only those chiropractic practices and procedures within the scope of practice in Mississippi as authorized by MISS. CODE ANN. § 73-6-

1 et seq. Any violations of any law or regulations governing the chiropractic practice in Mississippi shall result in an immediate revocation of all chiropractic practice privileges in Mississippi. The Board may, in its discretion, determine if the violation is grounds for refusal or sanction of a license should the violator later apply for licensure in this state.

History

• Source: MISS. CODE ANN. § 73-6-14 (2).

30 Miss. Admin. Code Pt. 2001, R. 5.6 Emergency License for Non-Residents

The Board may issue, in its discretion and without an examination as described in Rule 5.2, an emergency license to an applicant who completes an application for emergency license that is accompanied by a certification from all states, U.S. Territory, and foreign jurisdictions in which the applicant holds a chiropractic license of his good standing. This application, entitled “emergency license,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. a copy of his valid chiropractic license from the other state, (US Territory), and foreign jurisdiction and proof of good standing from the other state, (US Territory), and foreign jurisdiction’s licensing board, and

C. Non-refundable fee made by certified check, money order, or other method as approved by the Board.

An emergency license expires at the end of ninety (90) days but may be extended at the discretion of the Board for good cause shown. An extension request must be submitted in writing to the Board, along with the non-refundable fee by certified check, money order, or other method as approved by the Board.

History

• Source: MISS. CODE ANN. § 73-6-14 (3).

30 Miss. Admin. Code Pt. 2001, R. 5.7 Reciprocity

Applicants seeking licensure through reciprocity may complete an abbreviated application available to qualifying applicants. This application, entitled “Reciprocity Application,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be accompanied by:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. Official copy of National Board scores demonstrating passage of parts one (1), two (2), three (3), four (4), and physiotherapy from National Board of Chiropractic Examiners,

C. Non-refundable examination fee made by certified check, money order, or other method as approved by the Board.

D. A copy of the applicant’s active, valid, out-of-state (or US Territory) chiropractic license along with proof of good standing from the out-of-state’s (or US Territory) licensing board, and, if applicable,

E. Documentation of completion of a course of, at minimum, one hundred twenty (120) hours on proper utilization of electric therapeutic modalities which induce heat or electrical current beneath the skin and are approved by the Counsel on Chiropractic Education.

After an applicant completes the reciprocity application and pays the required fee, the applicant must also pass the examination described in Rule 5.2.

History

• Source: MISS. CODE ANN. §§ 73-6-13 (4) & 71-6-1 (2)-(3).

30 Miss. Admin. Code Pt. 2001, R. 5.8 Good Moral Character

The Board may consider the following in determining whether an applicant is of “good moral character:”

A. Conviction of any criminal offense, other than a routine traffic violation;

B. Disciplinary action taken by the applicable governmental authority of any jurisdiction against any professional license, registration, or certification held by the applicant/licensee; or

C. Conduct that involves any of the following:

i. Failure to exercise proper regard for the applicant/licensee’s own health, welfare, or safety; ii. Failure to exercise proper regard for the health, welfare, safety, or legal rights of another person; or iii. Fraud, deception, or lack of honesty or truthfulness.

History

• Source: MISS. CODE ANN. §§ 73-6-13 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 5.9 Fresh Start Act Request

An individual may submit a request to the Board for a determination of whether the individual’s criminal record will disqualify him from obtaining a license. The determination request shall be in writing on the form supplied by the Board and signed by the requestor in the presence of a notary. The request shall also be accompanied by a certified copy of any judgment of conviction. Each requestor must also pay the non-refundable fee by certified check, money order, or other method as approved by the Board.

The Board shall issue a written determination to the individual within thirty (30) days of the Board’s receipt of the individual’s request and all required documents and fees. If the Board determines that the individual’s criminal record prohibits the individual from obtaining a license, the Board shall provide the individual with the grounds for disqualification, notify of the right to a hearing to be conducted as described in Rule 10, notify of the earliest date for reapplication for

licensure, and notify of what rehabilitation may be considered upon reapplication.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (1) & 73-77-1.

30 Miss. Admin. Code Pt. 2001, R. 5.10 Application Retention

Applications shall be retained as required by General Schedules of the Mississippi Department of Archives and History.

History

• Source: MISS. CODE ANN. §§ 73-6-13 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 5.11 Conditional Approval

After a complete application and fee are received by the Board and upon review of the Examination Committee Chairperson, an applicant may receive conditional approval and may practice under such approval for six (6) months. A conditional approval must be reviewed by the full Board at the next regularly scheduled Board meeting. A conditional approval may be extended for an additional six (6) months once. A conditional approval is available for the following: Travel to Treat Temporary License, Emergency License for Non-Residents, Animal Practice, Extern/Sponsoring Chiropractor, and Intern/Preceptor.

History

• Source: MISS. CODE ANN. § 73-6-5.

30 Miss. Admin. Code Pt. 2001, R. 6.1 Renewal Filing

To renew a license, each chiropractor must yearly complete the renewal packet included under the Licensee Portal found at http://www.msbce.ms.gov or as may otherwise be made available by the Board. All licensees who were licensed in the current year of renewal are required to complete the renewal packet and pay the required fee; however, continuing education hours are not required for licensees newly licensed in the current year of renewal. (See Rule 7.2)

As part of the yearly renewal, a chiropractor must update his photo as per the specifications found in Rule 5.1. The chiropractor shall also verify/update the following information: licensee contact, clinic, employees, continuing education courses taken by employees, office information sheet, and other information as required by the Board. The chiropractor shall upload course certificates for the required continuing education units specified in Chapter 7. The Board reserves the right to audit the information provided in the renewal filing to confirm the information conforms with the rules of the Board.

History

• Source: MISS. CODE ANN. § 73-6-17 (2).

30 Miss. Admin. Code Pt. 2001, R. 6.2 Renewal Fees

Each renewal application shall be accompanied by a renewal fee to be paid on or before June 30 of each year. Renewal fees are non-refundable and must be paid by certified check, money order, or other methods approved by the Board.

History

• Source: MISS. CODE ANN. §§ 73-6-17 & 73-6-34 (2)(d).

30 Miss. Admin. Code Pt. 2001, R. 6.3 Late Renewal Fee

A delinquent fee of no more than Three Hundred and No/100 Dollar ($300.00) shall be added to any renewal received on or after July 1.

History

• Source: MISS. CODE ANN. § 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 6.4 Information Update Form

As part of the yearly licensee renewal process, each renewal application must provide and/or update the following information for the licensees’ clinic to the Board: (1) clinic name, (2) clinic physical address, (3) clinic mailing address, (4) telephone number, (5) fax number, (6) e-mail address, (7) list of all licensed chiropractors, (8) list of all chiropractic assistants, (9) list of all radiologic technologists, (10) list of all unlicensed graduate chiropractors, (11) start date for all unlicensed graduate chiropractors, (12) licenses/certification/permits held by unlicensed graduate chiropractors, (13) tasks performed by unlicensed graduate chiropractors, (14) compliance with advertising restrictions found in Chapter 11, (15) compliance with continuing education requirements for licensed chiropractors, (16) compliance with continuing education requirements for chiropractic assistants, (17) compliance with continuing education requirements for radiologic technicians, and (18) list of all personnel not otherwise previously disclosed.

The Office Information Update Form must be verified by the owner of the clinic and by all staff who are identified by both name and title.

The Board must be notified of staff changes within ninety (90) days of such change.

History

• Source: MISS. CODE ANN. § 73-6-5.

30 Miss. Admin. Code Pt. 2001, R. 6.5 Inactive License Status

A licensed chiropractor in good standing who chooses not to practice or offer to practice chiropractic in the State of Mississippi may request an inactive license status at the time of licensure renewal. A licensee in an inactive status can represent himself to the public as a chiropractor but cannot otherwise practice or offer to practice chiropractic in the State of Mississippi.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 6.6 Retired License Status

A licensed chiropractor in good standing who chooses not to practice or offer to practice chiropractic in the State of Mississippi and is at least seventy-five (75) years of age and has practiced for an aggregate of ten (10) years may request a retired status license at the time of licensure renewal. The Board may, in its discretion and for reasonable cause shown, grant retired status to a licensed chiropractor in good standing who is not yet seventy-five (75) years of age, but has practiced for an aggregate of ten (10) years or more. A licensee in a retired status can represent himself to the public as a chiropractor but cannot practice or offer to practice chiropractic in the State of Mississippi.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 6.7 Expired License Status

Any license that is not renewed or placed on inactive or retired status on or before August 30 of each year will be deemed expired. A person

holding a license in expired status may not practice or offer to practice chiropractic in the State of Mississippi.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 6.8 Reinstatement of an Expired License

A holder of a license in an expired status license may renew his license by moving it to an active status only after submitting to the Board all fees for each year lapsed and proof of all required continuing education hours for each year lapsed. Fees are payable by certified check, money order, or other methods approved by the Board.

A holder of an expired license may reinstate his license to an active status without examination as described in Rule 5.2 if the license has been expired for no more than two (2) years. For a license expired more than two (2) years, the holder must successfully pass the examination described in Rule 5.2.

Reinstatement of an expired license may be denied by the Board if the applicant is not in good standing by reason of outstanding complaints, pending disciplinary action, or the presence of such other reason as may justify the suspension or revocation of a license.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 6.9 Reinstatement of Inactive License or Retired License

A holder of an inactive or retired status license may reinstate his license to an active status by submitting to the Board the annual renewal fee and proof of continuing education hours completed for one (1) year. Fees are payable by certified check, money order, or other methods approved by the Board.

A holder of an inactive license or a retired status license may reinstate his license to an active status without examination as described in Rule 5.2 within two (2) years or less of moving the license to inactive or retired status. At any time after two (2) years, a holder of an inactive license or a retired status license must successfully pass the examination described in Rule 5.2 to reinstate his license to active status.

Reinstatement of an inactive license or a retired license may be denied by the Board if the applicant is not in good standing by reason of outstanding complaints against him, pending disciplinary action, or the presence of such other reasons as may justify the suspension or revocation of a license.

History

• Source: MISS. CODE ANN. §§ 73-6-5 & 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 7.1 Continuing Education Required

Each chiropractic license shall be renewed yearly by submitting to the executive secretary of the Board a certificate, certified by a state chiropractic board and a state chiropractic association, verifying his attendance of at least twelve

(12) hours of instruction in the latest chiropractic developments within the scope of Mississippi chiropractic practice, of which three (3) hours shall be upon the subject of risk management. To receive credit for continuing education, each course must be approved by the Board.

History

• Source: MISS. CODE ANN. § 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 7.2 Exemptions

A licensed chiropractor who has reached the age of seventy-five (75) years and does not practice or offer to practice chiropractic in the State of Mississippi shall be exempt from the annual payment of the license renewal fee and from annual submission of continuing education hours.

All licensees who were licensed in the current year of renewal are not required to submit continuing education hours with the renewal packet.

History

• Source: MISS. CODE ANN. § 73-6-17.

30 Miss. Admin. Code Pt. 2001, R. 7.3 Inactive Licensure Status and Continuing Education

Yearly, all chiropractors holding an inactive license shall submit to the executive secretary a certificate, certified by a state chiropractic board and a state chiropractic association, verifying his attendance of at least twelve (12) continuing education hours of which nine (9) hours shall be regarding the latest chiropractic developments within the scope of Mississippi chiropractic practice and three (3) hours shall be regarding the subject of risk management. To receive credit for continuing education, each course must be approved by the Board.

History

• Source: MISS. CODE ANN. § 73-6-17

30 Miss. Admin. Code Pt. 2001, R. 7.4 Claims Examiner Continuing Education

Yearly, all chiropractors performing claims review and/or independent examinations as defined in Rule 13.1 (c) shall present to the Board proof of ten (10) hours of continuing education focused on claims review instruction or developments. Each continuing education course must be approved by the Board.

The required continuing education hours for claims examiners must be submitted in addition to the required continuing education hours for licensed chiropractors detailed in Rule 7.1.

History

• Source: MISS. CODE ANN. § 73-6-34 (2)(b).

30 Miss. Admin. Code Pt. 2001, R. 7.5 Animal Practice Continuing Education

Every three years, all chiropractors registered with the Board as performing chiropractic services on animals pursuant to Rule 12.4 should present to the Board proof of thirty (30) hours of continuing education focused on animal chiropractic instruction or developments. Each continuing education course should be approved by the Board.

The required continuing education hours for chiropractors registered with the Board as performing chiropractic services on animals pursuant to Rule 12.4 must be submitted in addition to the required continuing education hours for licensed chiropractors detailed in Rule 7.1.

History

• Source: MISS. CODE ANN. § 73-6-1 (8).

30 Miss. Admin. Code Pt. 2001, R. 7.6 Excess Hours

Continuing education hours earned in excess of those required for each annual renewal may be carried over for two (2) additional renewal periods.

History

• Source: MISS. CODE ANN. §§ 73-6-1 (8); 73-6-17; 73-6-34 (2)(b).

30 Miss. Admin. Code Pt. 2001, R. 8.1 Defined

A chiropractic assistant is anyone who participates in direct patient care by providing ancillary services or procedures in a chiropractic practice under the direct supervision and control of a licensed chiropractor. Direct patient care is defined as any hands on or face to face contact with patients at any point during the chiropractic practice.

A chiropractic assistant may not be licensed to practice chiropractic in Mississippi or any other jurisdiction. A chiropractic assistant may not have held a license to practice chiropractic, or any other healthcare profession suspended, revoked, or denied for any reason other than failing to meet education or licensing examination requirements in this or any other jurisdiction.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.2 Educational Requirements

Except at the discretion of the Board, a chiropractic assistant must have either a high school diploma or a GED.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.3 Limitations on Scope of Practice

A certified chiropractic assistant may not:

A. Evaluate, interpret, design, or modify an established treatment program of chiropractic care, B. Create the course of chiropractic treatment plans, C. Participate in clinical decision making, D. Represent himself as an independent health care provider, E. Perform medical imaging unless so licensed as a chiropractic radiologic technologist under Chapter 9, or F. Perform adjustments or manipulative techniques.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.4 Coursework Requirements

All chiropractic assistants must complete six (6) hours of coursework as approved by the Board. Chiropractic assistants must begin Board- approved coursework within three (3) months of initial employment and must complete the coursework within six (6) months of initial employment. The basic coursework includes four (4) areas:

1. foundational knowledge (i.e. human anatomy, human physiology, clinical terminology, and treatment and conditions), 2. patient safety and procedures (i.e. recognizing and preventing office hazards, therapeutic modalities and procedures, X-ray safety, and vital statistics), 3. documentation (i.e. forms, HIPAA, billing and coding, and record keeping), and 4. ethics and boundaries (i.e. sexual boundaries/harassment, patient-staff

relations, doctor-staff relations, finances and billing, and confidentiality).

The coursework may be obtained from a course(s) at which both the presenter and attendee are live and in-person.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.5 Application

The application, entitled “chiropractic assistant,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be submitted within three (3) months of initial employment. Along with the application, the applicant must also submit a 2x2 inch passport style photograph taken within the immediate year before the application.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.6 Continuing Education

Annually, a chiropractic assistant must complete six (6) hours of continuing education in a course(s) of study approved by the Board.

Continuing education hours earned in excess of those required for each annual renewal may be carried over for two (2) additional renewal periods.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.8 Renewals

Annually, each chiropractic assistant must submit to the executive secretary a certificate demonstrating completion of continuing education course(s) required by Rule 8.6. Each chiropractic assistant shall also pay the non-refundable renewal fee by certified check, money order, or other method as approved by the Board. Renewal fees must be paid on or before June 30 of each year. Late renewals are subject to the additional fee of $100.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.9 Transferability

If a licensed chiropractor employs a chiropractic assistant who has been registered with the Board under the supervision of another chiropractor, the licensed chiropractor must submit a “chiropractic assistant registration transfer” form that is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.10 Expired Status

Each chiropractic assistant who fails to annually obtain continuing education required by Rule 8.6 and/or pay the required renewal fee required by Rule 8.8 shall be placed on an expired status and shall be unable to work as a chiropractic assistant in the State of Mississippi for renumeration. A chiropractic assistant on expired status may move to active status by obtaining six (6) hours of continuing education per Rule 8.6 for each year expired and paying the fee as per Rule 8.8.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 8.11 Reinstatement of Expired Registration

The holder of a chiropractic assistant registration in an expired status may reinstate his license to an active status by submitting to the Board all fees and required continuing education hours.

History

• Source: Miss. Code Ann. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 9.1 Defined

A chiropractic radiologic technologist is an individual who is also a registered chiropractic assistant and who applies x-radiation or ionizing radiation to any part of the human body for diagnostic purposes in a chiropractic setting.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (1) & 41-58-3 et seq.

30 Miss. Admin. Code Pt. 2001, R. 9.2 Registration

Every chiropractic radiologic technologist is required to register with the Board by submitting a form entitled “radiologic technologist” that is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. Along with the application, the applicant must also submit the following:

A. 2x2 inch passport style photograph taken within the immediate year before the application;

B. Verified certification and registration on AART letterhead; and

C. Non-refundable fee made by certified check, money order, or other method as approved by the Board.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 9.3 Continuing Education

Within twelve (12) months of employment and again biennially, each registered chiropractic radiologic technologist must complete twelve (12) hours of continuing education with six (6) of the twelve (12) hours in radiation protection. All hours must be approved by the Department of Health. These continuing education hours may be acquired through in-person, virtual, or online courses as required and regulated by the Department of Health. This requirement is in addition to the continuing education requirements required for chiropractic assistants listed in Rule 8.4.

Continuing education hours earned in excess of those required for each annual renewal may be carried over for two (2) additional renewal periods.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 9.4 Renewals

Biennially, each chiropractic radiologic technologist must submit to the executive secretary a certificate demonstrating completion of continuing education

course(s) required by Rule 9.3. Each chiropractic radiologic technologist shall pay the non- refundable renewal fee by certified check, money order, or other method as approved by the Board. The renewal fee must be paid on or before June 30 biennially. Late renewals are subject to the additional fee of $100.

History

• Source: MISS. CODE ANN. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 9.5 Expired Status

Each chiropractic Radiologic Technologist who fails to biennially obtain the continuing education required by Rule 9.3 and/or pay the required renewal fee required by Rule 9.4 shall be placed on an expires status and shall be unable to work as a chiropractic radiologic technologist in the State of Mississippi for remuneration.

History

• Source: Miss. Code Ann. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 9.6 Reinstatement of Expired Registration

A chiropractic radiologic technologist on expired status may move to active status by making reapplication to the board and submitting all fees and required continuing education hours.

History

• Source: Miss. Code Ann. § 73-6-5 (2).

30 Miss. Admin. Code Pt. 2001, R. 10.1 Complaint

Members of the public or the Board may initiate a complaint against a licensed chiropractor for an alleged violation of the law or the rules by completing the document entitled “complaint” that is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. All complaints must be signed and notarized. A complaint must be submitted by email, hand delivery, or mail to the Board.

Complaints must be filed within two (2) years of the date of the discovery of the alleged violation but no later than six (6) years from the date of the violation itself.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.2 Investigation

Once a complaint is received, the executive secretary shall enter the complaint into the Complaint Database and assign a number to the complaint. Once the Board’s jurisdiction is confirmed, a Board member will be assigned to investigate the complaint to determine if there is substantial justification supporting wrongdoing by the licensed chiropractor. The investigating board member, after consultation with the executive secretary and the Board’s attorney, will make a recommendation to the Board to proceed with a dismissal, consent order, informal conference, or formal disciplinary hearing.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.3 Complaint, Summons, and Notice of Hearing

For the purposes of this rule, “complaint" refers to the formal document issued by the Board to initiate a disciplinary

proceeding. The complaint is based on prior investigation of charges or information and shall set forth a statement of the charges against the respondent. The complaint shall instruct the respondent to personally appear at a disciplinary hearing, inform of the respondent’s right to counsel, and to produce witnesses and evidence on his behalf as well as the right to cross- examine adverse witnesses and evidence.

“Summons and notice of hearing" refer to the document accompanying the complaint which compels the respondent to appear and sets forth the date, time, and place of the hearing.

The complaint and notice of the hearing shall be served upon the respondent no less than thirty (30) days prior to the scheduled date of the disciplinary hearing, either:

1. by certified mail, return receipt requested, to the address on file respondent with the Board or 2. personally served on the respondent or 3. emailed to the respondent’s most recent address on file with the Board.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.4 Consent Orders

If, after receipt of a complaint and prior to a disciplinary hearing, a respondent desires to admit to a violation, a consent order may be entered between the Board and respondent without the necessity of a hearing. This opportunity for settlement shall be at the sole discretion of the investigative committee. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.5 Informal Conferences

The respondent or the Board may request an informal conference with the investigative committee for the purpose of presenting evidence in contradiction of the allegation(s) of the complaint. The investigative committee will be composed of the designated Board member, the executive secretary, the Board attorney, and appropriate staff personnel; however, the absence of the designated Board member or the executive secretary or Board attorney shall not invalidate the formation of the committee or the conclusions of the conference. The respondent may have an attorney present only in an advisory capacity. If the respondent desires a conference and the complaint cannot thereafter be dismissed, an effort will be made to reach an informal settlement and consent order as provided in Rule 10.4.

The informal conference or settlement negotiation shall be completed no less than ten (10) days before the scheduled date of the disciplinary hearing; provided, however, the Board's investigative committee, at its sole discretion, may continue the disciplinary hearing at the request of the respondent for the purpose of completing said proceedings.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.6 Right to Counsel

All applicants and licensees have a right to counsel at their own expense.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.7 Recusal

A Board member shall not be entitled to participate in any disciplinary action if the Board determines such member is personally biased against the respondent.

Any respondent in a disciplinary proceeding may assert a conflict or bias against a Board member by filing with the executive secretary at least three (3) days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with specific details of the factual bias for the assertion.

The recusal or disqualification of Board members shall be considered on the record as a preliminary matter at the hearing. If, after consideration, recusal or disqualification of members results in the absence of a quorum, substitute panel members shall be selected from the most recent slates of Board appointment candidates established by the Mississippi State Board of Chiropractic Examiners to the extent necessary to establish a quorum necessary for the Board to conduct the hearing and take action, if necessary. The service of substitute panel members is limited to the one disciplinary hearing for which he was selected. Substitute panel members shall receive compensation as provided for Board members in Section 73-6-9, Miss. Code Ann.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.8 Hearings

Disciplinary hearings are before the Board and presided by the Board Chairman or a designee of the Board. The investigative board member shall not sit as a member of the Board in any disciplinary hearing resulting from that investigation.

The Board shall have the power to compel the attendance of witnesses and the production of books, documents, records, and other papers by subpoena. Upon the request of the respondent, the Board likewise may also compel the attendance of witnesses and the production of books, documents, records, and other papers by subpoena for and on behalf of respondent.

Disciplinary hearings may be recorded and/or transcribed by a court reporter.

The Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence are inapplicable to the conduct of disciplinary hearings.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.9 Order

The Board shall issue an order within ninety (90) days after the close of the hearing, which shall include findings of facts and conclusions of law, stated separately. The Board’s Order shall be provided by certified mail, return receipt requested, to the respondent, and by first class mail to each attorney of record.

All orders issued by the Board shall be reflected in the Board minutes and shall be matters of public record and preserved pursuant to state law.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 10.10 Discipline

Upon a finding that the respondent has violated any law or rule and regulation adopted by the Board, the Board may censure; reprimand; admonish; require the completion of a course in ethics and additional education as approved by the Board; fine the respondent; suspend/limit/restrict the respondent's licensure to practice as a Chiropractor for up to five (5) years; and/or revoke the respondent’s licensure to practice as a Chiropractor.

The Board may, in its discretion, temporarily stay the execution of its order conditioned upon any provision the Board deems just and proper under the circumstances of each case.

In determining whether a license should be revoked or suspended, and whether execution of the order should be stayed, the Board shall consider all relevant factors, including, but not limited, to the following:

1. the severity of the violation(s); 2. the actual or possible danger to the public resulting from the respondent's past and present violation(s); 3. the actual damage resulting from the respondent's past and present violation(s); 4. the number of past repetitions of the respondent's present violation(s); 5. the length of time since the occurrence of the respondent's present violation(s); 6. the number and seriousness of previous violations; 7. the length of time the licensee has practiced; 8. the deterrent effect of the penalty imposed; 9. the effect of the penalty upon the respondent's livelihood; 10. any efforts of rehabilitation; and 11. any other mitigating or aggravating circumstances.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-19.

30 Miss. Admin. Code Pt. 2001, R. 11.1 Deceptive Advertising Prohibited

All chiropractors along with all office staff are prohibited from using false, misleading, or deceptive advertisements for any service or exam regardless of whether a fee is charged for such service or exam.

History

• Source: MISS. CODE ANN. §§ 73-6-25 (1) (a)-(c) & 41-121-1 et seq.

30 Miss. Admin. Code Pt. 2001, R. 11.2 Disclosure of Costs

All chiropractors may not offer a service or exam at a discounted price without also disclosing the undiscounted price of the same service or exam.

History

• Source: MISS. CODE ANN. § 73-6-25 (1) (a)-(c).

30 Miss. Admin. Code Pt. 2001, R. 11.3 Rule 11.3

Advertising a Procedure as “Painless.” All chiropractors may not advertise, promise, or guarantee to perform any operation or professional service “painlessly”.

History

• Source: MISS. CODE ANN. § 73-6-25 (1) (a)-(c).

30 Miss. Admin. Code Pt. 2001, R. 12.1 At Will Patient Relationship

A chiropractor acknowledges that his patients have a right to choose a chiropractor and/or health care provider and may amend provider choice at will.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 12.2 Record Preservation

A chiropractor should preserve and protect a patient’s confidence and records, except as directed by the patient or required by the law. A patient’s history, symptoms, diagnosis, and/or treatment should not be discussed with any third party unless written consent is provided by the patient or patient representative.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 12.3 Patient Records

A chiropractor should comply with a patent’s written and notarized authorization to provide records, or copies thereof, to whomever the patient designates and authorizes to receive and/or inspect such records. A reasonable fee may be charged for the cost of duplication of records in compliance with a patient request.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 12.4 Animal Chiropractic

A licensed chiropractor may act as an unlicensed veterinary assistant and may manipulate and/or adjust animals under the direct supervision of a Mississippi licensed veterinarian provided that the licensed chiropractor has successfully completed a course of study approved by the American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or another course that is substantially equivalent and approved by the Mississippi Board of Veterinary Medicine. Any licensed chiropractor providing services on animals must register with the Board. Initial registration shall require a certified transcript demonstrating completion of course of study as approved by the American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or another course that is substantially equivalent and approved by the Mississippi Board of Veterinary Medicine.

A Mississippi licensed chiropractor who has acted as an unlicensed veterinary assistant and has manipulated and/or adjusted animals under the direct supervision of a Mississippi licensed veterinarian for a period of eight (8) years prior to July 1, 2025, shall not be required to successfully complete a course of study approved by the American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or another course that is substantially equivalent and approved by the Mississippi Board of Veterinary Medicine but may continue to provide chiropractic services to animals if he registerers as such with the Board on or

before September 30, 2025.

History

• Source: MISS. CODE ANN. § 73-6-1 (8).

30 Miss. Admin. Code Pt. 2001, R. 12.5 Vitamins

Only licensed chiropractors may recommend, dispense, or sell vitamins and/or food supplements within the professional and ethical practice of chiropractic. Any employee of the licensed chiropractor, including but not limited to a chiropractic assistant, shall be prohibited from recommending, dispensing, or selling vitamins and/or food supplements.

History

• Source: MISS. CODE ANN. § 73-6-1 (4).

30 Miss. Admin. Code Pt. 2001, R. 12.6 Manipulation Under Anesthesia

A licensed chiropractor may engage in the practice of chiropractic while the patient is under anesthesia/joint anesthesia (“MUA/JA”) if the following criteria are met: A. MUA/JA is performed at a facility that is licensed by the Mississippi Department of Health and approved by one (1) of the following: 1. Joint Commission on Accreditation of Healthcare Organizations, 2. American Osteopathy Association, or 3. Accreditation Association of Ambulatory Healthcare, or Medicare; and

B. the anesthetic sedative, or other drug, is administered to the patient by one of the following: a licensed medical doctor, doctor of osteopathy who is a board-eligible, board-certified anesthesiologist, a certified registered nurse anesthetist, or individual under the direct supervision of that professional; and

C. the chiropractor has completed a certification course in MUA/JA of not less than eighteen (18) didactic academic hours and completed five (5) proctored MUA/JA procedures as part of the certification course. The MUA/JA certification course must be sponsored by a school/college’s chiropractic program that is accredited by the Council on Chiropractic Education or its equivalent.

A chiropractor who violates this rule is guilty of unprofessional conduct. No hospital is required to grant allied hospital privileges to a chiropractic physician performing MUA/JA.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 12.7 Expertise

Except as otherwise provided by law, rule, or regulation of this state, any Mississippi licensed chiropractor in good standing may hold himself out as an expert on the issue(s) in question by virtue of knowledge, skill, experience, training, or education and may testify as such in legal proceedings.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 12.8 Mobile Chiropractic Facility

A mobile chiropractic facility is a self- contained, enclosed motor vehicle that is movable to different locations. Except as otherwise provided by law, rule, or regulation of this state, any Mississippi licensed chiropractor in good

standing may practice chiropractic in a mobile chiropractic facility.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 13.1 Definition of Terms

As used in this Chapter as well as in MISS. CODE ANN. § 73-6-34, the following words are defined as follows:

A. Adverse Action. Denial, disallowance, or only partial payment of any expected benefit contemplated pursuant to an insurance contract or policy.

B. Claim or Insurance Claim. A written or electronic request for payment of benefits in accordance with the terms and conditions of a written contract or policy to provide guarantee, reimbursement, or indemnification for those certain specified services.

C. Claims Review or Independent Examination. Services for third-party entities for the purpose of rendering a decision on chiropractic insurance claims.

D. Evaluation. A desk review of pertinent documents, charts, tests, and related diagnostics to determine necessity of chiropractic services and care recommended or rendered to a patient in accordance with the recognized standard of care in the chiropractic community.

E. Health Care Services. All forms of chiropractic care rendered or available to a patient.

F. Insurance Company. A person, corporate entity, organization, or association or any type, whether domestic or foreign, providing health care benefits of any type, pursuant to a contract or policy. This includes fraternal benefit societies and health maintenance organizations.

G. Services Rendered. All forms of chiropractic care rendered to a patient by a duly licensed chiropractor or under the supervision of a duly licensed chiropractor.

H. Third Party Entities. A person, company, or organization, other than the health care provider or patient.

History

• Source: MISS. CODE ANN. § 73-6-34.

30 Miss. Admin. Code Pt. 2001, R. 13.2 Registration with Board

A Mississippi licensed chiropractor who performs claims review or independent examinations as defined in Rule 13.1 (c) must be registered as a claims reviewer with the Board. An application for registration as a claims reviewer is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. The application must be accompanied by:

A. Proof of successful completion of 300 classroom hours of study, as outlined in Rule 13.3, in insurance claim review through a course of study recognized by the Council of Chiropractic Education (“CCE”) and approved by the Board and

B. Payment of the non-refundable registration fee of $25.00 by certified check, money order, or other method as approved by the Board.

A Mississippi licensed chiropractor who was actively performing claims review or independent examinations as defined in Rule 13.1 (c) prior to 1994 is exempt from the requirement listed in Rule 13.2 (a) but must submit proof of successful completion of 100 classroom hours of study in insurance claims review through a course of study recognized by the CCE and approved by the Board as well as proof of actively performing at least ten (10) claims reviews prior to July 1, 1994. The requirements of Rule 13.2 (b) also must be met.

History

• Source: MISS. CODE ANN. § 73-6-34.

30 Miss. Admin. Code Pt. 2001, R. 13.3 Board Approved 300 Hour Course of Study

The 300 hours of classroom study must be recognized by the CCE and pre-approved by the Board. The curriculum for the 300-hour study should be as follows:

A. At least one (1) 100-hour course in claims review, B. Certified course in impairment rating, C. Certified course in disability assessment, D. Classes in claims review taught within a school/college’s chiropractic program that is accredited by the CCE or its equivalent, E. Classes in insurance coding or compliance taught by a recognized organization, and F. Certified coding specialist classes or medical compliance specialist classes.

Other classroom hours may be approved at the discretion of the Board and will be considered on a case-by-case basis.

Orthopedic, neurological, radiographic, pediatric, nutrition, sports physician, or sports science classes will not be approved classroom hours and will not be counted toward the 300 hours of study.

History

• Source: MISS. CODE ANN. § 73-6-34.

30 Miss. Admin. Code Pt. 2001, R. 14.1 Definitions

As used in this Chapter, the following words are defined as follows:

A. Experience or Practicum Educational Experience. A specific educational program developed for an intern under the on-site supervision of a preceptor.

B. Licensee. A person who holds a valid license to practice chiropractic in this state.

C. Preceptor. A chiropractor who provides on-site supervision and evaluation of an intern in a clinical setting for hands-on training.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.2 Preceptor Qualifications

Only a Mississippi licensed chiropractor holding an active status license with a minimum of five (5) years of experience, having no disciplinary actions for the preceding three (3) years, and having a chiropractic office where a minimum of fifty (50) patients are treated weekly may serve as a preceptor. The preceptor’s office must be pre-approved by the intern’s accredited chiropractic program at a college/school, and the office is subject to approval and inspection by the Board. In patient practice, the preceptor must take a patient’s medical history, conduct a physical examination of the patient, and utilize diagnostic procedures.

A preceptor is not liable for the payment/compensation of any form for any service performed by any intern’s instructor/supervisor associated with the intern’s chiropractic program at a college/school. The preceptor must maintain malpractice insurance that shall include coverage for the intern. A preceptor may supervise no more than one (1) intern per semester.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.3 Preceptor Application

Applicants seeking to be preceptors must complete an application available to qualifying applicants. This application, entitled “preceptor application,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. Applications must include a nonrefundable fee payable to the Board via money order, certified check, or other method as approved by the Board.

The Board should notify the applicant of acceptance or rejection in writing. If the applicant is rejected, the Board shall provide the reason(s) for the rejection of the application in writing to the applicant.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.4 Intern Application

Only students at a CCE accredited chiropractic program at a college/school in their last academic year may apply for the program. Applications for interns must be made in writing to the Board. This application, entitled “intern application,” is available on the Board’s website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. Applications must include certification by an official of the applicant’s college/school that the applicant has satisfactorily completed the prerequisite curriculum, as determined by the collage/school, for participation in the program.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.5 Preceptorship Program

The organization, content, duration, and weekly schedule of each preceptorship shall be jointly developed by the designated representative of the intern’s college/school and the preceptor at least one (1) month prior to the start of the preceptorship.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.6 Program Responsibilities: Preceptor

A preceptor is responsible for onsite supervision of the intern when the intern is providing or assisting in the performance of chiropractic services or procedures. The preceptor shall provide an intern with a minimum of twenty-five (25) office hours per week and shall provide to the intern’s college/school and the Board a detailed list of the intern’s duties.

To the intern’s college/school and the Board, the preceptor shall submit in writing the names and professional credentials of all persons assisting with the program and shall update as to any change of preceptor.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.7 Program Responsibilities: Intern

An intern’s program period is specified by the intern’s college/school for the purpose of augmenting his competence in all legal and ethical areas of chiropractic practice. The intern shall complete all program related forms required by the intern’s college/school and the Board.

An intern shall provide a current telephone number and address to the preceptor and the Board and shall update any change within twenty-four (24) hours of such change. The intern must provide his own transportation and living arrangements during the program. The intern must report timely, dress appropriately, and comply with all policies and procedures of the Preceptor’s office.

The intern must not submit for publication any material related to the program experience without prior written approval of the preceptor and intern’s college/school.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.8 Program Responsibilities: College/School

The college/school shall designate a faculty member as the college/school’s designated representative who will, jointly with the preceptor, develop the program as detailed in Rule 14.5.

The college/school shall determine the requirements for and assure the preceptor that an intern has satisfactorily completed the prerequisite curriculum for participation in the program.

The college/school shall communicate to the preceptor the complete name, biographical data, work experience, and health status of the intern at least one (1) month prior to the start of the program.

The college/school shall enforce the rules and regulations governing the intern’s conduct during the program and shall have the ability to terminate the program and remove an intern upon the request of a preceptor for just cause.

At all times, the college/school or the Board may inspect the preceptor’s chiropractic office, evaluate the services available for the intern’s experience, inspect the intern’s records, and inspect any other items related to the Preceptorship Program.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.9 Records

The preceptor shall maintain a complete record of the intern’s performance and provide an evaluation of the intern on the form provided by the intern’s college/school. Any incident report maintained by the preceptor shall be the property of the preceptor but may be provided to the intern’s college/school or Board upon written request.

The college/school shall maintain and provide to the Board, upon request, a copy of all records pertinent to the program.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 14.10 Program Termination

A college/school may remove an intern for (1) unprofessional or unsatisfactory performance, conduct, or demeanor, (2) a health status that is detrimental to the program’s goals, or (3) any other justifiable reason. A preceptor may, in an emergency, relieve an intern from any specific assignment. A preceptor may request that an intern leave the preceptor’s chiropractic office, pending determination of the intern’s completion of the program as to be determined by the intern’s college/school.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.1 Extern Qualifications

A person who has graduated from a CCE accredited college but has not been licensed in any state may be, at the Board’s discretion, an extern.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.2 Extern Application

A signed, notarized application must be made in writing to the Board and submitted prior to serving in the role of an extern. This application, entitled “Extern Application”, is available on the Boards’ website located at https://www.msbce.ms.gov or otherwise may be made available by the Board. An applicant must also submit with the extern application the following documents:

A. 2x2 inch passport style photograph taken within the immediate year before the application,

B. Certified transcript demonstrating completion of at least two (2) years or sixty (60)

hours of study at an accredited institution of higher learning or accredited junior college,

C. Certified transcript from an accredited chiropractic program at a college/school showing the date of graduation,

D. Transcript from National Board of Chiropractic Examiners demonstrating passage of the National Board tests, including parts one (1), two (2), three (3), four (4), and physiotherapy, and

E. Non-refundable application fee made by certified check, money order, or other method as approved by the Board.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.3 Sponsoring Chiropractor Application

An application to be a sponsoring chiropractor must be made in writing and approved by the Board prior to serving as a sponsor. This application, entitled “Sponsoring Chiropractic Application”, is available on the Boards’ website located at https://www.msbce.ms.gov or otherwise may be made available by the Board.

A Mississippi licensed chiropractor wishing to be a sponsoring chiropractor in this program must have an active status license and have been in practice in Mississippi for at least five (5) years. He must have no disciplinary action against his license in Mississippi for the preceding three (3) years.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.4 Program Duration

The program lasts for six (6) months after acceptance into the program.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.5 Program Transferability

An approved extern may transfer to an approved sponsor only after a written request for a transfer is approved by the Board.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.6 Program Renewal/Extension

To renew/extend the externship beyond the original six (6) month period, the extern and sponsoring chiropractor must submit a written request to extend to the Board. The written request must be accompanied by payment of a non- refundable renewal/extension fee. This fee may be made by certified check, money order, or other method as approved by the Board. Program renewal/extension is at the discretion of the Board and may not be granted more than once or for a term of more than six (6) months.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.7 Program Responsibilities: Extern

Externs shall practice within the scope of the laws and rules and regulations of the Board. Failure to follow the laws and rules and regulations will result in dismissal from the program. No extern may perform any chiropractic service without on-premises supervision by the sponsoring chiropractor.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 15.8 Program Responsibilities: Sponsoring Chiropractor

A sponsoring chiropractor in the program may have no more than one (1) extern at a time working in his office. The sponsoring chiropractor must be on-premises whenever the extern is performing chiropractic service.

History

• Source: MISS. CODE ANN. §§ 73-6-5 (2) & 73-6-14 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.1 Objective

A chiropractor’s ultimate objective should be to do “the greatest good for the patient” as he endeavors to perform a profession dedicated to the promotion of health, prevention of illness, and alleviation of suffering.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.2 Professionalism

A chiropractor should maintain a standard of professionalism in all dealings with patients, other members of the chiropractic profession, and members of other professions.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.3 Honesty and Competency

A chiropractor should provide patient care with honesty and endeavor to practice with the highest degree of professional competency.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.4 Objective Judgment

A chiropractor should use clinical judgment objectively and for the sole benefit of the patient. A chiropractor owes a duty of loyalty, compassion, and respect to his patients.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.5 Continued Education

A chiropractor should recognize his obligation to help others acquire knowledge and skill in the practice of the profession. A chiropractor should maintain the highest standards of scholarship, education, and training in the accurate and full dissemination of information and ideas.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.6 Responsiveness

A chiropractor should hold himself ready to respond to a

need for his professional services; however, a chiropractor maintains the ability to either reject or accept any patient unless in an emergency.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.7 Patient Benefit Paramount

A chiropractor should attend to his patients as often as he considers necessary to ensure the patient’s wellbeing. A chiropractor should terminate the professional relationship with a patient when it is reasonably clear that the patient is no longer benefiting from professional services.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.8 Communication

A chiropractor should employ the principles of shared decision-making and their best good faith efforts to provide accurate information and facilitate understanding to enable the patient to make an informed choice regarding proposed treatment options including, but not limited to, services delivered by a chiropractor.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.9 Confidentiality

A chiropractor should preserve and protect the patient’s confidential information, except as the patient directs or consents or as the law requires.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.10 Consultations with Other Professionals

A chiropractor should consult with other health care professionals when such consultation would benefit his patient or if a patient expresses a desire for such consultation.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.11 Equipment Usage

A chiropractor should utilize established best practices, current guidelines and standards of care when making clinical decisions regarding treatment, laboratory testing, X-ray procedures, and/or nutritional products to ensure they are in the best interest of the patient and not in conflict with state statute or rules and regulations.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.12 Withdrawal of Professional Services

A chiropractor should not neglect a patient once he has attended to the patient. Should a chiropractor withdraw professional services from a patient, he should aver to protect the patient by providing notice to allow the patient time to obtain professional services from others and by delivering all patient papers to the person or facility requested by the patient as per Rule 12.2 and Rule 12.3.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.13 Charitable Practice Encouraged

A chiropractor is encouraged to enable

access to chiropractic care to persons who are unable to pay the reasonable and customary fee for such care.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.14 Illegal Conduct Discouraged

A chiropractor should maintain the highest standards of professional and personal conduct and should comply with all governmental jurisdictional rules and regulations.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.15 Sexual Intimacy with Patients Prohibited

A chiropractor should not engage in sexual intimacy with a patient or former patient within two (2) years of the physician/patient relationship.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.16 Dual Relationships Discouraged

A chiropractor should avoid dual relationships that could impair his professional judgement or risk exploitation of patient confidence.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.17 Public Officers

A chiropractor who is a public officer shall not engage in activities which are, or may reasonably be perceived to be, in conflict with his official duties.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.18 Referral Fees Prohibited

A chiropractor may not receive a fee, rebate, rental payment, or any other form of remuneration for the referral of a patient to a clinic, laboratory, or other health service entity.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

30 Miss. Admin. Code Pt. 2001, R. 16.19 Duty to Report

A chiropractor should report incidents of unprofessional, illegal, incompetent, and unethical acts to appropriate authorities and organizations to protect the patients, the public, and the profession.

History

• Source: MISS. CODE ANN. § 73-6-5 (1).

STATE BOARD OF CONTRACTORS STATE BOARD OF CONTRACTORS

Part 801 Administrative Procedure Rules

Chapter 1 Public Access

30 Miss. Admin. Code Pt. 801, R. 1.1 Method of Operation

1. Scope. Part 801 Chapter 1 Rule 1.1. is promulgated pursuant to Miss. Code Ann. § 25-43- 2.104 of the Administrative Procedures Law.

2. Description of Mississippi State Board of Contractors. Reference is made to the Mississippi Code Annotated §§ 31-3-1, et seq. and 73-59-1, et seq. (1972), which creates and sets out the duties and responsibilities of the Mississippi State Board of Contractors (“Board”) and the Standing Committee on Residential Builders and Remodelers (“Standing Committee”). Regulations adopted by the Board are the Mississippi State Board of Contractors Regulations. The Board’s staff is composed of two (2) divisions: Commercial, which regulates the issuance of certificates of responsibility for commercial contractors, and Residential, which regulates the issuance of licenses to residential builders and remodelers.

3. Where and how public may obtain information. The text of all Board rules, as well as information regarding pending rules, meetings and the like may be obtained by visiting the Board’s website at www.msboc.state.ms.us. Requests for Declaratory Opinions may be made pursuant to Part 801 Chapter 1 Rule 1.3 of these rules. Otherwise, requests for information may be made pursuant to and in accordance with the Mississippi Open Records Act by submitting written requests to:

The Mississippi State Board of Contractors Post Office Box 4124 Jackson, Mississippi 39232-0279 ATTN: Public Records Request

History

• Source: Miss. Code Ann. § 25-43-1.104.

30 Miss. Admin. Code Pt. 801, R. 1.2 Oral Proceedings on Proposed Rules

1. Scope. Part 801 Chapter 1 Rule 1.2 of these Rules is promulgated pursuant to Miss. Code Ann. § 25-43-3.104(2)(d) of the Administrative Procedures Law, and applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board under § 25-43- 3.104.

2. When Oral Proceedings will be Scheduled on Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or

ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

3. Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

4. Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

5. Presiding Officer. The Executive Director, or his designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

6. Public Presentations and Participation.

(a) At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

(b) Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.

(c) At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

(d) The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(e) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

(f) There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires.

7. Conduct of Oral Proceeding.

(a) Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call the proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule and the reasons provided by the Board for the proposed rule; (iii) call on those individuals who have contacted the Board about speaking concerning the proposed rule; (iv) allow for rebuttal statements following all participant’s comments; and (v) adjourn the proceeding.

(b) Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

(c) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure.

(d) Recording. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-3.104(2)(d).

30 Miss. Admin. Code Pt. 801, R. 1.3 Declaratory Opinions

1. Scope. Part 801 Chapter 1 Rule 1.3 of these Rules is promulgated pursuant to Miss. Code Ann. § 25-43-2.103(2) of the Administrative Procedure Law, and is intended to set forth the Board’s rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests, as required by Mississippi Code § 25-43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

2. Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the agency” means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

3. Subjects Which May Be Addressed In Declaratory Opinions. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board; or (2) a rule promulgated by the Board; or (3) an order issued by the

Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency.

4. Circumstances In Which Declaratory Opinions Will Not Be Issued. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(a) the matter is outside the primary jurisdiction of the Board;

(b) lack of clarity concerning the question presented;

(c) there is pending or anticipated litigation, administrative action, or other adjudicative proceedings which may either answer the question presented by the request or otherwise make an answer unnecessary;

(d) the facts presented in the request are not sufficient to answer the question presented;

(e) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(f) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute, rule or order about which a declaratory opinion is sought;

(g) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule or order;

(h) the question presented by the request concerns the legal validity of a statute, rule or order;

(i) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(j) no clear answer is determinable;

(k) the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

(l) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(m) the question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion;

(n) a similar request is pending before this agency or another agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal or where such an opinion would constitute the unauthorized practice of law;

(o) where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

(p) the question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

5. Written Request Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board.

6. Where to Send Requests. All requests must be mailed, delivered or transmitted via facsimile to:

The Mississippi State Board of Contractors Post Office Box 4124 Jackson, Mississippi 39232-0279

ATTN: DECLARATORY OPINION REQUEST

The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests or email requests will be accepted for official opinions.

7. Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

8. Question Presented. Each request shall contain the following:

(a) a clear and concise statement of all facts relevant to the question(s) presented;

(b) clear identification of the statute, rule or order at issue;

(c) the question(s) sought to be answered in the opinion, stated clearly;

(d) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, their name, mailing address and telephone number; and

(e) a statement sufficient to show that the person seeking the opinion has a substantial interest in the subject matter.

9. Time for Board’s Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing:

(a) issue a declaratory opinion regarding the specified statute, rule or order as applied to the specified circumstances;

(b) decline to issue a declaratory opinion, stating the reasons for its action; or

(c) agree to issue a declaratory opinion by a specified time but not later than ninety (90)days after receipt of the written request.

The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner.

10. Opinion Not Final For Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

11. Notice By Board To Third Parties. The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

12. Provision for Hearing. If the Board in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for a declaratory opinion, the Board may schedule such a hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail seven (7) calendar days prior to the hearing shall be deemed appropriate. The hearing shall be conducted in a manner deemed appropriate by the Board except that the Board shall allow the requestor to participate in any hearing and may allow the participation of others in its sole discretion as it deems appropriate.

13. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi

Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

14. Effect of a Declaratory Opinion. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board, and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or concurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. § 25-43-2.103(2).

Part 802 Commercial Construction

Chapter 1 Certificate of Responsibility

30 Miss. Admin. Code Pt. 802, R. 1.1 Application for Certificate of Responsibility

Pursuant to the powers and responsibilities of the State Board of Contractors conferred by Miss. Code Ann. §§ 31-3-13(f) (1972), as amended, and in accordance with Sections Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972), known as the Mississippi Administrative Procedures Law, the Board hereby adopts, establishes and promulgates the following rules and regulations and directs that same be entered upon its minutes and made available to all applicants for initial or renewed Certificates of Responsibility issued by the Board and all other persons.

1. a. The Mississippi State Board of Contractors’ (“Board”) statutory purpose is to protect the health, safety and general welfare of all persons dealing with those who are engaged in the vocation of contracting and to afford such persons an effective and practical protection against incompetent, inexperienced, unlawful and fraudulent acts of contractors. In carrying out its statutory purpose, the Board issues Certificates of Responsibility and renewals thereof to those engaged in the vocation of contracting, subject to the requirements set forth in law and its Rules and Regulations. A “responsible contractor” means, but shall not be limited to, a contractor that (i) satisfactorily performs and/or supervises the construction of the specifications and requirements for a project to completion with the requisite competence and ability; (ii) acts with integrity and reliability to all parties related to the project, including the client, subcontractors and vendors; (iii) meets its financial obligations to its suppliers, vendors and subcontractors on a project; and (iv) timely responds to project or regulatory inquiries from the Board and its staff.

b. Anyone may obtain information from, or make submissions or requests to, in writing or orally, the Executive Director of the Board, whose office is located at 2679 Crane Ridge Drive, Suite C, Jackson, MS 39216, telephone no. (601) 354-6161, during regular office hours between 8 a.m. and 5 p.m. Monday through Friday.

2. An applicant for a Certificate of Responsibility or Renewal thereof shall observe the following requirements:

a. Certificates or any renewals thereof may be issued at any time during the course of a calendar year by the Executive Director after determination that the applicant has satisfied all statutory and other requirements prerequisite to the issuance of a certificate or a renewal thereof.

b. An application must be filed on a form provided by the Board. No substitute will be accepted.

c. The Board’s application form must be completed in ink or with a typewriter. Only one copy need be filed.

d. All questions must be answered. All schedules must be completed. Write “None” where applicable. No application will be considered unless it is completed as directed on the Board’s form.

e. Additional information including supplementary or explanatory notes considered necessary may be furnished by inserting where needed.

f. All signatures must be affixed where called for and notarized where indicated.

g. A check in the amount of Four Hundred Dollars ($400.00) made payable to the State Board of Contractors should accompany the application but may be submitted separately. No application will be acted upon until such check is received.

h. The privilege tax levied under this Chapter is an annual tax. The Certificate holder is under a duty to renew the certificate annually, and the failure of the Board to notify the Certificate holder as to the date of the expiration shall not excuse the Certificate holder from renewing the certificate and paying the annual tax.

i. An applicant for a new certificate shall furnish the Board with at a minimum a reviewed financial statement completed within the prior twelve (12) months, prepared and signed by a certified public accountant, stating the assets, liabilities and net worth of the person, firm, partnership, co-partnership, or corporation. Such statement will be used by the Board to determine the financial responsibility of the applicant to perform work in the amount of Fifty Thousand Dollars ($50,000.00) or more with respect to public and private projects. Assets of applicants for major classifications must include a net worth of at least Fifty Thousand Dollars (50,000.00). Assets of all other applicants must include a net worth of at least Twenty Thousand Dollars ($20,000.00). The financial statement and any information contained therein, as well as any other financial information required to be submitted by an applicant, shall be confidential. All applicants for renewal certificates shall furnish a balance sheet prepared in accordance with generally accepted accounting principles. Nothing in this rule shall be construed so as to require an audited financial statement.

j. An applicant must provide a certificate of insurance evidencing current minimum coverage of Three Hundred Thousand Dollars ($ 300,000) per occurrence and Six

Hundred Thousand Dollars ($ 600,000) aggregate for general liability purposes. The certificate of coverage must indicate MS State Board of Contractors is to be notified in the event of cancellation of coverage by listing MSBOC as certificate holder. The name listed as insured on the certificate of coverage must match exactly the name in which the license is to be issued. An applicant must also provide a certificate of insurance evidencing current workers’ compensation coverage, if such coverage is required by state law. All applicants for new and renewal certificates of responsibility shall supply the information set forth herein.

k. A foreign corporation or a corporation domiciled outside the State of Mississippi must qualify to do business in this State with the office of the Secretary of State and provide the Board with a Certificate attesting to such qualification. (Applicants may contact the office of the Secretary of State by mail to P. O. Box 136, Jackson, Mississippi 39205, or by telephone at 601/359-1350.)

l. The qualifying party shall be the owner, or a responsible managing employee, or a responsible managing officer, or a member of the executive staff who appears for and takes examination on behalf of the individual, co-partnership, or corporation seeking a license as referred to in Miss. Code Ann. § 31-3-13(a). The qualifying party is the person who holds the exam scores and must be regularly employed by the Certificate holder and actively engaged in the classification of work for which the person qualifies on behalf of the Certificate holder. The Certificate holder shall furnish proof of employment of the qualifying party upon application and renewal. The qualifying party must have the necessary experience, knowledge and skills to supervise or perform the contracting work in the classification of work for which the person qualifies on behalf of the Certificate holder. When the qualifying party terminates employment with the Certificate holder, the Mississippi State Board of Contractors must be notified in writing immediately, by the qualifying party and the Certificate holder, of the disassociation or the Certificate holder will be subject to suspension or revocation of its Certificate of Responsibility. Another party must qualify within ninety (90) days of the disassociation or the Certificate holder will be subject to suspension or revocation of its Certificate of Responsibility.

m. An applicant for renewal of a certificate that has been expired for at least one hundred eighty (180) days shall submit a new application and all information required for a new certificate.

n. Any corporation or other legal business entity holding a valid Certificate of Responsibility shall immediately notify the Board of any change of name or address by filing an application for change of name and/or address form with the Executive Director of the Board outlining the specific change A fee of $ 50.00 shall accompany the form filed pursuant to this rule. *A change in entity type (i.e., sole proprietor to LLC or LLC to Inc.) requires completion of a new application.

o. The Executive Director may accept and adopt as the requisite objective, standardized examination under Miss. Code Ann. § 31-3-13(a) any comparable examination passed by

any applicant that holds a license or certificate in good standing in a comparable classification in another state recognized as a reciprocity state.

3. The Board will classify each applicant and issue a Certificate of Responsibility for the type or types of contracts on which the certificate holder may bid on the following basis:

a. The applicant will not be classified or permitted to bid on or perform a type or types of work not included on the appropriate application form.

b. The applicant shall state on the application the classification of work the applicant desires to perform and contract, such classification to be selected and determined from the following list of classifications:

(1) Building Construction

(2) Highway, Street and Bridge Construction

(3) Heavy Construction

(4) Municipal and Public Works Construction

(5) Electrical Work

(6) Mechanical Work

(7) SPECIALTY - A contractor performing Work other than in the above classifications must qualify as a specialty contractor.

4. Any person or entity contracting or undertaking as prime contractor, subcontractor or sub- subcontractor of any tier to do any work as a construction manager shall have a certificate of responsibility either in the specialty classification of construction management or the major classification of Building Construction.

5. Should any information contained in any application or presented at an oral interview for a Certificate of Responsibility be found by the State Board of Contractors to be false, such Certificate of Responsibility so issued or application being considered shall thereupon be terminated and withdrawn. No certificate holder or applicant shall be issued a renewal of or an initial Certificate of Responsibility until a period of one (1) year has expired after the date of such termination or withdrawal.

6. On proof of qualifications satisfactory to the Board, a Certificate holder may apply for and receive a change in classification.

7. There will be a $100.00 fee charged for each additional classification sought. Any waiver of an examination shall require a $ 50.00 fee. There will also be a $ 50.00 fee for a name change.

8. No certificate of responsibility or any renewal thereof shall be issued to a corporation, limited liability company, limited partnership, or other business or non-profit entity until the applicant furnishes proof to the Board that the Certificate holder is in good standing with the Mississippi Secretary of State.

9. The passing score for the examination requirement provided in Miss. Code Ann. § 31-3-13(a) (1972, as amended) is a grade of at least 70%. Any applicant for a Certificate of Responsibility must furnish proof of having taken an objective, standardized examination. The Board may administer an oral examination to an applicant, upon request, if such applicant is unable to take a written exam.

10. If a Certificate of Responsibility is lost, mutilated or destroyed, a new license may be issued upon receipt of a written request from the licensee stating the reason for the request, the Certificate of Responsibility number and check in the amount of Fifty Dollars ($50.00).

11. The issuance of a certificate of responsibility by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Miss. Code Ann. § 73-50-1.

12. A Certificate holder may change the status of the Certificate from active to inactive by notifying the Board, in writing, and submitting a processing fee of Twenty-Five Dollars ($25.00). The Certificate must be renewed annually by submitting the applicable renewal fee even while on inactive status. However, while on inactive status, the financial requirements of Rule 1.1(2)(i) and the insurance requirements of Rule 1.1(2)(j) herein, are not required. To reactivate an inactive Certificate, the Certificate holder must notify the Board, in writing, of the intention to reactivate the Certificate, submit a processing fee of Twenty-Five Dollars ($25.00), and provide the financial requirements of Rule 1.1(2)(i), along with proof of general liability insurance and current workers' compensation insurance pursuant to Rule 1.1(2)(j), if required.

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115; §§ 31-3-1, et seq. and 73-50-1.

30 Miss. Admin. Code Pt. 802, R. 1.2 Certificate of Responsibility – Public Procurement

1. All agencies having the authority to award a contract involving public funds in the amount of Fifty Thousand Dollars ($ 50,000.00) or more, shall return, unopened, any bids submitted by a contractor not having a Certificate of Responsibility required by Sections 31-3-1 - 31-3-23, Miss. Code Ann. (1972, as amended).

2. For all purposes herein, “bid” is defined as an offer, whether written or verbal, to perform all or part of a contract.

3. When the total cost of a project is at least 50% of a particular classification of work, as determined by the awarding entity or its engineer, architect or other representative, the awarding entity shall allow the holder of the certificate of responsibility in that particular classification to bid on or enter into a contract to perform work on the project in its entirety.

4. In any case in which a holder of a Certificate of Responsibility has bid outside the classification contained in his, her or its Certificate of Responsibility, the Executive Director of the State Board of Contractors shall notify each holder to appear before the Board at its next regular meeting and show cause, if possible, why Action should not be taken against the Certificate of Responsibility.

5. When separate bids are received, building contractors having only the classification of “Building Construction” shall not be permitted to bid on or be awarded the Mechanical or Electrical contracts; likewise the Mechanical or Electrical Contractors shall not be permitted to bid on the building portion of a project when the building costs are at least 50% of the project. When combined building, mechanical and electrical bids are received, nothing herein or in any other rule or regulation, shall prohibit the holder of a certificate of responsibility with the classification of building construction from submitting a bid and/or entering into a contract to perform work on a project which consists of at least 50% mechanical, electrical or other classification of work; provided, however, that the holder of a certificate of responsibility with the classification of building construction shall also have the appropriate classification necessary to perform the mechanical, electrical or other classification of work.

6. No state recognizes the Certificate of Responsibility issued by this Board. Therefore, no awarding agency of this state shall consider any bid of a contractor who holds a Certificate of Responsibility or license issued by another state, if the respective bidder does not also have a Certificate of Responsibility issued by the Mississippi State Board of Contractors.

7. It shall be unlawful and illegal for a Primary Contractor, Contractor, Owner, Awarding Authority, Subcontractor, or any other person to contract, or subcontract, all or any portion of a public or private construction project regulated by Chapter 527, General Laws of Mississippi - 1988 (Sections 31-3-1 through 31-3-23, Miss. Code Ann. (1972, as amended)), equal to or exceeding Fifty Thousand Dollars ($50,000.00) with respect to public and private projects to any other Contractor, or Sub-Contractor, unless the Contractor, or Subcontractor was duly licensed by this Board as of the date of submission of bids on the work.

8. Either all contractors making up a joint venture or the joint venture itself must hold certificates of responsibility prior to submitting a bid or being awarded a contract. When the joint venture itself does not hold a certificate of responsibility, then all parties to the joint venture must hold certificates of responsibility and each must have the proper classification for the project to be awarded prior to submitting a bid or being awarded a contract. Accordingly, contractors engaging in a joint venture should not perform work that exceeds the statutory scope of their certificate(s). (See AG Opinion December 3, 1990 to Harper, and AG Opinion dated April 5, 1991 to Cardin.)

When a joint venture submits a bid on a public project in excess of Fifty Thousand Dollars ($ 50,000.00), and the joint venture itself does not hold a certificate of responsibility, each contractor comprising the joint venture shall place its certificate of responsibility number on the outside of the envelope containing the bid as set forth in Miss. Code Ann. § 31-3-21(2), as amended. If the joint venture itself holds a certificate of responsibility, then it shall place its certificate number only on the outside of the envelope.

Chapter 2 Charges of Misconduct and Disciplinary Action

30 Miss. Admin. Code Pt. 802, R. 2.1 Complaint & Hearing Procedures

The Board shall act in accordance with the following procedures when issuing a complaint and before imposing a monetary penalty upon any contractor pursuant to Miss. Code Ann. § 31-3-21:

a. Whenever the Board receives a complaint, or whenever the Board or an employee of the Board has reason to believe that a violation has occurred which is grounds for disciplinary action, the Board may cause a written complaint to be served upon the alleged violator or violators.

b. The written complaint shall specify the provisions of such statute, regulation or order alleged to be violated and the facts alleged to constitute a violation thereof and shall require that the alleged violator(s) appear before the Board at a time and place specified and answer the charges complained of. The time of appearance before the Board shall not be less than ten (10) days from the date of the service of the complaint, unless the Board finds that the health, safety and general welfare of all persons dealing with those against whom charges are levied is in imminent danger, requiring that such hearing be held at an earlier date. In no instance, however, shall the Board ever require an alleged violator(s) to appear less than five (5) days after the date of service of the complaint. Service of the complaint may be accomplished by mailing a copy thereof by certified mail, return receipt requested, postage prepaid to the last known mailing or residence address of the alleged violator(s), or by other lawful means of service.

c. The Board shall afford an opportunity for a fair hearing to the alleged violator(s) at the time and place specified in the complaint. The alleged violator(s) may be represented by counsel, and may call witnesses and present other competent evidence on its behalf. The Board shall conduct an administrative hearing, and shall not be bound by strict rules of civil procedure or strict rules of evidence in the conduct of its proceedings. On the basis of the evidence presented at the hearing, the Board shall make findings of fact and conclusions of law and enter its order. Failure to appear at any such hearing, without prior authorization to do so from the Board, may be taken by the Board as evidence of the facts alleged in the formal complaint.

d. When a complaint is issued, a notice of hearing shall be issued simultaneously including the date and location of the hearing along with a requirement that the accused contact the Board no later than five (5) days prior to the hearing to schedule a specific time for appearance at the hearing. Failure to contact the Board to schedule a specific time for appearance may result in the accused being heard only after all other scheduled matters have been addressed or not being heard on that scheduled date.

e. If the accused fails to respond timely to the complaint, then the Board may consider the charges set forth therein and all other available evidence in determining whether the

accused has violated the law. In the event the Board finds a violation of the law, then the Board may impose any of the penalties set forth in Miss. Code Ann. § 31-3-21.

f. Any request for continuance must be made in writing and presented to the Board staff at least five (5) days prior to the scheduled hearing or, upon good cause shown, at any time prior to the hearing. Continuances will not be routinely granted. Instead, a party must show substantial, legitimate grounds for a continuance. Where scheduling conflicts are the basis for requesting a continuance, the party shall provide written proof of such conflicts in a timely manner as set forth herein.

g. The Board shall render any order in writing and notify the alleged violator(s) of same by certified mail, to the last known mailing or residence address of the alleged violator(s).

h. At any time before or after being served with a complaint, any alleged violator(s) may waive its right to a hearing before the Board and agree to an imposition of the civil penalty, provided such waiver is in writing.

i. Any person aggrieved by any order or decision of the board may appeal pursuant to Miss. Code Ann. § 31-3-23, as amended.

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 and §§ 31-3-1, et seq.

30 Miss. Admin. Code Pt. 802, R. 2.2 Administrative Penalties

In determining what disciplinary action to take, the Board shall consider at a minimum the following:

(1) The willfulness of the violation;

(2) Any cost of restoration and abatement;

(3) Any economic benefit to the violator(s) as a result of noncompliance;

(4) The seriousness of the violation, including any harm to the environment and any harm to the health and safety of the public; and

(5) Any prior violation by such violator(s).

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 and §§ 31-3-1, et seq.

Chapter 3 General Rules

30 Miss. Admin. Code Pt. 802, R. 3.1 Board Meetings

If a regular or special meeting of the Board has been recessed to reconvene on a day and time fixed and ordered by the Board and entered upon its minutes, the recessed meeting thus held on

the subsequent date shall be considered a part of and continuation of the regular meeting or special meeting, as the case may be, the same as if actions and proceedings then taken had been taken at the initial regular meeting date or special meeting date and any action authorized on such an initial date may be taken or continued and passed upon at the later date or dates.

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972).

30 Miss. Admin. Code Pt. 802, R. 3.2 Executive Director

1. Neither the Executive Director, individually, nor the surety of the Executive Director’s official bond shall be held financially liable or responsible for any action taken by the Executive Director when the Executive Director is acting under direct instructions from the Board as shown by the minutes of the Board.

2. The Executive Director of the Board is hereby granted authority to execute all Orders passed by the Board as set forth in the official minutes of the Board. (05/19/93)

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972).

30 Miss. Admin. Code Pt. 802, R. 3.3 Miscellaneous

1. Any of the foregoing Rules and Regulations of the Board may be suspended and/or modified by a majority vote of the State Board of Contractors unless such suspension or modification is inconsistent with the general laws governing the Board and its operation provided that such suspension or modification is made in compliance with the provisions of the Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-3.114, as amended.

2. Should the Board determine that an emergency exists because of an imminent threat to the public, it may thereby invoke rule actions with fewer than twenty-five (25) days' notice in accordance with Miss. Code Ann. § 25-43-3.108. In any such instances, the Board must state in writing its reasons for doing so. It may abbreviate or eliminate the rule action notice for a period of not longer than one hundred and twenty (120) days renewable one time for not more than ninety (90) days. After this time, the normal notice procedure would once again apply.

3. If any provision of any section of these Rules and Regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions of that section or application of the Rules and Regulations which can be given effect without the invalid provisions or application, and to this end the provisions of these Rules and Regulations are declared to be severable.

4. These Rules and Regulations shall become effective thirty (30) days after promulgation and filing with the Secretary of State.

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972).

30 Miss. Admin. Code Pt. 802, R. 3.4 Fee Schedule

The following is a list of all pertinent fees as charged by the Mississippi State Board of Contractors:

Commercial Application (1 classification) $200.00*

Commercial License - Additional Classification $50.00**

Commercial License Renewal $200.00*

Commercial License Renewal – Late Fee $50.00

Commercial License – Name Change $50.00

Commercial Fee (To make license Inactive) $25.00

Commercial Fee (To reactivate license) $25.00

Duplicate Commercial License Fee $50.00

Reciprocity/Verification of License $25.00

Residential Application $50.00

Residential License Renewal $100.00

Residential License Renewal – Late Fee $10.00

Residential Fee (To make license Inactive) $25.00

Residential Fee (To reactivate license) $25.00

Duplicate Residential License Fee $50.00

Request for Waiver of Exam $50.00

Request for Oral Examination $50.00

Request for Change in Qualifying Party $25.00

Public Information Requests (charge for copying records) $0.50/pg.

Public Information Requests (administrative time/shipping & handling) $25.00

Mailing List (all active contractors) $500.00

Returned Check Fee $40.00

62388254.v1

History

• Source: Miss. Code Ann. §§ 31-3-13(g) and 73-59-11(f).

Part 803 Residential Builders and Remodelers

Chapter 1 Licensing

30 Miss. Admin. Code Pt. 803, R. 1.1 Application for License

1. An applicant for a License or Renewal thereof shall observe the following requirements:

a. Licenses or any renewals thereof may be issued at any time during the course of a calendar year by the Executive Director after his determination that the applicant has satisfied all statutory and other requirements prerequisite to the issuance of a license or a renewal thereof.

b. An application must be filed on a form provided by the Board. No substitute will be accepted.

c. The Board's application form must be completed in ink or with a typewriter. Only one copy need by filed.

d. All questions must be answered. All schedules must be completed. Write “None” where applicable. No application will be considered unless it is completed as directed on the Board's form.

e. Additional information including supplementary or explanatory notes considered necessary may be furnished by inserting where needed.

f. All signatures must be affixed where called for and notarized where indicated.

g. An applicant for a residential remodeler's license may seek licensing for a subclassification to be known as a residential roofer. For this subclassification, there shall be administered a separate roofer's examination and the license shall be clearly marked that it only licenses the holder as a residential roofer.

h. A check in the amount of Fifty Dollars ($50.00), representing the initial license fee, made payable to the State Board of Contractors should accompany the application but may be submitted separately. A check in the amount of One Hundred Dollars ($100.00) made payable to the State Board of Contractors, shall accompany all requests for renewal of licenses. No application will be acted upon until such check is received.

i. The privilege tax levied under this Chapter is an annual tax. The licensee is under a duty to

62389651.v1 renew the license annually, and the failure to the Board to notify the licensee holder as to the date of the expiration shall not excuse the licensee from renewing the license and paying the annual tax.

j. An applicant shall provide a certificate of insurance evidencing current workers' compensation insurance, if applicable, and a federal employment identification number or social security number of the person making application.

k. An applicant for a residential builder or remodeler’s license, or renewal thereof, shall provide a copy of a certificate of insurance evidencing current coverage for general liability purposes. The Mississippi State Board of Contractors shall be listed on the policy of the insured to be notified if there is cancellation of coverage. Liability insurance shall not be required for inactive licensees.

l. A foreign corporation or a corporation domiciled outside the State of Mississippi must qualify to do business in this State with the office of the Secretary of State and provide the Board proof of good standing. (Applicants may contact the office of the Secretary of State by mail to Post Office Box 136, Jackson, Mississippi 39205, or by telephone at 601/359-1350.

m. An applicant for a license must pass the applicable written examination(s) with a grade of at least 70%.

n. The Board will hold examinations at locations and times to be determined by the Board. Applicants will be notified of the time and place of the examination.

o. A licensee of another state who desires to obtain a license duly issued and authorized by this Chapter shall be exempt from taking the written examination provided the Board determines that the requirements for a license in the foreign state are equivalent to such examination in this state and provided that the foreign state in question extends the same privilege to Mississippi licensees.

p. If a license is lost, mutilated or destroyed, a new license may be issued, upon receipt of a written request from the licensee stating the reason for the request, the license number and check in the amount of Twenty-Five Dollars ($25.00).

2. Should any information contained in any application or presented at any oral interview for a license be found by the Board to be false, such license so issued or application being considered shall thereupon be terminated and withdrawn. No licensee or applicant submitting such information shall be issued a renewal of or an initial license until a period of one (1) year has expired after the date of such termination or withdrawal.

3. Any corporation or other legal business entity holding a valid license shall immediately notify the Board of any change of name or corporate structure by filing the appropriate form outlining the specific change and the impact on the status of the entity. A fee of $ 50.00 shall accompany each application filed pursuant to this rule.

62389651.v1 4. A licensee may change the status of a license from active to inactive by notifying the Board, in writing, and submitting a check in the amount of Twenty-Five Dollars (25.00). To reactivate an inactive license, the licensee must notify, in writing, the Board of his/her intentions to reactivate the license, submit the above referenced fee and provide proof of current workers' compensation and liability insurance where applicable.

5. The issuance of a residential builder’s or remodeler’s license by reciprocity to a military- trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

1.2 Display of Building Permit.

Once a building permit is issued to a residential builder or remodeler, or the holder of a certificate of responsibility by a municipal or county building official, or any other authority charged with the duty of issuing local building permits, such licensed residential builder or residential remodeler or holder of a certificate of responsibility shall exhibit a sign at the permitted job site which shall include, prominently displayed in lettering at least two (2) inches high and twelve (12) inches wide, the license or certificate of responsibility number of the residential builder or residential remodeler or holder of the certificate of responsibility and the State issuing it.

1.3 Liability Insurance Disclosure Statement.

The holder of a valid license as a residential builder, remodeler or roofer as defined in Miss. Code. Ann. §§ 73-59-1 and 73-59-3 shall provide written disclosure at the time of contracting to the person with whom the licensee is contracting as to the requirement to carry general liability insurance. This disclosure shall be placed on the contracting document immediately before the space reserved on the document for the signature of the purchaser, shall be in bold and conspicuous type with a font size larger than the font appearing on the remainder of the contract, and shall be in words as follows:

Mississippi law requires that I inform you that I DO carry general liability insurance insuring my work under this contract. The name of the insurer is __________________, and the policy number is _________________. By your signature below, you signify your understanding and acknowledgement of this fact.

1.4 Continuing Education

1. Authority and Scope

62389651.v1 Pursuant to Miss. Code Ann. §73-59-11, continuing education is required for residential licenses issued on or after July 1, 2015. The Board adopts the rules and regulations for continuing education set forth herein.

2. Definitions a. Continuing Education Committee: The continuing education committee shall be composed of three (3) members of the Standing Committee on Residential Builders and Remodelers and at least one (1) of those three (3) members must serve on the Mississippi State Board of Contractors. The continuing education committee shall have the power to make recommendations to the Mississippi State Board of Contractors regarding all matters related to continuing education for residential license holders. b. Continuing Education Course: A continuing education course is a training program that complies with the procedures, standards and minimum requirements established for continuing education and has been approved by the board. c. Continuing Education Credit: A continuing education credit is equal to a 50 minute credit hour of instruction. d. Continuing Education Instructor: A continuing education instructor is an individual that complies with the procedures, standards and minimum requirements established for continuing education and who has submitted a training program to MSBOC for continuing education credit review and been approved by the board. e. Continuing Education Provider: A continuing education provider is an institution or organization that complies with the procedures, standards and minimum requirements established for continuing education and who has submitted a training program to MSBOC for continuing education credit review and been approved by the board.

3. Continuing Education Committee The Board may form a Continuing Education Committee which will review, assess, approve, or deny applications for educational providers, instructors and courses according to the general standards and minimum requirement set forth herein and within the board’s and committee’s discretion. The committee shall consist of three (3) members of the Standing Committee on Residential Builders and Remodelers and at least one (1) of those three (3) members must serve on the Mississippi State Board of Contractors. Members will meet prior to the regularly scheduled board meetings or as often as necessary. Decisions and/or recommendations of the committee will be presented to the full board at scheduled board meetings for final approval or denial of a provider, instructor, course or related education issue.

4. Requirements for Residential License Holders Two (2) credit hours of continuing education taught by a board approved provider or instructor must be obtained each year in order to maintain a residential license pursuant to Miss. Code Ann. §73-59-11. The continuing education requirement applies to all residential licenses issued on or after July 1, 2015.

Since individual needs vary, each individual must exercise judgment in selecting courses that will advance that individual’s knowledge. The Board will not mandate the specific courses to be taken by licensed contractors, unless continuing education has been ordered by the board as a result of a disciplinary hearing.

62389651.v1

Credit shall be granted upon completion of an entire course. No credit shall be given for courses attended prior to becoming a licensed contractor with MSBOC.

To fulfill the continuing education requirements: a. Residential License Holders: Each qualifying party for a residential license must complete two (2) credit hours of instruction taught by a board approved provider or instructor. In order to renew a license, proof of compliance with the continuing education requirement must be submitted by each qualifying party. b. Board Members: Service on the Mississippi State Board of Contractors or Mississippi State Board of Contractors Standing Committee on Residential Builders and Remodelers will satisfy the two (2) hour continuing education requirement, so long as the Board member or Standing Committee member remains in good standing with the Board and maintains the proper licensing requirements during his or her term of appointment. c. Continuing Education Instructor: Board approved continuing education instructors may use their course instruction to satisfy the continuing education requirement. Instructors must provide the Board with evidence of what Board approved courses he or she taught, when course(s) were taught, and how many credit hours were taught. Instructors will receive credit for each particular course only once.

5. Reporting Procedures; Failure to Comply; Reinstatement a. The license holder is responsible for demonstrating compliance with and completion of the continuing education requirement. Proof of having completed two (2) credit hours of continuing education must be submitted each year with the renewal application. Providing false or fraudulent information or documentation to the Board will result in disciplinary action including assessment of fines and action taken against the license. No carryover of continuing education hours from one licensure period to another shall be allowed. b. License holders who are not able to demonstrate compliance with the continuing education requirement will not be allowed to renew their license.

6. Waiver of Continuing Education Requirement The continuing education requirement shall be waived for residential licenses on inactive status; however, an inactive residential license holder must show proof of having completed two (2) credit hours of continuing education prior to returning to active status. Additionally, the board may defer or waive some or all of the continuing education requirements in the event of a state of emergency declared by the Governor or for good cause shown by the license holder.

7. Sources of Continuing Education A list of approved continuing education providers, instructors and courses will be maintained on the Mississippi State Board of Contractors website at www.msboc.us.

8. Requests for Non-Traditional Approval Licensee holders seeking credit for non-traditional continuing education must complete the appropriate request form and submit it with the required fee to the board for review and approval. It is entirely within the Board's discretion whether or not a non-traditional approval request is granted.

62389651.v1

9. Requirements for Providers and Instructors a. Institutions, organizations and individuals wishing to become an approved provider or instructor must submit the required application(s) to the board for review. The board’s continuing education committee will review the application and make its recommendation to the Board to approve or deny the application or request additional information from the applicant. The applicant will be informed in writing of the board’s decision. Only those institutions, organizations, and individuals that meet or exceed the established standards and minimum requirements will be approved to award continuing education credit. b. The board may require prior teaching experience. Teaching experience may be either formal or informal. A college degree may or may not be required depending upon the course being taught. In lieu of a college degree, the board may accept proof of competency such as appropriate certification related to the area of specialty. c. All continuing education applications submitted to the board for review must be received by the Board at least 30 days prior to the next regularly scheduled Board meeting. The Board meets quarterly on the second Wednesday in January, the second Wednesday in April, the second Wednesday in July and the second Wednesday in October. d. All fees established by the board must be submitted with an application in order for the application to be processed. Fees are non-refundable and no part of any fee shall be returned. e. Upon approval of an application, each approved provider or instructor shall agree to conduct courses in accordance with the board requirements and shall indicate agreement by signing a continuing education provider/instructor agreement form provided by the board. f. The board may request that a provider or instructor reapply for approval if the provider or instructor has not held any classes for continuing education credit or submitted a roster to the board for a period of 2 years. The provider or instructor will be required to submit a new application along with all appropriate fees to the board for approval prior to holding a class for continuing education credit.

10. Revocation of Approval The Board shall have the authority to monitor approved courses, providers and/or instructors to determine whether they are in compliance with the terms of the agreement and the rules and regulations of the Board. The Board may suspend, revoke or terminate the agreement with any approved continuing education provider or instructor if the Board determines that either has failed to comply with the terms of the agreement or the rules and regulations of the Board. 11. Violation for Operating as Non-Approved Provider Any institution, organization or individual who acts as a provider or instructor of continuing education without being properly certified or who provides the Board with falsified information or documentation may be subject to having their provider or instructor status revoked and/or prevented from obtaining future approval as a provider or instructor. A provider or instructor with a revoked status may petition the Board for reinstatement; such petition must be accompanied by a filing fee as determined by the Board.

History

• Source: Miss Code Ann. §§ 73-59-5 and 73-50-1.
• Source: Miss Code Ann. § 73-59-11(f)
• Source: Miss Code Ann. § 73-59-11(f)

Chapter 2 Charges of Misconduct and Disciplinary Action

30 Miss. Admin. Code Pt. 803, R. 2.1 Complaint and Hearing Procedures

62389651.v1

1. The Standing Committee on Residential Builders and Remodelers (“Standing Committee”) and the Mississippi State Board of Contractors (“Board”) shall act in accordance with the following procedures after receiving a sworn complaint about a residential builder or remodeler:

a. When the Board receives sworn charges as set forth in Miss. Code Ann. § 73-59-13(2), the Board shall deliver to the accused a letter, via regular mail, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter.

b. If the accused fails to respond timely, the Board shall deliver to the accused a second letter, via certified mail, return receipt requested, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter.

c. If the accused responds timely to either letter set forth above, the Board shall investigate the matter and may issue a formal complaint and Notice of Hearing against the accused and cause a hearing to be held as set forth in Miss. Code Ann. § 73-59-13(2) and these rules.

d. If the Board determines that there is reasonable cause to believe a complaint is valid and not frivolous, it shall proceed with an appropriate investigation. Subsequent to the investigation and in the Board’s discretion, the Board shall cause a hearing to be held concerning the charges against the licensee. If the Board determines that such a hearing is necessary, a copy of the complaint and notice of hearing shall be served upon the licensee in person or by certified mail at the licensee’s last known address, not less than thirty (30) days prior to the date for the scheduled hearing. The Board shall render a decision within ninety (90) days of the close of the hearing and a copy of such written decision shall be presented to each party in person or by certified mail at their last known address. In any event, all requirements pertaining to hearings set forth in Miss. Code Ann. § 73-59-13, as amended, shall be followed.

e. If the accused fails to respond timely to the second letter, then the Board shall deliver to the accused a formal Complaint along with a Notice of Hearing requesting the accused to respond to the charges and setting a hearing date no less than thirty (30) days from the date of service. The Notice of Hearing shall include the date and location of the hearing along with a requirement that the accused contact the Board no later than fifteen (15) days prior to the hearing to schedule a specific time for appearance at the hearing. Failure to contact the Board to schedule a specific time for appearance may result in the accused being heard only after all other scheduled matters have been addressed or not being heard on that scheduled date.

f. If the accused fails to respond timely to the formal Complaint, then the Standing Committee and the Board may consider the charges set forth therein and all other available evidence in determining whether the accused is guilty of the charges filed. In

62389651.v1 the event the Board finds the accused guilty of the charges filed, it may impose any of the penalties set forth in Miss. Code Ann. § 73-59-13(5).

g. Any request for a continuance must be made in writing and presented to the Chair of the Standing Committee at least fifteen (15) days prior to the scheduled hearing or, upon good cause shown, at any time prior to the hearing. Continuances will not be routinely granted. Instead, a party must show substantial, legitimate grounds for a continuance. Where scheduling conflicts are the basis for requesting a continuance, the party shall provide written proof of such conflicts in a timely manner as set forth herein.

h. The Board shall notify the accused of any decision as set forth herein according to Miss. Code Ann. § 73-59-13(4). The accused shall have the right to appeal this decision as set forth in Miss. Code Ann. § 73-59-13(11).

2. All complaints and/or charges against a licensee shall be submitted to the Board on the proper forms provided by the Board.

3. All Board members shall refrain from formal interviews and/or comments in connection with a pending charge or complaint submitted to the Board.

4. Licensee shall within seven (7) days after final judgment, notify the Board of any adverse court decision in which the licensee was included.

History

• Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972).

30 Miss. Admin. Code Pt. 803, R. 2.2 Administrative Penalties

1. If the Standing Committee on Residential Builders and Remodelers determines that disciplinary action should be taken for a violation of law, then it shall consider at a minimum the following factors in determining the action to be taken:

a. The willfulness of the violation;

b. Any cost of restoration or abatement;

c. Any economic benefit to the violator as a result of noncompliance;

d. The seriousness of the violation, including any harm to the complainant or the public; and

e. Any prior violation by the violator.

2. Failure to adhere to the rules and/or regulations of the Board shall constitute grounds for suspension or revocation and, in the Board’s discretion, monetary penalties pursuant to statutory authority.

62389651.v1

History

• Source: Miss. Code Ann. § 73-59-13.

Chapter 3 General Rules

30 Miss. Admin. Code Pt. 803, R. 3.1 Board Meetings

If a regular or special meeting of the Board has been recessed to reconvene on a day and time fixed and ordered by the Board and entered upon its minutes, the recessed meeting thus held on the subsequent date shall be considered a part of and continuation of the regular meeting or special meeting, as the case may be, the same as if actions and proceedings then taken had been taken at the initial regular meeting date or special meeting date and any action authorized on such an initial date may be taken or continued and passed upon at the later date or dates.

History

• Source: Miss. Code Ann. § 73-59-11(f).

30 Miss. Admin. Code Pt. 803, R. 3.2 Executive Director

Neither the Executive Director, individually, nor the surety of the Executive Director’s official bond shall be held financially liable or responsible for any action taken by the Executive Director when acting under direct instructions from the Board as shown by the minutes of the Board.

History

• Source: Miss. Code Ann. § 73-59-11(f).

30 Miss. Admin. Code Pt. 803, R. 3.3 Miscellaneous

1. Any of the foregoing Rules and Regulations of the Board shall not apply to contracts involving federal funds if in violation of federal requirements.

2. Any of the foregoing Rules and Regulations of the Board may be suspended and/or modified by a majority vote of the State Board of Contractors unless such suspension or modification is inconsistent with the general laws governing the Board and its operation provided that such suspension or modification is made in compliance with the provisions of the Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-3.114, as amended.

3. Should the Board determine that an emergency exists because of an imminent threat to the public, it may thereby invoke rule actions with fewer than twenty-five (25) days’ notice in accordance with Miss. Code Ann. §25-43-3.108. In any such instances, the Board must state in writing its reasons for doing so. It may abbreviate or eliminate the rule action notice for a period of not longer than one hundred and twenty (120) days renewable one time for not more than ninety (90) days. After this time, the normal notice procedure would once again apply.

4. If any provision of any section of these Rules and Regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions of that section or application of the Rules and Regulations which can be given effect without the

62389651.v1 invalid provisions or application, and to this end the provisions of these Rules and Regulations are declared to be severable.

5. Anyone may obtain public information from, or make submissions or requests to, in writing or orally, the Executive Director of the Board, whose office is located at2679 Crane Ridge Drive, Suite C, Jackson, MS 39216, telephone no. (601) 354-6161, during regular office hours between 8 a.m. and 5 p.m. Monday through Friday.

6. These Rules and Regulations shall become effective thirty (30) days after promulgation and filing with the Secretary of State.

History

• Source: Miss. Code Ann. § 73-59-11(f).

30 Miss. Admin. Code Pt. 803, R. 3.4 Fee Schedule

The following is a list of all pertinent fees as charged by the Mississippi State Board of Contractors:

Commercial Application (1 classification) $400.00*

Commercial License - Additional Classification $100.00**

Commercial License Renewal $400.00*

Commercial License Renewal – Late Fee $50.00

Commercial License – Name Change $50.00

Commercial Fee (To make license Inactive) $25.00

Commercial Fee (To reactivate license) $25.00

Duplicate Commercial License Fee $50.00

Reciprocity/Verification of License $25.00

Residential Application $50.00

Residential License Renewal $100.00

Residential License Renewal – Late Fee $10.00

Residential Fee (To make license Inactive) $25.00

Residential Fee (To reactivate license) $25.00

62389651.v1 Duplicate Residential License Fee $50.00

Request for Waiver of Exam $50.00

Request for Oral Examination $50.00

Request for Change in Qualifying Party $25.00

Public Information Requests (charge for copying records) $0.50/pg.

Public Information Requests (administrative time/shipping & handling) $25.00

Mailing List (all active contractors) $500.00

Returned Check Fee $40.00

62389651.v1

History

• Source: Miss. Code Ann. §§ 31-3-13(f) and 73-59-11(f).

STATE BOARD OF FUNERAL SERVICES STATE BOARD OF FUNERAL SERVICES

Part 2401 Administrative Law

30 Miss. Admin. Code Pt. 2401, R. 1.1 Definitions

As used herein, words and phrases shall have the meaning ascribed to such words and phrases by these Rules and Regulations and/or Title 73, Chapter 11 of the Mississippi Code of 1972, as amended.

2008).

History

• Source: Miss. Code Ann. §73-11-41(Supp. 2011); and Miss. Code Ann. 73-11-49(7)(Rev.

Chapter 2 General Provisions

30 Miss. Admin. Code Pt. 2401, R. 2.1 Rule 2.1

The Chair, Vice-Chair, and Secretary-Treasurer shall serve as the Executive Committee and shall act on the Board’s behalf subject to the approval of the Board.

History

• Source: Miss. Code Ann. §73-11-49(1) and (7) (Rev. 2008).

30 Miss. Admin. Code Pt. 2401, R. 2.2 Rule 2.2

The Chair of the Board shall preside at all meetings of the Board unless otherwise Ordered, and he shall exercise and perform all duties and functions incident to the office of Chair of the Board.

History

• Source: Miss. Code Ann §73-11-49(7)(Rev. 2008).

30 Miss. Admin. Code Pt. 2401, R. 2.3 The Vice-Chair shall serve in the absence of the Chair and shall otherwise aid and assist the Chair

History

• Source: Miss. Code Ann §73-11-49(7)(Rev. 2008).

30 Miss. Admin. Code Pt. 2401, R. 2.4 Rule 2.4

The Board shall, annually, at its first regular meeting of the fiscal year, or as soon thereafter as practicable, elect officers from the members of the Board, which officers shall serve one year or until their successors are elected and qualified.

History

• Source: Miss. Code Ann §73-11-49(1) and (7) (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 2.5 Rule 2.5

The Executive Director of the Board shall have complete supervision and be held responsible for the Direction of the office of the Board and shall have supervision over filed inspections and enforcement of the provisions of Sections 73-11-41 et. seq.. of the Mississippi Code Annotated 1972, as amended, and the rules and regulations of the Board and shall be responsible and answerable to the Board. Such responsibilities shall include timely dissemination of information as to the practice of funeral service and funeral directing and where facts on the legal facets can be obtained and who to contact to make inquiry or register a complaint. The Board shall keep a record of all meetings of the Board.

History

• Source: Miss. Code Ann §73-11-49(4), (7) and (8)(Rev. 2012); and Miss. Code Ann. §25-41- 11(Rev. 2010).

30 Miss. Admin. Code Pt. 2401, R. 2.6 Roberts Rules of Order, Revised, shall be the authority for settlement of disputes of parliamentary procedure

History

• Source: Miss. Code Ann §73-11-49(7)(Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 2.7 Rule 2.7

Public Records All public requests to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Mississippi State Board of Funeral Service (Board) must be submitted in writing to: the Executive Director, Mississippi State Board of Funeral Service, 3010 Lakeland Cove, Suite W, Flowood, Mississippi 39232. This rule is not intended to apply to any record or other document, which is exempted or privileged under the provisions of the Mississippi Public Records Act.

The written request must be typed or clearly hand printed on a letter size piece of paper and must specify in detail the public record(s) sought. The request must include a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. No verbal or telephone requests for records will be accepted.

Under the Public Records Act, documents that are exempt from public access to records include, but are not limited to, personnel records, appraisal records, attorney communications and work products of attorneys, academic records, third party confidential commercial or financial information, licensure applications and examination records, and individual tax records.

Within seven (7) working days of the Board’s receipt of a public records request, the Board shall review same and determine whether the records sought are exempt or privileged by law and shall either:

(a) produce the records;

(b) allow access to records;

(c) if the request is unclear or does not sufficiently identify the record sought, request clarification from the requestor; or

(d) deny access to or production of the records sought.

If the Board is unable to produce a public record by the seventh working day after the request is received, the Board will provide the requester with a written explanation stating that the record requested will be produced and specify the reason why the records cannot be produced within the seven-day period. Unless there is mutual agreement between the Board and the requester, the date for production of the requested record will be no later than fourteen (14) working days from the Board’s receipt of the original public record request.

When a request for information is made for documents furnished to the Board by a third party, the Board will give notice of the request to the third party as required by the Public Records Act. Such third party information will not be released without the prior written consent of the third party authorizing the release of the information and/or until the third party has been provided with notice of the public records request and an opportunity to seek a court order protecting such records from public review. No third party information will be released by the Board if the third party obtains a court order prohibiting the disclosure of such information.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld from disclosure by the Board.

If the Board determines that the records requested are exempt or privileged under the law, the request shall be denied and the person making the request will be provided a statement of the specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years from the date such denials are made.

Public records of the Board are available for inspection and copying or reproduction during regular office hours (8:00 a.m. through 5:00 p.m., Monday through Friday) by appointment. All inspection, copying or mechanical reproduction of records must be done in the office of the Board. The time, place and manner of inspection and reproduction or copying will not be allowed to interfere with the official duties of the Board. The Board will not allow its records to be taken from the Board office.

The requester must pay the Board in advance all reasonably estimated costs of searching, obtaining from storage, reviewing, shipping and/or duplicating the requested records. Such payment must be sufficient to cover the actual costs to the Board of complying with the public records request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front and back) shall be considered as two (2) pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice being given to a third party, the cost of mailing such notice to the third party shall be charged to the requester. Cost of obtaining records from any state storage facilities and the search for the records shall be charged to the requester. If the actual cost of a public records request exceeds the estimated cost provided to the requester, the requester will be required to pay the Board the difference between the amounts paid in advance by the requester and the actual cost of supplying the record to the requester.

Payment by the public records requester must be made by money order or certified check.

The Board has also established a schedule of standard fees for frequently requested documents and information, directory or labels of licensees, and electronically accessible data.

History

• Source: Miss. Code Ann §§73-11-49(7) and 73-11-56(Rev. 2012); and Miss. Code Ann. §§25- 61-2, 25-61-5 and 25-61-7(Rev. 2010)

30 Miss. Admin. Code Pt. 2401, R. 2.8 The Board shall cause to be printed all forms required by Sections 73-11-41 et

seq. of

the Mississippi Code Annotated, 1972, as amended, and the rules and regulations of the Board. All notices required to be mailed shall be directed to the most recent address of the person or party appearing in the records at the Board office.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-51(5), (7) and (8) and 73-11-57(2)(Rev. 2008 &

30 Miss. Admin. Code Pt. 2401, R. 2012 Rule 2012

& Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 2.9 Special meetings of the Board may be called by the Chair at anytime

Special meetings may also be called upon the written request of four (4) members, which request must specify the purpose of the meeting, and the Chair then shall call such a meeting. The Board shall cause notice of such special meeting to be given in a time and manner consistent with state law.

History

• Source: Miss. Code Ann. §73-11-49(7) (Rev. 2012); and Miss. Code Ann. §25-41-13(Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 2.10 Rule 2.10

Reporting To The Board In addition to any other requirement of the Board's rules or any statute pertaining to the funeral establishments and/or funeral service or funeral directing licensees, the following must be received, in writing, in the Board’s office within fourteen (14) calendar days of the effective date of the change:

(a) change in ownership of a funeral establishment;

(b) change of location of a funeral establishment;

(c) change in the identity of the licensee-in-charge of the funeral establishment;

(d) change in the identity of the individual sponsoring an apprentice;

(e) change in the licensed funeral establishment employing an apprentice;

(f) a conviction of a felony or of any misdemeanor involving fraud, dishonesty or moral turpitude. As used herein, conviction shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere.

30 Miss. Admin. Code Pt. 2401, R. 2.11 Rule 2.11

Every funeral service licensee, funeral director and apprentice shall report to the Board in writing any change of his or her principal place of business and/or address of record no later than fourteen (14) calendar days after the change has occurred.

History

• Source: Miss. Code Ann. §73-11-49(7) (Rev. 2012).

Chapter 3 Practice of Funeral Service and Funeral Directing

30 Miss. Admin. Code Pt. 2401, R. 3.1 Rule 3.1

When the applicant for license for the practice of funeral directing or funeral service has complied with all requirements of Sections 73-11-51 of the Mississippi Code Annotated,

1972, as amended, and all rules and regulations of the Board concerning licensing, he shall be entitled to receive the license for which he is entitled.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(Rev. 2008).

30 Miss. Admin. Code Pt. 2401, R. 3.2 Rule 3.2

All applications must be submitted to the Board office, on forms furnished by the Board, and accompanied by the appropriate fee and supporting documentation, as set by the Board. Applications for licensing must be received by the Board office thirty (30) calendar days prior to the date of the next scheduled board meeting.

History

• Source: Miss. Code Ann. §§73-11-49(7) 73-11-51(5), (7) and (8 )and 73-11-56(Rev. 2012 & Supp. 2014)

30 Miss. Admin. Code Pt. 2401, R. 3.3 Rule 3.3

The Board may require applicants for licensure to personally appear before the Board at the time the application is scheduled to be considered. An applicant for licensure as a funeral director must attain a passing score of at least seventy-five percent (75%) on the Funeral Service Arts Examination administered by the National Conference of Funeral Service Examining Boards.

An applicant for funeral service licensure must attain a passing score of at least seventy-five percent (75%) on each section of the examination, the Funeral Service Science Examination and the Funeral Service Arts, administered by the National Conference of Funeral Service Examining Boards.

Any examination fee which may be required shall be paid directly to the National Conference of Funeral Service Examining Boards.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(2), (3) (d) and (4) (e) (Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 3.4 Rule 3.4

No applicant for license for the practice of funeral directing will be allowed to take the State Board Examination prepared by the National Conference of Funeral Service Examining Boards unless he or she has successfully completed all the requirements as set forth in Section 73-11-51(3) of the Mississippi Code of 1972, as amended. The Executive Director of the Board may issue a temporary funeral service or funeral directing work permit before a permanent license is granted prior to the next regular meeting of the Board if, in the Executive Director’s opinion, the applicant has met all requirements set forth in Section 73-11-51 of the Mississippi Code of 1972, as amended. The temporary permit shall expire at the next regular meeting of the Board, unless the permit is extended in accordance with Rule 3.5 of these Rules and Regulations.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-51and 73-11-56 (Rev. 2012 & Supp. 2014)

30 Miss. Admin. Code Pt. 2401, R. 3.5 Extension of Permit A permit may be extended upon written request, prior to expiration and upon a showing of good cause

The Executive Director is authorized to grant extensions of time not to exceed ninety (90) days per extension. Not more than two (2) extensions of time will be granted for any permit.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-51 and 73-11-56(Rev. 2012 & Supp. 2014)

30 Miss. Admin. Code Pt. 2401, R. 3.6 Rule 3.6

No funeral service or funeral directing license shall be issued or renewed for a period exceeding two (2) years and all licenses and renewals thereof shall expire and terminate the last day of June every two (2) years, unless sooner revoked or canceled.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(8) (Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 3.7 Rule 3.7

Each individual licensed by the Board shall prominently display his or her license at all times in a conspicuous location in such a manner that it may be seen by the general public at the funeral establishment where the licensee is employed or associated through contract or otherwise provides funeral services. In instances of multiple operations a funeral establishment, the license of personnel other than the licensee in may be displayed only at the principal site of employment. However, the licensee in charge of more than one establishment must display a duplicate photocopy of his or her license at each other establishment in which he or she is in charge.

History

• Source: Miss. Code Ann. §73-11-49(7) (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 3.8 Rule 3.8

All persons holding a license for the practice of funeral service and funeral directing issued by the Board shall be issued a pocket certificate designating the type of license held and other such information as the Board deems necessary. The pocket certificate shall be carried on the person of the above mentioned licensee at all times he is performing the practice of funeral service or funeral directing in this state.

History

• Source: Miss. Code Ann. §73-11-49(7) (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 3.9 Duplicate License

1. Upon the loss, mutilation, or destruction of any license issued by the Board, the person or party holding such license may apply to the Board for a duplicate.

2. The application shall be made on the form prescribed by the Board and accompanied by the appropriate fee

3. The application for duplicate license shall be accompanied by a statement signed under oath or penalty of perjury stating the details of the circumstances under which the license was lost, mutilated, or destroyed and bearing a certification that such license was, in fact, lost, mutilated, or destroyed.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-56(Rev. 2012).

Chapter 4 Funeral Establishment

30 Miss. Admin. Code Pt. 2401, R. 4.1 General

To be licensed by the Board, a funeral service establishment must meet the following minimum requirements:

(1) Ownership. The establishment shall be operated by a sole owner, a partnership, a limited liability partnership, a limited partnership, a limited liability company, corporation, or a subsidiary of a corporation or other business entity authorized to do business in the State of Mississippi.

A Mississippi-licensed funeral establishment must be in good standing and authorized to do business as a funeral establishment in the State of Mississippi by all applicable authorities.

(2) Fixed place. The establishment shall have a fixed place of business with a specific street address or physical location and shall conform to local zoning ordinances as evidenced by an occupancy permit issued by the proper local governmental entity authorizing the occupancy of a funeral service establishment at that location. Fixed place means that the establishment is affixed to the real property by roots, embedded in it, permanently resting upon it, or physically attached or fastened to the real property, as by means of cement, plaster, nails, bolts, or screws.

The establishment shall display a sign indicating its true name as registered with the Board. Such sign shall be conspicuously located at or near the main entrance and shall be visible from the exterior of the building. In the event that a funeral establishment closes or moves from the location, the logo or business signs must be removed.

A funeral establishment shall have, listed and in working order, at its registered address a business telephone, the number of which shall be indicated as the business telephone number. Any other telephone number also listed for the funeral firm shall be specifically designated as “residence telephone number,“ “number to call if no answer,“ or otherwise identified.

A funeral establishment that maintains a chapel, preparation room, or other facility in a building or portion physically separated from and/or located at a place designated by an address differing from the office, chapel, or other facilities of the applicant, the chapel, preparation room, or other funeral facility otherwise located shall be deemed to be a separate funeral establishment. However, separate buildings or portions thereof connected by a private passageway, walk or driveway shall constitute a single funeral establishment.

(3) Application. The establishment must submit an application for an original license, or if appropriate, an application for a renewal license on forms provided by the Board. If a corporation or subsidiary thereof, partnership, limited liability partnership, limited partnership, or limited liability company, the application must, in addition to other requirements, be accompanied by a copy of the certificate of incorporation, articles of organization, or certificate or agreement of formation, and any other document filed with the Mississippi Secretary of State, which allows the entity to do business in Mississippi.

(4) Fee. The required fee must also be submitted with the application for licensure

(5) Inspection. The establishment shall be inspected by a representative of the Board as follows:

(a) prior to being initially licensed;

(b) when there is a change in ownership;

(c) any time when the inspection is part of the investigation of a complaint; and

(d) random, unannounced, or periodically as determined or required by the Board.

Failure to cooperate with a Board inspection shall constitute grounds for discipline as provided by Section 73-11-57 of the Mississippi Code of 1972, as amended.

(6) Existing Establishments. Any establishment which has been issued an establishment license under a rule of the Board having different requirements for the physical structure of the establishment than in this Rule will be permitted to continue to be licensed under the rules pursuant to which the establishment was initially licensed until such time as a change of ownership, purchase, lease, or change of address of such establishment is made. In the event of such a change, the establishment must meet the current requirements of these rules.

(7) Multiple Establishments at Same or Single Location

(a) The Board may issue more than one establishment license for a single location provided that each establishment is owned by the same individual, partnership, limited liability partnership, corporation, limited liability company or other business entity. If the Board issues more than one establishment license for a single location, the licensees shall ensure that the public will not be confused or deceived as to the establishment with which the public is interacting.

(b) All new funeral establishments shall be inspected and shall receive a satisfactory inspection, as determined by the Board, prior to the issuance an establishment license and shall comply with the criteria set forth in Rule 4.2. Purposes of funeral establishment inspection sheets, each of the establishments shall be considered as if they constituted a single establishment.

(c) No more than three (3) funeral establishments shall operate in one facility unless, upon application, the Board in its discretion finds that permitting an additional establishment will be in the best interest of consumers.

(8) Mobile Homes. Mobile home, modular units, manufactured homes and similar mobile units are prohibited for use as a funeral establishment or branch thereof, except in the case of an emergency as prescribed by the Board. Such homes or units may be granted a replacement

license on a case by case basis as determined by the Board.

(9) Display of License. The license of each funeral establishment shall be current and prominently displayed at all times in a conspicuous location in such a manner that the license may be seen by the general public.

The license of the licensee-in-charge and all funeral service licensees, funeral directors and apprentices employed by or working at the funeral establishment must be current and prominently displayed at all times in a conspicuous location in such a manner that the license may be seen by the general public.

2012).

History

• Source: Miss. Code Ann. §§73-11-41(l), 73-11-49(7), 73-11-55, 73-11-57 and 73-11-69 (Rev.

30 Miss. Admin. Code Pt. 2401, R. 4.2 Types of Establishments

(A) A Full-Service Establishment shall have the equipment for the conduct of embalming and funeral directing and shall comply with the federal Occupational Safety and Health Administration's regulations as they currently existed or as later revised. A Full-Service Establishment must contain the following:

1. A preparation room, along with all necessary equipment, in compliance with Section III below and all other local, state and federal laws, rules and regulations; 2. Restrooms facilities in compliance with all applicable federal, state and local health requirements; 3. Chapel or other separate room for conducting funeral services in compliance with Rule 4.5 hereof; 4. Office space for making arrangements in accordance with Section V hereof; and 5. Casket selection room.

(B)(1) A Branch Funeral Establishment that does not meet all of the requirements in Section II(1) for a Full-Service Establishment must be within seventy-five (75) miles of the Full-Service Establishment and has the authority to conduct funeral arrangements, visitations and ceremonies only. A Branch Establishment shall contain a restroom and available drinking water. In addition, a Branch Establishment that conducts funeral arrangements must have an area where funeral ceremonies or visitations may be conducted and a separate area for confidential conferences to arrange funeral services.

The license for a Branch Establishment is also dependent upon and shall be operated under the supervision and ownership of a Full-Service Funeral Establishment.

(2) If a Branch Establishment is more than seventy-five (75) miles from the Full-Service Establishment and/or engages in the care and preparation of the dead human body, it must meet the requirements of a Full-Service Establishment.

(3)(a) A Mortuary Service Establishment shall have authority to embalm dead human bodies and to transport dead human bodies to and from a funeral establishment. A Mortuary Service Establishment is prohibited from the care and preparation of dead human bodies other than by embalming and shall also be prohibited from making funeral arrangements or embalming arrangements with any party other than a licensed funeral establishment designee, cremating, conducting visitations and funeral ceremonies, furnishing any funeral service in connection with the disposition of dead human bodies, and/or selling of funeral merchandise.

Mortuary Service Establishments shall meet all requirements for a full service establishment, except that:

(b) Requirements. A Mortuary Service Establishment shall have a preparation room or embalming room meeting the requirements as set forth below in Rule 4.3.

(c) Prohibition. A Mortuary Service Establishment is prohibited from maintaining a selection room.

(C) Services limited to licensed funeral establishments. A Mortuary Service Establishment may provide its services only to licensed funeral establishments anywhere in the United States, or in any foreign country which licenses funeral service establishments.

(D) Crematory. A crematory shall have authority to cremate dead human bodies and to transport dead human bodies to and from a funeral establishment. It must have a functioning cremation chamber meeting the requirements established by the Board. A Crematory is prohibited from the care and preparation of dead human bodies other than by cremating, and is also prohibited from embalming, making funeral arrangements or cremation arrangements with any party other than a licensed funeral establishment designee, conducting visitations and funeral ceremonies, furnishing any funeral service in connection with the disposition of dead human bodies or selling funeral merchandise.

History

• Source: Miss. Code Ann. §§ 73-11-49(7), 73-11-55 and 73-11-69 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.3 Preparation Room

No embalming of a body of a deceased person shall be performed in a funeral establishment except in a room set aside exclusively for embalming or other preparation of a body of a deceased person (hereinafter referred to as the “preparation room”). Such preparation room and equipment, instruments and articles contained therein shall be maintained and kept in a clean and sanitary condition. The preparation room must also meet the following minimum requirements:

(1) Construction. The walls, floor, and ceiling must be covered with tile or other hard, smooth, impervious washable material.

The preparation room must contain at least 120 square feet of floor space. The preparation, disinfection, embalming, washing, dressing and casketing or other care of a body of a deceased person shall take place only in such room. The room shall contain only articles and equipment

necessary for such preparation. The embalming table must have rust proof metal, porcelain, or fiberglass top, with edges raised at least 3/4 inches around the entire table and drain opening at the lower end.

(2) Ventilation. The room shall have permanently installed and operable exhaust fan and intake vent in accordance with the Occupational Safety and Health Act (OSHA).

(3) Equipment. The room shall be equipped and provided with hot and cold running water, a utility sink, and sufficient cabinets, closets or shelves for all instruments and supplies. The room shall contain sufficient supplies and equipment for normal operation. Nothing in this subsection, however, shall require embalming chemicals to be stored in the preparation room. The room shall have no excess equipment stored, other than equipment necessary for preparing dead human remains, and performing necessary restorative art work.

All instruments and appliances used in the embalming of a dead human body must be thoroughly cleansed and sterilized by boiling or immersion for ten minutes in a one percent solution of chlorinated soda or an equivalent disinfectant immediately at the conclusion of each embalming.

Facilities shall exist for the proper disinfection of embalming instruments and the embalming table.

(4) Openings covered. All outside openings shall be covered with screens.

(5) Interior view. Measures must be taken to prevent a view of the interior of the room through any open door or window.

(6) No public use. The preparation room shall not have a passageway available for public use. The doors shall be tight-closing and rigid, and any windows of the room shall be so maintained as to obstruct any view into such room.

No person shall be permitted in a preparation room during the course of embalming a dead human body except the employees of the Mississippi licensed funeral establishment where the human body is being embalmed, members of the family of the deceased, persons authorized by the members of the family of the deceased, or any person otherwise authorized by law.

(7) Plumbing. The preparation room shall be equipped with sanitary plumbing connected with sewer, cesspool, septic tank, or other Department of Health approved system.

(8) Preparation room log/Case Report. Every funeral establishment must have available in the preparation room a log book or case report. The log book or case report shall list the name of each human remains received at this location including the date and time the remains were received, the place (if other than at the establishment) the care or preparation of the remains (e.g., bathe, disinfect, refrigerate, or embalm), the date and time that the embalming occurred, and the name, signature, and license number of the embalmer(s) and, if applicable, apprentice(s). If the remains were prepared at another location, that location shall be listed in lieu of the name and signature of the embalmer(s) and, where applicable, apprentice(s). The log book or case report

must be in a binder and must be available at all times in full view for the Board inspector. A sample of the embalming log is in the Appendix to these Rules and Regulations.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.4 Selection Room

Such selection room shall meet the following minimum requirements:

(1) Caskets. Each funeral establishment shall maintain an inventory of two (2) adult caskets. (2) Equipment. The selection room shall have no excess equipment stored, other than equipment necessary for the proper display of funeral service merchandise.

(3) Condition. The room shall be maintained in a clean, neat, and orderly fashion at all times.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.5 Other Rooms

(1) The establishment may have other rooms, offices, and other facilities, including restrooms for the staff and public lounge areas. All rooms and facilities shall be maintained in a clean, neat, and orderly fashion at all times.

(2) In addition to the above requirements, a full service funeral establishment must, minimally, include the following.

(a) Public Viewing. A chapel or reposing room, containing at least 300 square feet of floor space, to be used exclusively for public viewing and/or the conduct of funeral services.

(b) Office. An arrangement office, to be used exclusively for making funeral arrangements and for other related business matter.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.6 Vehicles

If offered, the funeral establishment shall have the necessary automotive vehicles to provide adequate service to the public. This shall not prohibit the establishment from arranging to lease, borrow, or otherwise arrange for extra vehicles when needed.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.7 Personnel

(1) Funeral Licensee

(a) Each funeral service establishment, except the branch establishment that does not engage in the care and preparation of the body, shall have an employment, contractual or other relationship with at least one full-time licensed funeral director or funeral service practitioner who shall be designated as the licensee-in- charge of the operation of the establishment. Each establishment must have a sufficient number of other licensed individuals to adequately serve the public.

(b) The licensee-in-charge shall reside and maintain a permanent residence within seventy (75) miles of the establishment for which he or she serves as licensee-in- charge.

(c) In the event the licensee-in-charge becomes no longer in charge of said funeral establishment, then the establishment and the licensee-in-charge have the responsibility of notifying the Board of such change within fourteen (14) calendar days. In such event, a new establishment license application must be submitted along with the appropriate fee prescribed by the Board.

(D) If exigent circumstances, as determined by the Board, warrant additional time to facilitate a licensee-in-charge change, upon good cause shown and with written agreement by a licensed funeral director to assume responsibility in the interim, the Board may grant up to ninety (90) additional days for an establishment to employ the new licensee-in-charge.

(2) Licensed Funeral Service Practitioner. Each full-service funeral establishment must either employ a funeral service licensee full-time or have a funeral service licensee available to embalm dead human remains. The funeral service licensee shall be listed on the establishment application, renewal form, and in the preparation room log book or case report.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.8 Prohibition

The issuance of a funeral service establishment license to an individual not licensed by the Board does not entitle the individual to practice funeral directing or funeral service.

History

• Source: Miss. Code Ann. §§ 73-11-49(7), 73-11-51, and 73-11-69 (Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 4.9 License Expiration and Renewal

Once issued, all original funeral establishments’ licenses shall expire on December 31 of the year of issue. Thereafter, a funeral establishment may make application for renewal of the existing original license. All renewals expire on the thirty-first day of December unless sooner revoked or canceled. The renewed license renewal application shall contain information as prescribed by the Board. All establishment licenses issued expire on the thirty-first of December for the year issued

History

• Source: Miss. Code Ann. §§ 73-11-49(7), 73-11-55, 73-11-56 and 73-11-69 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.10 Transferability

No establishment license is transferable from one party to another, or from one location to another.

History

• Source: Miss. Code Ann. §§ 73-11-49(7) and 73-11-55(7) (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 4.11 Change in Name, Ownership or Location

(1) Whenever the ownership, location, or name of the Mississippi licensed establishment is changed, a new license shall be obtained. Upon change of ownership or change of address or change of name, a new establishment license application must be submitted to the Board within thirty (30) calendar days of said change. The appropriate fees and disclosures (including percentages of ownership) must accompany the application.

(2) In the case of a change in ownership or change in name, the Board Executive Director may issue a special work permit allowing an existing establishment to continue to conduct the business of that establishment for a period of ninety (90) calendar days or until the next regularly scheduled Board. The permit must be applied for at least fourteen (14) calendar days prior to the change.

(3) For the purpose of these rules, a change of ownership shall occur whenever the parties originally owning or holding more than a 50% stake in an entity owning the establishment are transferring ownership in the funeral establishment or entity owning the funeral establishment such that he/she/they/it no longer hold(s) more than a 50% controlling interest in the establishment or entity.

Controlling interest means i) an interest in a partnership of greater than fifty percent (50%); or greater than fifty percent (50%) of the issued and outstanding shares of a stock of a corporation. If the establishment or crematory is operated by a business entity, any transfer of the ownership of fifty percent (50%) or more of the entity constitutes a change of ownership.

(4) If a change of ownership is caused by the elimination of one (1) or more owners, for whatever reason (death, sale of interest, divorce, etc.) without the addition of any new owner(s), it is not necessary to obtain a new establishment license. However, a new application for an establishment license form shall be filed as an amended application within fourteen (14) calendar days after the change of ownership.

(5) If a corporation, individual or party begins ownership of a licensed funeral establishment or ceases ownership of a licensed funeral establishment, a new establishment license shall be obtained regardless of the relationship of the previous or subsequent owner to the corporation, individual or party.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-56 and 73-11-69 (Rev. 2012).

Chapter 5 LICENSEE IN CHARGE

30 Miss. Admin. Code Pt. 2401, R. 5.1 The licensee in charge is responsible for the day to day operation of the funeral establishment

He or she must be employed twenty-five (25) hours per week during the calendar year (January through December) at the funeral establishment and i) must be on the premises and ready to make funeral arrangements for, or to respond to, persons entering the establishment during normal business hours of the establishment or ii) must be in a position to be notified of persons entering the establishment and to respond to them in person or telephonically within two (2) hours to set up an appointment for a face to face meeting with them during normal business

hours of the establishment.

The licensee in charge shall be responsible for ensuring that all persons employed or working for the establishment comply with all applicable laws and the Board’s rules and regulations. Nothing contained herein, however, shall be construed to absolve funeral establishments and other parties from liability for their violations of such laws, rules and regulations.

No licensee may serve as the licensee-in-charge of more than one (1) funeral establishment without the express written authorization of the Board. With the written authorization of the Board, a funeral directing or funeral service licensee, upon good cause shown that such is in the public interest, may serve as a licensee-in-charge of more than one (1) funeral establishment but in no event may any such individual be the licensee-in-charge of more than three (3) funeral establishments. Further, all of the establishments shall be under the same ownership, and no establishment shall be more than a seventy-five (75)-mile radius from the most centrally located establishment contained in the funeral establishment license application.

The licensee-in-charge shall reside and maintain a permanent residence within seventy-five (75) miles of the establishment for which he or she serves as the licensee-in-charge.

In the event the licensee-in-charge becomes no longer in charge of said funeral he or she must notify the Board of such change within fourteen (14) calendar days. In such event, a new establishment license application must be submitted along with the appropriate fee prescribed by the Board.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-55 (3) and 73-11-69 (Rev. 2012).

Chapter 6 RESIDENT TRAINEE

30 Miss. Admin. Code Pt. 2401, R. 6.1 Definitions

(1) “Supervision” means that a Mississippi-licensed funeral director or a Mississippi funeral service licensee, as appropriate, is:

(a) Physically present with the apprentice; and

(b) Personally observing and guiding the activities of the apprentice.

(2) “Supervisor” means the Mississippi-licensed funeral director or a Mississippi-funeral service licensee, as appropriate, who is the supervisor of record as registered with the Board office.

(3) “Supervisor's designee” means a Mississippi-licensed funeral director or a Mississippi funeral service licensee, as appropriate, who has been approved by the supervisor of record to supervise an apprentice and is employed by the funeral establishment.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 6.2 Apprenticeship Registration

(1) Each apprentice for funeral directing and funeral service shall meet the educational requirements specified in Section 73-11-51 of the Mississippi Code of 1972, as amended, and then successfully complete a funeral director or funeral service, as appropriate, apprenticeship to be considered eligible to take the license examination.

(2) Prior to beginning an apprenticeship, an applicant shall:

(a) File an apprenticeship application on the form prescribed by the Board; and

(b) Pay the applicable registration fee.

(3) No apprentice shall perform the practice of funeral service or the practice of funeral directing unless the apprentice is doing so under the personal supervision of a Mississippi licensed funeral service practitioner or funeral director.

(4) The funeral directing or funeral service apprentice registration or certification authorizes the apprentice to engage in the practice of funeral directing or funeral service only during the period of apprenticeship. Once the apprenticeship has ended, the funeral apprentice registration shall become null and void. (5) The apprenticeship shall be served only at the funeral establishment and locations designated in the Board records.

(6) The effective date of the apprenticeship will be the date identified on the Board issued apprenticeship certificate. A letter will be sent notifying the apprentice of the status of his or her apprenticeship or application.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-51(1) and (3) and 73-11-53 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 6.3 Supervisor

(1) An apprenticeship shall be served under the Board-approved supervisor.

(2) Funeral service licensees and funeral directing licensees who seek approval from the Board as a supervisor of record shall:

(a) Be working and located in the same licensed establishment or establishments as the apprentice he or she is supervising; and

(b)Be responsible for ensuring that the apprentice complies with the provisions of Title 73, Chapter 11 of the Mississippi Code of 1972, as amended, and the administrative rules and regulations of the Board.

(3) Apprentices may receive supervision by licensees other than the supervisor of record as designated by the approved supervisor and as filed for record in the Board’s office. However, the

supervisor of record that approve other licensees to provide supervision for an apprentice shall remain responsible for the actions of the apprentice and for the quality of the delegated supervision.

(4) Any time served in a funeral directing or funeral service apprenticeship under the direction or supervision of any person other than the Board approved supervisor or supervisor’s designee shall not be credited toward the apprenticeship requirements

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 6.4 Supervision of Apprentices

(1) No credit shall be allowed for resident traineeship unless that traineeship is served in this State in an establishment licensed by the Board.

(2) Supervision of funeral service apprentices. The funeral service apprentice must assist in the embalming of at least twenty-five (25) human bodies and must also assist in the planning and disposition of human bodies, as described below in subsection (6) (b) of this Rule, which must be completed during no less than twelve (12) and no more than twenty-four (24) continuous months under the personal supervision of the Board approved supervisor or designee.

(3) Supervision of funeral director apprentices. The funeral directing apprentice must assist in the planning of at least fifty (50) funerals or dispositions, as described below in subsection(6)(c) of this Rule, which must be completed during no less than twenty-four (24) and no more than thirty (30) continuous months under the personal supervision of the Board approved supervisor or designee.

(4) The apprentice shall maintain a work schedule documenting the sixty-four (64) hours per month that he or she has worked at the location of the apprenticeship. The work schedule shall identify:

(a) The daily work schedule of the apprentice, including beginning and ending times; and

(b) The days on which the apprentice does not work.

(5)The Board may, in its discretion, allow a resident trainee credit under a registration for the time actually served under a previous registration in this state; provided, that if the previous registration has been suspended or revoked for cause, not more than seventy-five percent (75%) of the time previously served shall be credited on the registration.

(6) The supervisor shall instruct an apprentice and ensure that an apprentice receives experience in all aspects of funeral directing or embalming, as applicable to the individual's apprenticeship.

(a) The instruction shall include: i. The laws and rules relating to the profession, including Title 73, Chapter 11 of the Mississippi Code of 1972, as amended, and the rules and regulations of the

Board; and

ii. The theory and application of funeral directing or embalming.

(b) The training and work assignments for the funeral service apprentice shall cover the following service items:

i. Initial call details;

ii. Removals;

iii. Embalming;

iv. Restorative art treatment;

v. Posing of the features and positioning of the body;

vi. Bathing and cosmetizing of bodies;

vii. Dressing and casketing of bodies;

viii. Recordkeeping;

ix. Purchasing of necessary supplies;

x. Preparation of autopsied bodies;

xi. Care and maintenance of equipment and embalming room; and

xii. Professional responsibility.

(c) The training and work assignments for the funeral directing apprentice shall cover the following service items: i. Initial call details;

ii. Removals;

iii. Counseling of families on the types of services and merchandise available;

iv. Arrangements of funeral services and merchandise;

v. Preparing death certificates and documents;

vi. Preparing applications for certain death benefits, such as Social Security, Veterans Administration, insurance companies and lodges;

vii. Preparing newspaper notices;

viii. Conducting visitations or memorial services;

ix. Directing funerals and graveside services;

x. Follow-up service to the family after the funeral service has been completed;

xi. Recordkeeping;

xii. Purchasing of necessary supplies;

xiii. Caring for equipment and premises; and

xiv. Professional responsibility.

Rule 6.5: Termination, Changing and Reestablishing an Apprenticeship (1) The certificate of apprenticeship must be issued to the applicant as an apprentice to a specified licensee. If the apprentice intends to change the licensee to whom apprenticed, he or she must immediately file a request for approval of the transfer with the Board and pay the required fee. (2) The apprentice shall notify the Board in writing of any termination of employment, change of supervisor or change of employment within fourteen (14) calendar days of the termination or change. Notice of a change of supervisor or change of employment must include the name of the apprentice and the date on which the termination or change occurred.

(3) A supervisor shall notify the Board in writing of any termination of employment, change of supervisor or change of employment of an apprentice within fourteen (14) calendar days of the termination or change. Notice of a change of supervisor must include the date on which the termination or change occurred.

(4) An apprentice whose apprenticeship is terminated at the establishment originally identified to the Board shall, within fourteen (14) days of being employed by another establishment:

(a) Notify the Board in writing of the change in employment and apprenticeship; and

(b) Complete a new registration as set out in Rule 6.2 of this Rule which is signed by the funeral directing or funeral service licensee who will be the apprentice's new supervisor of record.

Rule 6.6: Quarterly Reports

(1) An apprentice shall file quarterly reports with the Board on forms approved by the Board concerning the apprentice’s progress during the preceding three (3) months in the practice of funeral directing or funeral service, as appropriate.

Quarterly case reports must be signed by both the apprentice and the approved licensee under whose supervision the work was done, and filed with the Board or postmarked by the fifteenth (15 th ) calendar day of the following month.

(2) The quarterly apprenticeship report shall include the following information:

(a) The names and dates of funerals in which the apprentice for a funeral director's license assisted in managing during each three-month period;

(b) The names and dates of embalming cases in which the funeral service apprentice assisted during each three (3)-month period; and

(c) The names of the service items set forth above in Section 4 of specifically identified for each case in which the apprentice assisted during each three (3)-month period.

(3) With the first quarterly report, an apprentice shall file a report written by him or her summarizing the requirements of Title 73, Chapter 11 of the Mississippi Code of 1972, as amended, and the Board’s rules and regulations.

(4) If the apprentice has received supervision from funeral directing or funeral service licensee other than the supervisor identified on the application for apprenticeship, the supervisor of record shall still be responsible for: i) The activities of the apprentice;

ii) Quarterly report; and

iii) The certification of completion of cases and service items identified in the report.

(5) If the quarterly report is not timely submitted, that quarter shall not be counted toward successful completion of the apprenticeship. Timely submission of a quarterly report shall be within fifteen (15) calendar days following the conclusion of the quarter.

(6) The quarterly apprenticeship reports shall be reviewed by the Board and/or its designee to determine if the apprentice's progress in the practice of funeral directing or funeral service, as applicable, is acceptable or unacceptable.

(7) The apprentice and his or her supervisor must furnish records documenting his supervision to the Board upon request of the Board or its designee or representative.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).
• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).
• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 6.7 End of Apprenticeship Term

(1) An apprentice or resident trainee certification is valid only for twelve (12) months. Subject to Rule 6.8 and the approval of the Board, the funeral apprenticeship certification may be renewed upon application of the apprentice and payment of the required fee.

(2) Supervision. If the Board determines that the progress of the apprentice is unacceptable in one or more of the quarters of the apprenticeship, the apprentice shall be required to successfully complete one or more additional quarters of the funeral apprenticeship.

(3)If an apprentice does not become licensed as a funeral director or funeral service practitioner within five (5) years of completing his or her apprenticeship, the Board may require the individual to complete all or part of the apprenticeship period.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 6.8 Rule 6.8

Re-registration Any person who is registered as a Mississippi funeral directing apprentice is required to complete this apprenticeship for funeral directing within thirty (30) months of the date of the Board-issued certification. The funeral service apprentice must complete this apprenticeship within eighteen (18) months of the date of certification issued by the Board.

The funeral directing and funeral service apprenticeship is not intended as a long-term method of practicing funeral directing and/or funeral service in the absence of progress toward licensure. Accordingly, a funeral directing apprentice shall not be allowed to register with the Board for more than two (2) apprenticeship periods, unless otherwise approved by the Board for good cause demonstrated by the apprentice. A funeral service apprentice shall not be allowed to register with the Board for more than three (3) apprenticeship periods, unless otherwise approved by the Board for good cause demonstrated by the apprentice.

The funeral director or funeral service apprentice certification authorizes the trainee to engage in the practice of funeral service or funeral directing only during the period of the Board-approved apprenticeship. Once the apprenticeship is successfully completed as defined by these rules and regulations, the funeral director or funeral service apprentice registration or certification becomes null and void and the individual will no longer be authorized to act as an apprentice but must obtain the appropriate license from the Board in order to practice funeral service or funeral directing.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-53 (Rev. 2012).

Chapter 7 Reciprocity (Out-of-State Licenses)

30 Miss. Admin. Code Pt. 2401, R. 7.1 Rule 7.1

Applicants for licensure by reciprocity/endorsement who hold a valid license from another state may be eligible for licensure in Mississippi provided:

1. The applicant must submit the required license application and all appropriate fees

2. The applicant provides evidence satisfactory to the Board that he or she holds a valid, unrevoked, and unexpired license a funeral service practitioner or funeral director in another state having substantially similar requirements to the requirements for licensure as either an embalmer or funeral director in this state including a copy of his/her original license issued by the other state.

3. The applicant possesses a license in good standing in all states in which the applicant is licensed.

4. The applicant must not be the subject of any pending or unresolved complaint, investigation or disciplinary proceeding or action in any state or jurisdiction in which the applicant holds or has held a license. The applicant must provide all information, including any information or documentation requested by the Board, in connection with any pending or unresolved complaint, investigation or disciplinary action for the Board's review. The pendency of any complaint or disciplinary action or proceeding will be considered by the Board as a reason for denying licensure by reciprocity.

5. The Board receives a certification from the licensing board of the state or territory from which the applicant seeks a reciprocal license showing the applicant to be in good standing with the Board and whether the reciprocal applicant has ever been subject to discipline or if there are any complaints pending against the reciprocal applicant.

6. The applicant provides proof of his or her educational and professional qualifications which shall be substantially equivalent to the requirements existing in Mississippi at the time he or she was originally licensed.

7. Sufficient evidence is presented to the Board showing that the applicant has achieved a score of seventy-five percent (75%) or better on the National Board Funeral Service Arts Examination provided by the International Conference of Funeral Service Examining Boards, Inc., or designee of the board, if applying for only a funeral director license; or

For reciprocal license issued from and after 2002, sufficient evidence must be presented to the Board showing that the applicant for a funeral service license has achieved a score of seventy-five percent (75%) or better on the National Board Funeral Service Arts Examination and a score of seventy-five percent (75%) or better on the National Board Funeral Service Examination administered by the National Conference of Funeral Service Examining Boards; or

For reciprocal license issued prior to 2002, the applicant for reciprocal funeral service licensure must show evidence satisfactory to the Board that the applicant has successfully passed the National Board Examination as administered by the National Conference of Funeral Service Examining Boards. The examination must have included two (2) sections, funeral service arts and funeral service sciences, and the

applicant must have received a cumulative average score of at least 75 percent on the sections with not less than 70 percent on either of these two sections. The applicant must also provide documentation satisfactory to the Board, including an attestation from his or her employing funeral establishment, showing that the applicant has been engaged in the active practice of funeral service as a licensed embalmer and licensed funeral director continuously for a minimum of five (5) years immediately before the date of the Board’s receipt of the reciprocal application.

8. The applicant must not have committed any act which could result in denial of a license or discipline pursuant to Section 73-11-57 of the Mississippi Code of 1972, as amended.

9. The applicant must not have been subject to any disciplinary action in any state or other jurisdiction related to the practice of funeral directing of funeral service or related to any other profession for which the applicant is licensed, certified, registered or legally recognized to practice including resignation from practice, revocation, suspension, withdrawal or surrender of the applicant’s license, certificate or registration as a result of or during the pendency of disciplinary proceedings or investigation for potential disciplinary action.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(7)(Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 7.2 Rule 7.2

All applications for reciprocal licenses must be submitted to the Board office sixty (60) days prior to the next scheduled meeting of the Board, must be made on forms furnished by the Board, and must be accompanied by a fee as set by the Board.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(7)(Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 7.3 No reciprocal funeral service or funeral director license will be issued on the basis of another reciprocal

History

• Source: Miss. Code Ann. §73-11-49(7)(Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 7.4 Rule 7.4

The acceptance of the application as a basis for granting of a reciprocal license is within the sound discretion of the Board.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(7)(Rev. 2012 & Supp. 2014).

30 Miss. Admin. Code Pt. 2401, R. 7.5 Rule 7.5

The Executive Director or Board designee may issue a temporary funeral service or funeral directing work permit before a license is granted, prior to the next regular meeting of the Board, if in the Executive Director’s or designee’s opinion, the applicant for reciprocal license has met all requirements state above. Before a permanent license may be issued the applicant must meet with the Board at the next regularly scheduled meeting after the issuance of the work permit. Failure to meet the Board shall deem the application for reciprocity as abandoned and shall require a new application process. The temporary permit shall expire at the next regular meeting of the Board, unless the permit is extended in accordance with Rule 3.5 of these Rules and Regulations.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-51(7) (Rev. 2012 & Supp. 2014).

Chapter 8 Refusal to examine, grant, or renew licenses; Revocation or suspension; Grounds; Hearings

30 Miss. Admin. Code Pt. 2401, R. 8.1 Rule 8.1

The Board may refuse to examine, or issue or renew, or reprimand, or may suspend or revoke, any license, or may place the holder thereof on a term of probation, after proper hearing, upon finding the holder of such to be guilty of acts of commission including the following:

1. A license has been issued through error to any person or establishment.

2. Making a false statement or representation regarding the qualification, training, or experience of any application for training, examination, and licensing.

3. Gross or willful malpractice of the science of embalming or funeral directing, including but not limited to detaining a dead human body for payment for unauthorized services.

4. Knowingly and willfully making a false statement to the Board.

5. Knowingly, willfully, fraudulently, and/or falsely signing a death certificate as having embalmer or prepared a body when in face someone else did it or signing the name and license number of an embalmer who did not embalm the body.

6. Solicitation of dead human bodies for the purpose of having the body turned over to a particular establishment, or coercing or discouraging the removal of a dead human body from on establishment to another by detaining a dead human body for a fee in the absence of an agreement authorizing services to be rendered said agreement having been executed by a person with legal authority to do so. Each funeral establishment shall keep a record of the name, address and relationship to the deceased of each person authorizing services and the date of said authorization.

7. Violation of any provision of the laws, rules or regulations pertaining to the practice of funeral directing or funeral service or funeral establishment.

8. Failure of a licensee to make all records available for inspection or examination upon request by the Board or Board designee, or failure to otherwise fully cooperate with any inspection or investigation of a licensee, including failure to comply with a subpoena issued by the Board or to respond to a Board inquiry or communication within the time specified by the Board.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-57(1)(Rev. 2012).

30 Miss. Admin. Code Pt. 2401, R. 8.2 Rule 8.2

It shall be the duty of the Board or its designee to investigate or prefer charges, or both, upon finding of cause, against any licensee who is accused of violating any law, rule, or regulation of the State Board of Funeral Service or is accused of gross or willful malpractice of the practice of funeral service or funeral directing, or the science of embalming. Upon initiation

of such investigation written certified notice shall be given to the license of the alleged violations(s):

1. Whenever the Board shall have cause to believe that any person to whom a license has been issued has become unfit to practice as a funeral service or funeral directing licensee, or has violated any of the provisions of Section 73-11-41 et. seq. of the Mississippi Code Annotated, 1972, as amended or any rule or regulation of the Board, or whenever written complaint, on forms furnished by the Board, charging the holder of a license with the violation of any provision of Section 73-11-41 et. seq. of the Mississippi Code Annotated, 1972, as amended, or any rule or regulation prescribed, is filed with the Board, it shall be the duty of the Board to conduct an investigation. Upon receipt of notification to a formal complaint the licensee must make a written response to the complaint within twenty (20) days from receipt thereof. Failure to respond to the complaint shall be deemed as admission of the allegations contained therein.

2. If from such investigation it shall appear to the Board that there is cause to suspect that the alleged violations have been committed, the licensee shall be notified by the certified mail of the alleged facts and violations and that these allegations could lead to suspension or revocation of his license. The Board may, after notice of hearing and upon satisfactory proof that the applicant or licensee is guilty of the violations enumerated in the notice the Board shall take such action as is deemed appropriate by the Board. In addition to any penalty levied by the Board the respondent shall be assessed with the costs of the hearing, including the cost of service of process, court reporters, expert witnesses and investigators. If the licensee acknowledges the alleged violations in writing, then no hearing shall be required and the Board shall take such action as it deems appropriate. Any member of the Board shall have the right to administer oaths to witnesses.

3. If the agency finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

4. The Board chair may grant a continuance of a hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing The Board will grant no more than two (2) continuances.

5. Appeals of the decisions of the Board shall be perfected in a manner consistent with Section 73-11-57 of the Mississippi Code of 1972, amended. The expenses of the appeal shall be borne by the appealing party.

6. Appeals of the decisions of the Board shall be made according to Section 73-11- 57 of the Mississippi Code of 1972, as amended.

History

• Source: Miss. Code Ann. §§73-11-49(7) and 73-11-57(1) (Rev. 2012).

Chapter 9 DISCLOSURES

30 Miss. Admin. Code Pt. 2401, R. 9.5 Statements Of Funeral Goods And Services Selected

1. Every funeral establishment and/or the funeral directing or service licensee shall give or cause to be given to the person or persons making funeral arrangements, at the time such arrangements are completed and prior to the time of rendering the service and/or providing the merchandise, a written statement showing:

A. the price of the service that the person or persons have selected and what is included therein;

B. the price of each of the supplemental items of service and/or merchandise required;

C. the amount involved for each of the items for which the firm will advance monies as an accommodation of the family; and

D. the method of payment.

2. If the funeral establishment charges for purchasing a cash advance item, or if it receives and retains a rebate, commission, or trade or volume discount for a cash advance item, it must make the following disclosure:

“We charge you for our services in obtaining: (specify cash advance items).”

3. At the conclusion of arrangements, the itemized statement of goods and services shall be signed by the purchaser or consumer and the funeral service or directing licensee.

4. Form of the statement is included in: Appendix III – Itemized Statement of Funeral Goods and Services Selected.

History

• Source: Miss. Code Ann. §§73-11-49(7), 73-11-57(1) (p) (v), and 73-11-61 (Rev. 2012).

STATE BOARD OF GEOLOGISTS STATE BOARD OF GEOLOGISTS

Part 1101 Geologists, Board of

Chapter 2 Applications ................................................................................................................12 Rule 2.1 Form of Application ...................................................................................12 Rule 2.2 Acceptance of Applications .......................................................................13 Rule 2.3 Submission of Applications .......................................................................13 Rule 2.4 Transcript ...................................................................................................13 Rule 2.5 Experience Record .....................................................................................14 Rule 2.6 Application from Applicants with Degrees from Foreign Schools ......................................................................................................14 Rule 2.7 Reconsideration of Action on an Application ............................................14 Rule 2.8 Disposition of Applications .......................................................................15

30 Miss. Admin. Code Pt. 1101, R. 2.9 Rule 2.9

Reapplication .............................................................................................15 Rule 2.10 Retention of Applications ..........................................................................15

Chapter 16 Declaratory Opinions ................................................................................................45 Rule 16.1 Purpose .......................................................................................................45 Rule 16.2 General Information ...................................................................................45 Rule 16.3 Persons Who May Request Declaratory Opinions .....................................45 Rule 16.4 Subjects Which May Be Addressed in Declaratory Opinions ...................45 Rule 16.5 Circumstances in which Declaratory Opinions Will Not Be Issued .....................................................................................46 Rule 16.6 Form of the Request for a Declaratory Opinion ........................................47 Rule 16.7 Time for MSBRPG’s Response .................................................................49 Rule 16.8 Procedure after Request for Declaratory Opinion Received ......................49 Rule 16.9 Hearings at the Discretion of the MSBRPG ..............................................49 Rule 16.10 Public Availability of Requests and Declaratory Opinions .......................50

30 Miss. Admin. Code Pt. 1101, R. 16.11 Process for Issuing Declaratory Opinions..................................................50

Chapter 1 Organization, Purpose and Operation of the Board

30 Miss. Admin. Code Pt. 1101, R. 1.1 Rule 1.1

Purpose The Mississippi State Board of Registered Professional Geologists was created to administer the Registered Professional Geologists Practice Act of 1997 in order to safeguard life, health, and property, and to promote the public welfare by requiring any person in either public or private capacity practicing or offering to practice geology in this state to be registered, unless otherwise exempted by the Act.

History

• Source: Miss. Code Ann. §73-63-3

30 Miss. Admin. Code Pt. 1101, R. 1.2 Rule 1.2

Authorization The Registered Professional Geologists Practice Act of 1997, (§73-63-1 et seq., Mississippi Code 1972, annotated) provides the means for achieving the purpose of the Board as an agency of the State of Mississippi.

History

• Source: Miss. Code Ann. §73-63-1 et seq.

30 Miss. Admin. Code Pt. 1101, R. 1.3 Composition of Board The Board shall, to the extent practicable, be composed of five (5) members

One (1) member represents the governmental sector, one (1) member represents academia, one (1) member represents the geotechnical/environmental sector, one (1) member represents the mining/mineral extraction sector, and one (1) member shall represent the State’s geologists at-large.

History

• Source: Miss. Code Ann. §73-63-9

30 Miss. Admin. Code Pt. 1101, R. 1.4 Term of Board Members With the exception of the initial Board, the term of all members shall be four (4) years

History

• Source: Miss. Code Ann. §73-63-9

30 Miss. Admin. Code Pt. 1101, R. 1.5 Rule 1.5

Appointment of Board Members With the exception of the initial Board, the nominating committee shall consist of board members whose term is not expiring. The nominees selected by the committee shall then be submitted to the Registered Professional Geologists on the roster. Submission to the voting registrants may be done via e-mail, by a separate USPS mailing or via notice in a newsletter mailing. Based on the voting by the Registered Professional Geologists on the roster, the Executive Director/Board Administrator shall tally the voting results and submit to the Governor the three (3) nominees, ranked from the most to least number of votes received, from the sector in which the vacancy occurs, who received the largest number of votes. The Governor shall then appoint one of the three (3) nominees to fill the vacancy.

History

• Source: Miss. Code Ann. §73-63-9

30 Miss. Admin. Code Pt. 1101, R. 1.6 Voting All members of the Board, including the President, shall be entitled to vote and make or second motions

A majority vote of those present is required to pass a motion. A member expecting to be absent for a vote may provide the Board with written comments, but shall not vote by proxy.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.7 Quorum A majority of the Board shall constitute a quorum

History

• Source: Miss. Code Ann. §73-63-15

30 Miss. Admin. Code Pt. 1101, R. 1.8 Frequency of Meetings The Board shall meet at least two (2) times per year

Regular meetings may be held at specific times and dates as agreed to by a majority of the Board. Special meetings may be called by the President or Vice President if the President is incapacitated, and may be arranged by telephone, e-mail, or other electronic means provided adequate proof of notification to the Board members and the public is maintained. Due notice of meeting time and place, as required by law, apply to regular and special meetings.

History

• Source: Miss. Code Ann. §73-63-15

30 Miss. Admin. Code Pt. 1101, R. 1.9 Rule 1.9

Election of Officers The Board shall annually elect from its membership a President and Vice President at a regularly scheduled meeting in June or shortly thereafter but no later than the next meeting of the Board following June 30.

History

• Source: Miss. Code Ann. §73-63-15

30 Miss. Admin. Code Pt. 1101, R. 1.10 Rule 1.10

Term of Office of Board Officers The term of office of Board officers shall extend from July 1 through June 30 of the following year. No officer shall serve for more than two (2) consecutive terms for any specific office.

History

• Source: Miss. Code Ann. §73-63-15

30 Miss. Admin. Code Pt. 1101, R. 1.11 Rule 1.11

Duties of Officers President: The President shall serve as the executive officer of the Board and preside, when present, at all meetings. The President shall sign all certificates, the Annual Report to the Governor, and all other official documents and reports required of the Board. The President shall appoint such committees as the President may deem necessary and are authorized by the Board. The President, in the absence of an Executive Director/Board Administrator, shall perform those duties as described in 73-63-19. The President is responsible for setting agendas for consideration of the Board; however, other items may be placed on the agenda by a majority vote of the Board. The President shall perform any other duties typical of the office and as permitted by law.

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Vice President: In the absence of the President, the Vice President shall perform the duties of the President, with the exception of signing the Annual Report to the Governor. In the absence of an Executive Director/Board Administrator or Secretary, the Vice President shall maintain the official record of the minutes of the Board proceedings. The Vice President shall, along with the President, sign all Registrant and Geologist-In-Training certificates.

Secretary: By majority vote, the Board may elect to establish the office of Board Secretary. At such time, the Board shall establish the duties and authority as the office shall require.

Executive Director/Board Administrator: By majority vote, the Board may elect to create the office of Executive Director/Board Administrator and establish such duties and authority as the office shall require.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.12 Order of Business The Order of Business is set by the President

The agenda shall include an item of business allowing public comment.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.13 Rule 1.13

Open Meetings As required by the Open Meetings laws of the State of Mississippi, the general public shall be admitted to all meetings of the Board with the exception of those specifically identified by law. The public is subject to the following rules of conduct:

A. Members of the public are requested to register with the Vice President upon entry into the meeting area. Organized groups must have one (1) designated spokesperson.

B. Members of the public are expected to conduct themselves in a professional, calm and courteous manner.

C. Upon request and recognition of the presiding officer, an individual or spokesperson may be recognized to speak for a specified period of time. Additional time may be requested and extended at the pleasure of the presiding officer.

D. As prescribed by law, members of the public are not allowed to attend meetings of the Board when in Executive Session. All members of the public will be asked to leave the meeting area and allowed to return only when so advised by the presiding officer. Specific reasons for calling an Executive Session are described in the Open Meetings and Records Law.

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Any member of the public who does not comply with these rules will be dismissed from the meeting.

History

• Source: Miss. Code Ann. §73-63-17(a); §25-41-1 et seq.

30 Miss. Admin. Code Pt. 1101, R. 1.14 Seal of the Board The Board shall adopt a seal for use of the Board on official documents

The Board may change such seal as it deems necessary.

History

• Source: Miss. Code Ann. §73-63-17(b)

30 Miss. Admin. Code Pt. 1101, R. 1.15 Seal of Registrants’ The Board shall adopt a seal for the use of registrants appearing on the roster

The Board shall establish the proper use of the seal and may change it as the Board deems necessary.

History

• Source: Miss. Code Ann. §73-63-4; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.16 Rule 1.16

Robert’s Rules of Order, Revised Robert’s Rules of Order shall govern proceedings of the Board, except when such rules conflict with law or these regulations.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.17 Rule 1.17

Adoption of Rules and Regulations The Board has the exclusive right to promulgate, change and/or alter these rules and procedures upon majority vote.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 1.18 Rule 1.18

Procedures for Copying and Inspection of Public Records With the exception of records exempted by law, the Board complies with requests for information under the Mississippi Public Records Act of 1983, Mississippi Code Annotated §25- 61-1, et seq. according to the following policies:

A. Requests for information under the Mississippi Public Records Act of 1983 should be marked “Request for Public Records” and must be submitted in writing by U.S. mail to the MSBRPG Executive Director/Board Administrator, Mississippi State Board of Registered Professional Geologists, P.O. Box 22742, Jackson, MS 39225-2742.

B. Requests should describe in reasonable detail the records sought, and, if possible, should include a description of the type of records, names, dates, etc. that may aid in locating the requested records.

Upon receipt of a request, the MSBRPG Executive Director/Board Administrator shall determine whether the records sought are exempt from production under the

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Mississippi Public Records Act, and shall either produce or deny production of the records sought within seven (7) working days of the receipt of the request. If the MSBRPG’S Executive Director/Board Administrator determines that the records requested are exempt or privileged under the law, he or she shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three years.

Where necessary and feasible, exempt material will be redacted from non-exempt material. The MSBRPG will charge reasonable fees for the redaction of any exempted material, not to exceed the agency’s actual cost to do so.

C. Records shall be copied by Board personnel only. The requesting party bears the cost of all reproduction which is established as the actual cost incurred by the Board to meet the request. These costs include the cost of labor plus fringe required to conduct searches and copying. The requesting party must prepay costs for reproduction and postage. No copies will be made until full prepayment is made.

The MSBRPG’s Executive Director/Board Administrator shall promptly notify the person making the request of the estimated fees if the estimate exceeds the funds accompanying the request. The preceding noted fees will apply even if the search is unproductive.

D. Fees for Public Records Requests Cost per page (does not include research- document search-redaction costs) .....................................................................$0.35

Mailing of materials First Class Mail (includes postage and mailing materials)............................................................................ Actual costs

Cost of researching, searching, reviewing, redaction, and/or copying and mailing ..............................Labor plus fringe of lowest paid employee

History

• Source: Miss. Code Ann. §73-63-17(a); §25-61-1 et seq.

Chapter 2 Applications

30 Miss. Admin. Code Pt. 1101, R. 2.1 Form of Application

A. All applications for registration shall be made on a printed form provided by the Board. Where space on the form does not permit an applicant to present his/her record of experience or practice, the applicant may provide supplementary sheets of white paper 8 2 x 11 inches in size. Such additional sheets shall be typed on

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one side only and shall be signed and dated. Applications must be clearly typewritten.

B. All questions must be answered, except as otherwise specified.

C. An application not properly completed, not containing all of the required information, or not accompanied by the required fee will be returned with a statement of the reason for return.

D. Applications shall be subscribed and sworn to before a Notary Public or other persons qualified to administer an oath.

E. The conditions set out in the application shall be construed to be a part of the Rules and Regulations.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-29

30 Miss. Admin. Code Pt. 1101, R. 2.2 Acceptance of Applications

A. Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application.

B. Persons who have been previously disciplined and are no longer registered or enrolled with the Board shall appear before the Board and show cause why they should be accepted as an applicant for re-registration or re-enrollment.

C. No person shall be eligible for registration or enrollment that is not of good character and reputation.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.3 Submissions of Applications

A. All applicants for Registered Professional Geologist who are qualified as a geologist shall have the opportunity to register under the provisions of the grandfathering clause as specified by the Registered Professional Geologists Practice Act of 1997.

B. Applications for registration, other than grandfathering, may be submitted as specified by the Rules of the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.4 Rule 2.4

Transcript When the Board requires a transcript showing subjects and grades of all scholastic work which the applicant wishes to claim, this transcript should also show degree issued, and date of

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issuance. It is the responsibility of the applicant to see that such record is sent directly from the institution to the Board office. No action will be taken by the Board until such information is received.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.5 Rule 2.5

Experience Record In relating experience, an applicant must account for the entire period of time which has elapsed since the beginning of the experience record.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.6 Application from Applicants with Degrees from Foreign Schools

A. Language Comprehension (RPG) - An applicant for registration as a Registered Professional Geologist who is from a non-English speaking country, or a country where the primary language is other than English, shall submit to the Board a TOEFL (TOEFL is the acronym for test of English as foreign language) certificate with a score of 550 or higher. This test shall have been taken within two years of the application date. An applicant who has received a degree from an institution in an English-speaking country will be exempt from this requirement.

B. Language Comprehension (GIT) - An applicant for enrollment as a Geologist-In- Training who is from a non-English speaking country, or a country where the primary language is other than English, shall submit to the Board a TOEFL (TOEFL is the acronym for test of English as foreign language) certificate with a score of 475 or higher. This test shall have been taken prior to application as a GIT. An applicant who has received a degree from an institution in an English- speaking country will be exempt from this requirement.

C. Degrees from foreign (outside of the United States) institutions of learning must be transcribed by a transcription service acceptable to the Board. Such a transcription must provide the equivalent semester hours on a course by course basis pursuant to U.S. standards enumerated in Chapter 6, Rules 6.1 and 6.2. Those results must be sent directly from said transcription service to the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.7 Registration Pursuant to the Universal Recognition of Occupational Licenses Act

Mississippi residents seeking registration pursuant to the Universal Recognition of Occupation Licenses Act, Miss. Code Ann. §§ 73-50-2, et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “universal application,” is available on the Board’s website located at https://www.msbrpg.ms.gov or as otherwise may be made available by the Board.

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A. Excluding the provision of references and a college transcript, the remaining requirements of Rule 2.1 are applicable to the completion of the universal application.

B. Each universal application shall be accompanied by a copy of the applicant’s current and valid, out-of-state license to practice geology or such other occupation having a similar scope of practice, if applicable.

C. If the applicant previously worked in a state which does not require or issue a license to practice geology or such other occupation having a similar scope of practice, the universal application must contain sufficient information regarding the applicant’s work experience in the field of geology or other field for no fewer than three (3) years.

D. Proof of residency must be submitted with the completed universal application.

Proof of residency includes, but is not limited to, a copy of a state-issued identification card, documentation of current home ownership or lease of a residence in Mississippi, documentation of current in-state employment, current Mississippi residential utility bill which contains the applicant’s name and current address or any other verifiable documentation which may evidence residence.

E. For applicants seeking licensure based upon the practice or experience within a field having a similar scope of practice to geology, it shall be within the Board’s discretion to determine, on a case-by-case, whether the applicant’s education, if any, and previous work experience within such field is of a scope similar to the practice of geology. The Board also may request additional documentation, or appearance of the applicant should the information provided by the application be insufficient for the Board to make its determination.

History

• Source: Miss. Code Ann. §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 2.8 Registration Pursuant to the Military Family Freedom Act

Applications may be approved; deferred for more experience or additional references or other reasons; closed; or denied.

A. Approved applications

1. When an application is approved by the Board for an examination, the applicant shall be notified by the Executive Director/Board Administrator or President of the Board.

2. When an applicant has met the qualifications for registration, the applicant shall be notified of registration and the action of the Board shall be recorded in the official minutes of the meeting.

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B. Deferred applications - Deferred applications shall remain on file for one year from date of deferment. If the reason for deferment is not removed within this time, the application will be closed.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 2.9 Reconsideration of Action on an Application

An applicant not otherwise prohibited by the Board may reapply.

Active members of the military, spouses and/or dependents of an active member of the military, located in Mississippi, seeking registration pursuant to the Military Family Freedom Act, Miss. Code Ann. §§ 73-50-1, et seq., may complete an abbreviated application available to qualifying applicants. This application, entitled “military application,” is available on the Board’s website located at https://www. msbrpg.ms.gov or as may otherwise be made available by the Board.

A. Excluding the provision of references and a college transcript, the remaining requirements of Rule 2.1 are applicable to the completion of the military application.

B. Each military application shall be accompanied by a copy of the applicant’s current and valid, out-of-state license to practice geology or such other occupation having a similar scope of practice, or proof of the award of a military occupational specialty, completion of a military program of training, testing and/or experience performed in the occupational specialty.

C. If the applicant previously worked in a state which does not require or issue a license to practice geology or such other occupation having a similar scope of practice, the military application must contain sufficient information regarding the applicant’s work experience for no fewer than three (3) years.

D. For applicants seeking licensure based upon practice or experience within a field having a similar scope of practice to geology, it shall be within the Board’s discretion to determine, on a case-by-case basis, whether the applicant’s education, if any, and previous work experience within the field is of a scope similar to the practice of geology. The Board also may request additional documentation, or the appearance of the applicant if the information provided by the application is insufficient for the Board to make its determination.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27
• Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-50-1(9)

30 Miss. Admin. Code Pt. 1101, R. 2.10 Retention of Applications

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A. Retention Schedule - In accordance with the following retention schedule, the following records will be maintained on file in the Board office for the period shown:

1. Registered Professional Geologist (RPG) - microfilmed files or alternately electronically archived and retained for seventy five (75) years or until seven (7) years after death, whichever occurs sooner.

2. Geologist-In-Training (GIT) - ten (10) years

3. Examinations - ten (10) years

4. Closed or denied - seven (7) years

B. Any application that involved disciplinary action or violations will be retained indefinitely.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27

30 Miss. Admin. Code Pt. 1101, R. 3.1 General Principles

A. Requirement of practitioner as professional - The practice of geology is a profession, and the privilege of professional practice requires responsible and ethical conduct as well as scientific knowledge on the part of the practitioner.

B. Who is included - The Code of Ethics/ Professional Conduct shall be binding upon each and every person registered as a Registered Professional Geologist (RPG) or enrolled as a Geologist-In-Training (GIT). Persons so registered or enrolled are charged with having knowledge of the existence of the Code of Ethics/Professional Conduct and an understanding of the rules contained therein. Violations of this chapter are subject to fines and/or suspension of one’s registration or enrollment.

C. Morals - The registrant or enrollee shall at all times be guided by the highest standards of ethics, honesty, integrity, personal honor, fairness, impartiality, candor, fidelity to trust, inviolability of confidence, and professional conduct in carrying out the practice of geology and also in other professional activities.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

30 Miss. Admin. Code Pt. 1101, R. 3.2 Responsibilities to the public and integrity in the practice of geology

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A. Obligation to and protection of public - The registrant or enrollee shall at all times recognize his or her primary obligation to safeguard life, health, and property and promote the public welfare.

B. Reporting suspected violators - The registrant or enrollee shall report to the Board any suspected violation of the Rules and Regulations. Failure to do so may be construed as aiding and abetting the violator. Section 73-63-43, (Mississippi Code, annotated), provides that a person who reports or provides information to the Board in good faith is not subject to an action for civil damages. C. Qualified for assignments - The registrant or enrollee shall provide professional services only when qualified by training, education, and/or experience in the specific technical discipline involved.

D. Use of seal restricted - The registrant shall sign and affix his or her seal only on documents prepared by the registrant, prepared under the registrant’s direct supervisory control, or reviewed by the registrant in sufficient depth to fully assume responsibility for the accuracy and adequacy of the specific geologic subject matter.

E. Public statements - The registrant or enrollee shall not knowingly make any false, misleading, or unfounded statement, nor make any sensational, exaggerated, or unwarranted statement, claim or advertisement when engaged in the practice of geology or in matters related to the professional practice of geology with the intent to mislead or deceive, even if directed to do so by an employer or client, or under any other pressure. The registrant or enrollee shall include all relevant and pertinent information in any report, statement, or testimony given in the practice of geology or in matters related to the professional practice of geology.

F. Professional opinions - The registrant or enrollee shall not give a professional opinion or submit a report without being as thoroughly informed as might be reasonably expected, considering the purpose for which the opinion or report is requested. The registrant shall, insofar as practicable, distinguish between fact and opinion in all evaluations and estimates, and shall set forth all assumptions. The registrant or enrollee shall base his or her professional opinions upon the honest conviction of the veracity of empirical knowledge and commonly recognized geological principles and geologic practice standards.

G. Use of reports - The registrant or enrollee shall not knowingly permit the publication or other use of his or her reports, maps, documents, data, or interpretations for any unsound, unethical, or illegal undertaking or enterprise.

H. Conflict of public interest - The registrant or enrollee shall disclose the existence of any beneficial interest or expected interest in any property or project in which the registrant provides professional services, geological or otherwise.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

30 Miss. Admin. Code Pt. 1101, R. 3.3 Responsibilities to employers and clients

A. Protection of employer’s interests - The registrant or enrollee shall protect, to the fullest possible extent, the interest of his or her employer or client and the confidentiality of information obtained from his or her employer or client, so far as is consistent with the registrant’s obligation to protect the public safety, health, and welfare, and the registrant’s professional obligations and ethics.

B. Competency for work - The registrant or enrollee shall provide professional services to an employer or client only within the registrant’s expertise, and shall notify the employer or client of the registrant’s lack of expertise in any particular technical area.

C. Conflict of employer interest - The registrant or enrollee shall avoid conflict of interest with an employer or client and shall disclose the circumstances to the employer or client if a conflict is unavoidable.

D. Solicitation of work - The registrant or enrollee shall not use undue influence or improperly offer commissions, compensations, political contributions, gifts, or any other consideration in the solicitation of work.

E. Accepting compensation - The registrant or enrollee shall not accept compensation without furnishing services, unless said compensation is in the form of a retainer or similar legal contract which explicitly specifies that said compensation reserves a portion of the registrant’s time for the client, whether it is utilized for performing services for the client or not.

F. Use of employer’s resources - The registrant or enrollee who is an employee shall not use his or her employer’s resources for private gain without prior knowledge and consent of his or her employer.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

30 Miss. Admin. Code Pt. 1101, R. 3.4 Responsibilities to other geologists, the profession, and other professionals in related disciplines

A. Crediting others - The registrant or enrollee shall give credit for work done by others to whom credit is due and shall refrain from plagiarism in oral and written communications. The registrant shall not knowingly accept credit rightfully due others.

B. Cooperation with others - The registrant or enrollee shall endeavor to cooperate with others in the profession and in related disciplines, and shall encourage the ethical dissemination of geological knowledge and the advancement of the science.

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C. Reputation of others - The registrant or enrollee shall not falsely or maliciously attempt to injure the reputation (professional or otherwise) or the business of others nor shall the registrant or enrollee attempt to discredit or attack others for holding professional viewpoints that may differ from that of the registrant’s.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

30 Miss. Admin. Code Pt. 1101, R. 3.5 Page 21

Compliance Failure to comply with this chapter may result in the suspension of registration, enrollment or denial of registration or enrollment.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

Chapter 4 Fees

30 Miss. Admin. Code Pt. 1101, R. 4.1 Rule 4.1

Method of Payment Fees are payable to the “Mississippi State Board of Registered Professional Geologists” or “MSBRPG.” Payment of fees must be made by check, money order, or via an approved credit/debit card and method acceptable to the Board. Applications received without the proper fee will not be returned to the applicant.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-37

30 Miss. Admin. Code Pt. 1101, R. 4.2 Rule 4.2

Penalty for Late Renewal or Payment of Required Fees Failure on the part of any registrant or enrollee to renew their certificate in January shall not deprive such person of the right of renewal or re-enrollment. All registration or enrollment fees not paid and postmarked in January, or for other payment requests not received within thirty (30) days of the billing date will be subject to Rule 4.3. If registration or enrollment fees remain unpaid at the end of February, or later, the fee schedule and conditions set forth in Rule 4.3 shall further apply. A registrant or enrollee whose registration or enrollment is sixty (60) days past the expiration date of January 1 may, at his/her option, submit a new application for registration or enrollment along with all appropriate and required fees, provide the Board with a letter noting his/her election, and shall also be required to show proof, satisfactory to the Board, of their successful passage of both the ASBOG ® Fundamentals of Geology and the Practices of Geology examinations in order to be reconsidered for registration or renewal or re-enrollment.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-37

30 Miss. Admin. Code Pt. 1101, R. 4.3 Rule 4.3

Fee Schedule Fees shall be in accordance with the following Fee Schedule the Board has adopted fees for the following items: A. Registered Professional Geologist Application (Non-refundable) ................$200.0 B. Registered Professional Geologist Registration/Renewal fee - annually* .......................................................................................................$200.0 C. Geologist-In-Training Enrollment fee - annually* ........................................$100.0 D. Examination Verification- Authorization fee .............................................................................................$25.0 E. Late Payment of Examination Verification- Authorization fee .............................................................................................$25.0

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N. Temporary Work Permit (TWP) The issuance of a Temporary Work Permit may be issued by the Board's Executive Director/Board Administrator. A TWP may be issued provided that the person requesting same is duly licensed or registered in a state with a law similar to Mississippi and is a true practice regulation act. The following is the schedule of fees for TWPs:

1. First TWP Time Frame (90 calendar days) .........................................$75.00 2. Second TWP Time Frame (additional 90 days after expiration of first 90 day TWP) ........................................................$150.00 3. Third TWP Time Frame (additional 90 days after expiration of second TWP) ................................................................................$225.00 4. Fourth TWP Time Frame (additional 90 days after expiration of third TWP) ....................................................................................$300.00

Note - All other fees and/or charges shall be administratively set, but not be limited to, the costs of material(s), labor, research, postage, and other reasonable expenses which may be incurred by the Board. Testing fees may be adjusted by the Board to cover costs associated with the administration of the examinations and/or charges imposed by ASBOG

related to the purchase, maintenance, and use of said examinations. All examinees must purchase his/her actual examination directly from ASBOG

after being authorized to do so from this Board - examination costs are set by ASBOG

and not this Board. The Board=s Executive Director/Board Administrator reserves the right to withhold the release of any information including examination results if there are any outstanding, unpaid fees, or if application packages are not complete.

History

• Source: Miss Code Ann. §§73 63-17(a) and 73-63-37
• Source: Miss Code Ann. '73-63-17(a); '73-63-37

Chapter 5 Ad Hoc Advisory Committee Organization, Purpose, and Operation

30 Miss. Admin. Code Pt. 1101, R. 5.1 Rule 5.1

Purpose The purpose of the Ad Hoc Advisory Committee is to aid the Board in the execution of its duties, to provide advice to the Board, and to provide a mechanism by which registered geologists can interact more directly with Board affairs.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.2 Authorization The Ad Hoc Advisory Committee is created by the Board and to serve at the pleasure of the Board

The Board, by majority vote, may dissolve the committee in part or in whole. The Board will direct the agenda of the Committee. The Committee Chair must request Board authorization for specific items to be added to the Committee’s scope of work if these items have not been previously assigned to the Committee by the Board.

Page 23

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.3 Page 24

Membership The membership of the Ad Hoc Advisory Committee shall consist (with the exception of the initial committee) of Registered Professional Geologists. The potential member should be in good standing, appear on the current roster, and have been a resident of the State of Mississippi for six (6) months. Membership shall be limited to a maximum of fifteen (15) members selected from diverse professional backgrounds and selected by the nominating subcommittee appointed by the Committee chair. All members of the Committee shall be approved by the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.4 Officers The Ad Hoc Advisory Committee shall elect a Chair, Vice Chair, and may elect a Secretary

These officers shall be elected from the Committee membership and approved by the Board. The Chair shall appoint a nominating subcommittee which will solicit nominations from the current roster of members in good standing to fill vacancies in these offices. The Chair may appoint a Committee member to fulfill an unexpired officer’s term. The Committee has the option not to fill the Secretary position if, in the opinion of the Committee, it is not required.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.5 Terms Members of the Committee (with the exception of the initial Committee) shall serve two (2) year terms

Terms of the initial committee members shall expire on June 30, 1999. Officers shall serve one (1) year terms and may be re-elected to the same office for only one consecutive term.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.6 Rule 5.6

Duties of Officers Chair: The Chair shall serve as the presiding officer at all meetings of the Committee, shall appoint such subcommittees as deemed necessary, shall assume overall responsibility for the work of the Committee, and shall be the primary point of contact with the Board. The Chair may, at his/her discretion, organize work groups or subcommittees to carry out the specific activities, duties, or assignments which may have been requested by the Board. The Chair shall submit an annual report to the Board documenting the Committee’s work during the past year. The Chair shall perform all other duties typical of the office and as permitted by law.

Vice Chair: The Vice Chair shall, in the absence of the Chair, assume the duties of the Chair. The Vice Chair shall aid the Chair in his/her duties and maintain a roster of Committee members and such subcommittee assignments made to members. In the absence of the Chair, the Vice Chair shall be the primary contact with the Board. The Vice Chair shall perform all other duties typical of the office and as permitted by law.

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Secretary: The Secretary shall make a record of all Committee meetings and maintain a copy for use of the Committee and Board members. The Secretary shall carry out all correspondence in the name of the Committee and maintain copies thereof.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.7 Frequency of Meetings The full Committee shall meet at least twice (2) per year

One meeting shall be in conjunction with a regularly scheduled meeting of the full Board. Special meetings may be called at the pleasure of the Chair.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 5.8 Rule 5.8

Reporting Duties The Committee Chair must submit to the Board an annual report due on July 1 of each year containing a summary of its activities. Minutes of Committee meetings and correspondence must be regularly filed with the Board by the Chair or a designated officer no later than 30 days after the meeting at which said minutes were approved by the Ad Hoc Advisory Committee.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

30 Miss. Admin. Code Pt. 1101, R. 6.1 Part 1101 Chapter 6 Curricula Approved by the Board

Geology Curricula The phrase “Graduation from a course of study in geology satisfactory to the Board from an accredited college or university, or from a program accredited by an organization recognized by the Board, of four (4) or more years” as used in the Registered Professional Geologists Practice Act of 1997, is interpreted by the Board to mean:

A. Baccalaureate Degree - A baccalaureate degree from an institution accredited by organization(s) approved by the Board. A baccalaureate degree cannot also be used as geology experience.

Note: Graduation from an accredited program means a program accredited by the Southern Association of Colleges and Schools, Middle States Association of Colleges and Schools, North Central Association of Colleges and Schools, New England Association of Colleges and Schools, Northwest Association of Colleges and Schools, and Western Association of Colleges and Schools, or other accreditation organizations which may be recognized by the Board.

Degrees from foreign institutions of learning shall be transcribed by a transcription service acceptable to the Board. Such a transcription must provide the equivalent semester hours on a course by course basis pursuant to U.S. standards as noted above. Those results must be sent directly from said transcription service to the Board.

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B. The phrase as used in the Registered Professional Geologists Practice Act of 1997 “which includes at least thirty (30) semester or forty-five (45) quarter hours of credit, with a major in geology or a geological specialty;” is interpreted to mean completion of at least thirty (30) semester or forty-five (45) quarter hours of Board approved geologic course work with a grade point average of 2.0 or higher on a 4.0 scale.

C. Documentation of all educational qualifications will be through certified written references or certified transcripts submitted directly to the Board by the accredited university or college.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27 et seq.; §73-63-29

30 Miss. Admin. Code Pt. 1101, R. 6.2 Rule 6.2

Education Equivalences As authorized in 73-63-27(e) of the Registered Professional Geologists Practice Act of 1997, the Board may consider the following educational qualifications to be equivalent to 73-63-27 (1) (a) (i) for registration or enrollment:

A. Graduation with an advanced degree in geology or a geological specialty from an accredited college or university in an accredited program of study satisfactory to the Board with completion of a minimum of thirty (30) semester or forty-five (45) quarter hours of graduate level coursework in geology or a geological specialty and supporting ancillary course work in Mathematics, Physics, and Chemistry.

B. An advanced degree used for qualifying under the educational requirements of the Board shall not be used to satisfy the requirements for professional experience.

Note: Graduation from an accredited program means a program accredited by the Southern Association of Colleges and Schools, Middle States Association of Colleges and Schools, North Central Association of Colleges and Schools, New England Association of Colleges and Schools, Northwest Association of Colleges and Schools, and Western Association of Colleges and Schools, or other accreditation organizations which may be recognized by the Board.

C. The phrase “which includes at least thirty (30) semester or forty-five (45) quarter hours of credit, with a major in geology or a geological specialty;” as used in the Registered Professional Geologists Practice Act of 1997 is interpreted to mean completion of minimum hours approved by the Board with a grade point average of 2.0 or higher on a 4.0 scale.

D. Documentation of all educational qualifications will be through certified written references or certified transcripts submitted directly to the Board by the accredited university or college.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27 et seq.; §73-63-29

Chapter 7 References Rule 7.1 Responsibility of Applicant for References An applicant for registration as a Registered Professional Geologist or enrollment as a Geologist- In-Training shall furnish on their application the names, addresses, and if applicable, the states in which references are registered as professional geologists. It is the sole responsibility of the applicant to provide all reference information and ensure that the three (3) letters of reference are sent to the Board in a timely manner.

30 Miss. Admin. Code Pt. 1101, R. 7.2 Page 27

Reference Qualifications All references for all applicants must have personal knowledge of the applicant’s geologic experience and must be a geologist. After December 31, 1998 all references for an applicant must be a Registered Professional Geologist as recognized by the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b)

30 Miss. Admin. Code Pt. 1101, R. 7.3 Rule 7.3

Reference Information The information contained and associated with applications for registration or enrollment are exempt from any disclosure pursuant to the Mississippi Public Records Act unless requested, in writing, by the registrant or enrollee to provide said information to another board of licensure or registration.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b)

30 Miss. Admin. Code Pt. 1101, R. 7.4 Rule 7.4

Responsibility of the Reference It is the responsibility of the reference to provide an honest appraisal of applicants considered for enrollment or registration.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b)

30 Miss. Admin. Code Pt. 1101, R. 7.5 Rule 7.5

Failure of a Reference to Respond The Board may find it necessary to correspond directly with a reference to seek clarification of the reference’s statements. If any reference fails or declines to cooperate with the Board within 30 days, all information submitted by the reference may be disregarded.

Note: References are considered by the Board to include Professionals who bore the responsibility for actual work experience.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b)

Chapter 8 Examinations

30 Miss. Admin. Code Pt. 1101, R. 8.1 Page 28

Uniform National Examinations The Board uses examinations offered by the National Association of State Boards of Geology (ASBOG ® ). These examinations have been developed by appropriate committees of ASBOG ®

staffed by experienced, mature registrants under the guidance of a nationally recognized evaluation organization and professional psychometricians. Each examination has been validated with regard to content, relevancy of problems, and scoring. The Board will use the ASBOG ® recommended cutoff scores for each examination.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.2 Classification of Geology Examinations

A. Fundamentals of Geology - The Fundamentals of Geology (FG) examination is designed to test the applicant’s basic knowledge of general geology. An applicant may take the FG examination if he or she meets the following criteria:

1. The applicant has submitted a complete application including references, transcript(s) and all required fees for GIT status with the Board prior to the test and has been approved to take the test.

2. The applicant holds a degree in geology from an acceptable college or university.

3. In lieu of 8.2(a)(2), as described above, the applicant must have completed 30 semester hours (or 45 quarter hours) of geology or geology - related courses acceptable to the Board and is currently enrolled in an advanced geology degree program with an acceptable college or university.

B. Fundamentals of Geology Examination taken as an exit examination - The FG is offered as an exit examination to aid colleges and universities in the evaluation of their teaching curriculum. Rules governing this option are as follows.

1. The student must be an undergraduate (see 5. below).

2. The FG as an exit examination may be a requirement for graduation.

3. The exit examination option may be accepted by a student only once. If the student wishes to take the examination again, it must be under the general rules described above under A.1., A.2., and A.3.

4. Student must have obtained senior status at the time of application and said student must be approved by the department head/chair to sit for the examination and shall meet or will meet all requirements to become a GIT including 30 semester hours or 45 quarter hours in geologic course work at

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the time of graduation, subject to the review and affirmation of the Board’s Executive Director/Board Administrator.

5. If the student is in a graduate degree program in geology with undergraduate degree(s) not in geology then said student may take the FG examination as an exit examination provided that s/he is approved by his/her department head/chair and meets or will meet all requirements to become a GIT including 30 semester hours or 45 quarter hours in geologic course work at the time of graduation for said graduate degree, subject to the review and affirmation of the Board’s Executive Director/Board Administrator.

C. Practice of Geology - This examination is known as the PG examination, a four (4) hour examination. An applicant for registration as a Professional Geologist will be permitted to sit for the PG examination only after the FG examination has been passed, enrollment has been accomplished and the experience requirements and other requirements of the Registered Professional Geologists Practice Act of 1997 and Rules and Regulations have been met.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.3 Dates and Locations

A. Dates offered - Examinations are offered twice yearly on dates set by ASBOG ® . Dates are available from the Board office and may also be provided on the Board’s web site.

B. Locations - Both the Fundamentals and the Practices examinations will be offered at location(s) specified by the Board. The Fundamentals of Geology may be offered on campus to qualified undergraduate students who are presently enrolled at Mississippi State University, the University of Mississippi, the University of Southern Mississippi, Millsaps College, or any other location the Board may designate.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.4 Language of the Examinations The language of the examination will be English

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.5 Rule 8.5

Authorized Materials in Examination Room Examinees may bring engineering scales/rulers, protractors, colored pencils, and battery operated, non-printing, non-alpha numeric calculators into the exam site where the ASBOG ®

examinations will be administered. All examinations will be collected at the end of the examination session. Computers, laptops, or any other similar electronic devices are not

Page 30

permitted nor are cellular telephones or any other devices that can record or transmit images or voice/sound in any format. Such devices shall be turned off and held by the examination proctor until the examinee completes and turns in the exam to the exam proctor.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.6 Rule 8.6

Non-Compliance of Examination Rules and Procedures Any person not complying with any rules and procedures for the examination will be required to surrender examination materials and shall leave the examination room and will not be permitted to return. Such person’s examination will be considered null and void and all costs associated with said examination shall be forfeited. The examinee will not be allowed to apply for re- examination until s/he appears before the Board to show cause as to why he/she should be allowed to attend another examination. The Board shall make the determination whether or not the examinee will be allowed to sit for the examination in the future and may require remedial courses/seminars dependent on the severity of his/her violation(s) of this chapter.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.7 Rule 8.7

Failure to Attend an Examination or Failure to Appear at the Requested Time In the event an applicant is unable to attend an examination or who does not show up at the requested time shall forfeit all fees paid and shall not be allowed to sit for the examination unless verifiable extenuating circumstances apply. Determination of the applicability and validity of said extenuating circumstances shall be at the determination solely under the discretion of the Executive Director/Board Administrator and shall not be appealable. Non-attendance at an examination does not count as a failure of the examination. However, non-attendance at an examination session without previously providing the Board’s Executive Director/Board Administrator 24 hours in advance of the examination with a reason acceptable to the Director/Board Administrator will result in the assessment of no-show fee and forfeiture of all examination fees.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.8 Examination Results Examination results will be supplied by first class mail to the address of record of each examinee

An applicant who fails any examination may be allowed to sit for future offerings of the examination until it is successfully passed subject to the timely payment of examination and proctoring fees associated with same as required. However the Board reserves the right to require the applicant to show that additional education and/or experience has been acquired prior to being cited to sit for an examination.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.9 Grading Information All grading is done by the National Association of State Boards of Geology (ASBOG ® )

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.10 Page 31

Examination for Record Purposes (Grandfathered RPGs and GITs) If needed for record purposes, any person registered or enrolled under the terms of the grandfathering provision by this Board may take the appropriate examination in the Fundamentals of Geology and/or Practice of Geology upon payment of the established fees. Failure to pass an examination by a person registered or enrolled under the terms and conditions of the grandfathering provision and practicing will in no way affect his/her current registration or enrollment contingent on the requirement contained in 9.1, 9.2, 9.3, and 9.4 of Chapter 9.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.11 Rule 8.11

Retention of Examinations Exam scores will be retained for a minimum period of ten (10) years after exams have been taken.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.12 Rule 8.12

Expiration of Enrollment Enrollment as Geologist-In-Training is valid for a period of ten (10) years or until registration as a professional geologist, whichever comes first. If a Geologist-In-Training does not take or takes and does not pass the Practice of Geology examination, within ten (10) years from the date enrollment was granted, said Geologist In Training’s enrollment will permanently expire. Enrollment can only be re-established with said person re-applying with the Board as Geologist In Training by submitting a new application that shall include all other required application materials and fees. The applicant, pursuant to the preceding sentence, must also re-take and successfully pass the Fundamentals of Geology examination prior to being considered by the Board for re-enrollment as a Geologist-In-Training.

Applications received for the Practice of Geology examination after the ten (10) year expiration date noted above will be returned and the Fundamental examination will have to be taken and successfully passed again per the preceding.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

30 Miss. Admin. Code Pt. 1101, R. 8.13 Rule 8.13

Handicapped Examinees Requests for modifications to the examination administration to accommodate physical handicaps must be made in writing and received in the Board Office no less than 90 days prior to the first day of the examination. Such a request must be accompanied by a physician’s report and/or a report by a diagnostic specialist, along with supporting data, confirming to the Board’s satisfaction, the nature and extent of the handicap. After receipt of the request from the applicant, the Board may require that the applicant supply further information and/or that the applicant appear personally before the Board.

It shall be the responsibility of the applicant to timely supply all further information as the Board may require. The Board shall determine what, if any, modifications will be made.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31

Chapter 9 Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment

30 Miss. Admin. Code Pt. 1101, R. 9.1 Page 32

Application for Reinstatement Any person whose registration or enrollment has been revoked may not apply to the Board for reinstatement of the registration or enrollment until two years have elapsed since the final, effective date of revocation, except a person convicted of a crime of moral turpitude in which case five years shall have elapsed since the final effective date of revocation and the person’s civil rights shall have been restored. In the application for reinstatement, the application should state why the registration or enrollment should be reinstated. Applicant must include in the application evidence that the current requirements for registration or enrollment have been met and that the applicant is in good standing with the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35

30 Miss. Admin. Code Pt. 1101, R. 9.2 Rule 9.2

Board Action Upon receipt of such application, the Board shall grant a hearing on reinstatement, at which time the applicant may appeal to the Board for reinstatement of the registration or enrollment.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35

30 Miss. Admin. Code Pt. 1101, R. 9.3 Rule 9.3

Reinstatement of Lapsed Annual Registration Any person whose registration has not been renewed by the payment of the required fees prior to the end of the current renewal year ending at midnight of December 31 shall be required to submit a new application along with all other required and relevant information and provide proof that s/he has successfully passed the ASBOG ® Practice of Geology examination prior to being considered for reinstatement as a RPG.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35

30 Miss. Admin. Code Pt. 1101, R. 9.4 Rule 9.4

Reinstatement of Lapsed Annual Enrollment Any person whose enrollment has not been renewed by the payment of the required fees prior to the end of the current renewal year ending at midnight of December 31 shall be required to submit a new application along with all other required and relevant information and re-take and successfully pass the ASBOG ® Fundamentals of Geology examination prior to being considered for reinstatement as a GIT.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35

Chapter 10 Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements

30 Miss. Admin. Code Pt. 1101, R. 10.1 Basic sealing practices

A. The seal, signature and date on a document constitute a certification that the document was prepared by the registrant or under his direct supervision.

1. Each sheet of maps, cross sections, drawings, descriptions, charts, graphs, and reports of geologic practice shall be signed, sealed and dated by the registrant preparing them, prepared under his direct supervisory control, or reviewed by him in sufficient depth to fully coordinate and assume responsibility for documents prepared by another registered professional geologist.

2. Where more than one sheet is bound together in one volume, the registrant who prepared such volume, or under whose direction and control such volume was prepared, may sign, seal and date only the title or index sheet, providing that the signed sheet clearly identifies all of the other sheets comprising the bound volume, and provided that any of the other sheets which were prepared by, or under the direction and control of, another registrant, be signed and/or sealed and dated by said other registrant. Additions, deletions or other revisions shall be made only if they are signed, sealed and dated by the registrant who made the revisions or under whose direction and control said revisions were made.

B. Pursuant and subject to the Registered Professional Geologist Practice Act §73- 63-1 et seq. (Mississippi Code, Annotated 1972) work products are required to be sealed/stamped and signed.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

30 Miss. Admin. Code Pt. 1101, R. 10.2 Rule 10.2

Geologic Studies/Projects Documents prepared for geologic studies and/or projects that are assimilated by another geologist shall be sealed by a Mississippi registrant under the following conditions:

A. Written permission of the original geologist must be obtained to adapt the documents.

1. Each sheet of maps, cross sections, drawings, descriptions, charts, graphs, and reports of geologic practice shall be signed, sealed and dated by the geologist who performed the original work and shall also be signed, sealed and dated by the Mississippi registrant who has reviewed the documents in sufficient depth to fully coordinate and assume responsibility.

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2. Documentation of all changes which were made to the original documents must be included.

3. The following written certification shall accompany the seal and signature on each sheet: “I have reviewed this document in sufficient depth to accept full responsibility for its contents.”

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

30 Miss. Admin. Code Pt. 1101, R. 10.3 Detailed, Specific Instructions concerning Maps, Illustrations, and Similar Products:

A. Registrant’s typeset name should be immediately followed by a comma, one blank space, and the designation “RPG” with no periods.

B. The seal(s) of registrant(s) is (are) to appear on all maps etc. (jpg or similar digital format) located near the typeset name of the registrant.

C. Maps which have been previously produced and whose stock is, from time to time, replenished from the original digital versions should be updated with the information contained in 1) and 2).

D. If the author(s) is (are) not registrants then the name of the registrant who supervised and assumes responsibility for that work should be typeset in the same font size and in the general vicinity of the typeset name(s) of the author(s) of the map, illustration, etc. Information related to this entry should, in the same font, include the following: “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” (see Rule 10.0 of the Board and Board Guidance Document 2000-02) followed by the registrant’s name, a comma, one blank space, and the designation RPG with no periods along with their seal in close proximity to the registrant’s name.

As noted above, if the author(s) is (are) not a registrant(s) but is (are) a Geologist- In-Training (GIT) with the MSBRPG it is suggested that immediately following the GIT’s name a comma, one blank space, and then the designation GIT with no periods be printed.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

30 Miss. Admin. Code Pt. 1101, R. 10.4 Reports, Bulletins, and Other Similar Products

A. Title page - Author(s) [registrant(s)] should have their typeset name followed by a comma, one blank space, and the designation RPG without periods.

B. Seal of the registrant to appear near their name (jpg or similar digital format) provided that the typesetting space allows room for same.

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C. If the author(s) is (are) not registrants then the name of the registrant who supervised and assumes responsibility for that work should be typeset in the same font size and in the general vicinity of the typeset name(s) of the author(s) of the map, illustration, etc. Information related to this entry should, in the same font, include the following: “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” (also see Board Guidance Document 2000-02) followed by the registrant’s name, a comma, one blank space, and the designation RPG with no periods along with their seal in close proximity to the registrant’s name. As noted above, if the author(s) is (are) not a registrant(s) but is (are) a Geologist In Training (GIT) with the MSBRPG it is suggested that immediately following the GIT’s name a comma, one blank space, and then the designation GIT with no periods be printed.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

30 Miss. Admin. Code Pt. 1101, R. 10.5 Additional Guidelines for Pamphlets, Maps, Illustrations, Articles, etc

A. If the document is a pamphlet, open file report, etc. that contains maps, illustrations, cross-sections, etc. which are bound with the text, it is not required that each of those documents follow the protocol set forth under Maps, Illustrations, and Similar Products section of these guidelines provided that the title page and ensuing page, if required, contain the required RPG statement “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” registrant’s name, a comma, and the designation RPG (also see Board Guidance Document 2000-02). If possible, however, it is suggested that the same protocol be followed as if these were individual, unbound maps per the guidelines noted in Maps, Illustrations, and Similar Products section of these guidelines, space permitting.

B. If the maps, cross-sections, and/or similar documents are contained within a pocket of the report (not bound to the text of the document), it is suggested that each map, illustration, X-section, etc. follow the protocol contained in the Maps, Illustrations, and Similar Products section of these guidelines.

C. Pursuant to Board Guidance Document 2000-02 which addresses issues related to open file reports or other similar documents which are produced in limited numbers, it is recommended that documents be signed and sealed/stamped individually if the number of copies are limited (25 or less copies is a suggested number). Reports reproduced in large numbers may carry with the report a certifications page containing the signature (if appropriate to that document), date and seal of the geologist in charge, as well as the statement (if appropriate) contained in Rule 10.2, as follows: “I have reviewed this document in sufficient depth to accept full responsibility for its contents.”

When the preceding conditions exist it is suggested that a uniformly placed stamp of the registrant be placed under which the next line including the statement “I

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have reviewed this document in sufficient depth to accept full responsibility for its contents,” next a typeset line for the signature of the registrant and underlying that line is the typewritten name of the registrant, and the next line is the typeset date similar to the following examples (see next page).

I have reviewed this document in sufficient depth to accept full responsibility for its contents John B. Doe John B. Doe, RPG April 15, 2004

OR

John B. Doe John B. Doe, RPG April 15, 2004

D. Requirements for Supervisory RPGs in Responsible Charge, GITs, and nonregistrants: In addition to the preceding guidelines, the following shall serve as additional guidance by the Board concerning stamping/sealing and signing geologic materials. In lieu of the language “...I have reviewed this document in sufficient depth to accept full responsibility for its contents...,” the following language may be alternately utilized

1. “This report prepared under the supervision (and control) of John Q. Smith, RPG”

2. “This map prepared under the supervision (and control) of John Q. Smith, RPG.” Also, if the RPG in responsible charge wishes to acknowledge contributions from others that are either GITs and/or non-registrants, the

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following are examples of language that should be used in those acknowledgments:

3. “This map prepared under the supervision (and control) of John Q. Smith, RPG with contributions from Frank Q. Public, GIT No. 1234 and Jill S. McCarthy”

4. “This map prepared under the supervision (and control) of John Q. Smith, RPG. Compiled by Frank Q. Public, GIT No. 1234 and Jill S. McCarthy”

Note: Parenthetical language in items 1) through 4), although recommended by the Board, is left to the discretion of the supervisory RPG who will be stamping and signing the material(s). Also in the examples above, if a person is not a RPG or GIT with this Board, they may use their job classification or other valid, title certification, provided it is not in violation of the RPG Act, i.e. Compiled by Frank Q. Public, GIT 1234 and Jill McCarthy, Environmental Scientist.

E. Reports compiled by several authors: A certification page should be included for reports submitted to a client and/or regulatory agency that have been compiled by several authors. Individual authors of the overall report on the certification page are to submit his/her credentials. In the instance where there is a certification page, it is suggested that the registered professional geologist submit on the subject certification page the following statement and layout:

“I have reviewed this document in sufficient depth to accept full responsibility for its contents related to the geologic discussion/data/information contained herein.”

John B. Doe

John B. Doe, RPG April 15, 2004

If the report does not include a certification page it is further suggested that the registered professional geologist include one, again with the following statement in addition to his/her stamp/seal and signature (see next page):

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John B. Doe

“I have reviewed this document in sufficient depth to accept full responsibility for its contents related to the geologic discussion/data/information contained herein.”

John B. Doe, RPG April 15, 2004

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

Chapter 11 Use of the Terms Geologist, Registered Professional Geologist, and Certified Professional Geologist

30 Miss. Admin. Code Pt. 1101, R. 11.1 Rule 11.1

Restrictions A person shall not use the terms “Registered Professional Geologist,” “Consulting Geologist,” “Professional Geologist,” “Licensed Geologist,” or “Geologist” with or without any other permutation of prefixes or suffixes to the term geologist unless that person is registered or specifically exempted under §73-63-1 et seq. (Mississippi Code, 1972, as Annotated). Unless exempted under ‘§73-63-1 et seq. (Mississippi Code, 1972 as Annotated), any individual practicing, offering or attempting to practice geology or claiming any specialty in geology, as a professional, business or commercial identification, title, name, representation or claim, or otherwise holding themselves out to the public, as being qualified to practice geology or any of its specialties shall be registered with the Board.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7

30 Miss. Admin. Code Pt. 1101, R. 11.2 Requirements of Supervisory Control Unless exempted under §73-63-1 et seq

(Mississippi Code, 1972 as Annotated), no person shall engage in the practice of geology unless the geological work is performed by or under the supervision of one or more registered professional geologists, who is in responsible charge of the work and signs and seals all documents. If the principal business of the person is the practice of geology then a principal, officer or director must be a registered professional geologist and have overall supervision and control of the geological work performed in this state.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7

30 Miss. Admin. Code Pt. 1101, R. 11.3 Activities Not Requiring Registration

A. Geological work performed by an employee or a subordinate of a registered professional geologist, provided that the work nor the work related products do not state, portray or infer by any manner or suggestion whatsoever that the employee or subordinate is in responsible charge of the geology or geologic work. Any such geological work and/or work products must be conspicuously signed and sealed by the supervising registered professional geologist of that employee or subordinate.

B. Geological work performed exclusively in the exploration for and development (proving out) of petroleum resources (See Definitions), including the giving of testimony, or preparation and presentation of exhibits or documents regarding petroleum resources for the sole purpose of consideration by, or being placed into evidence before, any administrative agency, judicial tribunal or public hearing, if the testimony, exhibits or documents do not imply that the person is registered under this chapter;

C. The practice of engineering, including the acquisition of engineering data and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered in this state;

D. Work customarily performed by physical or natural scientists such as chemists, archaeologists, geographers, oceanographers, pedologists and soil scientists, if that work does not include the planning and execution of geologic investigations, being in responsible charge of geologic work or the drawing of geologic conclusions and making recommendations involving the practice of geology; and

E. Geologic work which does not affect the public welfare as specified under §73- 63-7 (3)(d) (Mississippi Code, 1972, as Annotated).

Definitions: Exploration geology of petroleum resources pursuant to these Rules and Regulations and §73-63- 1 et seq. (Mississippi Code, Annotated 1972) shall mean that phase of petroleum operations that utilizes various geoscience activities including but not limited to geophysics, structural geology, stratigraphy, geochemistry and other related geoscience activities that may be used to define potential hydrocarbon accumulations leading to the drilling of an exploratory well (adapted from Schlumberger Glossary of Oilfield Terms, from citation acquired in May, 2011 from Schlumberger’s web site at www.schlumberger.com).

Development geology (proving-out) of petroleum resources pursuant to these Rules and Regulations and §73-63-1 et seq. (Mississippi Code, Annotated 1972) shall mean that phase of petroleum operations that occurs after exploration has proven successful. During this phase, development geologists perform geoscience activities that may entail subsurface mapping methods as well as other associated geoscientific methods to further delineate the areal extent of hydrocarbon accumulation. These geoscience activities may lead to the drilling of development

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wells to efficiently extract the petroleum resources contained in the hydrocarbon accumulation (adapted from Schlumberger Glossary of Oilfield Terms, citation acquired in May, 2011 from Schlumberger’s web site at www.schlumberger.com).

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-7

Chapter 12 Disciplinary Actions

30 Miss. Admin. Code Pt. 1101, R. 12.1 Rule 12.1

Complaints For the purposes of this rule, “complaints” refers to any sworn allegation brought to the Board against a registrant or other person relating to a violation of the Law or the Rules and Regulations.

Any person who believes that a registrant or any other person is guilty of misconduct under the Law or the Rules and Regulations must complete the MSBRPG complaint form that is available from the Board or from its web site (www.msbrpg.state.ms.us).

Following the receipt of such complaint, the Board shall proceed to investigate.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.2 Rule 12.2

Investigative Procedures Upon the receipt of complaints, the Executive Director/Board Administrator shall refer them to a designated Board member. The designated Board member shall be selected on a rotating basis. If any Board member selected as a designated Board member can show reasonable cause that he or she should not be the designated Board member, or if the Executive Director/Board Administrator makes a determination that the Board member’s objectivity is subject to a reasonable charge of being impaired, then such complaint or information shall be referred to the Board member next in line of rotation.

The Investigative Committee shall consist of the designated Board member, the Executive Director/Board Administrator, and the Board’s legal counsel. The designated Board member shall institute an investigation of the complaint and, after consultation with the Executive Director/Board Administrator or Board’s designee and the Board’s attorney; the Investigative Committee shall determine the disposition of the complaint.

The Investigative Committee shall then:

A. remand the matter to the file for no further action;

B. issue a letter of concern to the appropriate individuals(s);

C. recommend the filing of a formal petition to initiate a disciplinary hearing;

or

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D. seek appropriate legal action to safeguard the health, safety and welfare of the public.

Letters of concern are issued to address matters the Investigative Committee feels should be brought to the attention of a registrant and/or other individual, but do not rise to the level of severity that necessitates the filing of a formal petition.

Registrants and/or other individuals will be given an opportunity to explain and/or respond to the letter of concern from the Investigative Committee; and, if warranted, a final follow-up letter from the Investigative Committee may be issued.

Repeated letters of concern which address the same or substantially the same subject matters with regard to particular registrants and/or other individuals may result in the filing of a formal petition.

Neither the designated Board member nor any Board member disqualified in the process of selecting the designated Board member shall sit as a voting member of the Board in any disciplinary hearing resulting from that investigation.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.3 Disciplinary Proceedings

A. Petitions and Notice of Hearing - For the purposes of this rule, "petition" refers to the formal documents issued by the Board to initiate a disciplinary hearing. The petition is based on prior investigation of charges or information and shall set forth a statement of the charges against the accused.

For the purposes of this rule, "notice of hearing" refers to the document accompanying the petition which notices the respondent to appear and sets forth the time and place of the hearing. The notice and together with a copy of the applicable Law and Rules and Regulations shall be served on the respondent in the manner and time required by law. Section 73-63-43, et seq., of the Mississippi Code of 1972, as amended.

B. Consent Orders - If after receipt of a petition and prior to the disciplinary hearing an accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

C. Informal Conferences - The respondent may request an informal conference at the Board office or via a telephone conference or similar electronic means with the investigative committee for the purpose of showing that the allegation(s) contained in the petition is (are) not true. The investigative committee will be

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composed of the designated Board member, a Board designee or Executive Director/Board Administrator, the Board attorney, and appropriate staff personnel; however, the absence of the designated Board member or the Board’s designee or Executive Director/Board Administrator or Board attorney shall not invalidate the formation of the committee or the conclusions of the conference. If the respondent desires a conference and the petition cannot thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order as provided in paragraph B.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.4 Rule 12.4

Conflict and Bias A Board member shall not be entitled to participate in any disciplinary action if such Board member is biased against the accused.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.5 Rule 12.5

Respondent May Assert Bias Any accused in a disciplinary proceeding may assert conflict or bias by filing with the Board’s designee or Executive Director/Board Administrator at least three days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with specific details of the underlying factual bias for the assertion. However said accusation of conflict or bias filing shall not defer or delay a scheduled disciplinary hearing.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.6 Rule 12.6

Disqualification Challenges as to bias shall be determined individually by each Board member so challenged, on the record. Challenged Board members who determine that they can be fair and impartial to all concerned may serve. Those who cannot shall rescue themselves.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.7 Pre-Hearing Discovery There shall be no pre-hearing discovery

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.8 Disciplinary Hearings The disciplinary hearing shall be conducted in the manner as provided by law

Section 73-63-43 of the Mississippi Code of 1972, as amended.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.9 Page 43

Discipline Upon a finding that the accused has violated any enumerated provision of Title 73, Chapter 63, or any rule adopted pursuant to Title 73, Chapter 63, the Board may censure; reprimand; admonish; require the completion of a course in ethics and/or additional education as approved by the Board; fine the accused; and/or revoke or suspend the accuser’s registration to practice as a Registered Professional Geologist or enrollment as a Geologist-In-Training, or impose any disciplinary action provided by law.

The Board may, in its discretion, temporarily stay the execution of its order conditioned upon any provision the Board deems just and proper under all the circumstances of each case.

In determining whether a registration or enrollment should be revoked or suspended, and whether execution of the order should be stayed, and upon what conditions, the Board may consider all relevant factors, including, but not limited to, the following:

A. the severity of the violation(s);

B. the actual or possible danger to the public resulting from the accuser’s past and present violation(s);

C. the actual damage resulting from the accuser’s past and present violation(s);

D. the number of past repetitions of the accuser’s present violation(s);

E. the length of time since the occurrence of the accuser’s present violation(s);

F. the number and seriousness of previous violations;

G. the length of time the registrant has practiced;

H. the deterrent effect of the penalty imposed;

I. the effect of the penalty upon the accuser’s livelihood;

J. any efforts of rehabilitation; and

K. any other mitigating or aggravating circumstances.

As provided by §73-63-1 et seq. (Mississippi Code, Annotated 1972) the Board shall notice all parties, at the sole discretion of the Board, that may need to be so noticed. The Board shall further place on its web site all disciplinary actions including the name(s) of the defendant(s) and other pertinent information as deemed appropriate by the Board. These disciplinary action notices shall remain on the Board’s web site for a minimum of five (5) years and shall remain in the permanent record of said individual(s) in perpetuity.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.10 Page 44

Costs The Board may, in its discretion, assess and tax all actual costs incurred in a disciplinary hearing against any accused found guilty hereunder, or the charging party, or both.

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

30 Miss. Admin. Code Pt. 1101, R. 12.11 Rule 12.11

Appeals Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal wherefrom as provided for in §73-63-49 (Mississippi Code, 1972, as Annotated).

History

• Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

Chapter 13 Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG)

30 Miss. Admin. Code Pt. 1101, R. 13.1 Rule 13.1

Purpose The purpose of this rule is to describe the organization of the Mississippi State Board of Registered Professional Geologists (hereafter referred to as MSBRPG) and how the public may obtain information from the Board.

History

• Source: Miss. Code Ann. §25-43-2.104(a); §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 13.2 Rule 13.2

Summary This rule establishes a description of the MSBRPG’S organization which states the general course and method of its operations, including how the public may obtain information or make submissions/requests to the MSBRPG.

History

• Source: Miss. Code Ann. §25-43-2.104(a); §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 13.3 Rule 13.3

the Full Text of the Rule The public may obtain a description of the MSBRPG’S organization from the Rules and Regulations of the MSBRPG currently on file with the Secretary of State. Additionally, the public may access information relevant to the MSBRPG at their website www.msbrpg.state.ms.us or by reviewing §73-63-1 et seq., of the Mississippi Code which may be accessed at www.msbrpg.state.ms.us. The public may also request information including Mississippi Open Records Act requests by contacting the Executive Director/Board Administrator.

History

• Source: Miss. Code Ann. §25-43-2.101 et seq.; §73-63-17(a)

Chapter 14 Informal Proceedings Available to the Public

30 Miss. Admin. Code Pt. 1101, R. 14.1 Purpose The Purpose of this rule is to inform the public of all informal proceedings available to the public

History

• Source: Miss. Code Ann. §25-43-2.104(b); §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 14.2 Rule 14.2

History

• Source: Miss. Code Ann. §25-43-2.104(b); §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 14.3 Summary This rule establishes information on all MSBRPG proceedings

Full Text of the Rule All information as to the rules of practice concerning all formal and informal proceedings is available by reviewing the rules and regulations of the MSBRPG currently on file with the Secretary of State. Further information may be obtained by reviewing the MSBRPG website at www.msbrpg.state.ms.us or by reviewing §73-63-1 et. seq, of the Mississippi Code which may be accessed at www.state.ms.us.

The MSBRPG generally meets biannually at the Jackson Enterprise Center, 931 Highway 80 West, Jackson, MS. Other meetings may be called by the Board as necessary.

History

• Source: Miss. Code Ann. §25-43-1.101 et seq.; §73-63-17(a)

Chapter 15 Requirements for Public Hearings, Rule Making

30 Miss. Admin. Code Pt. 1101, R. 15.1 Rule 15.1

Purpose These sections set forth MSBRPG’s procedures for involving the public in the development of rules through public meetings and/or public hearings as required by Mississippi Code §25-43- 3.104.

History

• Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 15.2 Summary This rule establishes the process through which the MSBRPG will set and, as necessary, conduct public hearings

History

• Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 15.3 Rule 15.3

Full Text of the Rule At the time a Rule is filed with Secretary of State, the Board must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected.

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A public hearing is required if, during the first 20 business days of the rule notice, a written request for a public hearing is received from one of the following:

A. A political subdivision of the State of Mississippi

B. An agency of the State of Mississippi, or

C. 10 persons

If a public hearing is required, the Executive Director/Board Administrator will notify the Board, who will establish the time, date and location for the public hearing and immediately forward the information to the Executive Director/Board Administrator. The Executive Director/Board Administrator shall then:

D. Ensure that the public hearing is not scheduled earlier than 23 business days after filing notice of oral proceeding with SOS.

E. File notice of the time, date, and location of the public hearing with the Secretary of State.

F. Within three (3) days of filing notice with SOS, the Executive Director/Board Administrator must mail or electronically transmit a copy of the notice to those who are on the notification list (their preference); MSBRPG can charge for mail but not electronic transmissions.

History

• Source: Miss. Code Ann. § 25-43-3.104; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 15.4 Rule 15.4

Location of Public Hearings Public hearings shall be held at a place and time generally convenient for persons affected by the rule at the discretion of the Executive Director/Board Administrator.

History

• Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 15.5 Conducting Public Hearings

A. Public Hearings must be open to the public.

B. The Executive Director/Board Administrator will preside at the proceeding and will be responsible for answering all questions regarding the rule.

C. The Executive Director/Board Administrator may issue rules for conduct of oral proceedings.

History

• Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 15.6 Public Availability of Public Hearings/Records

A. A verbatim written transcript of the oral proceedings at each public hearing shall be produced by the Executive Director/Board Administrator and a copy furnished to the Board.

B. This material will be available for public inspection and copying as part of the Rule-Making Record as required by applicable law.

History

• Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

Chapter 16 Declaratory Opinions

30 Miss. Admin. Code Pt. 1101, R. 16.1 Rule 16.1

Purpose These sections set forth the MSBRPG’s procedures regarding the requests for Declaratory Opinions, as required by Mississippi Code §25-43-2.103.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.2 General Declaratory Opinions will be prepared by the Executive Director/Board Administrator

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.3 Rule 16.3

Persons Who May Request Declaratory Opinions Any person with a substantial interest in the subject matter may request the MSBRPG for a declaratory opinion by following the specified procedures.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.4 Subjects Which May Be Addressed In Declaratory Opinions

A. The MSBRPG will issue declaratory opinions regarding the applicability to specified facts of: a statute administered or enforceable by the MSBRPG, a rule promulgated by the MSBRPG, or an order issued by the MSBRPG.

B. The MSBRPG will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the MSBRPG.

C. “Primary jurisdiction of the agency” means:

1. The agency has a constitutional grant of authority in the subject matter,

2. The agency has a statutory grant of authority in the subject matter,

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3. The agency has issued specific regulations impacting on the subject matter, or

4. The agency has issued a specific order or orders impacting on the subject matter.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.5 Circumstances in which Declaratory Opinions Will Not Be Issued

A. The MSBRPG may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

1. The matter is outside the jurisdiction of the MSBRPG;

2. Lack of clarity concerning the question presented;

3. There is pending or anticipated litigation, administrative action, or other adjudication;

4. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

5. The facts presented in the request are not sufficient to answer the question presented;

6. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

7. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statue or order on which a declaratory opinion is sought;

8. No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order;

9. The question presented by the request concerns the legal or constitutional validity of a statute, rule or order;

10. The requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order;

11. No clear answer is determinable;

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13. The question presented by the request involves the application of a criminal statute or sets for facts which may constitute a crime;

14. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

15. The question is currently the subject of an Attorney General’s opinion request;

16. The question has been answered by an Attorney General’s opinion;

17. The request is not made in good faith; or

18. The request is harassing in nature or for any other unlawful purposes.

B. A declaratory opinion will not be issued where a similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

C. A declaratory opinion will not be issued if it may adversely affect the interests of the State, the MSBRPG or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise.

D. A declaratory opinion shall not be binding or effective for any third party or person other than the MSBRPG and the person to whom the opinion is issued and shall not be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

E. Where a request for a declaratory opinion involves a question of law, the MSBRPG may refer the matter to the State Attorney General.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.6 Form of the Request for a Declaratory Opinion

A. Written Requests Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the MSBRPG or in the form of a pleading as might be addressed to a court.

B. Where to Send Request. All requests must be mailed or delivered to the MSBRPG. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable.

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C. Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal.

D. Single transaction. A request must be limited to a single transaction or occurrence.

E. Question Presented. Each request shall contain the following:

1. A clear identification of the statute, rule, or order at issue;

2. A concise statement of the issue or question presented for the declaratory opinion;

3. A full, complete, and accurate statement of all facts relevant to a resolution of the question presented;

4. The identify of all other known persons involved in or potentially or otherwise impacted by the factual situation causing the request including their relationship to the facts, name, mailing address and telephone number;

5. A statement sufficient to show that the person seeking relief is substantially affected by the rule.

F. The terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the agency;

G. Memorandum of Authorities. A request may contain an argument by the requestor in support terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position of the requestor. The agency may request that argument and memorandum of authorities be submitted by any interested party.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.7 Time for MSBRPG’s Response

A. MSBRPG’s Response. Within forty-five (45) days after the receipt of a request for declaratory opinion which complies with the requirements of these rules, the MSBRPG shall in writing:

1. Issue an opinion declaring the applicability of the specified statute, rule or order to the specified circumstances;

2. Decline to issue a declaratory opinion, stating the reasons for its action;

or

3. Agree to issue a declaratory opinion or a written statement declining to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request.

B. When Period Begins to Run. The forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the MSBRPG.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.8 Procedure after Request for Declaratory Opinion Received Opinion Not Final for Sixty Days

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the MSBRPG may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.9 Hearings at the Discretion of the MSBRPG

A. Provision for Hearing. If the MSBRPG in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for declaratory opinion, the MSBRPG may schedule such hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail 7 calendar days prior to the hearing shall be deemed appropriate.

B. Proceedings at the Hearing. The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the MSBRPG.

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C. Persons Appearing at the Hearing. The MSBRPG shall allow the requestor to participate in any hearing. The MSBRPG may allow any other persons or entities to participate in the hearing.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.10 Rule 16.10

Public Availability of Requests and Declaratory Opinions The Executive Director/Board Administrator will make declaratory opinions and requests for declaratory opinions available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is exempted from disclosure under the Mississippi Public Records Act or is otherwise confidential by law shall be exempt from this requirement.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 16.11 Process for Issuing Declaratory Opinions

A. Once the Executive Director/Board Administrator has received the request, s/he will review the request for validity and prepare a response according to the guidelines listed in this Rule.

B. The Executive Director/Board Administrator will then forward the request and opinion to the Board’s Attorney for review.

C. If there are problems with the opinion, the Executive Director/Board Administrator will be notified by the Attorney and the problems corrected.

D. Once the Attorney approves the opinion, he will then forward the request and opinion to the Executive Director/Board Administrator.

E. The Executive Director/Board Administrator will index the opinions by name and subject and make available for public inspection.

F. The Executive Director/Board Administrator will mail the opinion back to the requestor and anyone else who has asked to participate.

History

• Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

Chapter 17 Procedures for Making the MSBRPG Orders Available to the Public

30 Miss. Admin. Code Pt. 1101, R. 17.1 Purpose These sections set forth the procedures for making the MSBRPG Orders available to the public

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as required by Mississippi Code §25-42-2.102.

History

• Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 17.2 Rule 17.2

Summary The Executive Director/Board Administrator shall be responsible for indexing all orders of the Board by name and subject and shall make all orders of the Board available for public inspection and copying in accord with applicable Board Rules. This is subject to any confidentiality provisions established by law.

History

• Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a)

30 Miss. Admin. Code Pt. 1101, R. 17.3 Rule 17.3

Using Board Orders as Precedent The written final order can’t be precedent to the detriment of any person by the MSBRPG until it has been made available for public inspection & indexed.

A. This is inapplicable to any person who has actual timely knowledge of the order

B. The burden of proof is on the MSBRPG

History

• Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a)

STATE BOARD OF MASSAGE THERAPY STATE BOARD OF MASSAGE THERAPY

Part 2501 Misssissippi State Board of Massage Therapy Rules and Regulations

Chapter 1 General Provisions

30 Miss. Admin. Code Pt. 2501, R. 1.1 Statutory Authority

The State Legislature granted Statutory Authority for the Licensing of Professional Massage Therapist in 2001. Section 73-67-1 et seq., of the Mississippi Code of 1972, Annotated provides for the regulation of the practice of massage as well as the use of the title “Licensed Massage Therapist” (LMT) for those who offer massage services to the public for fees. In 2004, authority to regulate Massage Therapy Schools, programs and instructors was granted. Effective July 1, 2008, the authority for the use of the title “Licensed Massage Therapist” was granted.

History

• Source: Miss Code Ann. § 73-67-1, (as amended.

30 Miss. Admin. Code Pt. 2501, R. 1.2 Non-Discrimination

The Mississippi State Board of Massage therapy does not discriminate against any applicant, candidate, or licensee because of race, color, creed, sex, religion, national origin, age, physical handicap, disability, or political affiliation.

History

• Source: Miss Code Ann. § 43-33-723, as amended; § 25-9-103, as amended

30 Miss. Admin. Code Pt. 2501, R. 1.3 Purpose

The purpose of these rules shall be to provide interpretation and application guidelines regarding state law as indicated in Rule 1.1 above and to communicate established procedures and requirements for the following: A. The establishment of a State Board of Massage Therapy; B. The selection of Board members; C. The establishment of rules and procedures for Board meetings; D. Standards and qualifications requisite in the issuance of massage therapy licenses; E. Evaluation of qualifications of individuals applying for licensure of massage therapists; F. Issuance and renewal of licenses to qualified persons; G. Setting fees necessary for administration of the licensing program; H. Establishing criteria for disciplinary actions against licensees; and, I. Establishing criteria for registration of massage therapy establishments.

Rule 1.4. Definitions. A. “Annual Pass Rate” means the ratio of the total number of individuals who passed any Board-approved comprehensive examination to the total number of individuals who sat for a Board-approved comprehensive examination. The Board will periodically establish a protocol for the annual pass rate. B. “Applicant” means one who applies for or requests approval of any application.

C. “Approved Massage Therapy School” means a facility that is licensed by this Board and meets the curriculum and instruction requirements as stated in § 73-67-1 et seq. Miss. Code Ann. (1972) as amended. D. “Board” means the state Board for licensing massage therapists as created by § 73- 67-9, Miss. Code Ann. (1972) as amended. E. “Board-Accepted Hours” means hours of education accepted by the Board to meet requirements of exemption and/or continuing education for pre-act practitioners and is different from “Board approved programs” and/or “Board-approved school hours.” F. “Board Comprehensive Examination” means a comprehensive competency exam approved by MSBMT, including but not limited to: 1. The Massage and Bodywork Licensing Exam (MBLEx) administered by or on behalf of the Federation of State Massage Therapy Board (FSMTB) (effective April 10, 2009). Cost is determined by FSMTB. 2. The National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) administered by or on behalf of the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB) (effective July 1, 2001). Students MUST select Mississippi as the Official Score Report section for automatic reporting to MSBMT. Cost is determined by NCBTMB. 3. The Mississippi Professional Examination I and II (MPE-1 and MPE-2) administered by or on behalf of MSBMT (effective October 1, 2019). 4. Any other state, nationally or internationally accredited examination approved by the Board. 5. Examinations which were previously approved by the Board and discontinued by the administering body: a. The National Examination for State Licensing (NESL), only the NCETMB option, administered by or on behalf of the NCBTMB (effective April 10, 2009 and discontinued after December 31, 2012). b. The Asian Bodywork Therapy Examination (ABTE) administered by or on behalf of the National Certification Board for Acupuncture and Oriental Medicine (NCCAOM) (effective July 1, 2001 and discontinued after December 31, 2012). c. The Mississippi State Pre-Licensure Examination (MSPLE) administered by or on behalf of MSBMT (effective June 30, 2007 and discontinued after December 31, 2012). G. “Classroom Hour” means no less than fifty (50) minutes of any one (1) clock hour during which the student participates in a learning activity under the supervision of a member of the faculty of the school. H. “Completion of Program” means satisfying all of the graduation requirements for the school’s massage therapy program as published in the school catalog and all requirements for students contained in the school’s license from the Board. I. “Comprehensive Pass Rate” means calculated the equivalent of the annual pass rate by combining the two most recent years’ data. J. “CPR / First Aid certification” means a course that includes hands-on skills training and demonstration and which is obtained from a Board-approved organization, including the American Red Cross, the American Heart Association, the American Safety and Health Institute, Emergency Care and Safety Institute, ProTrainings, LLC, ProFirstAid,

Advanced Blended or Classroom, Pacific Medical Training, or another organization on a case-by-case basis. 100% cognitive-only training courses will be accepted, if provided by a Board-approved organization for renewals and first time applicants who previously took the hands-on skills evaluation course. K. “Examination” means the State Board of Massage Therapy approved examinations for licensure. L. “Graduate” means a student who has achieved completion of the program. M. “Learning Objective” means a description of the performance which a learner should be able to exhibit, the conditions in which the performance will take place, and the depth and breadth of the expected performance before the learner is considered competent. These objectives may include and are not limited to cognitive, psychomotor and behavioral learning. N. “License” means a State Board of Massage Therapy approved form of credential indicating that the license holder has met the requirements of the Board for the practice of massage therapy. O. “Massage” means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment). “Therapy” means action aimed at achieving or increasing health and wellness. “Massage therapy” means the profession in which the practitioner applies massage techniques with the intent of positively affecting the health and well- being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools such as electrical hand massagers used adjunctively to the application of hand massage or devices designed as t-bars or knobbies, and (iii) instruct self-care and stress management. “Manual” means by use of hand or body. P. “Massage Establishment” means a place of business where massage is being conducted. Q. “Massage Therapist” means a person who practices massage therapy. R. “Military” means the Armed Forces or Reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve components thereof, the National Guard of any state, the military reserves of any state, or the naval militia of any state. “Military personnel”: refer to Section 33-1-39, Miss. Code Ann. 1972 (as amended). S. “Mississippi State Law Examination” (MSLE) means the comprehensive jurisprudence examination on the Mississippi Professional Massage Therapy Act § 73- 67-1 – 73-67-39 et.seq. and the associated relevant MSBMT Rules and Regulations that is given by the Board or its representative. A score of 70% or higher is required on the MSLE prior to licensure. T.“MSBMT” means the Mississippi State Board of Massage Therapy. See “Board” above. U. “MPMTA” means the “Mississippi Professional Massage Therapy Act”. V. “Osseous Tissue” means bone. W. “Out-of-State Massage Therapy Instructor” means an instructor who is licensed in another jurisdiction and teaching in a Mississippi State Board approved school (see Rule 9.1 and § 73-67-5(1)(a) for specific requirements).

X. “Practitioner” means a licensed massage therapist. Y. “Pre-Act Practitioner” means an individual who has practiced professional massage therapy before January 1, 2001. Z. “Professional” means requiring minimum standards of conduct, ethics and education. AA. “Provisional Permit” means a temporary license approved by the Board when all requirements other than board-approved national or state examinations have been met, not to exceed ninety (90) days. (see Rule 1.4.F “Board Comprehensive Examination” for a list of the Board-approved national or state examinations.) AB. “Temporary Instructor License” means a license issued when emergency need can be demonstrated by a Mississippi licensed massage school. See 9.1.G. AC. “Temporary Practice Permit” means a permit issued by the Board to military-trained, military spouse, military dependent or the universal recognition of occupational licenses pursuant to 73-50-1 and 73-50-2 under certain conditions.

History

• Source: Miss Code Ann. § 73-67-9, as amended § 73-67-15), as amended; § 73-67-17, as amended
• Source: Miss Code Ann. § 73-67-7, as amended ; § 73-67-25, as amended

Chapter 2 Fees

30 Miss. Admin. Code Pt. 2501, R. 2.2 A

Fines and Penalties. The Board shall establish reasonable and customary fines and penalties. Any violation of the Rules and Regulations, or provisions of 73-67-1 through 73-67- 39, shall be punishable by a fine of no less than $25.00 and no more than $100.00 per occurrence unless otherwise set forth by rule or statutory provision. By definition, a violation is the first day that sufficient evidence is received, either in writing or via on-site inspection. Fine schedule for violations (including but not limited to):

1. Working without a License properly displayed $25.00 per occurrence 2. Working without a License for that location $25.00 per occurrence 3. Working without a Code of Ethics properly displayed $25.00 per occurrence 4. Working with an expired Provisional Permit or Temporary Practice Permit $100.00 per occurrence for the first violation; and Up to $500.00 per occurrence for each violation thereafter 5. Working with an expired License $100.00 per occurrence for first violation; and Up to $500.00 per occurrence for each violation thereafter 6. Advertising with a revoked, inactive, retired, suspended or expired Provisional Permit or License or a Temporary Practice Permit $100.00 per occurrence for first violation; and Up to $500.00 per occurrence for each violation thereafter 7. Working without a license: See section 73-67-27(3)(a), (b), (c) Miss. Code Ann. (1972) as amended 8. It shall be the responsibility of a massage therapy establishment to register annually to update required information and verify the current license of any and all persons practicing massage therapy at the location of or on behalf of the establishment. Failure to comply is subject to penalty assessed by the Board of not less than $500.00 and not more than $1000.00 per violation. 9. It shall be the responsibility of the licensee, a massage therapy establishment, a Board approved school, and/or a separate advertising entity to verify and include current license numbers in all advertising, no matter the format. (See section 73-67-29 (7).) Failure to comply is subject to penalty assessed by the Board up to $1000.00 per violation. 10. Failure to comply with any provisions of Rule 7.5 and 73-67-29 is subject to penalty assessed by the Board up to $500.00 per violation. $100 first violation; $250 second violation; $500 third and subsequent violations 11. Failure to comply with any provisions of Rule 7.4.B and 73-67-27 is subject to penalty assessed by the Board up to $500.00 per violation. $100 first violation; $250 second violation; $500 third and subsequent violations 12. Failure of a massage establishment to comply with any provisions of Chapter 11 is subject to penalty assessed by the Board up to $1000.00 per violation. $100 first violation; $500 second violation; $1000 third

and subsequent violations In addition to administrative penalties of the Board, criminal sanctions for violations may be imposed in accordance with § 73-67-27(3)(a), (b), (c) Miss. Code Ann. (1972) as amended.

History

• Source: Miss Code Ann. § 73-67-15 (1) (p), as amended; § 73-67-21 (1), as amended; § 73-67-

30 Miss. Admin. Code Pt. 2501, R. 25 (2), as amended; § 73-67-27, as amended; § 73-67-29, as amended

30 Miss. Admin. Code Pt. 2501, R. 2.2 B

Other Fines and Penalties. Violation 1 st violation 2 nd violation 1. Operating of unlicensed school $ 1000.00 $ 5000.00 2. Operating with an expired school license (unless written extension from the Board) $ 1000.00 $ 5000.00 3. Failure to meet with Board and or submit compliance plan $ 500.00 $ 1000.00 4. Late submission of Renewal Application $ 500.00 $ 1000.00 5. Failure of licensee, massage therapy program, or massage establishment to submit documents to the Board that contain false and/or misleading information $ 500.00 $ 1000.00 6. Failure of licensee, massage therapy program, or massage establishment to allow authorized representatives of the Board to conduct inspections $500.00 $ 1000.00 7. Refusal to make available to representatives of the Board full information as requested $ 1000.00 $ 2500.00 8. Failure to submit any report when due unless otherwise specified $ 250.00 $ 500.00 9. Failure of a massage therapy program to immediately notify the Board of any change in accreditation status, including violations with accrediting Board $ 250.00 $ 500.00 10. Failure to meet all the provisions of school licensure as required by the application and Chapter 8 of these Rules and Regulations $ 500.00 $ 1000.00 11. Provider who advertises approval by the Board when approval has not been granted in writing Up to $ 1000.00 12. Provider who teaches a continuing education program for massage Up to $ 1000.00

therapy renewal credit prior to receiving approval from the Board in writing 13. Returned check fee (relevant only to licensed schools in good standing) $100.00 14. Failure of a massage therapy establishment to register within 30 days of providing services Up to $1000.00

Rule 2.2.C. Licenses or registrations may not be renewed if fines or penalties are outstanding; however, if a payment arrangement has been approved by the Board and the licensee is current under the payment arrangement, then the licensee may renew on-line.

History

• Source: Miss Code Ann. § 73-67-15 (1), as amended; § 73-67-19 (7), as amended
• Source: Miss Code Ann. § 73-67-15 (1) (p), as amended

30 Miss. Admin. Code Pt. 2501, R. 2.3 General Provisions

A. All fees are non-refundable. a. For paper applications, fees shall be paid in full by a cashier’s check or money order made payable to MSBMT (Mississippi State Board of Massage Therapy). Personal checks will be returned. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. b. For online renewals, MasterCard, Visa, Discover and American Express debit/credit cards or eChecks may be accepted. B. No application shall be considered complete unless accompanied by the required fees.

History

• Source: Miss Code Ann. § 73-67-15 (1) (p), as amended

30 Miss. Admin. Code Pt. 2501, R. 2.4 Reapplication Fee

A. The Reapplication Fee is charged when a LMT, who has allowed his/her license to lapse for more than 90 days, expire, retired less than 3 years, or become inactive, or has been suspended or revoked and seeks to return to current status. This fee is always charged in addition to the current license fee.

History

• Source: Miss Code Ann. § 73-67-15 (1) (p), as amended

30 Miss. Admin. Code Pt. 2501, R. 2.5 Directory or Labels of Current Licensed Massage Therapist

A. The State of Mississippi Directory of Licensed Massage Therapists (Directory) is maintained. 1. All licensees who paid the renewal fee on or before their deadline will be included in the Directory as “Active”. 2. All current licensees will be listed in alphabetical order by county of residence.

3. All current licensees who reside outside the State of Mississippi will be listed in alphabetical order by their states of residence. 4. Individuals for whom a renewal fee was not received on or before their expiration will be included in the Directory as “Expired”. 5. Individuals who have an expired, inactive, retired, suspended, or revoked license will be listed according to the category under which they fall. 6. Any individual or organization interested in obtaining a Directory shall submit a written request and the required publication fee. B. Labels of current licensed massage therapists shall be updated annually and made available to CEU providers licensed with the Board and other massage related service at the discretion of the Board, upon written request or upon online request and payment of the required fee. A licensee may request removal of licensee’s email address from such directory. This listing shall contain the licensee’s information. All other information is prohibited from dissemination under the Public Records Act and the Office of the Attorney General Opinion 2014-0002, January 31, 2014. C. Labels shall be made available to Mississippi state agencies upon request at no cost.

History

• Source: Miss Code Ann. § 73-67-15 (1) (r), as amended

Chapter 3 Organization

30 Miss. Admin. Code Pt. 2501, R. 3.1 Mississippi State Board of Massage Therapist

A. Composition and Appointment 1. The Board shall consist of five (5) members appointed by the Governor, with advice and consent of the Senate. 2. At least three (3) members shall be appointed from a list submitted by State representatives of one or more nationally recognized professional massage therapy association(s), all of whom must be residents of Mississippi and must have engaged in the practice of massage therapy within the State for at least three (3) years. 3. One (1) member shall be a registered health professional in a health field other than massage therapy and one (1) member shall be a consumer at large who is not associated with or financially interested in the practice or business of massage therapy. 4. Initial appointments to the Board will be for staggered terms. All subsequent appointments to the Board shall be appointed by the Governor for the terms of four (4) years from the expiration date of the previous term. No person shall be appointed for more than two (2) consecutive terms. By approval of the majority of the Board, the service of a member may be extended at the completion of a four-year term until a new member is appointed or the current member is reappointed. 5. Board members shall receive the per diem authorized under Section 25-3-69 of the Miss. Code Ann. (1972) as amended for each day actually discharging his official duties, and shall receive reimbursement for mileage and necessary expense incurred, as provided in Section 25-3-41 of the Miss. Code Ann. (1972) as amended.

6. No Board member shall be associated with or have financial interest in a school of massage therapy in the State of Mississippi. No member of the Board may be an owner or partner of a massage therapy school. Nothing in these rules shall prohibit a Board member from being an instructor in a school of massage therapy provided they are licensed as an instructor with this Board. B. Oath, Officer Elections and Exemption from Civil Liability 1. The Board shall elect one (1) of the appointed massage therapists as the chairman 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. 3. A Chair, Vice-Chair, and Secretary/Treasurer shall be chosen by the Board from among its members in January of even numbered years. 4. Board members shall be immune from civil liability pertaining to any legal functions involving the carrying out of the activities and responsibilities of the Board.

History

• Source: Miss Code Ann. § 73-67-9, as amended

30 Miss. Admin. Code Pt. 2501, R. 3.2 Board Operations

A. The Board shall: 1. Adopt an official seal and keep a record of its proceedings, persons licensed as massage therapists, and a record of the licenses that have been revoked or suspended; 2. Keep on file all appropriate records pertaining to each license; 3. 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 therapist in this state as uniformly stipulated by the Board; 4. Evaluate the qualifications of applicants for licensure under this act, and advise applicants as to the acceptance or denial of licensure with any reasons for denial within forty-five (45) days; 5. Issue licenses to applicants who meet the requirements of the Board; 6. Inspect, or have inspected, when required, the business premises of any licensed massage therapist during their operating hours, so long as such inspection does not infringe on the reasonable privacy of any therapists’ clients; 7. Establish minimum training and educational standards for obtaining a license, provided that requirements do not decrease; 8. Establish a procedure for approval of educational standards; 9. Investigate persons suspected of engaging in practices which may violate provisions of the law, rules and regulations governing massage therapists; 10. Revoke, suspend or deny a license in accordance with the provisions of the law, rules and regulations governing massage therapists; 11. Adopt an annual budget; 12. Establish policies with respect to continuing education; 13. Adopt rules:

a. Specifying standards and procedures for issuance of provisional license and provisional permit; b. Specifying license procedures for practitioners desiring to be licensed in this state who hold an active license or credentials from another state Board; c. The Board shall prescribe renewal procedures, requirements, dates and fees for massage therapy licenses issued by the Board and shall include provisions for inactive, retired, and lapsed licenses; d. Make available all forms necessary for carrying out all provisions of this act and any and all necessary business of the Board; e. Establish written duties of the executive director; f. Establish a set of reasonable and customary fines and penalties for violations of this act, 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 licensed; g. Establish, amend or repeal any rules or regulations necessary to carry out the purposes of the law, rules and regulations governing massage therapists. Affected practitioners shall be sent relevant changes no less than once per license renewal; h. The Board shall maintain a current register listing the name of every massage therapist licensed to practice in this state, his/her last known place of business and the last known place of residence, and the date and number of his/her license. B. The Board will hold at least four (4) regular meetings each year. Additional meetings may be called by the Chair of the Board or at the written request of a majority of the Board. C. Meeting dates, times, and locations are published in the Board’s minutes. D. An organizational meeting shall be held in January of even numbered years for the purpose of electing officers. E. All meetings of the Board are open to the public, and citizens are encouraged to attend meetings. The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Record Act of 1983 (Open Records Act). It is not intended that these procedures shall apply to any public record or other document, which is exempt from the provisions of said Act or not covered by the provisions of the Open Records Act. 1. Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the board should make a written request, signed by themselves to be mailed to the Executive Director, Mississippi State Board of Massage Therapy, Post Office Box 20, Morton, MS 39117. 2. The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include, if possible, a description of the type of record, dates, title of a publication, and other information which may aid in locating the record.

3. The written request must specify what the applicant proposes to do with the record, i.e., inspect, copy, etc. state the date and time for the proposed activity; state the number of persons scheduled to participate; and shall provide the name, address, and home and office telephone number of the applicant. 4. The Executive Director, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or access to records or deny access to or production of the records sought within seven (7) working days from the date of the receipt of the request for the production of the record. If the Board is unable to produce a public record by the seventh working day after the request is made, the Board will provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven-day period. Unless there is a mutual agreement of the parties, in no event shall the date for the Board’s production of the request records be any later than fourteen (14) working days from the receipt of the original request. 5. All inspection, copying or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Executive Director by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted. 6. Where possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld. 7. If the Executive Director determines that the records requested are exempt or privileged under the law, she shall deny the request and shall send the person making the request a statement of the specific exemption relied upon by the Board for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. This file shall be made available for inspection or copying or both during regular office hours to any person upon written request. 8. The Executive Director is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping and/or duplicating records and to require payment in advance of such estimated charges prior to complying with the request. There shall be a charge of $0.50 per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event the actual cost of such activity exceeds the estimate, the Executive Director is authorized to

withhold mailing or delivery of said documents or to delay the inspection until the difference is paid. 9. There shall be no charge for inspection of the current Board’s records maintained at the Board office. Cost of obtaining records from any state storage facilities and the search for it shall be charged to the applicant. 10. The Executive Director may waive any or all of the foregoing requirements related to written notice, time, and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest. F. Information regarding the Board’s activities, submissions to the Board, and requests of the Board should be made in writing to the Board. G. Individuals who wish to be included on the Board’s agenda must submit a written request to the Board on the Agenda Request form provided by the Board. The Board must receive this request at least ten (10) working days prior to the regularly scheduled Board meeting. H. The board will review only complete applications for licensure. Incomplete applications will be returned to the applicant. I. The Board may deny initial application for licensure or license renewal for the following reasons, including, but not limited to: 1. Failure to meet all requirements for licensure; 2. Failure to pay required fees; 3. Conviction of a felony other than a violation of federal or State tax laws; 4. Unacceptable or unlicensed practice of the applicant; 5. Violation of the ethical code; 6. Declaration of mental incompetence by the court.

History

• Source: Miss Code Ann. § 73-67-15 (1), as amended; § 73-67-9, as amended ; § 75-67-25 (2), as amended

30 Miss. Admin. Code Pt. 2501, R. 3.3 Open Meetings Law

The Mississippi State Board of Massage Therapy shall adhere to the Open Meetings Law, Section 25-41-3, Miss Code Ann. (1972) as amended.

History

• Source: Miss Code Ann. § 25-41-3.101, as amended

30 Miss. Admin. Code Pt. 2501, R. 3.4 Oral Proceeding

This rule applies to all oral proceedings held for the purposes of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to Rule 3.4. A. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. B. Each request must be printed, typewritten, or legibly handwritten. Each request must be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

C. The date, time, and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. D. The Chairman or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. E. Public Presentations and Participation 1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. 2. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one (1) business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer, in his or her discretion may allow individuals to participate that have not previously contacted the Board. 3. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. 4. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. 5. Persons making oral presentations are encouraged to avoid restating matters that have already been stated or matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceedings. 6. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires. F. Conduct of Oral Proceeding 1. Presiding Officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceedings. The presiding officer shall: a. call the proceeding to order; b. give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; c. call on those individuals who have contacted the Board about speaking on or against the proposed rule; d. allow for rebuttal statements following all participant’s comments; e. adjourn the proceeding. 2. Questions. The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of

participants by other participants about any matters relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding, but no participant shall be required to answer any questions. 3. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure. 4. Recording. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss Code Ann. § 25-43-2.105, as amended

30 Miss. Admin. Code Pt. 2501, R. 3.5 Declaratory Opinions

These rules set forth the Mississippi State Board of Massage Therapy hereinafter “Board”, rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests as required by Mississippi Code 25- 43-2.103. These rules are intended to supplement and to be read in conjunction with the provisions of the Mississippi Administrative Procedure Law, which contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedure Law, the latter shall govern: A. Any person with a substantial interest in the matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group, or other entity that is directly affected by the Board’s administration of the law within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue. B. The Board will issue a declaratory opinion regarding the applicability to specified facts of: 1. a statute administered or enforceable by the Board, or 2. a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency. C. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. lack of clarity; 2. there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make and answer unnecessary; 3. the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; 4. the facts presented in the request are not sufficient to answer the question presented; 5. the request fails to contain information by these rules or the requestor failed to follow the procedure set forth in these rules;

6. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statutes or rule on which a declaratory opinion is sought; 7. no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule; 8. the question presented by the request concerns the legal validity of a statute or rule; 9. the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct; 10. clear answer is determinable; 11. the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime; 12. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; 13. the question is currently the subject of an Attorney General’s opinion request which has been answered by an Attorney General’s opinion; 14. a similar request is pending before this Board or any agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; 15. where issuance of a declaratory opinion may adversely affect the interest of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; 16. the question involves eligibility for a license, permit, certificate, or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined. D. Each request must be printed or typewritten, or legibly handwritten. Each request must be submitted on standard business letter-sized paper (8-1/2 inches by 11 inches). Request may be in the form of a letter addressed to the Board. E. All requests must be mailed, delivered, or transmitted via facsimile to the Board. The request shall clearly state that it is a request for a declaratory opinion. No oral telephone requests or e-mail requests will be accepted. F. Each request must include the full name, telephone number, and, mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal. G. Each request shall contain the following: 1. a clear and concise statement of all facts on which the opinion is requested; 2. a citation to the statute or rule at issue; 3. the question(s) sought to be answered in the opinion, stated clearly; 4. a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

7. the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address, and telephone number; and 6. a statement to show that the person seeking the opinion has a substantial interest in the subject matter. H. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: 1. issue a declaratory opinion regarding the specific statute or rule as applied to the specific circumstances; 2. decline to issue a declaratory opinion, stating the reason for its action; or 3. agree to issue a declaratory opinion by a specific time but not later than ninety (90) days after receipt of the written request. The forty-five (45) day period shall begin on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner. I. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error. J. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies or other entities other than the requestor. K. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and request shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from the requirements and shall remain confidential. L. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss Code Ann. § 25-43-2.105, as amended

Chapter 4 Licensing Requirements

30 Miss. Admin. Code Pt. 2501, R. 4.1 General Requirements

A. No person shall practice massage for compensation in the State of Mississippi except as provided by state statute and these regulations. B. An applicant must be eighteen (18) years of age, or older, on the date the application is submitted.

C. An applicant must provide proof of high school graduate equivalency. D. An applicant must be of legal status not only to receive a license, but also to work in the State of Mississippi with such license. E. All required fees for initial licensure must be submitted by the applicant with a cashier’s check or money order. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. F. Any and all requirements regarding good moral character and competency, as provided for in accepted codes of ethics shall be met. The burden of demonstrating that the applicant possesses the good moral character required for licensure shall rest with the applicant. Effective July 1, 2013, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-67-27. 1. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. 2. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency. 3. The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. 4. The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant. 5. "Good Moral Character" is a pattern of behavior conforming to the profession's ethical standards and behavior that indicates honesty and truthfulness, integrity, respect among the community for lawful behavior, respect for the rights of others, and obedience to the lawful directives of public offices or officials or persons charged with the enforcement of the law and showing an absence of moral turpitude. Persons with a conviction (misdemeanor or felony) related to prostitution, public indecency or sexual imposition have demonstrated an absence

of good moral character and will not be granted a license to practice massage therapy. a. A determination of good moral character shall be based on the absence of acts that reflect moral turpitude and that reflect all aspects of a person's character as exemplified by his or her behavior including, but not necessarily limited to, that the person: i. Is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license provided for under this Board; ii. Attempted to use as his own the license of another; iii. Allowed the use of his license by another; iv. Is guilty of unprofessional or unethical conduct as defined by the code of ethics; v. Has been adjudicated as mentally incompetent by regularly constituted authorities; vi. Has received treatment for any emotional disturbances, mental disorder or insanity that would impair the person’s ability to perform as a massage therapist; vii. Has been convicted, found guilty, or entered a plea of nolo contendere of a crime, or has charges or disciplinary action pending that directly relates to the practice of massage therapy or to the ability to practice massage therapy. viii. Is guilty of false, misleading or deceptive advertising, or is guilty of aiding or assisting in the advertising or practice of any unlicensed or unpermitted person in the practice of massage therapy; ix. Is or has been a defendant in civil litigation in which the basis of the complaint was for negligence, malpractice, or lack of professional competence in the practice of massage therapy; x. Has been disciplined by a regulatory authority in any jurisdiction related to the practice of massage or of any other credentialed profession (such disciplinary outcome includes, but is not limited to, license restrictions or conditions, probation, fine, or reprimand); xi. Has had rights, credentials or one or more license(s) to practice massage therapy or any other credentialed profession revoked, suspended, denied, or required to be surrendered in any jurisdiction, territory or possession of the United States or another country. A certified copy of the record of the jurisdiction making such a revocation, suspension or denial shall be conclusive evidence thereof; xii. Has voluntarily surrendered a license or credential to practice massage therapy or any other credentialed profession in connection with or to avoid a disciplinary action by a regulatory authority in any jurisdiction; xiii. Has been convicted, found guilty, or entered a plea of nolo contendere of any felony, other than a violation of federal or state tax laws.

b. In determining a person's good moral character when there is evidence of the conduct described above, the Board will also consider the following factors: i. The nature of the criminal offense(s) or conduct which gave rise to the disciplinary, civil, or administrative action. ii. The age of the applicant at the time of the criminal conviction(s) or conduct which gave rise to the disciplinary, civil or administrative action. iii. The number of criminal convictions or number of disciplinary, civil or administrative actions taken against the applicant. iv. The nature and severity of the sentence or sanction imposed for each criminal conviction or disciplinary, civil or administrative action. v. Whether the probation period given in a conviction has been completed and fully satisfied to include fines, court costs, and other conditions of probation. vi. Whether restitution ordered by a court in a criminal conviction or civil judgment has been fully satisfied. vii. Whether the record of conviction was overturned on appeal, the record was expunged, or significant evidence of rehabilitation is provided. viii. The remoteness from the date of the criminal offense(s) or conduct. G. The Board must receive a complete application packet, fees and official transcript(s) by the established application deadline for the application to be considered for licensure at the next regularly scheduled Board Meeting. H. An applicant must supply proof of current certification in cardiopulmonary resuscitation (CPR) and first aid of at least eight (8) hours of training, including practical testing, and supply documentation of familiarity with the American with Disabilities Act. I. An applicant must have completed an approved course on communicable diseases, including HIV/AIDS information and prevention. Board approved schools shall include these courses and those listed in ‘H’ above in the curriculum. J. Request for Pre-Licensure Determination. An individual may request the Board for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a judgement of conviction and a fee of $25.00. 1. Disqualifying Crimes Felony. a. An individual may be denied a license or permit based on a felony conviction. A felony conviction includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre. b. Directly Related to Licensure Practice. Crimes involving fraud or theft. Massage therapists often have unfettered access to individuals’ privileged information, financial information, and valuables, including medications, money, jewelry, credit cards/checkbook, and sentimental items. Massage therapists also provide massage services, working night and weekend shifts at massage establishments where there is often no

direct supervision. Clients in these settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a massage therapist. When a massage therapist has engaged in criminal behavior involving physical misconduct, fraud or theft in the past, the Board is mindful that similar misconduct may be repeated in these massage settings, thereby placing clients and the public at risk. c. Misdemeanor. The admission of multiple convictions, including misdemeanor convictions may be used to determine if an individual shall be denied a license or permit. 2. Determination Notification a. Time for Response. The licensing authority or its designee shall issue a written determination notification to the individual within 30 days from the board’s receipt of the individual’s request. b. Standing. The individual shall be provided one of the following responses: i. Insufficient Information. If the individual’s request contains insufficient information, the licensing authority or its designee will notify the individual that a determination cannot be made at this time as to the individual’s standing or whether or not the criminal record will disqualify the individual from obtaining a license. ii. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following: (1) Grounds and reasons for denial or disqualification. (2) The right to a hearing; (3) The earliest date to reapply for a license; (4) Evidence of rehabilitation may be considered upon reapplication. C. Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee’s decision. D. Notice of Hearing. The licensing authority or its designee shall provide in writing to the individual the time, date and nature of the hearing pursuant to the Board’s statutory provisions, rules and regulations.

§73-67-21, as amended; § 73-67-35 (1), as amended; § 73-77-1, as amended

History

• Source: Miss Code Ann. § 73-67-15 (1) (e), as amended; § 73-67-15 (1) (m) (ii), as amended;

30 Miss. Admin. Code Pt. 2501, R. 4.2 Educational Requirements

All applicants must meet the requirements set forth in § 73- 67-35, as revised, in order to be licensed. A. To obtain a massage therapy license, an applicant must submit to the Board the applicant’s official and certified transcript(s) from the applicant’s massage therapy school. Official transcripts must be submitted to the Board directly from the approved massage therapy school. If a transcript is submitted directly from other than an approved massage therapy school for an applicant who does not qualify under the reciprocity provisions of Rule 4.5, then the applicant’s massage therapy school must be accredited and must meet the educational and curriculum requirements of Section 73-67-35, as revised. For a massage therapy school that has ceased operation, the transcript must be

provided by a third party that is acceptable to the Board, such as the custodian of the school’s records, or that state’s massage regulatory body, or the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards. B. The transcript must verify that the applicant has completed a board-approved training program of not less than five hundred fifty (550) hours of massage therapy instruction, and at least fifty (50) hours of student clinic, for a total of six hundred (600) hours, with a minimum grade requirement of “C” or better in every course of instruction, in the following subjects 1. Two hundred (200) hours in massage theory and practicum, which must include a minimum of the following classroom hours in the specified subject areas: a. Ten (10) hours in legalities including Mississippi massage law and ethics. Students must be furnished complete copies of the most current MS Law 73-67-1 et seq., and the Rules and Regulations for this class; b. Twenty (20) hours in history, benefits, indications and contraindications; c. One hundred (100) hours in massage demonstration and supervised practice, which must include, but is not limited to, client evaluation, stroking, kneading, stretching, friction, percussion, vibration, range of motion, hand held tools and devices designated as t-bars or knobbies, and draping and turning; and d. The remaining seventy (70) hours may expand on any or all of the previous three (3) subject areas including electric hand held massagers, and/or be related to practical massage. 2. Two hundred (200) hours in science of the human body and must include a minimum of the following classroom hours in the specified subject areas: a. Twenty (20) hours in anatomy, including all body systems; b. Twenty (20) hours in physiology, including all body systems; c. Twenty (20) hours in myology/kinesiology; d. Twenty (20) hours in neurology; e. Twenty (20) hours in pathology, including medical terminology; and f. The remaining one hundred (100) hours may expand on any or all of the previous six (6) subject areas and/or be related to the science of the human body. 3. Two hundred (200) hours in allied modalities and must include, but are not limited to, a minimum of the following classroom hours in the specified subject areas: a. Seven (7) hours in Eastern, European and Western theory/methods; b. Eight (8) hours in cardiopulmonary resuscitation (CPR) and first aid; c. Ten (10) hours in charting and documentation; d. Twenty-five (25) hours in hydrotherapy and infrared heat; e. Twenty (20) hours in referral methods within the health care system; and f. The remaining one hundred eighty (80) hours may expand on any or all of the previous five (5) subject areas, including The Americans with

Disabilities Act, and/or be devoted to any approach to massage therapy and wellness, such as trigger points, management, communication, safety, oriental or Eastern massage techniques and specialized populations. 4. One hundred (100) hours in supervised student clinic and must include at least fifty (50) practical hands-on one-hour massage therapy sessions. Each session is to be documented on a student clinic log, signed and dated by both the instructor and the student. Supporting session documents shall include; a. A client intake form with the client’s name and address, as well as reasons for the session, medical history and possible indications and contraindications, and a medical release, signed and dated by the client, instructor and the student therapist; b. Session notes documented in SOAP format, signed and dated by the instructor and the student therapist, c. An evaluation of the session by the client, including the client’s name, the date of the session, and the signatures and date of the client, instructor and the student therapist. All session documents shall be kept on file at the school for a minimum period of two (2) years. Each completed session shall constitute two (2) hours of student clinic, to include the one hour of actual session and one hour of class time for instruction and evaluation of the session. All 100 hours shall be acquired in the school student clinic. All hands-on sessions must be supervised by an instructor, board licensed in the area being supervised. While students are prevented from accepting any form of compensation for these sessions, and a notice to this effect shall be clearly posted in the clinic reception area, the school may maintain a tip jar for those clients desiring to tip. Any such proceeds shall be used for the benefit of the class as a whole or may be donated to a charitable organization. C. All persons seeking licensure with the Board must pass one of the Board Comprehensive Examinations. D. Effective January 1, 2011 all persons submitting an application for licensure with the Board must also pass the Mississippi State Law Examination (MSLE) that is given by the Mississippi State Board or its representative. Any student graduating from a Board approved massage therapy school may request a waiver of this requirement if the graduate will not be practicing in Mississippi. The content includes the Mississippi Professional Massage Therapy Act § 73-67 and its relevant MSBMT Rules and Regulations. The Board may schedule a session of the MSLE in coordination with a school. A minimum score of 70% is required prior to licensure.

History

• Source: Miss Code Ann. § 73-67-15 (1) (g) (h), as amended; § 73-67-25, as amended; § 73-67-

30 Miss. Admin. Code Pt. 2501, R. 35 (1), as amended

30 Miss. Admin. Code Pt. 2501, R. 4.3 Massage Therapy Curriculum Requirements

A massage therapy program shall not operate in the State of Mississippi unless it meets the minimum standards of curriculum for license approved by the Board and is licensed with the State Board of Massage Therapy. A. Massage schools and massage curriculums for license preparation must obtain a national accreditation from such agencies as the Commission on Massage Therapy Accreditation or programs with the same or greater requirements. New massage

schools will have five (5) years from opening of the massage school to show conformity with the accreditation requirements and shall within two (2) years from opening show proof of application with periodic reporting to the board of its progress. If a licensed massage school or massage curriculum with existing accreditation loses its accreditation for any reason, the school shall immediately initiate actions to obtain accreditation, with periodic reporting to the Board of its progress. An existing accredited massage school that loses its accreditation will have three (3) years from the date of loss of its accreditation to show conformance with the accreditation requirements. B. No massage therapy program shall consist of more than forty (40) in-class clock hours per week. C. Hours credited through transfer credit shall not be recognized by the board unless the following transfer standards are met: 1. The transferring school shall provide a certified transcript that includes the school’s name, state license number, physical address and mailing address if different, telephone number and signed by the owner, director or administrator of the school; 2. Courses for which credit is granted shall parallel in content and intensity to the course offered by the school; and 3. Documentation of previous training shall be included in each student’s permanent file.

History

• Source: Miss Code Ann. § 73-67-35, as amended

30 Miss. Admin. Code Pt. 2501, R. 4.4 Examination Requirements

A. All persons seeking licensure with the Board must pass one of the Board Comprehensive Examinations. B. Effective January 1, 2011 all persons submitting an application for licensure with the Board must also pass the Mississippi State Law Examination (MSLE) that is given by the Mississippi State Board or its representative. Any student graduating from a Board approved massage therapy school may request a waiver of this requirement if the graduate will not be practicing in Mississippi. The content includes the Mississippi Professional Massage Therapy Act § 73-67 and its relevant MSBMT Rules and Regulations. The Board may schedule a session of the MSLE in coordination with a school. A minimum score of 70% is required prior to licensure.

30 Miss. Admin. Code Pt. 2501, R. 4.5 Reciprocity

A. All applicants entering through reciprocity must have graduated from a massage therapy program recognized from the state of origin without non-compliance rulings issued by the NCBTMB or the FSMTB. An applicant may be licensed by demonstrating proof that the applicant holds a valid, current license in another state with similar education requirements to those required by this chapter, and that all other licensure requirements under this chapter are met. This is subject to investigation by the Board and excludes grandfathering by other states. B. If an individual who is licensed in another state that has licensing standards substantially equivalent to the standards under this chapter as reviewed and approved by the Board, applies and pays all applicable fees in Rule 2.1 for licensure, the Board may

issue a Provisional Permit authorizing the applicant to practice massage therapy for up to 90 days, pending completion of documentation that the applicant meets the requirements for licensure under this chapter. The provisional permit shall not be issued until an applicant has successfully passed the Mississippi State Law Examination, and may reflect statutory limitations on the scope of practice. The fee in Rule 2.1 for a provisional permit must accompany the application. No sooner than fifteen (15) days prior to the expiration of an applicant’s initial provisional permit, the applicant may apply and submit the fee in Rule 2.1 for an extension of up to 90-days under the existing provisional permit only if proof is provided of having taken and failed a Board Comprehensive Examination during the initial period of the provisional permit. A maximum of two (2) 90-day periods under a provisional permit may be authorized to each applicant. C. Reciprocity for an applicant to the Board is defined, as follows: 1. From a regulated State: Must be licensed and in good standing with the State regulatory Board (excludes grandfathering): must show proof of at least three (3) years work experience as a massage therapist, must show proof of passing scores from a Board Comprehensive Examination, must take and pass the Mississippi State Law Examination (MSLE) offered by the Board, must submit a timeline of massage therapy school enrollment and graduation, passage of a Board Comprehensive Examination, work experience, and residency, and must submit certified transcript(s) from a massage therapy school that includes the school’s name, state license number, physical address and mailing address if different, telephone number and signed by the owner, director or administrator of the school: For a massage therapy school that is nationally or regionally accredited by an agency recognized by the U.S. Department of Education, the transcript has a minimum of 500 hours of in-class academic education. The massage school must provide evidence of its current accreditation and be in good standing with the accrediting body. For a non-accredited massage therapy school, the transcript is subject to verification of educational content relative to current curriculum and instruction requirements for an approved massage therapy school. The applicant may be required to obtain additional hours of training up to the current requirements from an approved massage therapy school. For a school that is currently not approved by one or more of that state’s massage regulatory body, or the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards, the transcript will not be valid for licensure. For a massage therapy school that has ceased operation, the transcript must be provided by a third party that is acceptable to the Board, such as the custodian of the school’s records, or that state’s massage regulatory body, or the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards. 2. From a non-regulated State: Must show proof of at least three (3) years work experience as a massage therapist, must show proof of passing scores from a Board Comprehensive Examination, must take and pass the Mississippi State Law Examination (MSLE) offered by the Board, and

must submit a timeline of massage therapy school enrollment and graduation, passage of a Board Comprehensive Examination, work experience, and residency, and must submit certified transcript(s) from a massage therapy school that includes the school’s name, state license number, physical address and mailing address if different, telephone number and signed by the owner, director or administrator of the school: For a massage school that is nationally or regionally accredited by an agency recognized by the U.S. Department of Education, the transcript has a minimum of 500 hours of in- class academic education. The massage school must provide evidence of its current accreditation and be in good standing with the accrediting body. For a non-accredited massage school, the transcript is subject to verification of educational content relative to current in-class hours and courses for Board-licensed massage schools. The applicant may be required to obtain additional training up to the current requirements from a Board-approved massage school. For a school that is currently not approved by one or more of that state’s massage regulatory body, or the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards, the transcript will not be valid for licensure. For a massage therapy school that has ceased operation, the transcript must be provided by a third party that is acceptable to the Board, such as the custodian of the school’s records, or that state’s massage regulatory body, or the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards. C. A Board licensee seeking licensure through reciprocity or initial application in another state must pay all applicable fees in Rule 2.1 before the Board will verify and provide the licensee’s information to the other state.

30 Miss. Admin. Code Pt. 2501, R. 4.6 Military Family Freedom Act

All requirements of 73-67-25 and 73-50-1, known as the Military Family Freedom Act, shall be met where applicable. A. For a military-trained applicant who has been awarded a military occupational specialty that is substantially within the scope of massage therapy in Mississippi, and who chooses not to apply for licensure under the reciprocity paragraphs 1 or 2 above, and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure: must provide evidence of the completion of a military program of training in the military occupational specialty, must show proof of passing scores from a Board Comprehensive Examination, must take and pass the Mississippi State Law Examination (MSLE) offered by the Board, and Must show proof of work experience in the military occupational specialty for at least two (2) of the five (5) years preceding the date of the application for licensure with the Board. All relevant experience of a military service member in the discharge of official duties shall be credited in the calculation of years of practice. B. For a military spouse who is licensed by and in good standing with another jurisdiction’s regulatory board, and who chooses not to apply for licensure under the reciprocity paragraphs 1 or 2 above:

must show evidence that the applicant is a legal spouse of an active member of the military, must show competency through proof of passing scores from a Board Comprehensive Examination, must show competency by taking and passing the Mississippi State Law Examination (MSLE) offered by the Board, and Must show proof of work experience in massage therapy for at least two (2) of the five (5) years preceding the date of the application for licensure with the Board. All relevant experience of a military spouse, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice.

History

• Source: Miss Code Ann. § 73-67-15 (1) (m) (i), as amended; § 73-67-15 (1) (m) (ii), as amended; § 73-67-17 (f), as amended; § 73-67-25, as amended; §73-50-1, as amended; §73-50- 2, as amended

30 Miss. Admin. Code Pt. 2501, R. 4.7 Rule 4.7

Universal Recognition of Occupational Licenses and Temporary Practice Permits or Persons Who Establish Residence in this State. All requirements of 73-50-2 shall be met where applicable. A. This Board shall make all reasonable efforts to issue a license to an applicant for licensure under this section upon completion of a completed application. B. An applicant will not be prohibited for applying for licensure under the existing licensure requirements established by the Board. C. A license issued under this section is valid only in Mississippi and it does not make the person eligible to work in another state under an interstate compact or reciprocal agreement unless otherwise provided by Mississippi law.

Part 2501. Chapter 5. Application Procedures

30 Miss. Admin. Code Pt. 2501, R. 5.1 Phases of the Application Process

A. Application Phase 1. Individual submits all application requirements including all applicable fees in the form of a certified check or money order. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. 2. Complete application is reviewed and information validated according to the procedures set forth by the Board. The application is then submitted to the Board for approval. 3. Applicants who have already taken a Board Comprehensive Examination with official passing scores submitted by the appropriate administering body will be considered for licensure by the Board. 4. All persons submitting an application for licensure with the Board must also pass the Mississippi State Law Examination (MSLE) that is given by the Mississippi State Board or its representative. Any student graduating from a Board approved massage therapy school may request a waiver of this requirement if the graduate will not be practicing in Mississippi. The content includes the Mississippi Professional Massage Therapy Act § 73-67-1 – 73-67-39, et seq. and

its relevant MSBMT Rules and Regulations. The Board may schedule a session of the MSLE in coordination with a school. A minimum score of 70% is required prior to licensure. 5. If a certificate of licensure has not been issued within 24 months of receipt of the application, license fee and application fee due to the applicant’s failure to meet all requirements for licensure, then the applicant must submit a new application and application fee. This applies even if the applicant received a Permit. 6. If a first time licensing applicant completed a Mississippi massage therapy program and passed the Mississippi State Law Examination (MSLE) more than 24 months prior to applying for licensure, a Board-approved 3-hour Mississippi Law CEU course must be taken prior to licensure OR the applicant must re-take and pass the Mississippi State Law Examination (MSLE). 7. If an applicant applies and pays all applicable fees in Rule 2.1 for licensure, the Board may issue a Provisional Permit authorizing the applicant to practice massage therapy for up to 90 days, pending completion of documentation that the applicant meets the requirements for licensure under this chapter. The provisional permit shall not be issued until an applicant has successfully passed the Mississippi State Law Examination, and may reflect statutory limitations on the scope of practice. The fee in Rule 2.1 for a provisional permit must accompany the application. No sooner than fifteen (15) days prior to the expiration of an applicant’s initial provisional permit, the applicant may apply and submit the fee in Rule 2.1 for an extension of up to 90-days under the existing provisional permit only if proof is provided of having taken and failed a Board Comprehensive Examination during the initial period of the provisional permit. A maximum of two (2) 90-day periods under a provisional permit may be authorized to each applicant.

History

• Source: Miss Code Ann. § 73-67-21, as amended

30 Miss. Admin. Code Pt. 2501, R. 5.2 Administrative Appeal

A. Where the Board refuses to grant, or renew a license or revokes or suspends a license, an opportunity for a hearing shall be afforded before final action by the Board. The Board may designate any competent person(s) to preside at such hearing. B. After the administrative hearing, the Board will notify the individual of its final decision. C. An individual may appeal the decision of the Board to the Circuit Court of Hinds County. D. An applicant may appeal the decision of the Circuit Court to the Mississippi Supreme Court.

Part 2501. Chapter 6. License Renewal, Directory, and Duplicate / Replacement Wall Certificates

History

• Source: Miss Code Ann. § 73-67-19 (4), as amended; § 73-67-27, as amended; § 73-67-25 (2), as amended

30 Miss. Admin. Code Pt. 2501, R. 6.1 Renewal

Licenses are valid through May 31 st of the second year (the “expiration date”) following issuance or any renewal thereafter. Therapist shall not practice massage after the expiration date listed on their license unless renewed either by paper or online method. A. Proof of current CPR and First Aid certifications will be required with each renewal application. CEU credits will be awarded for these certifications in the amount of 3 hours inclusive. B. A 3-hour CEU class of Mississippi Law / Rules and Regulations and a 3-hour course in ethics will be required with each renewal. C. As a courtesy, Licensed Massage Therapists may be notified of renewal. D. Failure to receive a renewal notice from the Board will not relieve the license holder from the renewal requirements. E. Paper Renewals: The following items must be postmarked 30 days prior to expiration for every licensed therapist who continues to practice: 1. The most recent renewal form which may be downloaded from the Board website, completed in its entirety; and the prescribed license renewal fee. 2. The late fee must be included for applications postmarked less than 30 days prior to expiration plus any other fees that may apply as listed in Chapter 2 above. 3. A fee of $35.00 will apply to LMT’s who renew by paper method. 4. Payment must be remitted by Cashier’s Check or Money Order. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. F. Online Renewals: Massage therapists may renew licenses online during the period beginning 60 days prior to the license expiration date and ending 90 days after the license expiration date. If renewal occurs after the expiration date, late fees apply and the massage therapist shall not practice massage until the license has been renewed. The licensee is not excused from paying late fees or other consequences of license expiration due to the unavailability of the on-line renewal method on the last working day or any holiday or weekend day for state employees prior to license expiration, or failure of the licensee to complete the on-line renewal process prior to the end of the last day for which the license is active. 1. All other provisions for renewal will apply. The most up to date information may be found at www.msbmt.ms.gov. 2. The massage therapist must allow sufficient time to renew by the paper method if online renewal is not allowed. Renewals may not be processed online if: a. There is a change that would require verification such as a legal name change. Such changes must be done prior to online renewal by providing MSBMT a copy of the legal document verifying the name change. b. There are insufficient CEU’s posted to the therapist’s account. While Providers are responsible for reporting CEU’s promptly, it is the therapist’s responsibility to verify that the information is current and accurate. c. There is disciplinary action pending against the licensee. d. Fines or penalties are not current under a Board-approved payment arrangement.

3. If, since the last application for a massage license, the massage therapist has disciplinary or other licensing actions, been convicted or found guilty of crimes, been treated for substance abuse or for mental or emotional disorders, been found legally incompetent, or been subject to complaints or civil litigation, the licensee may renew online. If there are any affirmative responses to the affidavit questions, the licensee must submit the detail as required, within 5 days. G. The license status will be changed to “Expired” for all licensees who fail to renew their license more than 90 days after the expiration date listed on their license. H. An individual with an “Expired” license for up to and including 90 days who wishes to return to current status must pay applicable late fee(s) in additional to the current renewal fee. An individual with an “Expired” license for more than 90 days who wishes to reinstate to active status must submit a paper application for renewal, pay the current renewal fee, reapplication fee and submit proof to the Board that the licensee has satisfied the CEU requirements that would have been applicable had the licensee been on active status. An individual with an “Expired” license cannot move to “Inactive” or “Retired” status. After three (3) years on expired status, the licensee must comply with Rule 6.1.K. I. “Inactive” Status: Those who wish to put their active license on the inactive list, remaining there for a period not to exceed three (3) years before returning to active practice, may do so without reexamination or late fees upon submission of all fees and an affidavit provided by the Board requesting inactive status, which shall attest that they shall not perform massage therapy for compensation within the State of Mississippi while on inactive status. They shall surrender their license to the Board and no license shall be issued while on inactive status. To reinstate to active status the licensee must submit an application for renewal, pay the current renewal fee, reapplication fee and submit proof to the Board that the licensee has satisfied the CEU requirements that would have been applicable had the licensee been on active status, including the two (2) years when the therapist last held an “Active” license plus each subsequent calendar year after the therapist failed to pay renewal fees. CEU credits do not expire while on “Inactive Status”. After three (3) years of inactive status, the license shall be considered expired. Should the license expire, all requirements of an “expired” license under Rule 6.1.K shall apply. An individual who is on “Inactive” status, and who otherwise meets the requirements for the “Retired” status of Rule 6.1.L, may request to have the Board change the individual’s status from “Inactive” to “Retired.” J. Any license that is not renewed or placed on inactive or retired status before the license has expired/lapsed will be deemed expired. K. Any individual whose license has expired/lapsed for failure to pay the required renewal fees for a period of three (3) years must 1. submit a MT.01 Application for Professional Licensure (for first time applicants) , and 2. follow the rules set forth in Chapter 4 “License Requirements” as if a new applicant, and 3. submit proof to the Board that the applicant has satisfied the CEU requirements that would have been applicable had the applicant been on active status, not to exceed sixty (60) hours. This includes the two (2) years when the applicant last held an “Active” license plus each subsequent calendar year after the applicant failed to pay renewal fees.

L. “Retired” Status: Those who wish to be removed from active status and have held a Mississippi Massage Therapist License for a period of five (5) years with no fines or penalties imposed for the last three (3) years of active service. This status is provided upon request of the licensee to the Board and no license shall be issued while on retired status. To reinstate to active status, the licensee must submit an application for renewal, pay the current renewal fee, pay the reapplication fee if the licensee has been on the “Retired” status for three (3) or fewer years, and submit proof to the Board that the licensee has satisfied the CEU requirements that would have been applicable had the licensee been on active status, including the two (2) years when the therapist last held an “Active” license plus each subsequent calendar year after the therapist failed to pay renewal fees. CEU credits do not expire while on “Retired” status. A “retired” massage therapist may remain in this status for an indefinite period of time. M. “Suspended” Status: The Board at its discretion may place a license on suspended status which indicates that the privilege to practice massage therapy has been temporarily terminated. This status results from actions taken under Chapter 8 of these Rules and Regulations. N. “Revoked” Status: The board at its discretion may place a license on revoked status which indicates that a license has been nullified. This status results from actions taken under Chapter 8 of these Rules and Regulations.

History

• Source: Miss Code Ann. § 73-67-15 (1) (m) (iii), as amended; § 73-67-17 (g), as amended

30 Miss. Admin. Code Pt. 2501, R. 6.2 Directory of Licensed Massage Therapists and/or Massage Establishments

A. The Directory of Licensed Massage Therapists (Directory) is maintained. 1. All licensees who paid the renewal fee on or before their deadline will be included in the Directory as “Active”. 2. All current licensees will be listed in alphabetical order by county of residence. 3. All current licensees who reside outside the State of Mississippi will be listed in alphabetical order by their states of residence. 4. Individuals for whom a renewal fee was not received on or before their expiration will be included in the Directory as “Expired”. 5. Individuals who have an expired, inactive, retired, suspended, or revoked license will be listed according to the category under which they fall. 6. Any individual or organization interested in obtaining a Directory shall submit a written request and the required publication fee. B. The Directory of establishments where massage services are performed will be maintained. The Directory shall contain: 1. Business location; 2. Owner contact information; 3. Local Business permit information; 4. Names of licensees; and 5. Any other information as required by the Board.

History

• Source: Miss Code Ann. § 73-67-15 (1) (r), as amended; § 76-67-5 (1) (t)

30 Miss. Admin. Code Pt. 2501, R. 6.3 Additional / Replacement Wall Certificates and Mobile Therapist Cards (MTC)

A. Each licensee and massage establishment shall insure that a valid and current wall certificate attesting to the licensee’s title as a Mississippi Licensed Massage Therapist shall be displayed at each place of business within the State of Mississippi where massage therapy is practiced. If a licensee works at multiple massage establishments, the licensee must obtain an additional wall certificate for each massage establishment within the State of Mississippi with its address from the Board. See Chapter 2 for additional location certificate fee. A Mobile Therapist Card will be provided with the initial license and each renewal license thereafter (Effective July 1, 2010), which must be prominently displayed when performing massage therapy off-site within the State of Mississippi. . B. Any and all certificates issued by the Board are the property of the Board and must be surrendered upon official request. C. Each licensee must ensure that the current wall certificate or Mobile Therapist Card bears his / her current legal name. A licensee in good standing whose name is legally changed may request a replacement wall certificate or Mobile Therapist Card by submitting the following: 1. Written notification of the change and a request for a new wall certificate or Mobile Therapist Card bearing the licensee’s current legal name; 2. A copy of the legal paper document indicating the change; 3. Returning the original wall certificate or Mobile Therapist Card to the Board Office; and 4. Paying the prescribed replacement certificate fee. See Chapter 2. D. A licensee in good standing may request a replacement wall certificate or Mobile Therapist Card if his / her original wall certificate or Mobile Therapist Card was damaged by returning the damaged original wall certificate or Mobile Therapist Card to the Board’s office and submitting the following either in writing or on-line at the Board’s website: 1. A written request for a replacement wall certificate or Mobile Therapist Card; and 2. Payment of the prescribed replacement certificate fee. E. A licensee in good standing may request a replacement wall certificate if his / her original wall certificate or Mobile Therapist Card was destroyed by submitting the following items either in writing or on-line at the Board’s website: 1. A written request for a replacement wall certificate or Mobile Therapist Card, indicating that the original wall certificate or Mobile Therapist Card was destroyed. 2. A notarized affidavit if in writing, including a statement and an explanation that the wall certificate or Mobile Therapist Card was destroyed; and 3. Payment of the prescribed replacement certificate fee. F. Any other request for an additional or replacement wall certificate or Mobile Therapist Card will be handled by the Board on a case by case basis. G. All changes must be in writing to the Board office in the event of any change in name, address or telephone number for home or business location(s). H. If the Board has determined that the street address, independent of the suite number, of a massage establishment has been attached to or identified with any pornographic or other establishment that may be construed as unprofessional and/or unethical in the

practice of professional massage therapy, then the Board shall deny all applications for massage therapy wall certificates to practice at that street address, regardless of the current name of the massage establishment or of its current owner. The Board shall maintain a list of such street addresses. If the massage establishment is in a building that contains more than four (4) suites that share a common street address, then the denial of wall certificates shall only apply to the suite of said massage establishment and all contiguous suites. The period of such denials shall be five (5) years from the date of the most recent evidence of pornographic, or unprofessional or unethical advertising or identification.

Part 2501. Chapter 7. Professional Responsibilities

History

• Source: Miss Code Ann. § 73-67-17 (e), as amended; § 73-67-33, as amended

30 Miss. Admin. Code Pt. 2501, R. 7.1 Standards of Practice

The protection of the public health, safety, welfare, and the best interest of the public are the guides in determining the appropriate professional conduct of all individuals licensed through the Mississippi State Board of Massage Therapy. Persons licensed by the Board shall adhere to all parts of the Mississippi State Board of Massage Therapy Code of Ethics and Standards of Practice.

History

• Source: Miss Code Ann. § 73-67-3, as amended; § 73-67-19 (5), as amended; § 73-67-31, as amended

30 Miss. Admin. Code Pt. 2501, R. 7.2 Exemptions from Licensure

A. The provisions of this chapter regarding licensure do not apply to the following: 1. Persons state licensed, state registered, state certified, or otherwise state credentialed by the laws of this State to include massage therapy as part of their practice, or other allied modalities that are certified by a nationally accredited organization recognized by the Board; 2. Students enrolled in a massage therapy school and at the same time working in a student clinic; and out of state massage therapy instructors when teaching in these programs. B. Any exemption granted under this section is effective only insofar as and to the extent that the bona fide practice of the profession or business of the person exempted overlaps into the field comprehended by this law, and exemptions under this section are only for those activities that are currently authorized in the course of bona fide practice of the business or profession of the person exempted.

History

• Source: Miss Code Ann. § 73-67-5, as amended

30 Miss. Admin. Code Pt. 2501, R. 7.3 Representation as “Licensed Massage Therapist” by an Unlicensed Person

Any person who represents himself/herself by the title “Licensed Massage Therapist” without having first complied with the application procedures set forth and without having been awarded a license by the Mississippi State Board of Massage Therapy shall be fined not more than Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month in jail, or both, per offense. See section 73-67-27 (3) (c).

History

• Source: Miss Code Ann. § 73-67-27 (1) (a), as amended; § 73-67-27 (3) (c)

30 Miss. Admin. Code Pt. 2501, R. 7.4 Advertising

A. Any licensed massage therapist or massage establishment advertising by the use of radio, newspaper, television, electronic media, flyers, business cards, phone book or any other means shall include legibly, or clearly audible, the massage therapy license number issued to the therapist(s) on and/or with such advertising. It shall be the responsibility of the licensee, a massage establishment, and/or a separate advertising entity to verify and include current license number(s) in all advertising, no matter the format. (See § 73-67- 29 (7)). Failure to comply is subject to penalty assessed by the Board up to One Thousand Dollars ($1,000.00) per offense. Massage establishments with six (6) or more licensed massage therapists shall be exempt from this provision provided that the therapy or service is performed by person(s) licensed under this chapter. B. Any and all advertising of the licensed massage therapist shall be of a professional and ethical nature and shall not be attached to or identified with any pornographic or other establishment that may be construed as unprofessional and/or unethical in the practice of professional massage therapy. C. No practice of, or advertisement by any means of, any type of therapy involving soft tissue movement by the use of any body part, instrument(s) or device(s), or any term that may be interpreted to involve massage, shiatsu, acupressure, oriental, Eastern or Asian massage technique, spa, rub, or therapeutic touch, shall be allowed unless such therapy is performed by person(s) who are licensed or exempt as stated in this chapter. D. Providing information concerning continuing education of massage therapy shall not constitute advertising as that term is used in this section. National massage publications and out-of-state instruction/education/information materials are exempt. E. The advertising of any designation of massage, including the word “Swedish” (as used in this context), shall not be allowed in conjunction with any other term that the board finds questionable. Questionable terms may include bath, shampoo and escort. F. Massage schools that advertise for student clinic or any other type of student massage must conspicuously include the respective words “student massage” within the advertisement. G. Advertisers shall obtain the license number from each massage therapist before entering into an agreement or contract to advertise any form of massage therapy as stated in this chapter. The license number(s) shall be part of the actual advertisement. Massage establishments with six (6) or more licensed massage therapists shall be exempt from this provision provided that the therapy or service is performed by person(s) licensed under this chapter.

History

• Source: Miss Code Ann. § 73-67-27 (1) (g), as amended; § 73-67-29, as amended; § 73-67-15 (f) (q), as amended; § 73-67-19 (7), as amended

30 Miss. Admin. Code Pt. 2501, R. 7.5 Duties and Responsibilities of Licensed Massage Therapists

A. All licensed massage therapists shall: 1. Perform only those services for which they are qualified and which represent their training and education;

2 Acknowledge their professional limitations and refer the client to an appropriate health professional when necessary, in cases where massage may be or is contraindicated; 3. Recognize and respect the rights of all ethical practitioners and cooperate with health professionals in a professional manner; 4. Obtain and keep an overview or profile of the client’s state of being and health history and discuss any problem areas that may contraindicate massage; 5. Keep accurate and up-to-date records regarding a client’s condition before and after massage therapy session in cases of a client being treated for a specific condition. Public, sports and on-site seated massage sessions are exempt from documentation; sports massage sessions are exempt from post event documentation. Regardless of the modality employed by the massage therapist, a “specific condition” shall exist for a client who requests massage in conjunction with circumstances including, but not limited to: a. any client's self-reported complaint of pain/discomfort or tension or limitation in range of motion related to soft tissue b. any soft-tissue conditions identified by the therapist and evaluated / treated in the course of the massage, even if the client did not self-report that specific condition or only requested "relaxation" c. a medically-diagnosed condition d. an accident, injury or trauma e. post-surgical recovery f. a valid medical prescription or medical orders for massage from a licensed healthcare worker 6. Provide sensitive attention and response to client’s comfort levels for pressure and touch, and shall not cause bruising with any regularity; 7. Maintain clear and honest communications with their clients, and acknowledge the confidential nature of the professional relationship with a client and respect rights to privacy; 8. Abide by all laws that pertain to their work as a massage therapist and comply with all Federal and State regulations including but not limited to HIPAA; 9. In no way instigate or tolerate any kind of sexual advance while acting in the capacity of a massage therapist; 10. Provide and use draping to cover all genitalia; 11. Clean/disinfect hands immediately before each massage session and/or use medical gloves; 12. Prior to the use of electrical hand held massagers, must obtain Board approved education regarding use and contraindication for use of such instruments. The massage therapist must document the education, send it to the Board along with the fee in Rule 2.1, and request a device-specific approval of the education prior to using each device, including, but not limited to, the following: a. the manufacturer and model of the electrical hand held massager; b. how the education was obtained (e.g., either self-study, or via classroom / distance learning, including the name and qualifications of the person providing the instruction);

c. the specific learning objectives covered in the education (e.g., modes of operation of the device, appropriate uses for the electrical hand massager on a client’s tissue, contraindications for use of the electrical hand massager on a client, sanitation for the electrical hand massager, etc.); d. the resources that were used in the education training (e.g., user manual from the manufacturer, written training materials, one-on-one instruction from a knowledgeable user, etc.); e. the means (e.g., oral or written exam, practical demonstration, etc.) used to assess the massage therapist’s comprehensive understanding of the education material; and f. the approximate duration of the education training. If a different device is added or replaced, all of the above requirements must be submitted to MSBMT for approval. The above referenced training does not qualify for continuing education credit with the Board unless the Board has previously approved a provider / program for the specific training. 13. No massage therapist shall diagnose or prescribe medicine, drugs or treatment; 14. The massage therapist shall provide and use draping to cover female breast unless prior written consent is given for breast massage. 15. Client intake forms must be signed and dated by the massage therapist. 16. The massage therapist shall abide by all Rules and Regulations set forth by the Mississippi State Board of Massage Therapy. 17. The massage therapist shall retain all required client documentation of massage sessions for a period of two (2) years, unless the massage establishment has the responsibility for maintaining such documentation, and insure that it is readily available for inspection at the request of the Board or their duly appointed representative. This includes, but is not limited to client history/intake forms and client release forms, as well as SOAP notes, appointment schedule book and client evaluations if requested by the Board or their duly appointed representative.

Part 2501. Chapter 8. Complaints, Disciplinary Hearings, Sanctions, Disciplinary Appeal

History

• Source: Miss Code Ann. § 73-67-31, as amended; § 73-67-15 (f), as amended; § 73-67-15 (q), as amended; § 73-67-19 (7), as amended

30 Miss. Admin. Code Pt. 2501, R. 8.1 Grounds for Disciplinary Action

A. This Chapter applies to individual massage therapists, massage establishment owners, instructors or schools licensed or registered by the Mississippi State Board of Massage Therapy. The Board may refuse to issue or renew or may deny, suspend or revoke any license or registration held or applied for under this act upon finding that the holder of a license or applicant: 1. Is guilty of fraud, deceit, or misrepresentation in procuring or attempting to procure any license provided for in § 73-67-1, et. seq. Miss. Code Ann. (1972) as amended; 2. Attempted to use as his/her own the license of another; 3. Allowed the use of his/her license by another;

4. Has been adjudicated as mentally incompetent by regularly constituted authorities; 5. Has been convicted of a crime, or have charges or disciplinary action pending that directly relates to the practice of massage therapy or to the ability to practice massage therapy or instruct massage therapy. Any plea of nolo contendere shall be considered a conviction for the purposes of this section; 6. Is guilty of unprofessional or unethical conduct as defined by the code of ethics; 7. Is guilty of false, misleading or deceptive advertising, or is guilty of aiding or assisting in the advertising or practice of any unlicensed or unpermitted person in the practice of massage therapy or instruction of massage therapy; 8. Is grossly negligent or incompetent in the practice of massage therapy or instruction of massage therapy; 9. Has had rights, credentials, or one or more license(s) to practice massage therapy or instruct in any massage therapy program revoked, suspended, or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee similar to acts described in this section. A certified copy of the record of the jurisdiction making such a revocation, suspension or denial shall be conclusive evidence thereof; or 10. Has been convicted of any felony, other than a violation of federal or state tax laws. B. Investigative proceedings may be implemented by a complaint by any person, including members of the Board.

History

• Source: Miss Code Ann. § 73-67-19 (4), as amended; § 73-67-27, as amended

30 Miss. Admin. Code Pt. 2501, R. 8.2 Complaint Procedures

Any person who believes he has been aggrieved by a violation of § 73-67-1 et. seq. or any Board regulation shall have the right to file a written complaint within two (2) years of the alleged violation. The Board shall maintain a written record of each complaint that is made. The Board shall also send to the complainant a form acknowledging the complaint and requesting further information if necessary. A. All complaints concerning a massage therapy school, instructor, business or against an individual therapist’s professional service or activities shall be received by the Board. Complaints must be submitted in writing on an official complaint form provided by the Board. The Board will assign each complaint a case number. B. Each complaint shall be assigned to a Board member or an Investigator assigned by the Board for investigation, notification, and determination of probable cause. Once the case is assigned, this individual becomes the case reviewer. C. The Board shall send the appropriate complaint forms to the complainant. The complainant is responsible for completing, notarizing, and returning all forms to the Board Office. All complaints may trigger an investigation to which the complainant will be a party. D. The accused is notified of the complaint and is either informed that he/she has ten (10) days to respond or may be offered an informal conference. The Board will send the accused a waiver which must be notarized and returned to the Board prior to the informal conference. Should this informal appearance or process not resolve the issues, the

accused is entitled to a formal hearing before the Board to address the same. The accused may request an extension, of up to thirty (30) days, to respond to the complaint. Extensions will be granted on a case by case basis. Justification for additional time is determined by the Board. E. The Board shall conduct a meeting, with quorum present to hear a complaint case(s) presented by a case reviewer. The Board may, at this time: 1. Vote to take no action, if no action is merited; or 2. Authorize a disciplinary hearing and initiate a formal complaint and notice of disciplinary hearing. F. Resolution of any formal complaint may be made between the Board and the accused. G. The Board, at its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted against the accused, the charging party, or both, as the Board may elect.

Rule 8.3. Notice of Formal Complaint and Disciplinary Hearing. A. The Board shall notify the accused that a complaint has been received and that a disciplinary hearing will be held. The accused shall be notified at least thirty (30) days prior to the date of the disciplinary hearing. B. Notice shall be considered to have been given if the notice was successfully mailed “certified” to the last known address as listed with the Board, or otherwise served. C. The notice shall inform the accused of the facts which are the basis of the complaint and which are specific enough to enable the accused to defend against the complainant. The notice of the complaint shall also inform the accused of the following: 1. The date, time, and the location of the hearing; 2. That the accused may appear personally at the disciplinary hearing and may be represented by Counsel; and, 3. That the accused shall have the right to produce witnesses and evidence on the individual(s) behalf and shall have the right to cross-examine adverse witnesses and evidence. D. The disciplinary hearing shall be before the Mississippi State Board of Massage Therapy and shall be presided over by the Chair, senior member, or designee of the Board. Following the disciplinary hearing, the Board shall, in writing, notify the accused as to what sanction(s), if any, shall be imposed and the basis for the Board’s action. All disciplinary hearing proceedings are a matter of public record and shall be preserved pursuant to the state law. E. All final orders issued by the Board shall be reflected in the Board minutes. F. All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended; § 73-67-19 (4), as amended; § 73-67-27 (3) (d), as amended
• Source: Miss Code Ann. § 73-67-15 (1) (i) (j), as amended

30 Miss. Admin. Code Pt. 2501, R. 8.4 Disciplinary Proceedings

A. General Statement. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument of all issues involved. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, default or dismissal. B. Informal Disposition of Contested Case. Prior to the imposition of disciplinary sanctions against a license, the licensee may be offered an opportunity to attend an informal conference and show compliance with all requirements of law. 1. Informal conferences may be attended by an attorney employed by the Board, a Board member and/or other representatives of the Board as the Chairman and legal counsel may deem necessary for the proper conduct of the conference. The licensee and/or the licensee’s authorized representative may attend the informal conference and shall be provided an opportunity to be heard. a. In any case where charges are based upon information provided by a person who filed a complaint with the board (complainant), the complainant may attend the informal conference, and shall be provided with an opportunity to be heard with regard to charges based upon the information provided. Nothing herein requires a complainant to attend an informal conference. b. Informal conferences are not deemed to be official meetings of the Board. c. Any proposed order shall be presented to the Board for its review. At the conclusion of its review, the Board shall approve, amend, or disapprove the proposed order. Should the Board approve the proposed order, the appropriate notation shall be made in the minutes of the Board and the proposed order shall be entered as an official action of the Board. Should the Board amend the proposed order, the executive director shall contact the respondent to seek concurrence. If the respondent does not concur, or should the Board disapprove the proposed order, the case shall be rescheduled for purposes of reaching an agreed order, or in the alternative forwarded to the designated Board attorney for formal action. C. Formal Disposition of a Contested Case. All contested cases not resolved by informal conference shall be referred for hearing. 1. Notice. The respondent shall be entitled to reasonable notice of not less than thirty (30) days. Notice shall include: a. a statement of the time and place of the hearing; b. a statement of the offense or offenses for which the licensee is charged; c. a copy of the complaint. 2. Service of notice. The notice of hearing and a copy of the formal complaint shall be served by mailing a copy thereof by certified mail, postage prepaid to the respondent’s last known residence or business address at least thirty (30) days prior to the hearing. a. Filing of documents. All pleadings and motions relating to any contested case pending before the Board shall be filed at the Board office and shall be deemed filed only when actually received. Copies of all pleadings and motions shall be served on Board counsel. b. Motion for Continuance. Continuances may be granted by the Board.

c. Transcription. All proceedings shall be transcribed by a court reporter. The agency may pay the cost of the transcript or assess the cost to one or more parties.

History

• Source: Miss Code Ann. § 73-67-27, as amended

30 Miss. Admin. Code Pt. 2501, R. 8.5 Sanctions

A. Civil: The Board may impose any of the following sanctions, singularly or in combination, when it finds that a licensee is guilty of any of the offenses including but not limited to those referred to in Chapter 8: 1. Issuance of a letter of official reprimand to the licensee; 2. Refusal to renew license; 3. Restriction or limitation of the individual’s scope of practice; 4. Suspension of the licensee for any period of time; and 5. Revocation of the license. 6. Reasonable and customary fines and penalties. B. Criminal Liabilities: 1. Any person(s) found guilty of prostitution using as any advertisement, claim or insignia of being an actual licensed massage therapist or to be practicing massage therapy by using the word “massage” or any other description indicating the same, whether or not such person(s) have one or more such license for person(s) or establishment(s), shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), or imprisonment of up to six (6) months, or both, per offense, per person. 2. Any person who knowingly participates in receiving illegal services of any person found guilty as described in paragraph (a) of this subsection, upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month in jail, or both. Persons officially designated to investigate complaints are exempt. 3. Any person who violates any provision of this act, other than violation(s) of paragraph “B (1)” of this subsection, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) unless otherwise specified, or imprisonment for up to one (1) month in jail, or both, per offense.

History

• Source: Miss Code Ann § 73-67-15 (1) (p), as amended; § 73-67-19 (3), as amended; § 73-67-27 (3), as amended

30 Miss. Admin. Code Pt. 2501, R. 8.6 Disciplinary Appeal

A. An accused may appeal the decision of the Board to the Circuit Court of Hinds County. B. An applicant may appeal the decision of the Circuit Court to the Mississippi Supreme Court. C. Further appeal shall be pursuant to any remedies available by law.

History

• Source: Miss Code Ann. § 73-67-19, as amended

30 Miss. Admin. Code Pt. 2501, R. 8.7 Reinstatements Following Disciplinary Action

A. Any person or school whose license or provisional permit has been suspended as a result of a disciplinary action may totally reapply for licensure, including payment of all fees, one (1) year after the revocation of the license unless otherwise provided in a Board order. All current requirements for licensure must be met. B. The Board may, at its discretion, grant reinstatement of the license following a disciplinary appeal.

Part 2501. Chapter 9. Instructor and School Qualifications

History

• Source: Miss Code Ann. § 73-67-15 (1) (j), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.1 Instructor Qualifications

Any person involved in the instruction of students must be licensed by the Board as an Instructor in all Mississippi Board approved schools of massage therapy, during any part of the 600 hours required by MSBMT. Every instructor must be a licensed massage therapist in good standing with this Board unless exempt from this provision by § 73-67-5 or the exceptions for CPR, First Aid or HIV/AIDS training, Law, Business, Pathology, Anatomy and Physiology, or Kinesiology lecture instructors who must have other qualifications as specified below. A. A massage therapist desiring to be licensed as a massage therapy instructor under Category A, B, H, L, or M shall produce evidence satisfactory to the Board of Massage Therapy that the applicant meets the following general requirements: 1. is a graduate from a qualified school of massage therapy; and 2. is a licensed massage therapist in good standing with the Board with a license status of active, inactive, or retired; and 3. has lawfully practiced massage therapy for at least three (3) years; and 4. has completed a Board approved course of at least 20 hours in teaching skills for adult education. B. A person desiring to be licensed under Category M as a massage therapy instructor shall specify each specific therapy technique or modality, clinic, or palpatory anatomy / kinesiology. The Board of Massage Therapy will list the approved subjects on the applicant’s instructor license for Category M. The applicant shall produce evidence satisfactory to the Board of Massage Therapy in the following: 1. For teaching basic massage theory, Swedish and/or relaxation therapy, deep tissue or clinical practicum-related modality the applicant meets the requirements of Rule 9.1.A. 2. For teaching palpatory anatomy / kinesiology or a specific therapy technique or modality shall produce evidence satisfactory to the Board of Massage Therapy that the applicant meets the requirements of Rule 9.1.A and has completed at least two (2) times the hours of education in the subject matter. C. A person desiring to be licensed as an instructor of pathology, anatomy lecture, physiology lecture, kinesiology lecture or AIDS/HIV and infectious disease awareness (Category A) shall produce evidence satisfactory to the Board of Massage Therapy that the individual either:

1. has a minimum of a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the US Department of Education, or a substantially equivalent accrediting body of a foreign sovereign state, with a major in pathology, anatomy, physiology, kinesiology, sports medicine, exercise physiology, nursing, education with a concentration in biology or a substantially equivalent major; or 2. shall meet the requirements of Rule 9.1.A if a massage therapist, and has accumulated a minimum of 270 classroom hours of discrete science courses related to the human body. Acceptable courses are pathology, anatomy, physiology, kinesiology, palpatory anatomy, or AIDS/HIV and infectious disease. Each course must be documented in a transcript from a Board-approved school of massage therapy and / or from a college or university which is accredited by a regional accrediting body recognized by the U.S. Department of Education or a substantially equivalent accrediting body of a foreign sovereign state. As documented on a transcript, one college or university semester credit shall be converted to fifteen (15) classroom hours for lecture courses and to thirty (30) classroom hours for laboratory courses. As documented on a transcript, one college or university quarter credit shall be converted to ten (10) classroom hours for lecture courses and to twenty (20) classroom hours for laboratory courses. Only courses that were successfully completed with a grade of “C” or higher will be accepted; or 3. is a licensed physician (MD), osteopath or chiropractor. D. A person desiring to be licensed as an instructor of business practices and marketing (Category B) shall produce evidence satisfactory to the Board of Massage Therapy that the individual either: 1. if a massage therapist, meets the requirements of Rule 9.1.A, and has at least three (3) years of experience as a full-time practicing massage therapist and owner / operator of a massage therapy establishment; or 2. has a minimum of a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the US Department of Education, or a substantially equivalent accrediting body of a foreign sovereign state, with a major in business, marketing, or a substantially equivalent major. E. A person desiring to be certified as an instructor of Mississippi Law, Rules and Regulations pertaining to massage therapy (Category L) shall produce evidence satisfactory to the Board of Massage Therapy that the individual either: 1. if a massage therapist, meets the requirements of Rule 9.1.A; or 2. is licensed to practice law in Mississippi, as evidenced by a certificate from the Supreme Court of Mississippi that the individual is a member in good standing of the bar of that Court. F. A person desiring to be licensed as an instructor of hydrotherapy, safety, hygiene and/or sanitary practices (Category H) shall produce evidence satisfactory to the Board of Massage Therapy that the individual either: 1. if a massage therapist, meets the requirements of Rule 9.1.A; or 2. has specialized training satisfactory to the Board; or 3. has a minimum of a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the US Department of

Education, or a substantially equivalent accrediting body of a foreign sovereign state, with a major in nursing, or a substantially equivalent major. G. A person desiring to be approved as an instructor of CPR, First Aid or AIDS/HIV and infectious disease awareness (Category C) shall produce evidence satisfactory to the Board of Massage Therapy that the individual is certified by the Red Cross, The American Heart Association, or another organization recognized by the Board, as an instructor in these topics. Individuals who will teach only CPR and First Aid are not required to be a MSBMT licensed instructor as long as their credentials are on file at the school. H. 1. Temporary Instructor License may be granted for a period of ninety (90) days when a school can show proof of an emergency need including but not limited to the following conditions: a. The unexpected resignation or termination of an instructor immediately preceding the scheduled class. b. The absence of an instructor due to illness, bereavement, relocation, or military deployment. c. Increase in class enrollment that dictates additional staff to meet the Instructor/Student ratio requirements. 2. The Temporary Instructor License application must include the following: a. certification from all states in which the applicant holds a license and/or educational credentials in the area of instruction. b. payment in the form of a cashier’s check or money order in the amount of One Hundred Dollars ($100.00) payable to MSBMT. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. Unless otherwise indicated, the temporary instructor may be provided full licensure after obtaining approval from the Board with no additional fee required. 3. Renewals will not be granted for a temporary instructor license. I. Instructor certificates must be prominently displayed in the Board approved school where instructing. J. If a licensed instructor is teaching at two (2) or more Board approved schools, a separate certificate must be prominently displayed at each location. K. The Board licenses instructors and has the right of acceptance or revocation for cause. L. All instructor licenses are valid for a two (2)-year period that expires on June 30 th of even years. Schools may submit instructor renewals; however, the instructor is responsible for ensuring that the renewal is filed in a timely manner. No instruction may be provided under an expired license. A $100 late fee will be charged on instructor renewals filed after June 30 th . Renewals may be accomplished by either online renewal or by paper renewal: 1. If by online method, the renewal may be initiated between April 1 st and June

th of 2017 and in subsequent even years. No additional areas of instruction will be licensed via the online renewal method. 2. If by paper form, the renewal applications must be submitted on forms prescribed by the Board and must be submitted by June 15 th of 2017 and in subsequent even years. The licensee must renew by this method to seek approval of any additional areas of instruction not authorized on the current license.

History

• Source: Miss Code Ann. § 73-67-35, as amended; § 73-67-7, as amended; § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.2 School Application for License

A. Any school making application for a license under the Mississippi Professional Massage Therapy Act should contact the Board through its website, www.msbmt.ms.gov or directly at director@msbmt.state.ms.us for further directions. 1. The application packet fee is $25.00 and must be submitted by certified check or money order; however, there is no charge for downloading the application from the web. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. 2. After receipt of the written request, and a $25.00 application fee, each prospective applicant will be sent a copy of the Mississippi State Board of Massage Therapy Regulations and a copy of the application packet. B. The completed application must be returned to the Board along with a non-refundable application fee of Five Hundred Dollars ($500.00) payable to MSBMT (Mississippi State Board of Massage Therapy). C. A surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of The Mississippi State Board of Massage Therapy is required. The bond form must be completed and signed by the Insurance Company or Agency. See Attachment ‘C’. D. Applicants may file in lieu of the bond, cash, a certificate of deposit or government bonds in the amount of Fifty Thousand Dollars ($50,000.00). E. Schools shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students. The Board shall be provided a copy of such policy and notified of any changes or renewals. F. A license shall be granted or denied within sixty (60) days after receipt of the completed application by the Board of Massage Therapy. G. All school locations shall meet all requirements set forth in these Regulations. This shall include, but is not limited to the following: 1. Providing complete verification of all information and commitments made in the application for a license or renewal, including but not limited to the following: a. General School Information b. Instructional Equipment c. Job Placement Services d. The Student Enrollment Contract e. Additional Information f. Annex Locations g. Facility Information h. Program of Study Information i. Instructors j. Student Grievance Procedures k. School Ownership l. Evaluation System m. Disclosure of Information to Students n. Documents Verifying Completion of a Program of Study

o. Financial Resources Information p. Adherence to Refund Policy q. Administrators r. Bond Information s. School Financial Status (Solvency) an income statement and balance sheet for the previous 2 years (as a minimum) 2. Making available all records related to the above statement upon request. 3. Meeting all applicable health and safety standards that may be required by local, state and federal agencies including, but not limited to a current local jurisdiction business permit and a current fire inspection report. 4. Agreement to notify the Board within 10 working days of changes in any of the following: a. Ownership b. School Name c. Agents d. School Director e. Instructors f. Programs of Study g. Facility Standards h. Instructional Equipment i. Loss of Financial Aid Program Eligibility j. Financial Stability k. Job Placement Service l. Evaluation System 5. Agreement to maintain all premises, equipment, and facilities of the school in adequate, safe, and sanitary condition. 6. Agreement to make enrollees accessible to be interviewed for the purpose of securing information to verify compliance with the conditions of the application for a license or license renewal. H. All school locations are subject to announced and unannounced visitation by the Board of Massage Therapy or its representatives. I. Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education may submit evidence of current accreditation in lieu of other application request. 1. The school’s application submitted on evidence of national accreditation must clearly and completely identify the school’s compliance with all of the Board’s application requirements and the requirements of this Chapter, including payment of fees. Failure to do so may result in denial of the school’s application. 2. Applications submitted on evidence of national accreditation must be approved or denied within sixty (60) days after receipt. If no action is taken within sixty (60) days, the application shall be deemed approved and a massage therapy license must be issued.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.3 Annex School Locations

A. A license is only valid for the school and courses for which it is issued. A license does not include other schools or additional locations, unless the Board of Massage Therapy has approved annex or franchise locations on the license application or license renewal application. B. Annex Locations 1. An annex is an additional location that a license may include if: a. The location offers exactly the same courses as the licensed school; and b. The location is under the same ownership, management and control as that of the licensed location. 2. An annex location must be applied for on the license. 3. The annex location must meet all the requirements set forth in these Regulations. 4. Annex locations must have the same name as the licensed location, distinguishable by individual site location. 5. All policies, procedures, tuition, fees, catalogs, and academic calendars utilized at the licensed location must also be utilized at the annex location. 6. If a license is suspended, revoked, or canceled by the Board of Massage Therapy, the licensed school and all annex locations must comply. 7. The approved annex location will be a permanent additional location of the licensed school. This location must always be identified as an annex location on each application for a license renewal.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended;

30 Miss. Admin. Code Pt. 2501, R. 9.4 Refund Policy

Each school is required to take and keep a record of student attendance for each individual course meeting. The following Refund Policies shall be stated in the school’s catalog. The total tuition charges shall be divided evenly among the quarters. If a student withdraws or is discontinued after instruction is begun during the first quarter of any program the school may retain no more than: A. 0% of the quarter’s tuition if the termination is during the first week of instruction; or B. 25% of the quarter’s tuition if the termination is during the second week of instruction; or C. 50% of the quarter’s tuition if the termination is during the third week of instruction; or D. 75% of the quarter’s tuition if the termination is during the fourth week of instruction; or E. 100% of the quarter’s tuition if the termination occurs after the fourth week of instruction. If a student withdraws or is discontinued after instruction is begun during the second or any subsequent quarter of a program the school may retain no more than: A. 25% of the quarter’s tuition if the termination is during the first week of instruction; or B. 50% of the quarter’s tuition if the termination is during the second week of instruction; or C. 75% of the quarter’s tuition if the termination is during the third week of instruction; or

D. 100% of the quarter’s tuition if the termination occurs after the third week of instruction. Prospective Student’s Signature: ______________________ Date: __________________ School Official’s Signature: __________________________ Date: _________________

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended)

30 Miss. Admin. Code Pt. 2501, R. 9.5 Disclosure of Information to Students

Prospective students are entitled to sufficient data which will assist them with making informed decisions regarding training opportunities and institutions. A school is therefore obligated to provide sufficiently detailed data in advance of enrollment to enable prospective students to clearly understand their opportunities, limitations, and obligations. The following information must be fully disclosed to prospective students prior to enrollment and prior to the signing of an enrollment contract or agreement. *A. Recruiting Policies *B. Admission Requirements *C. Academic Calendars *D. Grading System Used By the School *E. Graduation Policy *F. Program Length *G. Objectives of the Programs of Study *H. Licensing Requirements for Jobs *I. Student Support Services *J. Campus Security Policy *K. School’s Refund Policy *L. Withdrawal Procedures M. Tuition and Fees (what is / is not included) N. The percentage of students who have completed their program of study within 150% of the normal time for completion of or graduation from the program of study. O. The percentage of your graduates employed in their field of study or related field, within six months after completion of or graduation from their program of study. P. The percentage of student mastery of stated program of study goals. Q. A list of post-secondary educational institutions that have accepted credit from your institution. *R. Complaint policy to resolve issues between students and school and staff. * Those items listed above that are marked with an asterisk may be disclosed via the student catalog. The items listed above that are not marked with an asterisk must be provided separately from the student catalog and enrollment contract or agreement. This information must be maintained by the school for verification of compliance with this regulatory requirement.

9.6 Admissions and Recruitment. A. Admissions

1. The admission policy shall conform to the school’s philosophy and objectives, shall be publicly stated, printed and made available to its students) and shall be administered as written. 2. The school is required to maintain student records which reflect the requirements for admission of all students. 3. An applicant must be eighteen (18) years of age, or older, on the date the application is submitted. 4. An application must provide proof of high school graduate equivalency. 5. An applicant must be of legal status not only to receive a license, but also to work in the State of Mississippi with that license. 6. Any and all requirements regarding good moral character and competency, as provided for in § 73-67 and in accepted codes of ethics, shall be met. 7. A school shall conduct an orientation session for persons who have applied for admission or who are considering application for admission. Such orientation shall include an overview of the program’s educational objectives and curriculum, the academic and physical requirements of the program, existing employment opportunities in the field, the time and financial requirements of the program, and state requirements for licensure. 8. A school shall conduct a pre-enrollment interview with each applicant to determine the applicant’s qualifications. The information gathered should include, but not be limited to, criminal record relating to a misdemeanor or felony, a determination regarding the persons cognitive, motor and behavioral skills, moral character necessary for admission into the profession and completion of the program of massage therapy and bodywork. The information gathered from this interview shall be evaluated with all written documentation submitted by the applicant before the school renders a decision of the application. 9. A school shall maintain written documentation of the basis for admission of the student. Such records shall include copies of high school diploma or transcripts, proof of age, and other specific admission requirements of the school. 10. Documentation of the reasons for the denial of admission of any student shall be maintained for at least three (3) years. B. Recruitment 1. Recruiting shall be ethical and compatible with the educational objectives of the school. 2. The school should provide, in writing, the information being communicated to students. This will insure that each representative is communicating current and accurate information. Recruitment information should include the following: a. Programs of Study and Individual Courses b. Tuition and Fees c. Terms d. School Operating Policies e. Certificates f. Diplomas g. Transfer of Credit Hours h. Graduation Policies i. The percentage of students who have completed their program of study

within 150% of the normal time for completion of or graduation from the program of study. j. The percentage of your graduates employed in their field of study or related field, within six months after completion of or graduation from their program of study. 3. Representatives of the school shall use only those titles which accurately reflect their actual duties and responsibilities.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended
• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.7 Advertisement

A. Any promotional literature used by a school must be presented in such a manner as to be factual with respect to services offered and / or benefits received. B. A school licensed by the Board of Massage Therapy shall use the statement “Licensed by the Mississippi State Board of Massage Therapy, License No. ______” on all advertising, both oral and written, and on all school publications. It shall be the responsibility of the Board-approved school to verify and include current license numbers in all advertising, no matter the format. Failure to comply is subject to penalty assessed by the Board up to One Thousand Dollars ($1,000.00) per offense. C. Massage schools that advertise for student clinic, or any other type of student massage, must conspicuously include the respective words “student massage” within the advertisement. The advertisement may include the prices for student clinical services.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended; § 73-67-29 (6), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.8 Records

A. Each school shall develop and maintain adequate records pertaining to students and the school’s administrative operations. These records should include, but are not limited to the following: 1. Student attendance for each individual course meeting via daily sign-in sheets. 2. Administrators 3. Instructors 4. Staff 5. Student activities 6. Student academic records 7. Student enrollment 8. Student admission 9. Student enrollment contracts 10. Financial aid information 11. Job placement service information 12. Program of study and individual courses 13. Graduation information 14. Instructional supplies and equipment 15. The Library or the Instructional Resource Center 16. The physical facility

17. Student withdrawals 18. Student refund policy 19. Student financial records (tuition, fees, payments, refunds, etc.) 20. Student complaints B. A permanent academic record (transcript) shall be maintained of the student’s progress. Compatible with the school’s philosophy and objectives, the transcript shall indicate student accomplishment in terms of clock hours. The grading system used shall be fully explained on the transcript. C. Each school shall maintain a record listing of all students who enroll which shall include, but is not limited to the student’s name, address, telephone number, social security number, programs of study, start date, and anticipated graduation date. This information should be current as of the date on which the student enrolls and shall be available for inspection by or submission to the Board of Massage Therapy. D. All basic records and reports pertaining to students and staff shall be maintained so that they will be safe from theft, fire, or other possible loss. E. In the event that a school closes its facility, the Board of Massage Therapy must be informed of: 1. The location of all student records; and 2. Information pertaining to how students may obtain these records.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.9 Certificates or Diplomas

The conferring of diplomas, degrees, certificates, or other written evidence of proficiency issued by a school shall be consistent with applicable state laws.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.10 Instructional Resources and Materials

A. The instructional resources, including audiovisual teaching equipment and instructional materials, shall meet the needs of the school’s educational program. B. An evaluation of this material may be conducted to verify items listed on the application for new and existing schools. C. A school should have available, and make easily accessible, to faculty and students such standard references relative to the educational philosophy and objectives of the school. Availability and utilization of audiovisual equipment is also important.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.11 Educational Facilities

A. Each school must provide an environment that is conducive to effective instruction, promotes learning, and supports the educational programs offered by the school. B. The buildings, classrooms, equipment, furniture, grounds, instructional tools, instructional facilities, machinery, and other physical requirements of the educational program shall be appropriate and shall contribute to the achievement of the educational philosophy and objectives of the school.

C. The school shall meet the general test of safety, usefulness, cleanliness, maintenance, health, lighting, and compliance with any local or state laws governing physical facilities, particularly with respect to fire, safety, and sanitation.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.12 Classroom Facilities

A. Academic Classes 1. Classroom size: regular classrooms shall contain a minimum of 600 square feet of floor space, or a minimum of 20 square feet per student enrolled, whichever is greatest. 2. Equipment: Every classroom shall provide appropriate equipment for students and teachers. a. Individual student seats and desks or tables and chairs chosen for comfort b. Teacher’s desk c. Filing and storage facilities d. Sufficient amounts of chalkboard and tack board e. Shades or Venetian blinds to improve visual comfort and efficiency f. Adequate laboratory facilities, equipment, and supplies for courses offered. B. Non Academic and Clinic Classes 1. Classroom Size: The minimum size of the classroom shall be 600 square feet and equipped to provide the greatest possible learning experience. 2. Classroom Equipment will conform to the section under ‘Academic’ above. 3. In Clinical, laboratory or skills training classes, a minimum of one massage table per every three students enrolled. 4. Massage tables shall have a minimum of three (3) feet spacing around each table.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.13 Student – Instructor Ratio

A. The student-instructor ratio should be reasonable at all times in keeping with general accepted teaching modes for the subject matter. Skills training require more individual instruction or attention thereby requiring smaller classes. Student enrollment for any class that exceeds the following ratios requires the presence of a qualified instructor assistant. 1. The student-instructor ratio shall not exceed 20 to 1. 2. Ratios for skills training, laboratory or clinical instruction shall not exceed 15 students per instructor.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.14 Educational Standards

A. The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure by the Mississippi State Board of Massage Therapy. B. Instructional practices: Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes (a) well defined Learning Objectives, (b) systematic planning, (c) selection and use of varied types of learning materials and experiences, (d) adaptation of organization and instructional procedures to student needs, (e) use of varied evaluation instruments and procedures, and (f) good student and teacher morale. C. Each Board approved school of massage therapy must provide proof to the Board of an annual pass rate that meets or exceeds the current minimum standard as established by the Board. All Board approved schools must include a comprehensive review class of no less than sixteen (16) hours, which is part of the approved curriculum and must be passed with a grade of “C” or above. D. Each Board approved school of massage therapy must provide a list of graduates to the Board noting status of MSLE or appropriate waiver. This list must accompany the annual report. E. School Licenses 1. Temporary licenses are issued for a 1 year period. These licenses are issued to new schools with less than two (2) graduating classes. Annual reports are required and are due by July 16 th of each year unless otherwise specified. Prospective students prior to enrolling and enrolled students must be notified in writing of the schools temporary status. Schools with a temporary Board status license must include three (3) hours to sit for and pass a board comprehensive exam. 2. Probationary licenses indicate warning status and are issued for a 1 year period. These licenses are issued to new schools with less than two (2) graduating classes and with any significant violation(s) in the most recent year. Annual reports are required and are due by July 16 th of each year unless otherwise specified. Prospective students prior to enrolling and enrolled students must be notified in writing of the schools probationary status. Schools with a probationary Board status license must include three (3) hours to sit for and pass a board comprehensive examination. 3. Conditional licenses are issued to schools for a 1-year period. These licenses are issued to schools with two (2) or more graduating classes and with any of the following: a. Any significant violation(s) in the most recent year. b. Either the school’s annual pass rate or the school’s comprehensive pass rate does not meet or exceed the Board’s current minimum standard. Annual reports are required and are due by July 16 th of each year unless otherwise specified. Prospective students prior to enrolling and enrolled students must be notified in writing of the school’s conditional status. 4. Non-conditional licenses are issued for a 2-year period. These licenses are issued to schools with two or more graduating classes and with all of the following:

a. No significant violation(s) in the most recent year. b. Either the school’s annual pass rate or the school’s comprehensive pass rate meets or exceeds the Board’s current minimum standard. Annual reports are required and are due July

th of each year. c. Conditional license status for schools that previously held a non- conditional license shall not exceed 2 years. 5. The combined temporary, probationary, and/or conditional license status for schools shall not exceed a 5-year consecutive period before moving to a non- conditional license status. 6. The license for each school shall expire on October 31, from the calendar year for the period issued. F. Massage therapy school owners, instructors, and/or employees or contractors of the school shall adhere to generally accepted Code of Ethics as well as the Mississippi Board of Massage Therapy Code of Ethics and shall regard students with the same care and consideration as clients. G. The Board of Massage Therapy will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Professional Massage Therapy Act.

History

• Source: Miss Code Ann. § 73-67-15 (1) (g) (h), as amended; § 73-67-35, as amended; § 73-67-

30 Miss. Admin. Code Pt. 2501, R. 15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.15 Attendance and Sign In Sheets

A. If a student misses more than 10% of any course for any reason, the specific coursework missed must be repeated. B. A sign in sheet must be retained on file with other class records to include the students name, signature, date, class title, time in/time out, instructors signature and assistant’s signature (if applicable). No class credit shall be given for lost or missing sign in sheets, or for failure of a student to sign in.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.16 Employments Based on Commission

No school may employ a recruiter on the basis of a commission, bonus or quota.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.17 Changes during the School Licensure Period

The Board of Massage Therapy must be informed immediately of any changes in the following areas: 1. Ownership 2. School Name 3. Instructors 4. Programs of Study 5. Evaluation Methods 6. Job Placement Service 7. Administrators

8. Financial Stability 9. Location 10. Accreditation status, including violations 11. Prior to any Change of Ownership

History

• Source: Miss Code Ann § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.18 School Change of Ownership, Location or Trade Name; Addition of Partners; Renovation of Existing School

A. No license is transferable from one owner or partner to another or from one location to another. B. School owners or partners who contemplate selling or transferring the ownership of a school must notify the Board, in writing, prior to sale or transfer. A temporary license, not to exceed 90 days, will be issued by the Board effective the date of sale or transfer. C. An application for Initial School Approval must be submitted to the Board by the prospective new owners or partners, in accordance with Rule 9.2 within 30 days following completion of a sale or transfer. D. Upon receipt of a completed Application for School Approval, the Board may conduct an inspection. The inspection will be conducted in order to determine that all requirements as indicated in the application, have been strictly adhered to by the owners and/or partners. The inspection will be performed by two or more agents of the Board, at least one of which may be a Board member for purposes of determining: 1. Suitability of: a. the location b. rooms, including adequacy of floor space, plumbing, lighting, etc., in accordance with the floor plan. c. items of equipment and material. 2. School has met building or fire code requirements as evidenced by inspection report of local authorities. 3. Satisfactory evidence of proper provisions for duly licensed instructors and manager/ supervisor. 4. The findings of this inspection will be submitted to the Board for its approval at its next regular meeting, and the applicant will be notified in writing, of the decision of the Board, within 30 days. 5. If all requirements and qualifications are met, written approval will be issued. No school will be considered approved for licensure until same has been executed. 6. The Massage Therapy Board reserves the right to deny school approval to any applicant who fails to meet the requirements for conducting a school and/or who fails to present satisfactory evidence of his or her business, professional and personal integrity. E. In most cases, violators will be given the opportunity to resolve first instances of noncompliance. Failure to respond to the violation will be recommended to the Board for administrative hearing or for referral to the proper city / county authorities. 1. There will be a $500.00 charged to the school for each additional inspection required due to noncompliance.

2. A second offense of the same violation within a three (3) year period will be recommended to the Board for administrative hearing or for referral to proper city / county authorities.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended)

30 Miss. Admin. Code Pt. 2501, R. 9.19 Evaluation of a School

A. The Board of Massage Therapy may conduct periodic announced and unannounced evaluations of a school. B. These evaluations will be to determine if the school is complying with the Mississippi Professional Massage Therapy Act and MSBMT Regulations. This evaluation will also be used to verify that the school is in compliance with material presented in its application. C. Any of the following areas may be evaluated during visitation: 1. General School Information (Location, Telephone, Advertisements, etc.) 2. Type of Ownership 3. Personnel, including Instructors 4. Equipment 5. Evaluation System 6. Job Placement Services 7. Disclosure of Required Information to Students 8. Financial Resources 9. Facilities 10. Refund Policy Procedures. 11. Program of Study and Individual Course Information 12. Documentation of the instructor’s educational qualification under Rule 9.1.A.3 for instructor license Category M for each specific subject in the curriculum taught by the instructor. D. The school will be notified of the results of the evaluation, and may be requested to provide information concerning any questionable areas. E. The school shall provide a compliance plan for any violation of deficiency noted.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.20 School Closing

In the event that a school closes a facility, the following is required: A. The Board of Massage Therapy must be informed within sixty (60) days of: 1. Proof of official closing date. 2. Proof of reason for the closure. 3. Proof of method developed to assist students with the completion of their program of study and individual courses. 4. Proof of notice sent to all currently enrolled students, notifying them of the closure. 5. Proof of notice given to students indicating where they may obtain any of their records. 6. Proof of disposition of student records, with a contact person, complete address, and telephone number and how students’ information may be obtained.

7. Proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information. 8. Proof of certified transcripts for each currently-enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. B. In the event a school files a bankruptcy petition, a certified copy must be filed with the Board of Massage Therapy.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.21 School License Renewal

A. The following information must be returned simultaneously to the Board of Massage Therapy no later than July 15 th preceding the expiration date of the current license: 1. The License Renewal Application completed in its entirety, and signed by the school owner. Be certain that all sections are completed and included. 2. An application renewal fee of $500.00 is payable to the Board of Massage Therapy. B. If the renewal fee and application are not received by July 15 prior to the expiration date of the school’s current license, in addition to the renewal fee, a delinquent fee of $500.00 will be assessed unless an extension is otherwise granted by the Board. C. If the renewal application and renewal fee are not received by the expiration date of the current license, the current license will expire and the school or college must reapply as a new applicant. The licensed school and all annex and franchise locations will be notified to cease operation. A copy of this notification will be sent to the Attorney General’s Office. D. All programs of study, including any change of program must be approved by the Board of Massage Therapy at least thirty (30) days prior to being offered to students. E. Upon receipt of a completed Application for School Approval or a renewal application, the Board shall conduct an inspection. The inspection will be conducted in order to determine that all requirements as indicated in the application have been strictly adhered to by the owners and/or partners. The inspection will be performed by two or more agents of the Board, at least one of which may be a Board member.

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 9.22 School License Suspension / Revocation or Denial

A. The Board of Massage Therapy may suspend, revoke or deny a license for any one (1) or any combination of the following causes: 1. Violation of any provision of § 73-67 or any regulation made by the Board; 2. The furnishing of false, misleading or incomplete information requested by the Board; 3. The signing of an application or the holding of a license by a person who has pleaded guilty or has been found guilty of a felony or has pleaded guilty or been found guilty of any other indictable offense.

4. The signing of an application or the holding of a license by a person who is addicted to the use of any narcotic drug, or who is found to be mentally incompetent; 5. Violation of any commitment made in an application for a license. 6. Presentation to prospective students of misleading, false or fraudulent information relating to the course of instruction, services, supplies or equipment offered, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing courses offered by the holder of a license; 7. Failure to provide or maintain premises or equipment for offering courses of instruction in a safe and sanitary condition; 8. Failure to maintain financial resources adequate for the satisfactory conduct of courses of study as presented in the plan of operation or to retain a sufficient number and qualified staff or instruction; 9. Conviction or a plea of nolo contendere on the part of any owner, operator or director of a licensed school of any felony under Mississippi law or the law of another jurisdiction; 10. Incompetence of any owner or operator to operate a school. 11. The Board may suspend a license upon the failure of a school to pay any fee, fine or penalty as required unless such a failure is determined by the Board to be for good cause.

Part 2501. Chapter 10. Continuing Education Requirements

History

• Source: Miss Code Ann. § 73-67-15 (1) (s), as amended

30 Miss. Admin. Code Pt. 2501, R. 10.1 Continuing Education Requirements

A. Each licensed massage therapist shall complete a minimum of twelve (12) hours of continuing education units (CEUs) each calendar year. Three (3) hours of Mississippi Law, Rules and Regulations, three (3) hours of Ethics three (3) hours of CPR/First Aid, and one (1) hour relating to human trafficking, and the remaining fourteen (14) hours as provided in Rule 10.2.A.2 will be required per renewal period. CE hours do not expire. B. Presenter / moderators / instructors of courses shall not receive credit for courses they present. C. CEU’s will be tracked through the CEU provider reporting system. It will be the responsibility of the licensee to submit copies of certificates with the electronic renewal. D. Failure of the massage therapist to satisfy the requirements of this rule results in the inability to renew or reinstate licenses.

History

• Source: Miss Code Ann. § 73-67-7 (c), as amended; § 73-67-15 (1); § 73-67-17 (d)

30 Miss. Admin. Code Pt. 2501, R. 10.2 Requirements for Board Approval of Continuing Education Provider and Programs

A. For the purpose of renewing or reinstating an LMT license, credit for continuing education units (CEUs) will be awarded only for providers and programs registered and recognized by the Board. Each provider must make application for Board approval on forms provided by the Board, submit non-refundable fees in accordance with Chapter 2

for a biennial approval and demonstrate that the provider has met the requirements set forth by the Board. 1. The provider must retain a “sign-in sheet” with the signature of participants and copies of any promotional materials for at least four (4) years following each program. The provider must furnish each participant with a certificate or letter of attendance verifying that the program has been completed. The certificate or letter shall not be issued until completion of the program and shall contain the provider’s name and number, the title of the program and instructor, the date, the number of CEU hours, and the therapist’s name and license number. . A CEU certificate cannot be issued for other than the number of hours approved. 2. Each program presented for Mississippi CEU credits shall be relevant to and focus on a. massage theory, practice, methods, or b. the Mississippi Professional Massage Therapy Act and the MSBMT Rules and Regulations, or c. ethical principles pertaining to the practice of massage therapy, including such topics as i. a code of ethics, ii. management of the client / therapist relationship, iii. boundary functions iv. professional communication skills v. conflict resolution vi. cultural diversity issues, vii. other ethics topics as approved by the Board on a case-by-case basis, or d. the structure, function, kinesiology or pathologies of the human body relevant for a massage therapist, or e. methods, skills, and strategies for effective instruction and assessment for teachers, or f. human trafficking. 3. Programs shall comply with the following: a. Each program shall have stated Learning Objectives. b. Each classroom program shall have an instructor physically present with the learners for the entire length of the program. c. Each distance program shall have and the provider shall submit to the Board: i. For each on-line program, two (2) codes in order that the Board may access the Provider’s website to review all information relative to the distance program. ii. For each home-study program, two (2) printed copies or one (1) electronic copy of all reading material, and two (2) copies of other course materials (e.g., DVDs) in order that the Board may review all information relative to the distance program. iii. The results of a pilot program or a description of the means for determining the number of hours of continuing education requested for the proposed program.

iv. The documented procedure of how the provider will validate the successful completion of the program, and a copy of the assessment methods. If the provider’s assessment method includes a written examination, it shall contain a minimum of five (5) questions for each hour of continuing education credit, and the questions shall assess the learner’s competence for the specific Learning Objectives. The format of the exam questions shall be essay, short-answer, or multiple-choice. Multiple-choice formats must include a minimum of four (4) answers, and the incorrect answers should represent logical errors in thinking that the learner who has not read the material could have made. v. A written statement advising who will be able to take the program (i.e., will it be limited to a particular group or will it be open to the general massage therapy profession). d. If the program includes training on the use of a hand-held electrical massage device, the program shall: i. state the device-specific model and manufacturer, ii. have specific Learning Objectives for the device-related portion of the program, iii. identify the resources used in the training for the device, iv. provide the assessment means used to verify the learner’s competence for the Learning Objectives for the device, v. the specific schedule for device-related instruction within the program, and vi. provide documentation and information on the instructor’s training / qualifications related to the device: 1) how the education was obtained, including the name and qualifications of the person providing the training, 2) the resources that were used in the education training, 3) the means used to assess the instructor’s comprehensive understanding of the use of the device, and 4) the approximate duration of the training. e. Mississippi CEU credits may be approved for programs which are for business, marketing or self-care at the discretion of the Board. No Mississippi CEU credits will be approved for programs which exceed the scope of knowledge for massage therapy practice as described in § 73-67- 7 (g). 4. Each program presented for Mississippi CEU credits shall be taught by a person who: a. holds a minimum of a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the United States Department of Education, or a substantially equivalent accrediting body of a foreign sovereign state, with a major in a subject directly related to the content of the programs to be offered; or, b. has completed at least three (3) years of professional experience in the practice of massage therapy; and provides documentation of having

(i) within the last five years of practical experience, had a minimum of two (2) years teaching experience in the subject matter to be offered; or (ii) completed specialized training in the subject matter satisfactory to the Board and has a minimum of two (2) years of practical experience in the subject; or (iii) taught courses similar to the program a minimum of three (3) times in the past two (2) years before a professional convention, professional group’s organized meeting, or at a massage therapy school. 5. The provider must provide to the Board, in writing, the name and address of the person responsible for ensuring that each program meets the requirements of Rule 10.2.A and said person shall so certify in the application for provider approval. B. Providers must have approval, in writing, from the Board before advertising or presenting a program. In the event a provider does advertise approval by the Board or present the program and approval has not been granted in writing, that provider will be subject to a fine not to exceed $1,000.00 and will be subject to a period of up to two years, during which time no application for approval of continuing education programs by that provider will be considered for approval. At the end of that two-year period all fines must have been paid before any applications are considered for any future programs by that provider. Providing information concerning continuing education of massage therapy in national massage publications and out-of-state instruction/ education/ information materials shall not constitute advertising as provided in §73-67-29 (4). C. Program Approval. Providers approved pursuant to Rule 10.2.A may obtain two- year approval for all programs to be offered during their period as an approved provider. Providers may obtain program approval by making timely application on a form approved by the Board, submitting a non-refundable program fee of $50.00 that will cover all sessions of the program within the two-year period that is exactly the same material presented, the same total hours of instruction, and the same presenter. The provider must demonstrate that each program and presenter meets the requirements of Rule 10.2.A. The provider may amend the program application at any time during the two-year period to add and/or change presenters after an application has been approved by the State Board and a non-refundable $50.00 fee has been paid. Approval for a particular program will be denied if sought later than forty-five (45) day before the start of the program. Programs that include copyrighted materials must submit proof that the presenter has express permission to use said materials. D. Out-of-State Programs. Mississippi licensees may request approval of an individual out-of-state program that has not been approved pursuant to the foregoing provisions by submitting forty five (45) days before the date of the program, an application form approved by the Board, all materials showing curriculum objectives and presenter qualifications pursuant to and satisfying Rule 10.2.A and a non-refundable program review fee of $50.00. If the individual is seeking approval for multiple programs offered at a national convention of a professional massage therapy organization, only a single non-refundable $50.00 fee need be paid by the licensee to seek approval for the multiple programs. Approval shall be for the program sessions attended by the licensed massage

therapist(s) requesting approval. No credit will be issued to any other licensed massage therapist(s) attending the program. E. Provider and Program Renewal. A document from the Board approving a provider pursuant to Rule 10.2.A or a document from the Board approving a program pursuant to Rule 10.2.C shall be valid through the second December 31 st following the date that the provider approval was issued. During the renewal period, a renewal reminder may be sent to the provider at the last address supplied to the Board. In order to obtain a renewal, the provider must renew online on or before December 31 st of the expiration year together with the non-refundable provider renewal fee. All programs expire on the same date as the provider, regardless of the program approval date.,. If the provider fails to renew a program prior to the expiration and subsequently does renew, the provider must comply with all of the then-existing requirements then-existing rules as if a new program. F. Statement as to Approval. 1. The provider of a program approved for Mississippi CEU’s, including Nationally Approved Providers and Programs under Paragraph (c) above, may announce or indicate as follows in advertising, promotional and other materials: “This program has been approved by the Mississippi Board of Massage Therapy for a maximum of ___ hours CEU credit”. No other statement regarding Mississippi CEU approval may be made in advertising, promotional and/or other materials, including, but not limited to, a statement that an application has been made to the Board for approval or that the provider intends to apply for approval. 2. Providers may offer programs that are not approved pursuant to this Section. However, if a provider offers a program for which approval is not sought, or for which approval has been denied, the provider must announce in all advertising, promotional and other materials concerning the program as follows: “Not offered for Mississippi State Board of Massage Therapy CEU’s”. G. Authority to Renew and Revoke Approval. The Board retains the right and authority to audit and/or monitor CEU providers and/or programs. The Board may at any time evaluate any provider and/or program and deny, revoke, and/or decline to renew approval of that provider and/or program for good cause. This right to deny, revoke and/or decline to renewal approval includes, but is not limited to, the right to deny, revoke and/or decline to renew approval if the provider has disseminated any false or misleading information in connection with the continuing education program or if the provider has failed to conform to and abide by any governing standards, rules and/or written agreements concerning the provider and/or program. H. Protocol for CEU Denial 1. If an application for a provider or a program is denied by the Board, the applicant / provider may offer clarification in writing for re-consideration by the Board. 2. The applicant / provider may request an informal conference, which may be attended by an attorney employed by the Board, a Board member and/or other representatives of the Board as the Chairman and legal counsel may deem necessary for the proper conduct of the conference. 3. The applicant / provider may complete an Agenda Request and appear before the full Board and present evidence and argument regarding the denial. I. Violations of this chapter will result in fines and penalties as assessed in Chapter 2.

30 Miss. Admin. Code Pt. 2501, R. 10.3 NCBTMB or FSMTB Approved Providers

If a provider and their subsequent programs are approved and vetted by the National Certification Board for Therapeutic Bodywork and/or the Federation of State Massage Therapy Board then they are required to register their programs for approval on a form prescribed by the Board.

Part 2501. Chapter 11. Massage Establishments. Effective July 1, 2021, it shall be the responsibility of the establishment to register annually to verify massage establishment information.

History

• Source: Miss Code Ann. § 73-67-15 (l) (s), as amended; § 73-67-17 (d), as amended; § 73-67-29 (4), as amended

30 Miss. Admin. Code Pt. 2501, R. 11.1 Rule 11.1

Advertising, Business License and other Requirements A. It shall be the responsibility of the massage establishment to verify and include current license number(s) in all advertising, no matter the format, for every licensed massage therapist performing massage services at the massage establishment; however, massage establishments with 6 or more licensed massage therapists shall be exempt from this requirement, provided that such therapy or service is performed by person(s) licensed under this chapter. B. Sanitary lavatories or wash basins provided with an adequate supply of both hot and cold running water shall be available. Lavatories or wash basins shall be provided with soap in a dispenser and paper, individual use towels, or air dryers. C. Sanitary linens shall be provided for each individual client. D. Any out call massage shall have a previous recording of the client’s name, address where the therapy is to occur, estimated time of return, and phone number (if available) in a conspicuous record. E. Every massage establishment shall be equipped with a workable telephone for emergency calls. F. A copy of the Mississippi State Board of Massage Therapy Code of Ethics and Professional Conduct shall be prominently displayed. G. Every massage establishment shall have prominently displayed during business hours a current and valid Provisional Permit, Temporary Practice Permit or License issued by the Mississippi State Board of Massage Therapy for every person who provides massage therapy services on the premises or offsite on behalf of the establishment. H. It shall be the responsibility of a massage therapy establishment to verify the current license of any and all persons practicing massage therapy at the location of or on behalf of the establishment. I. Every massage establishment designated as the custodian of client records shall retain all required client documentation of massage sessions for a period of two (2) years and ensure that it is legible and readily available for inspection at the request of the Board or their duly appointed representative. This includes, but is not limited to client history/intake forms and client release forms, as well as SOAP notes, appointment schedule book and client evaluations if requested by the Board or their duly appointed representative.

J. Massage therapists or establishments may not be discriminated against by cities or municipalities in obtaining business licenses and shall be treated as any other health care profession. K. A summary of the fines applicable to massage establishments are in Rule 2.2.A.

History

• Source: Miss Code Ann. § 73-67-15 (1) (t); (q), as amended; § 73-67-19 (7), as amended; § 73- 67-17 (h), as amended; § 73-67-21, as amended; § 73-67-29, as amended

30 Miss. Admin. Code Pt. 2501, R. 11.2 Rule 11.2

Inspections. A. The Board or its agent(s) shall conduct on-site inspections upon notification that massage therapy services are being rendered. Notification may include but not be limited to the following sources: 1. The general public through any means of advertising in any format; or 2. A new or existing licensed massage therapist applies for a license or an LMT who is renewing their license has identified the establishment as their place of business; or 3. Notification by the MSBMT office that LMT’s are due for renewal within 90 days, or 4. Notification by the MSBMT office that LMT’s did not renew, go inactive or move to retired status 91 days after expiration, or 5. Notification by the MSBMT office that the license of an LMT has been suspended or revoked. 6. Reapplication (reactivation) received by Board office. 7. A location certificate is requested by a LMT in an unlicensed location, not previously registered. B. The inspection may be conducted within ninety (90) days of the receipt of notification. C. The inspection may be conducted for the following purposes: 1. To ascertain whether or not all massage therapists working on the premises are properly licensed and in compliance with all Board regulations and statute. 2. To ascertain whether or not the establishment is in compliance with MSBMT including but not limited to equipment and sanitation requirements. D. Follow-up inspections may be required at the discretion of the Board. E. Fines and penalties are set forth in Chapter 2.

History

• Source: Miss Code Ann. § 73-67-15 (1) (t), as amended; § 73-67-17 (h), as amended; § 73-67- 21, as amended

STATE BOARD OF MEDICAL LICENSURE STATE BOARD OF MEDICAL LICENSURE

Part 2601 Licensure and Examinations

Chapter 1 Licensure Rules Governing the Practice of Allopathic Physicians, Osteopathic Physicians, Podiatrists, Physician Assistants, Radiologist Assistants and Acupuncturists

30 Miss. Admin. Code Pt. 2601, R. 1.1 | Scope

These rules apply to all applicants for licensure to practice allopathic medicine, osteopathic medicine, podiatric medicine, or acupuncture in the state of Mississippi and to all individuals practicing allopathic medicine, osteopathic medicine, podiatric medicine, or acupuncture within the state whether licensed or unlicensed.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2601, R. 1.2 | Definitions

For the purpose of these rules, the following terms have the meanings indicated: A. “Board” means the Mississippi State Board of Medical Licensure. B. “Physician” means any person with a valid doctor of medicine, doctor of osteopathy or doctor of podiatry degree. C. “LCME” means the Liaison Committee on Medical Education, the organization recognized by the American Medical Association for accrediting American medical schools. D. “ACGME” means Accreditation Council of Graduate Medical Education. E. “RCPSC” means Royal College of Physicians and Surgeons of Canada. F. “CCFP” means College of Family Physicians of Canada. G. “ABMS” means American Board of Medical Specialties. H. “AMA” means the American Medical Association. I. “FSMB” means the Federation of State Medical Boards. J. “FLEX” means the Federation Licensing Examination administered through the FSMB. K. “NBME” means National Board of Medical Examiners. L. “USMLE” means United States Medical Licensing Examination administered jointly through the FSMB and NBME. M. “SPEX” means the Special Purpose Examination administered through the FSMB.

N. “NBOME” means the National Board of Osteopathic Medical Examiners. O. “COMLEX” means the Comprehensive Osteopathic Medical Licensing Examination administered through the NBOME. P. “COMVEX” means the Comprehensive Osteopathic Medical Variable-Purpose Examination administered through the NBOME. Q. “AOA” means American Osteopathic Association. R. “LMCC” means Licentiate of the Medical Council of Canada. S. “APMA” means American Podiatric Medical Association. T. “ABPM” means American Board of Podiatric Medicine. U. “ABPS” means American Board of Podiatric Surgery. V. “FPMB” means Federation of Podiatric Medical Boards. W. “CPME” means Council on Podiatric Medical Education. X. “NBPME” means National Board of Podiatric Medical Examiners. Y. “APMLE” means American Podiatric Medical Licensing Examination administered through the NBPME. Z. “NPDB” means National Practitioner Data Bank. AA. “ECFMG” means the Education Commission for Foreign Medical Graduates. BB. “Foreign Medical School” means any medical college or college of osteopathic medicine located outside the United States, Canada or Puerto Rico. CC. “IMED” means International Medical Education Directory. DD. “Good Moral Character” as applied to an applicant, means that the applicant has not, prior to or during the pendency of an application to the Board, been guilty of any act, omission, condition or circumstance which would provide legal cause under Sections 73-25-29 or 73-25-83, Mississippi Code, for the suspension or revocation of medical licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2601, R. 1.3 | Duty to Obtain License

Any physician, physician assistant, radiologist assistant or acupuncturist desiring to practice in this state must first obtain a license to do so by completing an application for licensure and submitting all requested documentation to the Board.

A physician, physician assistant, radiologist assistant or acupuncturist who is participating in or who has participated in an impaired professionals program as approved by the Board must document a two-year period of abstinence from any abusive use of mood-altering drugs, which shall include, but not be limited to, alcohol and all substances listed in Schedules I through V of the Uniform Controlled Substances Law, Mississippi Code, from the date of completion of the program before he or she is eligible for a permanent license to practice medicine, podiatry or acupuncture in Mississippi. Prior to the issuance of, or reinstatement of a license, any physician, physician assistant, radiologist assistant or acupuncturist who has not actively practiced for a three (3) year period shall be required to participate in a Board approved assessment program, clinical skills assessment program or re- entry program to assure post-licensure competency. A physician, physician assistant, radiologist assistant, or acupuncturist shall be deemed to have not “actively” practiced medicine if during said three (3) year period the physician, physician assistant, radiologist assistant or acupuncturist has not treated any patients for remuneration, other than friends and family. Amended April 15, 1999. Amended May 17, 2007. Amended March 15, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 2 Effect of Application

30 Miss. Admin. Code Pt. 2601, R. 2.1 | Effect of Application

The submission of an application for licensing to the Board shall constitute and operate as an authorization by the applicant to each educational institution at which the applicant has matriculated; each state or federal agency to which the applicant has applied for any license, permit, certificate or registration; each person, firm, corporation, clinic, office or institution by whom or with whom the applicant has been employed in the practice of medicine; each physician or other health care practitioner whom the applicant has consulted or seen for diagnosis or treatment and each professional organization or specialty board to which the applicant has applied for membership, to disclose and release to the Board any and all information and documentation concerning the applicant which the Board deems material to consideration of the application. With respect to any such information or documentation, the submission of an application for licensing to the Board shall equally constitute and operate as a consent by the applicant to disclosure and release of such information and documentation and as a waiver by the applicant of any privilege or right of confidentiality which the applicant would otherwise possess with respect thereto.

By submission of an application for licensing to the Board, an applicant shall be deemed to have given his or her consent to submit to physical or mental examinations if, when and in the manner so directed by the Board and to waive all objections as to the admissibility or disclosure of findings,

reports or recommendations pertaining thereto on the grounds of privileges provided by law. The expense of any such examination shall be borne by the applicant. The submission of an application for licensing to the Board shall constitute and operate as an authorization and consent by the applicant to the Board to disclose and release any information or documentation set forth in or submitted with the applicant's application or obtained by the Board from other persons, firms, corporations, associations or governmental entities pursuant to Part 2601, Chapter 2, Rule 2.1 paragraphs 1 and 2, to any person, firm, corporation, association or governmental entity having a lawful, legitimate and reasonable need therefore, including, without limitation, the medical licensing authority of any state; The FSMB; the AMA and any component state and county or parish medical society, including the Mississippi State Medical Association and component societies thereof; the AOA and any component state and county or parish osteopathic medical society, including the Mississippi Osteopathic Medical Association and component societies thereof; the U.S. Drug Enforcement Administration; the Mississippi State Bureau of Narcotics; federal, state, county or municipal health and law enforcement agencies and the Armed Services. It is the intent and purpose of this rule to authorize release of only that licensure information not prohibited from release under Section 73-52-1, Mississippi Code. Upon submission of an application for licensure to the Board, the applicant shall promptly provide all information deemed necessary by the Board to process the application, including, but not limited to certification of graduation from medical school, photograph of applicant, internship certification and birth certificate. The Board shall have a reasonable period of time within which to collect and assimilate all required documents and information necessary to issue a medical license. If, after submitting an application for medical license, an applicant has failed to respond or make a good faith effort to pursue licensure for a period of three (3) months, the application will be considered null and void, and applicant will have to reapply for licensure, including, but not limited to, all fees, application, and certifications. Additionally, if after one year from the date of receipt of application, applicant has not received a medical license, the application will be considered null and void, and applicant will have to reapply for licensure, including, but not limited to, all fees, application, and certifications.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Part 2605 Part 2605: Medical, Osteopathic and Podiatric Physicians

Chapter 1 Licensure Requirements for the Practice of Allopathic Physicians and Osteopathic Physicians

30 Miss. Admin. Code Pt. 2605, R. 1.1 | Licensure by Credentials

The licensure requirements for licensure by credentials are as follows: A. Applicant must be twenty-one (21) years of age and of good moral character. B. Present a diploma from a reputable medical college or college of osteopathic medicine, subject to the following conditions: 1. If the degree is from a medical college or a college of osteopathic medicine in the United States or Puerto Rico, the medical college must be accredited at the time of graduation by the LCME, a Joint Committee of the Association of American Medical Colleges (AAMC) and the AMA or the College of Osteopathic Medicine which must be accredited by the AOA. 2. If the degree is from a Canadian medical school, the school must be accredited at the time of graduation by the LCME and by the Committee on Accreditation for Canadian Medical Schools. 3. If the degree is from an international medical school, the medical school must be in the World Directory of Medical Schools or its equivalent. A graduate from an international medical school must either (i) possess a valid certificate from the ECFMG or (ii) document successful completion of a Fifth Pathway program and be currently board certified by a specialty board recognized by the ABMS. The Board will accept for licensure only those individuals completing Fifth Pathway Programs by December 31, 2009. Credentialing via Fifth Pathway Programs will be considered on an individual basis. 4. Any diploma or other document required to be submitted to the Board by an applicant which is not in the English language must be accompanied by a certified translation thereof into English. C. If a graduate from a medical college or college of osteopathic medicine in the United States, Canada or Puerto Rico, applicant must present documentation of having completed at least one (1) year of postgraduate training in the United States accredited by the ACGME or by the AOA; or training in Canada accredited by the RCPSC or CCFP. D. Applicants who graduated from an international medical school must present documentation of having completed either: 1. three (3) or more years of ACGME-approved postgraduate training in the United States or training in Canada approved by the RCPSC or CCFP; or 2. one (1) year of ACGME-approved postgraduate training in the United States or training in Canada approved by the RCPSC or CCFP, be currently board certified by a specialty board recognized by the ABMS and must have approval by the Board or Executive Director. E. An applicant who otherwise possesses all of the qualifications for licensure by credentials, but has not taken a medical proficiency examination or licensure examination

within ten (10) years prior to filing his or her application, must pass the SPEX or COMVEX0F * , unless the applicant: 1. Submits satisfactory proof of current certification by an ABMS and participating in Maintenance of Certification (MOC) or AOA approved specialty board and participating in Osteopathic Continuous Certification (OCC); or 2. Submits proof that the applicant's sole purpose for seeking licensure is to serve as the Dean, Chairman of the Department or Faculty of an ACGME or AOA approved training program. In such case, a license shall remain in effect so long as licensee is a member of the faculty of the ACGME or AOA approved training program. F. Submit certified copy of either (i) a birth certificate or (ii) a valid passport. G. Submit certified copy of legal name change, if applicable. H. Complete an application for medical license and submit it to the Board in a manner prescribed by the Board with a recent passport type photograph. I. Submit fee prescribed by the Board. J. Submit fingerprints for state and national criminal history background checks.

Adopted September 13, 1979; amended July 1, 1981; amended January 24, 1985; amended July 29, 1985; amended July 17, 1986; amended August 18, 1986; amended November 19, 1987; amended April 19, 1988; amended October 25, 1993; amended February 16, 2000; amended March 8, 2007; amended January 24, 2008; amended March 13, 2009; amended September 17, 2009; amended October 13, 2009; and amended March 20, 2015.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 1.2 | Waiver

Notwithstanding the above requirements for Licensure by Credentials in Rule 1.1, the Board may, upon written request by the physician and after review of all relevant factors, choose to waive any or all of the existing requirements for licensure. To be considered for a waiver, the physician must: A. be a graduate of an approved medical school; B. have a current unrestricted license in another state; and C. have at least 3 years of clinical experience in the area of expertise. In determining whether to grant the waiver, factors to be considered by the Board shall include, but not be limited to:

• SPEX (SPECIAL PURPOSE EXAMINATION) is a cognitive examination assisting licensing jurisdictions in their assessment of current competence requisite for general, undifferentiated medical practice by physicians who hold or have held a valid license in a U.S. jurisdiction. SPEX is made available through the Federation of State Medical Boards. COMVEX-USA (COMPREHENSIVE OSTEOPATHIC MEDICAL VARIABLE EXAMINATION) is the evaluative instrument offered to osteopathic physicians who need to demonstrate current osteopathic medical knowledge. COMVEX-USA is made available through the National Board of Osteopathic Medical Examiners.

A. the medical school from which the physician graduated and its reputation; B. post-graduate medical education training; C. appointment to a clinical academic position at a licensed medical school in the United States; D. publication in peer-reviewed clinical medical journals recognized by the Board; E. the number of years in clinical practice; F. specialty, if the physician plans to practice in Mississippi; and G. other criteria demonstrating expertise, such as awards or other recognition. Requests for waivers must be submitted in writing to the Executive Director of the Board, who will then review each request with a committee appointed by the president of the Board, taking into account the above factors. The committee shall consist of the Executive Director and two voting members of the Board. Recommendations from the committee shall be presented to the Board for approval.

Adopted April 28, 2015.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 1.3 | Licensure Examinations

The Board recognizes four (4) separate and distinct examinations: The examinations administered by the NBME, NBOME (COMLEX), FLEX and USMLE. The Board's requirements for the purpose of licensure is as follows:

A. FLEX An applicant had seven (7) years to pass both components of the FLEX. B. USMLE Steps 1, 2 and 3 must be passed within a seven-year time period beginning when the examinee passes his or her first Step. The Board, at its discretion, may waive this requirement based on extraordinary circumstances. The Board encourages all applicants to take Step 3 of the USMLE as soon as possible following receipt of the M.D. or D.O. degree. C. NBME or NBOME

NBME and NBOME examinations are administered in three (3) parts, Parts I, II and III, and must be passed within a seven-year time period beginning when the examinee passes his or her first Part.

D. EXAM COMBINATIONS

Now that the FLEX and examinations administered by the NBME have been phased out, the Board will accept passing scores for the following combinations of the FLEX, NBME and USMLE examinations:

EXAMINATION SEQUENCE

ACCEPTABLE COMBINATIONS NBME Part I plus NBME Part II plus NBME Part III NBME Part I or USMLE Step 1 plus NBME Part II or USMLE Step 2 plus NBME Part III or USMLE Step 3

FLEX Component I plus FLEX Component II FLEX Component I plus USMLE Step 3 or NBME Part I or USMLE Step 1 plus NBME Part II or USMLE Step 2 plus FLEX Component II USMLE Step 1 plus USMLE Step 2 plus USMLE Step 3

Amended January 20, 1994; amended March 16, 1995; amended August 8, 1997; amended January 18, 2001; amended September 22, 2006; amended March 8, 2007; amended May 17, 2007; amended March 19, 2015; and amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 1.4 | Licensure via the Interstate Medical Licensure Compact – Supplemental Information

Miss. Code Ann. §73-25-101 et seq establishes Mississippi’s participation in the Interstate Medical Licensure Compact (IMLC). In addition to the requirements set forth in this section, in conjunction with other requirements set forth in IMLC rules and policies, applicants for licensure under the IMLC are required to timely answer and provide any supplemental applications, questions, or other information requested by the Board in relation to the application for licensure via the IMLC.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 2 Licensure Requirements for the Practice of Podiatrists

30 Miss. Admin. Code Pt. 2605, R. 2.1 | Licensure by Credentials

If the original license of an applicant was obtained by state board examination, the applicant must have the state board where original license was obtained by written examination submit a certified copy of the examination directly to the Board.

The Board may grant licenses to Diplomates of the NBPME. If a Diplomate of the NBPME, the applicant must have certification of endorsement from that Board submitted directly to the Board. Applicants graduating podiatry school on or after January 1, 2010, must take and pass all three (3) parts of the APMLE.

In addition to the above, an individual shall meet the following requirements: A. Applicant must be twenty-one (21) years of age, and of good moral character. B. Applicant must have had at least four (4) years high school and be graduate of same; he or she shall have at least one (1) year pre-podiatry college education. C. Present a diploma from a college of podiatric medicine recognized by the Board as being in good standing, subject to the following conditions. 1. Any diploma or other document required to be submitted to the Board by an applicant which is not in the English language must be accompanied by a certified translation thereof into English. 2. No college of podiatry or chiropody shall be accredited by the Board as a college of good standing which does not require for graduation a course of study of at least four (4) years (eight and one-half [8½] months each) and be accredited by the CPME at the time of graduation. D. Present proof of completion of one (1) year of APMA-approved postgraduate training in the U.S. or Canada. If the podiatrist graduated from an accredited college of podiatric medicine prior to 1990, has continuously practiced for the past ten (10) years and has held unrestricted license(s) to practice podiatry, the one (1) year of APMA-approved postgraduate training may be waived at the Board’s discretion. E. Submit certified copy of birth certificate or valid passport. F. Submit a certified copy of legal name change, if applicable. G. Complete an application for podiatry license and submit it to the Board in the manner prescribed by the Board with a recent passport type photograph. H. Submit fee prescribed by the Board. I. Submit fingerprints for state and national criminal history background checks.

Amended November 19, 1987; amended February 19, 2003; amended March 8, 2007; amended May 17, 2007; amended January 24, 2008; amended November 20, 2008; amended March 20, 2015; amended November 13, 2015; and amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 3 Temporary Licensure Rule 3.1 | Temporary Licensure A. Mississippi temporary medical or podiatric licenses may be issued to applicants for licensure in Mississippi under the following conditions: 1. A restricted temporary medical or podiatric license may be issued upon proper completion of an application to an applicant who otherwise meets all requirements for licensure except successful completion: a. of the postgraduate training requirements provided in Part 2605, Chapter 1, Rule 1.1 or Chapter 2, Rule 2.1; and/or b. of Step 3 of USMLE, Level 3 of COMLEX, or Part 3 of the APMLE. Such restricted temporary license shall entitle the physician to practice medicine or podiatric medicine only within the confines of an ACGME, AOA or APMA approved postgraduate training program in this state and may be renewed annually for the duration of the postgraduate training for a period not to exceed five (5) years. Residents typically practice within the confines of an ACGME, AOA or APMA approved postgraduate training program which may be located in another state, and which meets all requirements as described above. These programs sometimes have affiliated institutions (i.e., hospitals or clinics) located in Mississippi which are not ACGME, AOA or APMA approved sites, but in which the resident needs to rotate as part of their otherwise approved training program. Programs may petition the Board, via its Executive Committee, to approve those affiliated Mississippi locations such that residents of those programs may apply for a temporary license in order to rotate at those facilities. B. The Board may issue a temporary license to practice medicine for a period not to exceed 90 days at a youth camp licensed by the State Department of Health to any nonresident physician who is not licensed to practice medicine in this state or to any resident physician who is retired from the active practice of medicine in this state while serving as a volunteer at such camp. 1. Nonresident Physician a. must have favorable references from two physicians with whom the applicant has worked or trained within the last year; b. must have written certification from the medical licensing authority in the state in which he or she holds a currently valid license to practice medicine; and c. must submit fee prescribed by the Board. 2. Retired Resident Physician a. must be in good standing with the Board, and b. must submit fee as prescribed by the Board.

30 Miss. Admin. Code Pt. 2605, R. 3.2 | Limited Institutional Licensure

A. Pursuant to Section 73-25-23, Mississippi Code, a limited institutional license is available only to graduates of Board-approved international medical schools who are employed or are being considered for employment to practice medicine in one or more Mississippi state-supported institutions located in the same county. B. Graduates of international medical schools holding a limited institutional license, and who are employed by and enrolled in an approved ACGME or AOA postgraduate training program in a state-supported institution, shall be authorized to participate only in such approved postgraduate educational program or affiliated training program sites. C. An application for limited institutional licensure may be accepted by the Board only upon the written request of the state-supported institution which has employed or is considering employing a graduate of an international medical school to practice medicine. D. A limited institutional license may be issued for a period of one (1) year for practice in a particular institution after a review and favorable recommendations by a majority of the following: 1. President or Secretary, Board of Trustees of Institution 2. Director of Institution 3. President or Secretary, Local Chartered Medical Society in area in which institution is located 4. Member, Board of Trustees, Mississippi State Medical Association in area in which institution is located 5. Member, Mississippi State Board of Medical Licensure from district in which institution is located 6. Executive Officer, Mississippi State Board of Medical Licensure E. In addition to the above requirements for a limited institutional license, an applicant shall meet the following requirements: 1. Must be at least twenty-one (21) years of age and of good moral character. 2. Must submit copy of diploma and certification of completion from a medical school listed in the World Director of Medical Schools or its equivalent. 3. Must submit certified copy of valid certificate from the ECFMG or its successor. 4. Must submit an application completed in every detail with recent passport type photograph. 5. Must submit fee prescribed by the Board.

6. Submit fingerprints for state and national criminal background checks. F. Pursuant to Section 73-25-23, Mississippi Code, a limited institutional license must be renewed annually, after such review as the Board considers necessary. A graduate of an international medical school so licensed may hold such limited institutional license no longer than five (5) years. G. A limited institutional license shall become void immediately upon termination of employment of the licensee at the institution, or institutions, at which practice is authorized under the license. H. An annual renewal fee shall be prescribed by the Board.

Amended November 19, 1998; amended March 8, 2007; amended May 17, 2007; amended March 20, 2015; and amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 3.3 | Temporary Training License for Out-of-State Residents

An individual enrolled in an out-of-state postgraduate training program wishing to rotate through an ACGME or AOA approved training program within Mississippi, shall not be required to obtain a restricted temporary license provided the rotation lasts no longer than four (4) weeks. However, the individual must submit the following to the Board: A. A completed information form which has been supplied by the Board. B. A letter from the physician’s postgraduate training program stating that he or she is going to be participating in a rotation in Mississippi and the duration. C. A letter from the training program in Mississippi stating the physician will be training with them and the duration. D. Verification of a current license (limited or training), permit, or letter from the state in which the individual is enrolled in a training program. E. A licensure fee in the amount of $50. The individual may not participate in the Mississippi training program until a valid training license has been issued. The license will be effective the date the individual is to begin the Mississippi rotation and will become null and void the day the individual completes the rotation. If during the duration of the training, it is determined that the physician may stay longer than four (4) weeks, the temporary training license may be renewed for an additional four (4) weeks. Under no circumstances will the license be renewed after eight (8) weeks. An individual anticipating on rotating through a Mississippi training program for a period longer than eight (8) weeks shall be required to obtain a Restricted Temporary Medical License. The Board reserves the right to deny issuance of a temporary training license as provided herein based on any of the statutory grounds as enumerated in Mississippi Code, Sections 73-25-29 and 73-25-83.

Adopted September 20, 2007.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 3.4 | Short-Term Training for Out-of-State Physicians

The Board is aware that there are Mississippi physicians assisting out-of-state physicians in expanding professional knowledge and expertise by offering short-term training to the out-of-state physician. The Mississippi physician wishing to offer this training to the unlicensed out-of-state physician(s) must have their short-term training program approved by the Board.

The Mississippi physician must submit a detailed letter stating the purpose of the short-term training program, the objectives of the course, approximately how long the course will last, and any supporting documentation that would assist the Board in determining the approval status of the program. An individual wishing to attend the Board approved short-term training is not required to obtain a permanent Mississippi medical license; however, the individual must submit the following to the Board: A. A completed information form which has been supplied by the Board. B. A letter from the mentor of the Board approved training program stating that the applicant is going to be participating in the short-term training program and the duration. C. Verification of a current unrestricted permanent license from the state in which the individual is currently practicing. D. A permit fee in the amount of $25. The individual may not participate in the short-term training program until a valid training permit has been issued. The permit will be effective the date the individual is to begin the training and will become null and void the day the individual completes the training. A short-term training permit is typically valid for two to three days; however, it can be issued up to fifteen (15) days. If during the duration of the training, it is determined that the physician may stay longer than fifteen (15) days, the temporary training permit may be renewed for an additional (15) days. Under no circumstances will the permit be renewed after thirty (30) days. An individual anticipating training for a period longer than thirty (30) days will be required to obtain a permanent Mississippi medical license. Adopted July 12, 2007.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 3.4 Short-Term Training for Out-of-State Physicians

The Board is aware that there are Mississippi physicians assisting out-of-state physicians in expanding professional knowledge and expertise by offering short-term training to the out-of-state physician. The Mississippi physician wishing to offer this training to the unlicensed out-of-state physician(s) must have their short-term training program approved by the Board.

The Mississippi physician must submit a detailed letter stating the purpose of the short-term training program, the objectives of the course, approximately how long the course will last, and any supporting documentation that would assist the Board in determining the approval status of the program.

An individual wishing to attend the Board approved short-term training is not required to obtain a permanent Mississippi medical license; however, the individual must submit the following to the Board: E. A completed information form which has been supplied by the Board. F. A letter from the mentor of the Board approved training program stating that the applicant is going to be participating in the short-term training program and the duration. G. Verification of a current unrestricted permanent license from the state in which the individual is currently practicing. H. A permit fee in the amount of $25. The individual may not participate in the short-term training program until a valid training permit has been issued. The permit will be effective the date the individual is to begin the training and will become null and void the day the individual completes the training. A short-term training permit is typically valid for two to three days; however, it can be issued up to fifteen (15) days. If during the duration of the training, it is determined that the physician may stay longer than fifteen (15) days, the temporary training permit may be renewed for an additional (15) days. Under no circumstances will the permit be renewed after thirty (30) days. An individual anticipating training for a period longer than thirty (30) days will be required to obtain a permanent Mississippi medical license. Adopted July 12, 2007.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 5 The Practice by Unlicensed Nonresident Physicians

30 Miss. Admin. Code Pt. 2605, R. 5.1 Scope

This regulation shall apply to all individuals who practice or who seek to practice medicine or osteopathic medicine in the state of Mississippi pursuant to authority granted in Mississippi Code, Section 73-25-19.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 5.2 Purpose

Pursuant to Mississippi Code, Section 73-25-19, non-resident physicians, not holding a license in the state of Mississippi, shall not be authorized to practice medicine in this state under any circumstances after remaining in the state for five (5) days, except when called in consultation by a licensed physician residing in this state. To implement its responsibility to protect the public, the Mississippi State Board of Medical Licensure shall monitor those non-resident physicians entering into this state to practice medicine pursuant to Section 73-25-19.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 5.3 Notification to Board Required

Regardless of the number of days of anticipated practice, a non-resident physician not holding a license in the state of Mississippi shall not be authorized to practice medicine in this state under any circumstances, unless the following conditions have been satisfied:

The currently licensed Mississippi physician who needs consultation or assistance must notify the Board in writing of his or her request to have a non-resident physician practice in this state, setting forth (i) the identity of the non-resident unlicensed physician, (ii) a statement as to the purpose for the assistance/consultation, (iii) the location and address of the anticipated practice, and (iv) anticipated duration of practice. Except in cases of emergencies, the above notification must be submitted to the Board at least seven (7) working days prior to the non-resident unlicensed physician entering into the state. The non-resident unlicensed physician shall submit to the Board written proof of licensure status in good standing from another state or jurisdiction.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 5.4 Intent

It is the intent and purpose of this regulation to encourage Mississippi licensed physicians to utilize the services of competent and well trained non-resident unlicensed physicians on an as needed basis. However, where it is anticipated that the services of the non-resident physicians will be utilized on a routine basis, that is, where the non-resident physicians services will be utilized more than twice during any one year period of time, permanent licensure shall be required.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 5.5 Exclusion

This regulation shall not apply to any non-resident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Mississippi Code, Sections 75-74-8 and 73-25-17.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 5.6 Effective Date of Regulation

The above rules pertaining to the practice by unlicensed nonresident physicians shall become effective August 22, 2002.

Amended October 19, 2002.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 6 Administrative Medical License

30 Miss. Admin. Code Pt. 2605, R. 6.1 Definitions

For the purpose of Part 2601 Chapter 8, the following terms have the meanings indicated: A. “Administrative Medical License” means a license to engage in professional, managerial, or administrative activities related to the practice of medicine or to the delivery of health care services, but does not include nor permit the practice of clinical medicine or the right to engage in medical research including clinical trials on humans. B. “Clinical Medicine” means medical practice that includes but is not limited to: 1. Direct involvement in patient evaluation, diagnosis, or treatment; 2. Prescribing of any medication; 3. Delegating medical acts or prescribing authority; or 4. Supervision of physicians, physician’s assistants, or advanced practice registered nurses in the practice of clinical medicine.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2605, R. 6.2 Administrative Medical License

The Board may issue an administrative medical license to a physician who meets all qualifications for full licensure in the state, including payment of a fee set by the Board but who does not intend to provide medical or clinical services to or for patients while in possession of an administrative medical license and signs a notarized statement to that effect. An administrative medical license is subject to annual renewal.

In addition to the restrictions as noted in Rule 8.1 above, any person holding an administrative medical license shall be subject to all other provisions of the Medical Practice Law, Sections 73- 25-1, et. seq., and the Administrative Code of the Board, where deemed applicable.

Adopted March 19, 2015; and Amended May 26, 2015.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Part 2610 Renewal and Reinstatement

Chapter 1 Change of Address Rule 1.1 Change of Address. Any physician who is licensed to practice medicine in this state and changes his or her practice location or mailing address shall immediately notify the Board in writing of the change. Failure to notify within thirty (30) days could result in disciplinary action. The Board routinely sends information to licensed physicians. Whether it be by U.S. Mail or electronically, it is important that this information is received by the licensee. The licensure record of the licensee should include a physical practice location, mailing address, email address and telephone number where the Board can correspond with the licensee directly. The Board discourages the use of office personnel’s mailing and email addresses as well as telephone numbers. Failure to provide the Board with direct contact information could result in disciplinary action.

30 Miss. Admin. Code Pt. 2610, R. 2.1 | Basic Requirement

Every Mississippi physician licensee must earn or receive not less than forty (40) hours of Category 1 continuing medical education in a two-year cycle as a condition precedent to renewing his or her license for the next fiscal year. Additionally, all licensees who maintain a U.S. Drug Enforcement Administration Controlled Substances Registration must complete the training required by Section 303 of the Controlled Substances Act.

Excess hours may not be carried over to another two-year cycle. For the purpose of this regulation, the two-year period begins July 1, 2024, and every two years thereafter.

A. Category 1 continuing medical education shall mean those programs of continuing medical education designated as Category 1 which are sponsored or conducted by those organizations approved by the Mississippi State Medical Association, American Medical Association or by the Accreditation Council for Continuing Medical Education (ACCME) to sponsor or conduct Category 1 continuing medical education programs. B. Programs of continuing medical education designated as Category 1-A, which are sponsored or conducted by organizations or entities accredited by the American

30 Miss. Admin. Code Pt. 2610, R. 21 Rule 21

U.S.C. 823, Sec. 303

e.g., July 1, 2026, through June 30, 2028; July 1, 2028, through June 30, 2030, etc.

Osteopathic Association to sponsor or conduct Category 1-A continuing medical education for osteopathic physicians. C. Programs of continuing medical education designated as a “prescribed hour” that are sponsored or conducted by organizations or entities accredited by the American Academy of Family Physicians to sponsor or conduct “prescribed hours” of continuing medical education. D. Programs of continuing medical education designated as “cognates” which are sponsored or conducted by organizations or entities that are accredited by the American College of Obstetrics and Gynecology to sponsor or conduct approved cognates on obstetrical and gynecological-related subjects. E. Programs of continuing medical education designated as Category 1-A which are sponsored or conducted by organizations or entities accredited by the Council on Podiatric Medical Education to sponsor or conduct Category 1-A continuing medical education for podiatrists.

History

• Source: Miss. Code Ann. §§ 73-25-14 and 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2610, R. 2.2 | Persons Affected

Every Mississippi physician licensee is required to comply with the minimum requirement for continuing medical education established by these rules. Further, all licensees of the Mississippi State Board of Medical Licensure (Board) must comply with the specific CME requirements set forth in the Administrative Code applicable to their license type and area of practice.

History

• Source: Miss. Code Ann. §§ 73-25-14, 73-71-43, 73-27-12, 73-26-3, 41-58-5, and 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2610, R. 2.3 | Exemption for Initial Licenses

Licensees receiving their initial license to practice medicine in Mississippi after June 30, or receiving their initial board certification by a specialty board after June 30, are exempt from the minimum continuing medical education requirement for the period following their receiving a license or board certification.

The continuing education certification will be due within the next cycle.

History

• Source: Miss. Code Ann. §§ 73-25-14, 73-71-43, 73-27-12, 73-26-3, 41-58-5, and 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2610, R. 2.4 Rule 2.4

| Record Keeping Requirement Every licensee shall maintain records of attendance or certificates of completion demonstrating compliance with the minimum continuing medical education requirements. Documentation

For instance, a physician, or other licensee within the context of their individual CME timeframe, receiving an initial license on August 3, 2025, will not have to complete the required CME until the conclusion of the July 1, 2026, through June 30, 2028, CME cycle. All CMEs must be acquired within the current cycle.

adequate to demonstrate compliance with the minimum continuing medical education requirements of this and other regulations shall consist of certificates of attendance, completion certificates, proof of registration, or similar documentation issued by the organization or entity sponsoring or conducting the continuing medical education program. Licensees are required to create an account with a Board-approved CME management and tracking system. A list of all board-approved systems is available on the board’s webpage. However, physicians who maintain board certification with a board recognized by the American Board of Medical Specialties (ABMS) are exempt from this requirement. All required documentation shall be uploaded immediately upon receipt to the CME management and tracking system selected by the licensee. All information submitted and required shall be subject to examination by representatives of the Board upon request. Compliance review will be conducted by the Board via random computer- generated selection, or otherwise at the discretion of the Board. If a licensee is on a hospital medical staff, it is recommended these certificates and hours also be recorded with the primary hospital medical staff records. With his or her annual renewal application, every licensee must certify the completion of the minimum continuing medical education requirement established under these rules. Failure to maintain records documenting that a licensee has met the minimum continuing medical education requirement, and/or failure to provide such records upon request to the Board or the CME tracking system, is hereby declared to be unprofessional conduct and may constitute grounds, within the discretion of the Board, for the suspension of the Licensee’s ability to practice medicine.

History

• Source: Miss. Code Ann. §§ 73-25-14, 73-71-43, 73-27-12, 73-26-3, 41-58-5, and 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2610, R. 2.5 Rule 2.5

| Annual Renewal As a condition for the annual renewal of license, licensees will be required to certify on his or her annual renewal form that he or she has earned the required. The Board will randomly select licensees to ensure complete compliance with this requirement. If deficiencies are identified, the licensee must complete deficiencies within six (6) months of the date of notification. Failure to comply may result in the suspension of the licensee’s license. Any physician practicing during the time of a suspended license shall be considered an illegal practitioner and shall be subject to penalties provided for violation of the Medical Practice Act, and for costs incurred in the enforcement of this regulation.

History

• Source: Miss. Code Ann. §§ 73-25-14, 73-71-43, 73-27-12, 73-26-3, 41-58-5, and 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2610, R. 2.6 | Waiver

A licensee who is unable to meet the minimum continuing medical education requirement for legitimate cause may apply to the Board for a waiver of the requirement prior to April 1 of the

last year of the two-year cycle. Such waiver may be granted or denied within the sole discretion of the Board.

Amended May 17, 2007; Amended January 24, 2008; Amended November 15, 2012; and Amended May 16, 2013.

History

• Source: Miss. Code Ann. §§ 73-25-14, 73-71-43, 73-27-12, 73-26-3, 41-58-5, and 73-43-11 (1972, as amended).

Part 2615 Physician Assistants

Chapter 1 The Practice of Physician Assistants

30 Miss. Admin. Code Pt. 2615, R. 1.1 | Scope The following rules pertain to physician assistants practicing medicine with physician supervision

Physician assistants may perform those duties and responsibilities, including diagnosing and the ordering, prescribing, dispensing of prepackaged drugs, and administration of drugs and medical devices as delegated by their supervising physician(s). Physician assistants may provide any medical service which is delegated by the supervising physician when the service is within the physician assistant’s training and skills; forms a component of the physician’s scope of practice; and is provided with supervision. Physician assistants shall be considered the agents of their supervising physicians in the performance of all practice-related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.2 | Definitions For the purpose of Part 2615, Chapter 1 only, the following terms have the meanings indicated: A

Board means the Mississippi State Board of Medical Licensure. B. Physician Assistant means a person who meets the Board’s criteria for licensure as a physician assistant and is licensed as a physician assistant by the Board. C. Supervising Physician means a doctor of medicine or a doctor of osteopathic medicine who holds an unrestricted license from the Board who practices within the state of Mississippi for a minimum of twenty (20) hours per week or eighty (80) hours per month (does not include telemedicine or chart review), whose practice or prescriptive authority is not limited as a result of voluntary surrender or legal/regulatory order, and who has been approved by the Board to supervise physician assistants. Exceptions to the in-state practice requirement may be granted by the Board, by and through the Executive Committee, in cases demonstrating good cause. Additionally, temporary permission may be granted by the Executive Director until the request can be heard before the Executive Committee. D. Supervise or Supervision means overseeing and accepting responsibility for the medical services rendered by a physician assistant. E. Primary Office means the usual practice location of a physician and being the same location reported by that physician to the Mississippi State Board of Medical Licensure and the United States Drug Enforcement Administration. F. NCCPA means the National Commission on Certification of Physician Assistants. G. PANCE means the Physician Assistant National Certifying Examination. H. ARC-PA means the Accreditation Review Commission on Education for the Physician Assistant.

I. Predecessor or Successor Agency refers to the agency responsible for accreditation of educational programs for physician assistants that preceded ARC-PA or the agency responsible for accreditation of educational programs for physician assistants that succeeded ARC-PA. J. Primary Care means specialty practice that is limited to, or defined as, Family Practice, General Internal Medicine, Mental Health, Women’s Health, and/or General Pediatrics.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.3 | Qualifications for Licensure

A. Applicants for physician assistant licensure must meet the following requirements: 1. Satisfy the Board that he or she is at least twenty-one (21) years of age and of good moral character. 2. Complete an application for license and submit same to the Board in the manner prescribed by the Board with a recent passport type photograph. 3. Pay the appropriate fee as determined by the Board. 4. Present a certified copy of birth certificate or valid passport. 5. Submit proof of legal change of name if applicable (notarized or certified copy of marriage license or other legal proceeding). 6. Possess a master’s degree in a health-related or science field. 7. Successfully complete an educational program for physician assistants accredited by ARC-PA or its predecessor or successor agency. 8. Pass the certification examination administered by the NCCPA and have current NCCPA certification. 9. Provide information on registration or licensure in all other states where the applicant is or has been registered or licensed as a physician assistant. 10. Submit fingerprints for state and national criminal history background checks. 11. No basis or grounds exist for the denial of licensure as provided in Part 2615, Rule 1.14.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.4 Rule 1.4

| Temporary License The Board may grant a temporary license to an applicant who meets the qualifications for licensure except that the applicant has not yet taken the national certifying examination administered by the NCCPA or the applicant has taken the national certifying examination and is awaiting the results or the applicant has not obtained a minimum of a master’s degree in a health-related or science field. A temporary license issued upon the basis of the NCCPA not being taken or the applicant awaiting the results is valid: A. for one hundred eighty (180) days from the date of issuance; B. until the results of an applicant’s examination are available; or

C. until the Board makes a final decision on the applicant’s request for licensure, whichever comes first. The Board may extend a temporary license, upon a majority vote of the Board members, for a period not to exceed one hundred eighty (180) days. Under no circumstances may the Board grant more than one extension of a temporary license. A temporary license may be issued to an applicant who has not obtained a master’s degree so long as the applicant can show proof of enrollment in a master’s program that will, when completed, meet the master’s degree requirement. The temporary license will be valid no longer than one (1) year and may not be renewed.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.5 Rule 1.5

| Requirement of Protocol - Prescribing/Dispensing Physician assistants shall practice according to a protocol which has been mutually agreed upon by the physician assistant and the supervising physician. Each protocol shall be prepared taking into consideration the specialty of the supervising physician and must outline diagnostic and therapeutic procedures and categories of pharmacologic agents which may be ordered, administered, dispensed and/or prescribed for patients with diagnoses identified by the physician assistant.

Each protocol shall contain a detailed description of back-up coverage if the supervising physician is away from the primary office. Although licensed, no physician assistant shall practice until they have reported their supervisor and practice information to the Board via the Medical Enforcement and Licensure System (MELS) online gateway or successor system.

Except as hereinafter provided in below, physician assistants may not write prescriptions for or dispense controlled substances or any other drug having addiction-forming or addiction-sustaining liability. A physician assistant may, however, administer such medications pursuant to an order by the supervising physician if in the protocol.

Prescribing Controlled Substances and Medications by Physician Assistants A. Scope Pursuant to these rules, authorized physician assistants may prescribe controlled substances in Schedules II through V. B. Application for Authority to Prescribe Controlled Substances 1. Physician assistant applicants applying for controlled substance prescriptive authority must complete a Board approved educational program prior to making application. 2. In order to obtain the authority to prescribe controlled substances in any schedule, the physician assistant shall submit an application approved by the Board. C. Incorporation of Physician Rules Pertaining to Prescribing, Administering and Dispensing of Medication

For the purpose of directing the manner in which physician assistants may prescribe controlled substances, the Board incorporates Administrative Code Part 2640, Chapter 1 Pertaining to Prescribing, Administering and Dispensing of Medication as applied to physicians, including but not limited to all Definitions, Maintenance of Records and Inventories, Use of Diet Medication, Use of Controlled Substances for Chronic (Non- Terminal) Pain, and Prescription Guidelines. All physician assistants authorized to prescribe controlled substances shall fully comply with these rules. As stated herein, it is understood Physician Assistants may not dispense medications. D. Registration for Controlled Substances Certificate Prescriptive Authority 1. Every physician assistant authorized to practice in Mississippi who prescribes any controlled substance must be registered with the U. S. Drug Enforcement Administration in compliance with Title 21 CFR, Part 1301 Food and Drugs. 2. Pursuant to authority granted in Mississippi Code, Section 41-29-125, the Board hereby adopts, in lieu of a separate registration with the Board, the registration with the U.S. Drug Enforcement Administration as required in Part 2615, Rule 1.5.D.1, provided, however, where a physician assistant already possesses a controlled substances registration certificate for a practice location in another state or jurisdiction, the physician assistant may not transfer or otherwise use the same registration until he or she meets the training requirements set forth in Part 2615, Rule 1.5.B.1. In the event, however, a physician assistant has had limitations or other restrictions placed upon his or her license wherein he or she is prohibited from handling controlled substances in any or all schedules, said physician assistant shall be prohibited from registering with the U. S. Drug Enforcement Administration for a Uniform Controlled Substances Registration Certificate without first being expressly authorized to do so by order of the Board. 3. The registration requirement set forth in these rules does not apply to the distribution and manufacture of controlled substances. Any physician assistant who engages in the manufacture or distribution of controlled substances or legend drugs shall register with the Mississippi State Board of Pharmacy pursuant to Mississippi Code, Section 73-21-105. For the purposes herein, “distribute” shall mean the delivery of a drug other than by administering, prescribing, or dispensing. The word “manufacture” shall have the same meaning as set forth in Mississippi Code, Section 73-21-105(q). E. Drug Maintenance, Labeling and Distribution Requirements Persons registered to prescribe controlled substances may order, possess, prescribe, administer, distribute or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of these rules and in conformity with provisions of the Mississippi Uniform Controlled Substances Law, Mississippi Code, Sections 41-29-101 et. seq., except physician assistants may not receive samples of controlled substances. A physician assistant may receive and distribute pre-packaged medications or samples of non-controlled substances for which the physician assistant has prescriptive authority.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.6 | Supervision

Supervision means overseeing activities of, and accepting responsibility for, all medical services rendered by the physician assistant. Except as described in the following paragraph, supervision must be continuous, but shall not be construed as necessarily requiring the physical presence of the supervising physician.

New graduate physician assistants and all physician assistants whose Mississippi license is their initial license require the on-site presence of a supervising physician for one hundred twenty (120) days or its equivalent of 960 hours. If a physician assistant’s clerkship was completed with their supervising physician, the 120 days or 960 hours may be reduced.

The physician assistant’s practice shall be confined to the primary office or clinic of the supervising physician, or any hospital(s), clinic(s) or other health care facilities within 75 miles of where the primary office is located, wherein the supervising physician holds medical staff privileges or that otherwise serves as an extension of the physician and physician assistant(s) practice. Exceptions to this requirement may be granted, on an individual basis, provided the location(s) of practice are set forth in the protocol.

Before any physician assistant shall practice in a location greater than 75 miles, the physician assistant must present to the Board a duly executed protocol and obtain approval to practice. Excluded from this requirement are physician assistants who practice within a licensed hospital, state health department facility, federally qualified community health clinic, or volunteer clinic. Protocols will be forwarded to the Board’s Physician Assistant Advisory Committee for their review and recommendation prior to disapproval. The facts and matters to be considered by the Committee when reviewing a protocol or supervision arrangement shall include, but are not limited to, how the supervising physician and physician assistant plan to implement the protocol, the method and manner of supervision, consultation, referral, compatibility of practice, and liability.

Physician Assistants practicing in primary care shall have no mileage restrictions placed on the relationship between the supervisory physician and the physician assistant if the following conditions are met:

1. The protocol is between a primary care physician and a primary care physician assistant. 2. The physician is in a compatible practice (e.g., same specialty, treat the same patient population) with the physician assistant. 3. The physician and physician assistant utilize electronic medical records (EMR) in their practice, has direct access to the EMR utilized by the PA, and also utilize EMR in the formal quality improvement program. 4. The physician practices within the State of Mississippi for a minimum of twenty (20) hours per week or eighty (80) hours per month (does not include telemedicine).

The supervising physician must provide adequate means for communication with the physician assistant. Communication may occur through the use of technology which may include, but is not limited to: radio, telephone, fax, modem, or other telecommunication device.

Each primary supervisory relationship shall include and implement a formal quality improvement program which must be maintained on site and must be available for inspection by representatives of the Mississippi State Board of Medical Licensure. The quality assurance/quality improvement program shall consist of: A. Review by a supervisory physician of a random sample of charts that represent 10% or 20 charts, whichever is less, of patients seen by the physician assistant every month. Charts should represent the variety of patient types seen by the physician assistant. Patients that the physician assistant and a supervising physician have consulted on during the month will count as one chart review. B. The physician assistant shall maintain a log of charts reviewed which include the identifier for the patient’s charts, reviewers’ names, and dates of review. C. Each physician assistant shall meet face to face, either in person or via video conferencing, with a supervisory physician once per quarter for the purpose of quality assurance, and this meeting must be documented.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.7 Rule 1.7

| Termination The physician assistant shall notify the Board in writing immediately upon the physician assistant’s termination; physician retirement; withdrawal from active practice; or any other change in employment, functions or activities. Failure to notify can result in disciplinary action.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.8 Rule 1.8

| Duty to Notify Board of Change of Address Any physician assistant who is licensed to practice as a physician assistant in this state and changes his or her practice location or mailing address, shall immediately notify the Board in writing of the change. Failure to notify within 30 days could result in disciplinary action. The Board routinely sends information to licensed physician assistants. Whether it be by U.S. Mail or electronically, it is important that this information is received by the licensee. The licensure record of the licensee should include a physical practice location, mailing address, email address and telephone number where the Board can correspond with the licensee directly. The Board discourages the use of office personnel’s mailing and email addresses as well as telephone numbers. Failure to provide the Board with direct contact information could result in disciplinary action.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.9 Rule 1.9

| Continuing Education Each licensed physician assistant must show proof of completing not less than 100 hours of continuing medical education (CME) over a two-year cycle, 50 hours of which must be Category 1, as defined by the Accreditation Council for Continuing Medical Education (ACCME), American Academy of Physician Assistants (AAPA), American Medical Association (AMA), or American Osteopathic Association (AOA), as a condition precedent to renewing his or her license. Physician assistants who are certified by the NCCPA may meet this requirement by providing evidence of current NCCPA certification. For the purposes of this regulation, the two-year period begins July 1, 2022, and every two years thereafter. All physician assistants authorized to prescribe controlled substances must show proof of completing 100 hours of CME each cycle, 50 hours of which must be Category 1, as defined by the ACCME, AAPA, AMA, or AOA, and 5 hours of which must be related to the prescribing of medications with an emphasis on controlled substances.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.10 | Identification

The supervising physician shall be responsible to ensure that any physician assistant under his or her supervision does not advertise or otherwise hold himself or herself out in any manner which would tend to mislead the general public or patients. Physician assistants shall, at all times when on duty, wear a name tag, placard or plate identifying themselves as physician assistants.

Physician assistants may not advertise in any manner which implies that the physician assistant is an independent practitioner. In accordance with Miss. Code Ann., §41-121-1 et. seq., and in an effort maintain transparency in healthcare, physician assistants practicing in an off-site or satellite office, wherein a supervisory physician is not physically located, are required to post in their office waiting room, in a conspicuous location, the name, credentials and office contact information of their supervisory physician.

A person not licensed as a physician assistant by the Board who holds himself or herself out as a physician assistant is subject to the penalties applicable to the unlicensed practice of medicine.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.11 Rule 1.11

| Physician Liability Prior to the supervision of a physician assistant, the physician’s and/or physician assistant’s insurance carrier must forward to the Board a Certificate of Insurance.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.12 Rule 1.12

| Renewal Schedule The license of every person licensed to practice as a physician assistant in the state of Mississippi shall be renewed annually. On or before May 1 of each year, the State Board of Medical Licensure shall notify every physician assistant to whom a license was issued or renewed during the current licensing year the process of licensure renewal. The notice shall provide instructions for obtaining and submitting applications for renewal. 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 along with the renewal fee of an amount established by the Board. The payment of the annual license renewal fee shall be optional with all physician assistants 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. A physician assistant practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in the paragraph above may be reinstated by the Board upon completion of a reinstatement form and 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 the license renewal remains delinquent. Any physician assistant not practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in the paragraph above may be reinstated by the Board upon completion of a reinstatement form and payment of the arrearage for the previous five (5) years and the renewal fee for the current year. Any physician assistant who allows his or her license to lapse shall be notified by the Board within thirty (30) days of such lapse. Any person practicing as a physician assistant during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the same penalties as provided in Mississippi Code, Section 73-25-14.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.13 | Disciplinary Proceedings

A. Grounds for Disciplinary Action Against Physician Assistants For the purpose of conducting disciplinary actions against individuals licensed to practice as physician assistants, the Board hereby incorporates those grounds for the non-issuance, suspension, revocation, or restriction of a license or the denial of reinstatement or renewal of a license, as set forth in Mississippi Code, Sections 73-25-29 and 73-25-83. As a basis for denial, suspension, revocation or other restriction, the Board may initiate disciplinary proceedings based upon any one or more of those grounds as set forth in Sections 73-25- 29 and 73-25-83, and may make provision for the assessment of costs as provided therein.

B. Hearing Procedure and Appeals 1. No individual shall be denied a license or have his or her license suspended, revoked or restriction placed thereon, unless the individual licensed as a physician assistant has been given notice and opportunity to be heard. For the purpose of notice, disciplinary hearings and appeals, the Board hereby adopts and incorporates by reference all provisions of the “Rules of Procedure” now utilized by the Board for those individuals licensed to practice medicine, osteopathic medicine, and podiatric medicine in the state of Mississippi. C. Reinstatement of License 1. A person whose license to practice as a physician assistant has been revoked, suspended, or otherwise restricted may petition the Mississippi State Board of Medical Licensure to reinstate his or her license after a period of one (1) year has elapsed from the date of the revocation or suspension. 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 Sections 93-11-157 or 93-11-163, as the case may be. 2. The petition shall be accompanied by two (2) or more verified recommendations from physicians or osteopaths licensed by the Board of Medical Licensure to which the petition is addressed and by two (2) or more recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed and such facts as may be required by the Board of Medical Licensure.

The petition may be heard at the next regular meeting of the Board of Medical Licensure but not earlier than thirty (30) days after the petition was filed. No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which he or she is under probation or parole. The hearing may be continued from time to time as the Board of Medical Licensure finds necessary. 3. In determining whether the disciplinary penalty should be set aside and the terms and conditions, if any, which should be imposed if the disciplinary penalty is set aside, the Board of Medical Licensure may investigate and consider all activities of the petitioner since the disciplinary action was taken against him or her, the offense for which he or she was disciplined, his or her activity during the time his or her certificate was in good standing, his or her general reputation for truth, professional ability and good character; and it may require the petitioner to pass an oral examination.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

30 Miss. Admin. Code Pt. 2615, R. 1.14 | Impaired Physician Assistants

For the purpose of the Mississippi Disabled Physician Law, Mississippi Code, Sections 73-25-51 to 73-25-67, any individual licensed to practice as a physician assistant shall be subject to restriction, suspension, or revocation in the case of disability by reason of one or more of the grounds set forth in the Mississippi Disabled Physician Law. If the Board has reasonable cause to believe that a physician assistant is unable to practice with reasonable skill and safety to patients

because of one or more of the conditions described in statute, referral of the physician assistant shall be made, and action taken, if any, in the manner as provided in Sections 73-25-55 through 73-25-65, including referral to the Mississippi Professionals Health Program, sponsored by the Mississippi State Medical Association.

The above rules pertaining to the practice of physician assistants shall become effective September 1, 2000; as amended September 16, 2004; as amended May 19, 2005; as amended March 8, 2007; as amended May 17, 2007; as amended July 10, 2008; as amended May 18, 2012; as amended July 10, 2014; as amended March 15, 2017; as amended February 18, 2019; as amended August 27, 2021; and as amended October 23, 2022.

History

• Source: Miss. Code Ann. §73-26-5 (1972, as amended).

Part 2620 Radiologist Assistants

Chapter 1 The Practice of Radiologist Assistants

30 Miss. Admin. Code Pt. 2620, R. 1.1 Scope

The following rules pertain to radiologist assistants performing any x-ray procedure or operating any x-ray equipment in a physician’s office, hospital or clinical setting.

The radiologist assistant shall evaluate the day’s schedule of procedures with the supervising radiologist and determine where the radiologist assistant’s skills will be best utilized. After demonstrating competency, the radiologist assistant when ordered to do so by the supervising radiologist may: A. Perform selected procedures under the direct supervision of a radiologist including static and dynamic fluoroscopic procedures. B. Assess and evaluate the physiologic and psychological responsiveness of patients undergoing radiologic procedures. C. Evaluate image quality, make initial image observations and communicate observations of image quality to the supervising radiologist. D. Administer intravenous contrast media or other prescribed medications. The radiologist assistant may not interpret images, make diagnoses, or prescribe medications or therapies. The radiologist assistant shall adhere to the Code of Ethics of the American Registry of Radiologic Technologists and to national, institutional and/or departmental standards, policies and procedures regarding the standards of care for patients.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.2 Definitions

For the purpose of Part 2620, Chapter 1 only, the following terms have the meanings indicated: A. “A.R.R.T.” - American Registry of Radiologic Technologists. B. “Full Certification” - Certification obtained by submitting certification issued by the A.R.R.T. C. “Radiologist” - A physician licensed by the Mississippi State Board of Medical Licensure who is certified or eligible to be certified by the American Board of Radiology or the American Osteopathic Board of Radiology. D. “Radiologist Assistant Certification” - Certification obtained by submitting proof of A.R.R.T. certification as a radiologist assistant which will enable the holder to perform any and all radiologist assistant procedures or functions as defined in Part 2620, Rule 1.3 in a radiology practice or radiologist’s office. E. “Direct Supervision” - The radiologist must be present in the office suite and immediately available to furnish assistance and direction throughout the performance of all procedures. “Direct supervision” does not mean that the supervising radiologist must be present in the room when the procedure is performed.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.3 Qualifications for Licensure

Applicants for radiologist assistant licensure must be graduates of a radiologist assistant education program accredited by the American Registry of Radiologic Technologists or graduates of an RPA school holding an RA certification from the A.R.R.T., must have passed the radiologist assistant examination provided by the A.R.R.T., must have current and unencumbered registration as a radiologic technologist with the Mississippi State Department of Health, must have current certification in advanced cardiac life support (ACLS), and must meet the following additional requirements: A. Satisfy the Board that he or she is at least twenty-one (21) years of age and of good moral character. B. Submit an application for license on a form supplied by the Board, completed in every detail with a recent passport type photograph. C. Pay the appropriate fee as determined by the Board. D. Present a certified copy of birth certificate or valid passport. E. Submit proof of legal change of name if applicable (notarized or certified copy of marriage license or other legal proceeding). F. Provide information on registration or licensure in all other states where the applicant is or has been registered or licensed as a radiologist assistant. G. No basis or grounds exist for the denial of licensure as provided at Part 2620, Rule 1.12. Radiologist assistants meeting these licensure requirements will be eligible for license renewal so long as they meet standard renewal requirements.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.4 Supervision

Before any radiologist shall supervise a radiologist assistant, the radiologist must present to the Board’s Executive Director a duly executed protocol and obtain written approval to act as a supervising radiologist. The facts and matters to be considered by the Board when approving or disapproving a protocol or supervision arrangement shall include, but are not limited to, how the supervising radiologist and radiologist assistant plan to implement the protocol, the method and manner of supervision, consultation, referral and liability.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.5 Supervising Physician Limited

No radiologist shall be authorized to supervise a radiologist assistant unless that radiologist holds an unrestricted license to practice medicine in the state of Mississippi. The employing radiologist(s) shall exercise supervision and assume full control and responsibility for the services provided by any person practicing as a radiologist assistant employed in the radiologist’s practice. Any services being provided by a radiologist assistant must be performed at either the physical location of the radiologist’s primary medical practice or any healthcare facility where the supervising radiologist holds staff privileges.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.6 Termination

The radiologist assistant and supervising radiologist shall notify the Board in writing immediately upon the radiologist assistant’s termination; radiologist retirement;

withdrawal from active practice; or any other change in employment, functions or activities. Failure to notify can result in disciplinary action.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.7 Duty to Notify Board of Change of Address

Any radiologist assistant who is licensed or receives a license to practice as a radiologist assistant in this state and thereafter changes his or her practice location or mailing address from what was noted in the application upon which he or she received a license, shall immediately notify the Board in writing of the change. Failure to notify within 30 days could result in disciplinary action. The Board routinely sends information to licensed radiologist assistants. Whether it be by U.S. Mail or electronically, it is important that this information is received by the licensee. The licensure record of the licensee should include a physical practice location, mailing address, email address and telephone number where the Board can correspond with the licensee directly. The Board discourages the use of office personnel’s mailing and email addresses as well as telephone numbers. Failure to provide the Board with direct contact information could result in disciplinary action.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.8 Continuing Education

Biennially attend and complete at least twenty-four (24) hours of radiological related continuing education courses sponsored or approved by any of the following organizations: A. Mississippi Society of Radiologic Technologists B. Mississippi Radiological Society C. Mississippi Medical Association or Mississippi Osteopathic Medical Association D. American Medical Association or American Osteopathic Association E. American Society of Radiologic Technologists F. American Registry of Radiologic Technologists G. American College of Radiology or American Osteopathic College of Radiology

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.9 Identification

The supervising physician shall be responsible to ensure that any radiologist assistant under his or her supervision does not advertise or otherwise hold himself or herself out in any manner which would tend to mislead the general public or patients. Radiologist assistants shall at all times when on duty wear a name tag, placard or plate identifying themselves as radiologist assistants.

Radiologist assistants may not advertise in any manner which implies that the radiologist assistant is an independent practitioner. A person not licensed as a radiologist assistant by the Board who holds himself or herself out as a radiologist assistant is subject to the penalties applicable to the unlicensed practice of medicine.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.10 Physician Liability

Prior to the supervision of a radiologist assistant, the physician’s and/or radiologist assistant’s insurance carrier must forward to the Board a Certificate of Insurance.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.11 Renewal Schedule

The license of every person licensed to practice as a radiologist assistant in the state of Mississippi shall be renewed annually.

On or before May 1 of each year, the State Board of Medical Licensure shall notify every radiologist assistant to whom a license was issued or renewed during the current licensing year the process of licensure renewal. The notice shall provide instructions for obtaining and submitting applications for renewal. 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. The payment of the annual license renewal fee shall be optional with all radiologist assistants 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. Such renewal shall render the holder thereof a licensed radiologist assistant as stated on the renewal form. A radiologist assistant practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in this rule may be reinstated by the Board upon completion of a reinstatement form and 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. Any radiologist assistant not practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in this rule may be reinstated by the Board upon completion of a reinstatement form and payment of the arrearage for the previous five (5) years and the renewal fee for the current year.

Any radiologist assistant who allows his or her license to lapse shall be notified by the Board within thirty (30) days of such lapse.

Any person practicing as a radiologist assistant during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the same penalties as provided at Mississippi Code, Section 73-25-14.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.12 Disciplinary Proceedings

A. Grounds for Disciplinary Action Against Radiologist Assistants For the purpose of conducting disciplinary actions against individuals licensed to practice as radiologist assistants, the Board hereby incorporates those grounds for the non-issuance, suspension, revocation, or restriction of a license or the denial of reinstatement or renewal

of a license, as set forth in Mississippi Code, Sections 73-25-29 and 73-25-83. As a basis for denial, suspension, revocation or other restriction, the Board may initiate disciplinary proceedings based upon any one or more of those grounds as set forth in Sections 73-25- 29 and 73-25-83, and may make provision for the assessment of costs as provided therein. B. Hearing Procedure and Appeals No individual shall be denied a license or have his or her license suspended, revoked or restriction placed thereon, unless the individual licensed as a radiologist assistant has been given notice and opportunity to be heard. For the purpose of notice, disciplinary hearings and appeals, the Board hereby adopts and incorporates by reference all provisions of the “Rules of Procedure” now utilized by the Board for those individuals licensed to practice medicine, osteopathic medicine, and podiatric medicine in the state of Mississippi. C. Reinstatement of License 1. A person whose license to practice as a radiologist assistant has been revoked, suspended, or otherwise restricted may petition the Mississippi State Board of Medical Licensure to reinstate his or her license after a period of not less than one (1) year has elapsed from the date of the revocation or suspension. 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 Sections 93-11-157 or 93-11-163, as the case may be. 2. The petition shall be accompanied by two (2) or more verified recommendations from physicians or osteopaths licensed by the Board of Medical Licensure to which the petition is addressed and by two (2) or more recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed and such facts as may be required by the Board of Medical Licensure. The petition may be heard at the next regular meeting of the Board of Medical Licensure but not earlier than thirty (30) days after the petition was filed. No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which he or she is under probation or parole. The hearing may be continued from time to time as the Board of Medical Licensure finds necessary. 3. In determining whether the disciplinary penalty should be set aside and the terms and conditions, if any, which should be imposed if the disciplinary penalty is set aside, the Board of Medical Licensure may investigate and consider all activities of the petitioner since the disciplinary action was taken against him or her, the offense for which he or she was disciplined, his or her activity during the time his or her certificate was in good standing, his or her general reputation for truth, professional ability and good character; and it may require the petitioner to pass an oral examination.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.13 Impaired Radiologist Assistants

For the purpose of the Mississippi Disabled Physician Law, Mississippi Code, Sections 73-25-51 to 73-25-67, any individual licensed to practice as a radiologist assistant shall be subject to restriction, suspension, or revocation in the case of disability by reason of one or more of the following: A. mental illness

B. physical illness, including but not limited to deterioration through the aging process, or loss of motor skills C. excessive use or abuse of drugs, including alcohol If the Board has reasonable cause to believe that a radiologist assistant is unable to practice with reasonable skill and safety to patients because of one or more of the conditions described above, referral of the radiologist assistant shall be made, and action taken, if any, in the manner as provided in Sections 73-25-55 through 73-25-65, including referral to the Mississippi Professionals Health Program, sponsored by the Mississippi State Medical Association.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

30 Miss. Admin. Code Pt. 2620, R. 1.14 Effective Date of Rules

The above rules pertaining to the practice of radiologist assistants shall become effective upon adoption.

Adopted November 16, 2005; amended July 20, 2006; amended November 8, 2007; amended July 10, 2008; amended July 10, 2014; and amended March 16, 2017.

History

• Source: Miss. Code Ann. §41-58-7 (1972, as amended).

Part 2621 Limited X-Ray Machine Operator

Chapter 1 Limited X-ray Machine Operator

30 Miss. Admin. Code Pt. 2621, R. 1.1 Scope

Pursuant to Mississippi Code §41-58-3, an individual who applies ionizing radiation in a physician’s office, radiology clinic or a licensed hospital in Mississippi under the specific direction of a licensed practitioner shall be permitted as a limited x-ray machine operator by the Board.

History

• Source: Miss. Code Ann. §73-25-19 (1972, as amended).

30 Miss. Admin. Code Pt. 2621, R. 1.2 Definitions

A. “Licensed Practitioner” means a person licensed or otherwise authorized by law to practice medicine, osteopathy or podiatry, or a licensed physician assistant. B. “Limited X-Ray Machine Operator” means a person who is issued a permit by the State Board of Medical Licensure to perform medical radiation technology limited to specific radiographic procedures on certain parts of the human anatomy, specifically the chest, abdomen and skeletal structures.

History

• Source: Miss. Code Ann. §73-25-19 (1972, as amended).

30 Miss. Admin. Code Pt. 2621, R. 1.3 Limitations

Limited x-ray machine operators may not perform fluoroscopy, both stationary and mobile (C-arm); contrast studies; computed tomography; nuclear medicine; radiation therapy studies; and mammography.

History

• Source: Miss. Code Ann. §73-25-19 (1972, as amended).

30 Miss. Admin. Code Pt. 2621, R. 1.4 Requirements

Each limited x-ray-machine operator who is employed to apply ionizing radiation in the state of Mississippi shall: A. Submit a completed information form which has been supplied by the Board, completed in every detail. B. Submit proof of completion of twelve hours of Board-approved education in radiologic technology, with six of those hours specifically in radiation protection. C. Pay the appropriate fee as determined by the Board.

History

• Source: Miss. Code Ann. §73-25-19 (1972, as amended).

30 Miss. Admin. Code Pt. 2621, R. 1.5 Renewal

Each limited x-ray machine operator permit will expire June 30 two years after the date the permit is issued. During the two year period in which the limited x-ray machine operator holds a current permit, additional continuing educational hours must be obtained for renewal. In order to renew, each limited x-ray machine operator shall submit biennially: A. an application for permit renewal on a form supplied by the Board, completed in every detail; B. evidence of completing twelve hours of board-approved continuing education with six hours in radiation protection; and

C. a renewal fee as prescribed by the Board.

Adopted September 19, 2013.

History

• Source: Miss. Code Ann. §73-25-19 (1972, as amended).

Part 2625 Acupuncturist

30 Miss. Admin. Code Pt. 2625, R. 1.1 Rule 1.1

| Scope of Practice The following rules pertain to licensed practitioners performing traditional or modern methods or techniques of acupuncture, as permitted by the Mississippi Acupuncture Act. Prior to treating patients utilizing acupuncture, practitioners must conform to all requirements set forth in Miss. Code Ann. § 73-71-1 et. seq., to include the requirement that an evaluation by a licensed physician must take place prior to treatment via acupuncture, as found in § 73-71-7. While treating a patient, a non-physician qualified practitioner shall not make a medical diagnosis but may provide pattern differentiation according to Traditional Chinese Medicine. If a patient’s condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.2 | Definitions

For the purpose of Part 2625, Chapter 1 only, the following terms have the meanings indicated: A. Board means the Mississippi State Board of Medical Licensure. B. Council means the Mississippi Council of Advisors in Acupuncture. C. NCCAOM means the National Certification Commission for Acupuncture and Oriental Medicine. D. ACAHM means the Accreditation Commission of Acupuncture and Herbal Medicine. E. CCAHM means the Council of Colleges of Acupuncture and Herbal Medicine. F. AMA means the American Medical Association. G. AOA means the American Osteopathic Association.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.3 | Physician Acupuncture Licensure Requirements

Acupuncture may be performed in the state of Mississippi by a physician licensed to practice medicine and adequately trained in the art and science of acupuncture. Adequately trained will be defined as a minimum of 200 hours of AMA or AOA approved Category I continuing medical education (CME) in the field of acupuncture. Said CME must include at least 100 clinical hours and 100 didactic hours of training. Such licensed individuals wishing to utilize acupuncture in their practice may do so provided that any and all portions of the acupuncture treatment are performed by the person so licensed, and no surrogate is authorized in this state to serve in his or her stead. The practice of acupuncture by a physician should follow the same quality of standard that the physician, or any other physician in his or her community, would render in delivering any other medical treatment. The applicable standard of care shall include all elements of a doctor-patient relationship. The elements of this valid relationship are:

A. verify that the person requesting the medical treatment is in fact who they claim to be;

B. conduct an appropriate examination of the patient that meets the applicable standard of care and is sufficient to justify the differential diagnosis and proposed therapies; C. discuss with the patient the diagnosis, risks and benefits of various treatment options and obtain informed consent; D. insure the availability of appropriate follow-up care including use of traditional medicine; and E. maintain a complete medical record.

The Board must have on file copies of required CME prior to any Mississippi licensed physician being approved to provide treatment by acupuncture. Licensees approved by the Board to practice acupuncture prior to January 2011 shall not be required to meet the aforementioned CME requirements. Rule 1.4 | Non-Physician Qualifications for Licensure.

Applicants for acupuncture licensure must meet the following requirements:

A. Satisfy the Board that he or she is at least twenty-one (21) years of age and of good moral character. B. Satisfy the Board that he or she is a citizen or permanent resident of the United States of America. C. Submit an application for license on a form supplied by the Board, completed in every detail with a recent photograph (wallet-size/passport type) attached. A Polaroid or informal snapshot will not be accepted. D. Pay the appropriate fee as determined by the Board. E. Present a certified copy of birth certificate or valid and current passport. F. Submit proof of legal change of name if applicable (notarized or certified copy of marriage or other legal proceeding). G. Provide information on registration or licensure in all other states where the applicant is or has been registered or licensed as an acupuncturist. H. Provide favorable references from two (2) acupuncturists licensed in the United States with whom the applicant has worked or trained. I. Provide proof, directly from the institution, of successful completion of an educational program for acupuncturists that are in candidacy status or accredited by ACAHM or its predecessor or successor agency that is at least three (3) years in duration and includes a supervised clinical internship. Any foreign applicant must complete the NCCAOM foreign education route for certification, as this ensures that applicants with education outside the US are recognized. J. Possess current and active NCCAOM Diplomate status in Acupuncture or Oriental Medicine. K. If the applicant is a graduate of an international educational program, provide proof that the applicant has demonstrated proficiency in English by one of the following: 1. Passage of the required NCCAOM examinations taken in English. 2. Passage of the TOEFL (Test of English as a Foreign Language) with a score of 580 or higher on the paper-based test (PBT) or with a score of 90 or higher on the computer- based test (iBT). 3. Passage of the TSE (Test of Spoken English) with a score of 50 or higher.

4. Passage of the TOEIC (Test of English for International Communication) with a score of 785 or higher. L. Provide proof of current cardiopulmonary resuscitation (CPR) certification from either the American Heart Association or the American Red Cross. M. Provide proof of malpractice insurance with a minimum of $1 million dollars in coverage. N. Submit fingerprints for state and national criminal history background checks.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.5 | Patient Records

A licensed acupuncturist shall maintain a complete and accurate record of each patient. The record shall be sufficient to demonstrate a valid acupuncturist-patient relationship: A. verify that the person requesting the medical treatment is in fact who they claim to be; B. conduct and appropriate examination of the patient that meets the applicable standard of care and is sufficient to justify the differential diagnosis and proposed therapies; C. establish a differential diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing; D. discuss with the patient the diagnosis, risks and benefits of various treatment options and obtain informed consent; E. insure the availability of appropriate follow-up care including use of traditional medicine; and F. maintain a complete medical record. Patient records must be maintained in accordance with Part 2635, Chapter 10 Maintenance, Production, and Release of Medical Records. Acupuncturists are subject to a peer review process conducted by the Council.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.6 | Patient Records

A licensed acupuncturist shall maintain a complete and accurate record of each patient. The record shall be sufficient to demonstrate a valid acupuncturist-patient relationship:

A. verify that the person requesting the medical treatment is in fact who they claim to be; B. conduct an appropriate examination of the patient that meets the applicable standard of care and is sufficient to justify the differential diagnosis and proposed therapies; C. establish a differential diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing; D. discuss with the patient the diagnosis, risks and benefits of various treatment options and obtain informed consent; E. insure the availability of appropriate follow-up care including use of traditional medicine; and F. maintain a complete medical record.

Patient records must be maintained for a period of seven (7) years from the date of last treatment or longer if required by future statute or regulation.

At a patient's request, the acupuncturist shall provide the patient or other authorized person a copy of the acupuncture record. Refer to Administrative Code Part 2635 Chapter 10, Release of Medical Records. Acupuncturists are subject to a peer review process conducted by the Council.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.7 Rule 1.7

| Informed Consent Before treating a patient, the acupuncturist shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment and shall obtain the informed consent of the patient. On initially meeting a patient in person, the acupuncturist shall provide in writing the acupuncturist’s name, business address, and business telephone number, and information on acupuncture, including the techniques that are used. While treating a patient, the acupuncturist shall not make a diagnosis. If a patient’s condition is not improving or a patient requires emergency medical treatment, the acupuncturist shall consult promptly with a physician and take the appropriate medical steps.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.8 Rule 1.8

| Duty to Notify Board of Change of Address Any acupuncturist who is licensed to practice in this state and changes their practice location or mailing address shall immediately notify the Board in writing of the change. Failure to notify within thirty (30) days could result in disciplinary action. The Board routinely sends information to licensed acupuncturists. Whether it be by U.S. Mail or electronically, it is important that this information is received by the licensee. The licensure record of the licensee should include a physical practice location, mailing address, email address and telephone number where the Board can correspond with the licensee directly. The Board discourages the use of office personnel’s mailing and email addresses as well as telephone numbers. Failure to provide the Board with direct contact information could result in disciplinary action.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.9 | Continuing Education

A. Every acupuncturist must earn or receive not less than thirty (30) hours of acupuncture related continuing education courses as precedent to renewing their license for the next fiscal year. This thirty (30) hours is per two-year cycle. Excess hours may not be carried over to another two-year cycle. For the purpose of this regulation, the two-year period begins July 1, 2010, and every two years thereafter. Continuing education courses must be sponsored and/or approved by one of the following organizations:

1. Mississippi Council of Advisors in Acupuncture 2. Mississippi Oriental Medicine Association 3. American Society of Acupuncturists 4. National Certification Commission for Acupuncture and Oriental Medicine

2. American Acupuncture Council 6. The Acupuncture and TCM Board of Reproductive Medicine 7. Future NCCAOM approved CEU organizations

B. All persons licensed as acupuncturists must comply with the following continuing education rules as a prerequisite to license renewal. 1. Acupuncturists receiving their initial license to perform acupuncture in Mississippi after June 30 are exempt from the minimum continuing education requirement for the two-year period following their receiving a license. The thirty (30) hour continuing education certification will be due within the next two-year cycle. 2. The approved hours of any individual course or activity will not be counted more than once in a two (2) year period toward the required hour total regardless of the number of times the course or activity is attended or completed by any individual. 3. The Board may waive or otherwise modify the requirements of this rule in cases where there is illness, military service, disability or other undue hardship that prevents a license holder from obtaining the requisite number of continuing education hours. Requests for waivers or modification must be sent in writing to the Executive Director prior to the expiration of the renewal period in which the continuing education is due. 4. Submission of current four-year cycle NCCAOM recertification may count as sufficient in fulfilling the two-year cycle CE requirements in Mississippi, at the discretion of the Executive Director of the board.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.10 Rule 1.10

| Violations Any acupuncturist who falsely attests to completion of the required continuing education, or who fails to obtain the required continuing education may be subject to disciplinary action pursuant to Mississippi Code Sections 73-71-33 and 73-71-35, and may not be allowed to renew their license. If continuing education deficiencies are discovered during an audit of the licensee, the licensee shall be suspended from practice for the longer of (i) a period of three (3) months or (ii) until deficiencies are remedied. Any licensee suspended as a result of a continuing education audit may request a hearing for the purpose of appealing the suspension. Suspension as a result of falsified certification of continuing education shall begin upon determination of the false certification and shall not require notice or hearing as described below. Continuing education obtained as a result of compliance with the terms of the Board Orders in any disciplinary action shall not be credited toward the continuing education required to be obtained in any two (2) year period, unless approved by the Executive Director.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.11 Rule 1.11

| Renewal Schedule The license of every person licensed to practice as an acupuncturist in the state of Mississippi shall be renewed annually.

On or before May 1 of every year, the Board shall notify every acupuncturist who is currently licensed of the forthcoming annual renewal of license. The notice shall provide instructions for obtaining and submitting applications for renewal. 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. The payment of the annual license renewal fee shall be optional with all acupuncturists 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 the applicant a license of renewal for the ensuing one (1) year period, beginning July 1 and expiring June 30 of the succeeding licensure period. An acupuncturist practicing in Mississippi who allows a license to lapse by failing to renew the license as provided in the foregoing paragraph may be reinstated by the Board on satisfactory explanation for such failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year. If the license has not been renewed within ninety (90) days after its expiration, the renewal shall be assessed a late fee of $200. Any acupuncturist who allows a license to lapse shall be notified by the Board within thirty (30) days of such lapse. Any acupuncturist who fails to renew a license within four (4) years after its expiration may not renew that license. The license will become null and void and the acupuncturist will have to apply for and obtain a new license. Any person practicing as an acupuncturist during the time a license has lapsed shall be considered an illegal practitioner and shall be subject to Mississippi Code Sections 73-71-33 and 73-71-35. Rule 1.12 | Professional Ethics All license holders shall comply with the Code of Ethics adopted by the NCCAOM except to the extent that they conflict with the laws of the State of Mississippi or the rules of the Board. If the NCCAOM Code of Ethics conflicts with state law or rules, the state law or rules govern the matter. Violation of the Code of Ethics or state law or rules may subject a license holder to disciplinary action pursuant to Part 2625, Rule 1.10.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.13 | Disciplinary Proceedings

A. Hearing Procedure an Appeals No individual shall be denied a license or have a license suspended, revoked or restriction placed thereon, unless the individual licensed as an acupuncturist has been given notice and opportunity to be heard. For the purpose of notice, disciplinary hearings and appeals, the Board hereby adopts and incorporates by reference all provisions of the “Rules of Procedure” now utilized by the Board for those individuals licensed to practice medicine in the state of Mississippi. B. Reinstatement of License

1. A person whose license to practice as an acupuncturist has been revoked, suspended, or otherwise restricted may petition the Board to reinstate their license after a period of one (1) year has elapsed from the date of the revocation or suspension. 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 Sections 93- 11-157 or 93-11-163, as the case may be. 2. The petition shall be accompanied by two (2) or more verified recommendations from physicians or acupuncturists licensed by the Board to which the petition is addressed and by two (2) or more recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed and such facts as may be required by the Board. The petition may be heard at the next regular meeting of the Board but not earlier than thirty (30) days after the petition was filed. No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which he or she is under probation or parole. The hearing may be continued from time to time as the Board finds necessary. 3. In determining whether the disciplinary penalty should be set aside and the terms and conditions, if any, which should be imposed if the disciplinary penalty is set aside, the Board may investigate and consider all activities of the petitioner since the disciplinary action was taken against him or her, the offense for which he or she was disciplined, their activity during the time their license was in good standing, their general reputation for truth, professional ability and good character; and it may require the petitioner to pass an oral examination.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.14 | Impaired Acupuncturists

Any individual licensed to practice as an acupuncturist, shall be subject to restriction, suspension, or revocation in the case of disability by reason of one or more of the following: A. mental illness, or B. physical illness, including but not limited to deterioration through the aging process, or loss of motor skills C. excessive use or abuse of drugs, including alcohol If the Board has reasonable cause to believe that an acupuncturist is unable to practice with reasonable skill and safety to patients because of one or more of the conditions described above, referral of the acupuncturist shall be made, and action taken, if any, in the manner as provided in Sections 73-25-55 through 73-25-65, including referral to the Mississippi Professionals Health Program, sponsored by the Mississippi State Medical Association.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.15 | Use of Professional Titles A licensee shall use the title “Acupuncturist” or “Licensed Acupuncturist,” “Lic

Ac.,” or “L.Ac.,” immediately following his/her name on any advertising or other materials visible to the public which pertain to the licensee’s practice of acupuncture. Only persons licensed as an acupuncturist may use these titles. A licensee who is also licensed in Mississippi as a physician, dentist,

chiropractor, optometrist, podiatrist, and/or veterinarian is exempt from the requirement that the licensee’s acupuncture title immediately follow his/her name.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.16 | Acupuncture Advertising

Misleading or Deceptive Advertising

Acupuncturists shall not authorize or use false, misleading, or deceptive advertising, and, in addition, shall not engage in any of the following: A. Hold themselves out as a physician or surgeon or any combination or derivative of those terms unless also licensed by the Board of Medical Licensure as a physician as defined under the Mississippi Medical Practice Act. B. Use the terms "board certified." Acupuncturists may use the term “certified” provided the advertising also discloses the complete name of the board which conferred the referenced certification. C. Use the terms "certified" or any similar words or phrases calculated to convey the same meaning if the advertised certification has expired and has not been renewed at the time the advertising in question was published, broadcast, or otherwise promulgated.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

30 Miss. Admin. Code Pt. 2625, R. 1.17 Rule 1.17

| Sale of Goods from Practitioner’s Office Acupuncturists should be mindful of appropriate boundaries in the sale of goods with patients, should avoid coercion in the sale of goods in their offices, and should not engage in exclusive distributorship and/or personal branding. Acupuncturists should make available disclosure information with the sale of any goods in order to inform patients of their financial interests. Acupuncturists may make available for sale in their offices durable medical goods essential to the patient’s care and non-health related goods.

Adopted January 20, 2000; amended October 17, 2009; amended March 24, 2011; amended July 10, 2014; and amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-71-13 (1972, as amended).

Part 2630 Collaboration/Consultation

Chapter 1 Collaboration with Nurse Practitioners Rule 1.1 Scope. These rules apply to all individuals licensed to practice medicine or osteopathic medicine in the state of Mississippi.

30 Miss. Admin. Code Pt. 2630, R. 1.2 | Definitions

For the purposes of Part 2630, Chapter 1 only, the following terms have the meanings indicated: A. “Physician” means any person licensed to practice medicine or osteopathic medicine in the state of Mississippi who holds an unrestricted license, whose practice or prescriptive authority is not limited as a result of voluntary surrender or legal/regulatory order, and who practices within the state of Mississippi for a minimum of twenty (20) hours per week or eighty (80) hours per month (does not include telemedicine or chart review). Exceptions to the in-state practice requirement may be granted by the Board, by and through the Executive Committee, in cases demonstrating good cause. Additionally, temporary permission may be granted by the Executive Director until the request can be heard before the Executive Committee. B. “Primary Care Physician” means a physician whose practice is limited to, or defined as, Family Practice, General Internal Medicine, Mental Health, Women’s Health, and/or General Pediatrics. C. “Extended Mileage Collaboration” means a collaborative relationship wherein patients are treated by a nurse practitioner who is located more than seventy-five (75) miles away from the collaborative physician. Excluded from this definition are all licensed hospitals, state health department facilities, federally qualified community health clinics, and volunteer clinics. D. “Primary Office” means the usual practice location of a physician and being the same location reported by that physician to the Mississippi State Board of Medical Licensure and the United States Drug Enforcement Administration as his/her primary practice location. E. “Collaborating/Consulting Physician” means a physician who, pursuant to a duly executed protocol, has agreed to collaborate/consult with a nurse practitioner. F. “Nurse Practitioner” or “APRN” means any person licensed to practice nursing in the state of Mississippi and certified by the Mississippi Board of Nursing to practice in an expanded role as a nurse practitioner.

G. “Federal Facility” means any medical facility that conducts patient care on federal property and is operated directly by the federal government (e.g., the Veteran’s Administration hospitals and clinic system). H. “Protocol” or “Collaborative Agreement” is a contractual document which sets forth the expectations, practice permissions and boundaries of the relationship between the physician and the APRN.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.3 Rule 1.3

| Duty to Report Collaborative Relationships Physicians who wish to collaborate must add the APRN to his/her file via the Medical Enforcement and Licensure System (MELS) Online Licensure Gateway, or its successor, prior to the commencement of patient care under the agreed protocol, and must submit all required information regarding the collaboration to the Board. Physicians who collaborate with an APRN who either will be on-site with the physician or within seventy-five (75) miles are not required to submit the formal documentation (i.e., the protocol) to the Board for approval.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.4 Rule 1.4

| Extended Mileage Collaboration and Board Review Physicians who plan to collaborate with APRNs in locations beyond seventy-five (75) miles from the physician, known as Extended Mileage Collaboration, must submit the protocol for approval prior to the commencement of patient care under the protocol. Primary Care Extended Mileage is discussed in Rule 1.5. If a primary care provider does not meet the requirements of Rule 1.5, a protocol must be submitted.

The facts and matters to be considered by the Board regarding any collaborative relationship shall include, but are not limited to, how the collaborating physician and APRN plan to implement the protocol, compatibility of practice (e.g., specialty compatibility or day-to-day practice differences), the method and manner of collaboration, the availability of backup coverage, consultation, and referral.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.5 Rule 1.5

| Primary Care Extended Mileage Primary care physicians, as defined in Rule 1.2, shall have no mileage restrictions placed on the collaborative agreement between the physician and the nurse practitioner if the following conditions are met:

1. The collaborative agreement is between a primary care physician and a primary care nurse practitioner. 2. The physician is in a compatible practice (e.g., same specialty, treat the same patient population) with the nurse practitioner.

2. The physician utilizes electronic medical records (EMR) in his/her practice, has direct access to the EMR utilized by the APRN, and also utilizes EMR in the formal quality improvement program. 4. The physician practices within the State of Mississippi for a minimum of twenty (20) hours per week or eighty (80) hours per month (does not include telemedicine).

All other requirements stated herein regarding collaborative agreements/relationships with nurse practitioners shall apply.

History

• Source: Miss. Code Ann., §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.6 Rule 1.6

| Backup and Emergency Coverage Physicians with collaborative relationships with an APRN must ensure backup physician coverage when the primary collaborative physician is unavailable, which includes being outside the approved distance for Extended Mileage. The backup physician must be a signatory to the protocol. In the event securing backup coverage is not possible, the primary collaborator and the APRN may agree, via terms written in the protocol, that no patients will be seen when the primary collaborator is unavailable.

In the event of death, unexpected disability (physical/mental), or unexpected relocation, which would result in the APRN not having a collaborative physician, the Nursing Board can notify the Mississippi State Board of Medical Licensure. In order that patients may continue to be treated without interruption of care, the APRN may, subject to the approval of the Nursing Board and Medical Board, be allowed to continue to practice for a 90‐day grace period while the APRN attempts to secure a collaborative physician without such practice being considered the practice of medicine. The Executive Director of Mississippi State Board of Medical Licensure, or a designee, will serve as the APRN’s collaborative physician, with the agreement of the Mississippi Board of Nursing. If a collaborative physician has not been secured at the end of the 90‐day grace period, an additional 90‐day extension may be granted by mutual agreement of the Mississippi Board of Nursing and the Mississippi State Board of Medical Licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.7 Rule 1.7

| Billing for Collaborative Oversight Physicians who collaborate with APRNs, who choose to charge or bill the APRNs for the physician’s time related to collaboration, should negotiate at rates considering fair market value.

For the purposes of this regulation, “Reasonable Rates” are as obtained from data maintained by the Medical Group Management Association (MGMA) or a similar resource.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.8 Rule 1.8

| Quality Improvement Each collaborative relationship shall include and implement a formal quality improvement (QI) program which shall be maintained on site and shall be available for inspection by representatives of the Mississippi State Board of Medical Licensure. The quality assurance/quality improvement program shall consist of:

A. Review by a collaborative physician of a random sample of charts, as chosen by the collaborative physician or EMR algorithm, that represent 10% or 20 charts, whichever is less, of patients seen by the APRN every month. Charts should represent the variety of patient types seen by the APRN. Patients that the APRN and collaborating physician have consulted on during the month will count as one chart review. B. The physician shall ensure maintenance of a log of charts reviewed which include the identifier for the patients’ charts, reviewers’ names, dates of review, conditions treated, and any comments made by the physician regarding care provided. This log may be kept in paper or electronic format, but it must demonstrate that the collaborative physician has reviewed the charts and provided appropriate feedback for the APRN. C. A collaborative physician shall meet face to face, in person, with each collaborative APRN once per quarter for the purpose of quality assurance, and this meeting shall be documented in the same manner as chart review. The physician denoted as the primary collaborator within MELS, or, in the absence of a noted primary, the physician performing most of the chart review, is ultimately responsible for all QI requirements.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 1.9 Rule 1.9

| Violation of Rules Any violation of the rules as enumerated above shall constitute unprofessional conduct in violation of Miss. Code Ann., § 73-25-29(8).

History

• Source: Miss. Code Ann., §73-43-11 (1972, as amended)

30 Miss. Admin. Code Pt. 2630, R. 1.10 Rule 1.10

| Federal Facilities Physicians who work within a federal facility that operates under federal law or mandate, and which has established APRNs to be independent providers, are not required to collaborate as described within these rules. As such, physicians in these facilities are not required or otherwise expected to sign off on charts or other documentation for patients whom the physician has not been formally consulted on. Further, any physician signatures on records for patients seen by APRNs in those settings described herein will not be construed as collaborative or supervisory approval of any care provided by said APRNs.

History

• Source: Miss. Code Ann. §73‐43‐11 (1972, as amended).

Chapter 2 The Supervision of Pharmacists

30 Miss. Admin. Code Pt. 2630, R. 2.1 Preamble

To optimize the favorable professional working relationship that already exists between the state of Mississippi’s physician and pharmacist communities, the following is directed.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.2 Scope

These rules apply to all individuals licensed to practice medicine or osteopathic medicine in the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.3 Definitions

For the purpose of Part 2630, Chapter 2 only, the following terms have the meanings indicated: A. “Physician” means any person licensed to practice medicine or osteopathic medicine in the state of Mississippi. B. “Supervising Physician” means a physician who, pursuant to a duly executed written guideline or protocol as hereinafter defined, has agreed to supervise a pharmacist and is the physician responsible for the overall management and supervision for the activities of the pharmacist as is directly related to patients receiving medications or disease management services under the protocol. C. “Pharmacist” means any person licensed to practice pharmacy in the state of Mississippi, who has met all requirements of Article XXXVI of the rules and regulations of the Mississippi State Board of Pharmacy to either (i) accept patients referred by a physician, (ii) initiate or modify drug therapy, or (iii) order lab work, all in accordance with written guidelines or protocols as hereinafter defined. D. “Written Guideline" or "Protocol” means an agreement in which a physician authorized to prescribe drugs delegates to a pharmacist authority to consult with a patient or to conduct specific prescribing functions in an institutional setting, or with individual patients, provided that a specific protocol agreement is signed on each patient and is filed with the Mississippi State Board of Pharmacy as required by Mississippi Code, Section 73-21-73(ll) and is filed with this Board.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.4 Board Review - Protocol Format

A. Before any physician shall execute a protocol to supervise a pharmacist in the care or consultation with a patient, or initiation and/or modification of prescription drug therapy, and/or ordering lab work, the supervising physician must jointly execute a written guideline or protocol with the pharmacist and thereafter file the same with the Mississippi State Board of Medical Licensure.

B. No protocol agreement authorizing the care or consultation with a patient, or initiation and/or modification of prescription drug therapy shall be executed by a physician unless the protocol shall meet at a minimum the following requirements: 1. Identifies the physician who agrees to supervise the pharmacist and the scope of the physician’s active practice. 2. Describes the specific responsibilities authorized by the supervising physician. 3. Describes the method the pharmacist shall use to document decisions or recommendations the pharmacist makes to the supervising physician. 4. Describes the patient activities the supervising physician requires the pharmacist to monitor. 5. Describes the types of reports the supervising physician requires the pharmacist to report and the schedule by which the pharmacist is to submit these reports. 6. Includes a statement of the medication categories and the type of initiation and modification of drug therapy that the supervising physician authorizes the pharmacist to perform. 7. Describes the procedures or plan that the pharmacist shall follow if the pharmacist exercises initiation and modification of drug therapy. 8. Indicates the date the supervising physician’s supervision ends. The duration of the protocol agreement shall not exceed one (1) year. 9. Be dated and signed by the pharmacist(s) and the supervising physician. If more than one physician agrees to supervise the pharmacist(s), each physician and pharmacist(s) shall sign and date the protocol. 10. Includes a statement that stipulates that the patient has been notified by the pharmacist(s) and the supervising physician that a protocol agreement exists. 11. Includes a statement which certifies that the physician(s) has advised their respective malpractice liability carriers concerning the protocol and supervisory relationship, and that any potential liability that may ensue as a result of implementing the protocol agreement, shall be covered by the malpractice liability insurance policies or endorsements thereto.

C. No protocol agreement authorizing the ordering of lab work by a pharmacist shall be executed by a physician unless the protocol shall meet at a minimum the following requirements: 1. Identifies the physician who agrees to supervise the pharmacist and the scope of the physician’s active practice. 2. Describes the specific responsibilities authorized by the supervising physician, including the type of lab tests the supervising physician authorizes the pharmacist to order. 3. Describes the method the pharmacist shall use to document decisions or recommendations the pharmacist makes to the supervising physician. 4. Describes the patient activities the supervising physician requires the pharmacist to monitor. 5. Describes the types of reports the supervising physician requires the pharmacist to report and the schedule by which the pharmacist is to submit these reports. 6. Describes the procedures or plan that the pharmacist shall follow if the pharmacist orders lab tests.

7. Describes the process which the physician employs to periodically monitor the pharmacist’s interpretation of the lab tests. 8. Indicates the date the supervising physician’s supervision ends. The duration of the protocol agreement shall not exceed one (1) year. 9. Be dated and signed by the pharmacist(s) and the supervising physician. If more than one physician agrees to supervise the pharmacist(s), each physician and pharmacist(s) shall sign and date the protocol. 10. Includes a statement that stipulates that the patient has been notified by the pharmacist(s) and the supervising physician that a protocol agreement exists. 11. Includes a statement which certifies that the physician(s) has advised their respective malpractice liability carriers concerning the protocol and supervisory relationship, and that any potential liability that may ensue as a result of implementing the protocol agreement, shall be covered by the malpractice liability insurance policies or endorsements thereto.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.5 Supervising Physician Limited

No physician shall be authorized to supervise a pharmacist unless that physician holds an unrestricted license to practice in the state of Mississippi. Likewise, no physician shall be authorized to supervise a pharmacist unless that pharmacist holds an unrestricted license to practice in the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.6 Termination or Changes in the Protocol

Any physician desirous of termination or amending the supervisory protocol with a pharmacist shall so notify in writing, the pharmacist, the Mississippi State Board of Pharmacy and the Mississippi State Board of Medical Licensure to the attention of the Executive Director. The notification shall include the name of the pharmacist, the desired change, and proposed effective date of change.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.7 Violation of Rules/Disapproval of Supervision

Any violation of the rules as enumerated above shall constitute unprofessional conduct in violation of Mississippi Code, Section 73-25- 29(8).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2630, R. 2.8 Effective Date of Rules

The above rules pertaining to supervising physicians shall become effective November 18, 1999.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Part 2635 Practice of Medicine

30 Miss. Admin. Code Pt. 2635, R. 1.1 Scope

The following regulation sets forth the policies of the Mississippi State Board of Medical Licensure regarding post-operative surgical care rendered by individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 1.2 Definitions

For the purpose of Part 2635, Chapter 1 only, the following terms have the meanings indicated: A. “Auxiliary” or “Auxiliaries” shall include, but is not limited to, registered nurses, licensed practical nurses, certified nursing assistants, physical therapists, nurse practitioners and optometrists. B. “Under the supervision” means to critically watch, direct, advise and oversee, and to inspect and examine the actions of another health care practitioner. C. “Physician” means any person licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi. D. “Surgery” is defined as any operative procedure, including the use of lasers, performed upon the body of a living human being for the purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, relieving suffering or any elective procedure for aesthetic, reconstructive or cosmetic purposes, to include, but not be limited to: incision or curettage of tissue or organ; suture or other repair of tissue or organ, including a closed as well as an open reduction of a fracture; extraction of tissue including premature extraction of the products of conception from the uterus; insertion of natural or artificial implants; or an endoscopic procedure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 1.3 Informed Consent

The responsibility for medical and surgical diagnoses is that of the licensed physician. In addition, it is the responsibility of the operating physician to explain the procedure and to obtain informed consent of the patient. It is not necessary, however, that the operating physician obtain or witness the signature of a patient on a written form evidencing informed consent.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 1.4 Post-Surgical Care

The management of post-surgical care is the responsibility of the operating physician. The operating physician should provide those aspects of post-surgical care which are within the unique competence of the physician. Patients are best served by having post- surgical care conducted by the physician who best knows their condition--the operating physician. Where the operating physician cannot personally provide post-surgical care, the physician must arrange before surgery for post-surgical care to be performed by another qualified physician who is acceptable to the patient. In this case, the operating physician may delegate discretionary post- operative activities to a qualified licensed physician. Like the operating physician, the physician

to whom a patient has been referred for post-surgical care should provide, at a minimum, those aspects of post-surgical care that are not delegable. Unless otherwise provided by law, delegation of post-surgical activities to an auxiliary is permitted only if the auxiliary is under the supervision of the operating physician or the physician to whom the operating physician has referred a patient for post-surgical care. While an auxiliary may be authorized by law to provide certain aspects of post-surgical care, this does not relieve the operating physician of his or her responsibility to provide post-surgical care or arrange for the delegation of post-surgical care, when appropriate, as required by this rule. Those aspects of post-surgical care which may be delegated to an auxiliary must be determined on a case-by-case basis, but shall be limited to those procedures which the auxiliary is authorized by law to perform and within the unique competence and training of the auxiliary.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 1.5 Effective Date of Rules

The rules pertaining to Surgery/Post-Operative Care shall become effective October 23, 1994. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.1 Scope

This regulation sets forth the policies of the Mississippi State Board of Medical Licensure regarding office based surgery rendered by individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.2 Definitions

For the purpose of Part 2635, Chapter 2 only, the following terms have the meanings indicated: A. “Surgery” is defined as any operative procedure, including the use of lasers, performed upon the body of a living human being for the purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, relieving suffering or any elective procedure for aesthetic, reconstructive or cosmetic purposes, to include, but not be limited to: incision or curettage of tissue or organ; suture or other repair of tissue or organ, including a closed as well as an open reduction of a fracture; extraction of tissue including premature extraction of the products of conception from the uterus; insertion of natural or artificial implants; or an endoscopic procedure. The use of local, general or topical anesthesia and/or intravenous sedation is the prerogative of the surgeon. B. “Surgeon” is defined as a licensed physician performing any procedure included within the definition of surgery. C. Implicit within the use of the term “equipment” is the requirement that the specific item named must meet current performance standards. D. “Office surgery” is defined as surgery which is performed outside a hospital, an ambulatory surgical center, abortion clinic, or other medical facility licensed by the Mississippi State Department of Health or a successor agency. Physicians performing Level II or Level III office based surgery must register with the Mississippi State Board

of Medical Licensure. A copy of the registration form is attached hereto (Appendix A). E. A “Surgical Event” for the purpose of this regulation is recognized as a potentially harmful or life-threatening episode related to either the anesthetic or the surgery. Any “Surgical Event” in the immediate perioperative period that must be reported are those which are life-threatening, or require special treatment, or require hospitalization, including, but not limited to the following: (1) serious cardiopulmonary or anesthetic events; (2) major anesthetic or surgical complications; (3) temporary or permanent disability; (4) coma; or (5) death.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.3 General Requirements for Office Surgery

For all surgical procedures, the level of sterilization shall meet current OSHA requirements. The surgeon must maintain complete records of each surgical procedure, including anesthesia records, when applicable and the records on all Level II and Level III cases shall contain written informed consent from the patient reflecting the patient’s knowledge of identified risks, consent to the procedure, type of anesthesia and anesthesia provider. The surgeon must maintain a log of all Level II and Level III surgical procedures performed, which must include a confidential patient identifier, the type of procedure, the type of anesthesia used, the duration of the procedure, the type of post-operative care, and any surgical events. The log and all surgical records shall be provided to investigators of the Mississippi State Board of Medical Licensure upon request. In any liposuction procedure, the surgeon is responsible for determining the appropriate amount of supernatant fat to be removed from a particular patient. Using the tumescent method of liposuction, the surgeon must fully document the anticipated amount of material to be removed in a manner consistent with recognized standards of care. Post-operatively, any deviation from the anticipated amount, and the reason for deviation, should be fully documented in the operative report. Morbidly obese patients should have liposuction performed in the hospital setting unless the surgeon can document significant advantage to an alternative setting. A policy and procedure manual must be maintained in the office and updated annually. The policy and procedure manual must contain the following: duties and responsibilities of all personnel, cleaning and infection control, and emergency procedures. The surgeon shall report to the Mississippi State Board of Medical Licensure any surgical events that occur within the office based surgical setting. This report shall be made within 15 days after the occurrence of a surgical event. A suggested form for reporting is attached hereto (Appendix B). The filing of a report of surgical event as required by this rule does not, in and of itself, constitute an acknowledgment or admission of malpractice, error, or omission. Upon receipt of the report, the Board may, in its discretion, obtain patient and other records pursuant to authority granted in Mississippi Code, Section 73-25-28. The surgeon must have a written response plan for emergencies within his or her facility.

In offices where Level II and Level III office based surgery is performed, a sign must be prominently posted in the office which states that the office is a doctor’s office regulated pursuant to the rules of the Mississippi State Board of Medical Licensure. This notice must also appear prominently within the required patient informed consent. Office surgery facilities should adhere to recognized standards such as those promulgated by the American Society of Anesthesiologists’ Guidelines for Office-Based Anesthesia or American Association of Nurse Anesthetists’ Standards for Office Based Anesthesia.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.4 Level I Office Surgery

A. Scope 1. Level I office surgery includes, but not limited to, the following: i. Minor procedures such as excision of skin lesions, moles, warts, cysts, lipomas, Loop Electrosurgical Excision Procedures (LEEP), laser cone of cervix, laser/cautery ablation of warts or other lesions, and repair of lacerations or surgery limited to the skin and subcutaneous tissue performed under topical or local anesthesia not involving drug-induced alteration of consciousness. ii. Incision and drainage of superficial abscesses, limited endoscopies such as proctoscopies, flexible sigmoidoscopies, hysteroscopies, skin biopsies, arthrocentesis, paracentesis, dilation of urethra, cystoscopy procedures, and closed reduction of simple fractures or small joint dislocations (i.e., finger and toe joints). iii. Procedures requiring only topical, local or no anesthesia. Only minimal or no preoperative sedation should be required or used. No drug-induced alteration of respiratory effort or consciousness other than minimal pre-operative tranquilization of the patient is permitted in Level I Office Surgery. iv. Chances of complication requiring hospitalization are remote. 2. Standards for Level I Office Surgery i. Training Required The surgeon's continuing medical education should include management of toxicity or hypersensitivity to local anesthetic drugs. The surgeon’s continuing medical education shall include Basic Life Support Certification. ii. Equipment and Supplies Required Oral airway, positive pressure ventilation device, epinephrine (or other vasopressor), corticosteroids, antihistamines and atropine, if any anesthesia is used. The equipment and skills to establish intravenous access must be available if any other medications are administered. The equipment and supplies should reflect the patient population, i.e., pediatrics, etc.

iii. Assistance of Other Personnel Required No other assistance is required, unless the specific surgical procedure being performed requires an assistant.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.5 Level II Office Surgery

A. Scope

1. Level II Office Surgery is that in which perioperative medication and sedation are used orally, intravenously, intramuscularly, or rectally. If perioperative or intraoperative medication is administered, intraoperative and postoperative monitoring is required. Such procedures include, but are not limited to: hernia repair, hemorrhoidectomy, reduction of simple fractures, large joint dislocations, breast biopsies, dilatation and curettage, thoracentesis, and colonoscopy. 2. Level II Office surgery also includes any surgery in which the patient is sufficiently sedated to allow the patient to tolerate unpleasant procedures while maintaining adequate cardiorespiratory function and the ability to respond purposefully to verbal command and/or tactile stimulation. Patients whose only response is reflex withdrawal from a painful stimulus are sedated to a greater degree than encompassed by this definition. 3. Any procedures that may yield an excessive loss of blood should be covered under Level II. B. Transfer Agreement Required The surgeon must have a written transfer agreement from a licensed hospital within reasonable proximity. The transfer agreement should also include physician coverage of transferred patients if the physician does not have privileges at the hospital. C. Level of Anesthetic Local or peripheral nerve block, including Bier Block, plus intravenous or intramuscular sedation, but with preservation of vital reflexes. D. Training Required To perform office based surgery, the physician must be able to document satisfactory completion of surgical training such as Board certification or Board eligibility by a Board approved by the American Board of Medical Specialties or American Board of Osteopathic Specialties. The certification should include training in the procedures performed in the office setting. Alternative credentialing for procedures outside the physician’s core curriculum must be applied for through the Mississippi State Board of Medical Licensure and reviewed by a multi-specialty board appointed by the Director. In addition to the surgeon, there must be at least one assistant certified in Basic Life Support present during any Level II or III procedure. There should be at least one person certified in Advanced Cardiac Life Support present during any Level II or III procedure unless there is an anesthesiologist or certified registered nurse anesthetist to manage the anesthetic. E. Equipment and Supplies Required 1. Full and current crash cart at the location the anesthetizing is being carried out. The crash cart must include, at a minimum, the following resuscitative medications, or other resuscitative medication subsequently marketed and available after initial adoption of this regulation, provided said medication has the same FDA approved indications and usage as the medications specified below: i. Adrenalin (epinephrine) Abboject 1mg-1:10,000; 10ml ii. Adrenalin (epinephrine) ampules 1mg-1:1000; 1ml iii. Atropine Abboject 0.1mg/ml; 5ml iv. Benadryl (diphenhydramine) syringe 50mg/ml; 1ml v. Calcium chloride Abboject 10%; 100mg/ml; 10ml vi. Dextrose Abboject 50%; 25g/50ml vii. Dilantin (phenytoin) syringe 250mg/5ml

viii. Dopamine 400mg/250ml pre-mixed ix. Heparin 10,000 units/ml; 1 ml vial x. Inderal (propranolol) 1mg/ml; 1 ml ampule xi. Isuprel (isoproterenol) 1mg/5ml; 1:5000 ampule xii. Lanoxin (digoxin) 0.5 mg/2ml ampule xiii. Lasix (furosemide) 40 mg/4ml vial xiv. Lidocaine Abboject 2%; 100mg/5ml xv. Lidocaine 2 grams/500ml pre-mixed xvi. Magnesium sulfate 50%; 20ml vial (1g/2ml) xvii. Narcan (naloxone) 0.4mg/ml; 1ml ampule xviii. Pronestyl (procainamide) 100mg/ml; 10ml vial xix. Romazicon 5ml or 10 ml (0.1mg/ml) xx. Sodium bicarbonate Abboject 50mEq/50ml xxi. Solu-medrol (methylprednisolone) 125mg/2ml vial xxii. Verapamil syringe 5mg/2ml The above dosage levels may be adjusted, depending on ages of the patient population. 2. Suction devices, endotracheal tubes, laryngoscopes, etc. 3. Positive pressure ventilation device (e.g., Ambu) plus oxygen supply. 4. Double tourniquet for the Bier Block procedure. 5. Monitors for blood pressure/EKG/Oxygen saturation and portable approved defibrillator. 6. Emergency intubation equipment. 7. Adequate operating room lighting with onsite backup sufficient to supply required equipment perioperative equipment and monitors for a minimum of two (2) hours. 8. Sterilization equipment or facilities meeting Joint Commission requirements. 9. IV solution and IV equipment. F. Assistance of Other Personnel Required In addition to the surgeon there must be at least one assistant certified in Basic Life Support present during any Level II or III procedure. There should be at least one person certified in Advanced Cardiac Life Support present during any Level II or III procedure unless there is an anesthesiologist or certified registered nurse anesthetist to manage the anesthetic. A registered nurse may only administer analgesic doses of medications on the direct order of a physician. An assisting anesthesia provider, including nurse providing sedation, may not function in any other capacity during the procedure. If additional assistance is required by the specific procedure or patient circumstances, such assistance must be provided by a physician, registered nurse, licensed practical nurse, or operating room technician.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.6 Level III Office Surgery

A. Scope 1. Level III Office Surgery is that surgery which involves, or might foreseeably require, the use of a general anesthesia or major conduction anesthesia and perioperative sedation. This includes the use of: i. Intravenous sedation beyond that defined for Level II office surgery;

ii. General Anesthesia: loss of consciousness and loss of vital reflexes with probable requirement of external support of pulmonary or cardiac functions; or iii. Major Conduction anesthesia. 2. Only patients classified under the American Society of Anesthesiologist’s (ASA) risk classification criteria as Class I, II, or III are appropriate candidates for Level III office surgery. For ASA Class III patients, the surgeon must document in the patient’s record the justification for an office procedure rather than other surgical venues. The record must also document precautions taken that make the office a preferred venue for the particular procedure to be performed. B. Transfer Agreement Required The surgeon must have a written transfer agreement from a licensed hospital within reasonable proximity. The transfer agreement must include physician coverage of transferred patients if the physician does not have privileges at the hospital. Level of Anesthetic 1. General Anesthetic: loss of consciousness and loss of vital reflexes with probable requirement of external support of pulmonary or cardiac functions. 2. Major Conduction: epidural, spinal, caudal or any block of a nerve or plexus more proximal than the hip or shoulder joint including visceral nerve blocks. C. Training Required 1. To perform office based surgery, the physician must be able to document satisfactory completion of surgical training such as board certification or board eligibility by a board approved by the American Board of Medical Specialties or American Board of Osteopathic Specialties. The certification should include training in the procedures performed in the office setting. Alternative credentialing for procedures outside the physician’s core curriculum must be applied for through the Mississippi State Board of Medical Licensure and reviewed by a multi-specialty board appointed by the Executive Director. 2. In addition to the surgeon there must be at least one assistant certified in Basic Life Support present during any Level II or III procedure. There should be at least one person certified in Advanced Cardiac Life Support present during any Level II or III procedure unless there is an anesthesiologist or certified registered nurse anesthetist to manage the anesthetic. 3. Emergency procedures related to serious anesthesia complications should be formulated, periodically reviewed, practiced, updated, and posted in a conspicuous location. D. Equipment and Supplies Required 1. Equipment, medication and monitored post-anesthesia recovery must be available in the office. If anesthetic agents include inhaled agents, other than nitrous oxide, medications must include a stock of no less than 12 vials of Dantrolene. 2. The facility, in terms of general preparation, equipment, and supplies, must be comparable to a free standing ambulatory surgical center, including, but not limited to, recovery capability, and must have provisions for proper record keeping. 3. Blood pressure monitoring equipment; EKG; end tidal CO2 monitor; pulse oximeter, precordial or esophageal stethoscope, emergency intubation equipment and a temperature monitoring device must be available for all phases of perioperative care.

4. Table capable of Trendelenburg and other positions necessary to facilitate the surgical procedure. 5. IV solutions and IV equipment. 6. All equipment and supplies listed under Part 2635, Rule 2.5, Level II. E. Assistance of Other Personnel Required An anesthesiologist or certified registered nurse anesthetist must administer the general or regional anesthesia and a physician, registered nurse, licensed practical nurse, or operating room technician must assist with the surgery. The anesthesia provider may not function in any other capacity during the procedure. A licensed physician or a licensed registered nurse with post-anesthesia care unit experience or the equivalent, and credentialed in Advanced Cardiac Life Support, or in the case of pediatric patients, Pediatric Advanced Life Support, must be available to monitor the patient in the recovery room until the patient has recovered from anesthesia.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 2.7 Effective Date of Rules

The above rules pertaining to office based surgery shall become effective September 1, 2001. Adopted July 31, 2001. Amended April 18, 2002, with a June 1, 2002, effective date. Amended September 19, 2002. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 3 Laser Devices

30 Miss. Admin. Code Pt. 2635, R. 3.1 Laser Devices

The use of laser, pulsed light or similar devices, either for invasive or cosmetic procedures, is considered to be the practice of medicine in the state of Mississippi and therefore such use shall be limited to physicians and those directly supervised by physicians, such that a physician is on the premises and would be directly involved in the treatment if required. These rules shall not apply to any person licensed to practice dentistry if the laser, pulsed light, or similar device is used exclusively for the practice of dentistry. Adopted March 18, 1999. Amended May 19, 2005. Amended January 18, 2007. Amended March 8, 2007. Amended May 17, 2007. Amended March 27, 2008.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 4 Chelation Therapy

30 Miss. Admin. Code Pt. 2635, R. 4.1 Chelation Therapy

The use of EDTA (ethylenediaminetetraacetic acid) outside of FDA approved clinical indications or an approved research protocol (see below) is not permitted. Other off-label uses may be permissible if there is substantial, high-quality research to support such use. The research should be peer-reviewed and published in recognized journals such as those cited in PubMed or in the National Library of Medicine. Specific reference should be made to the publications and research in the medical record. Informed consent for off-label use should be

obtained. Use of EDTA in any other manner may be considered to be violation of Mississippi Code, Section 73-25-29(8)(d). However, EDTA may be used when a licensee experienced in clinical investigations has applied for and received from the Board written approval for off-label use in a clinical investigation. The licensee applying for approval must be the principal investigator for the protocol or subject to the direction of the principal investigator. Advertising EDTA’s administration for off-label use, except for approved research protocols, is prohibited. Such advertising may be considered to be violation of Mississippi Code, Section 73- 25-29(8)(d) and/or the rules promulgated pursuant thereto. Adopted July 18, 2002. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 5 Practice of Telemedicine Rule 5.1 | Definitions For the purpose of Part 2635, Chapter 5 only, the following terms have the meanings indicated: A. “Provider” means any physician or physician assistant who holds an unrestricted license to practice medicine in the state of Mississippi. B. “Telemedicine” is the practice of medicine by a licensed healthcare provider using HIPAA-compliant telecommunication systems, including information, electronic, and communication technologies, remote monitoring technologies and store-and-forward transfer technology. These technologies may be used to facilitate, but are not limited to, provider to patient or provider to provider interactions. The technology must be capable of replicating the interaction of a traditional in-person encounter between a provider and a patient. This definition does not include the practice of medicine through postal or courier services. C. “Emergency Telemedicine” is a unique combination of telemedicine used in a consultative interaction between a physician board certified, or board eligible, in emergency medicine, and an appropriate skilled health professional (nurse practitioner or physician assistant). D. “Primary Center” is any facility providing telemedicine services to Satellite Centers, as defined in definition ‘G’. E. “Remote Monitoring” is defined as the use of technology to remotely track health care data for a patient released to his or her home or a care facility, usually for the intended purpose of reducing readmission rates. F. “Real-Time Telemedicine” is defined as real-time communication using interactive audio and visual equipment, such as a video conference with a specialist, also known as ‘synchronous communication.’

30 Miss. Admin. Code Pt. 2635, R. 5.2 | Licensure The practice of medicine is deemed to occur in the location of the patient

Therefore, only providers holding a valid Mississippi license are allowed to practice any form of telemedicine, as defined in R.5.1, in Mississippi. The interpretation of clinical laboratory studies as well as pathology and histopathology studies performed by physicians without Mississippi licensure is not the practice of telemedicine provided a Mississippi licensed provider is responsible for accepting, rejecting, or modifying the interpretation. The Mississippi licensed provider must maintain exclusive control over any subsequent therapy or additional diagnostics.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 5.3 Rule 5.3

| Informed Consent The provider using any form of telemedicine, as defined in R.5.1, should obtain the patient’s informed consent before providing care via telemedicine technology. In addition to information relative to treatment, the patient should be informed of the risk and benefits of being treated via a telemedicine network including how to receive follow-up care or assistance in the event of an adverse reaction to treatment or if there is a telemedicine equipment failure.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 5.4 | Physician Patient Relationship

In order to practice any form of telemedicine, as defined in R.5.1, a valid “physician patient relationship” must be established. The elements of this valid relationship are:

A. verify that the person requesting the medical treatment is in fact who they claim to be; B. conducting an appropriate history and physical examination of the patient that meets the applicable standard of care; C. establishing a diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing; D. discussing with the patient the diagnosis, risks and benefits of various treatment options to obtain informed consent; E. insuring the availability of appropriate follow-up care; and F. maintaining a complete medical record available to patient and other treating health care providers.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 5.5 Rule 5.5

| Examination Providers using telemedicine technologies to provide medical care to patients located in Mississippi must provide an appropriate examination prior to diagnosis and treatment of the patient. However, this exam need not be in person if the technology is sufficient to provide the same information to the physician as if the exam had been performed face to face. Store-and-Forward Transfer Technology may be used to enhance, but never replace, real-time provider-patient interaction. Provider-patient interaction may be audio-visual or audio only where medically appropriate. Other exams may be appropriate if a licensed health care provider is on site with the patient and is able to provide various physical findings that the physician needs to complete an adequate assessment. However, a simple questionnaire without an appropriate exam is in violation of this policy and may subject the physician to discipline by the Board.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 5.6 Rule 5.6

| Medical Records The provider treating a patient through a telemedicine network must maintain a complete record of the patient’s care. The provider must maintain the record’s confidentiality and disclose the record to the patient consistent with state and federal laws. If the patient has a primary treating physician and a telemedicine provider for the same medical condition, then the primary physician’s medical record and the telemedicine provider’s record constitute one complete patient record.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 5.7 Rule 5.7

| Consultative Physician Limited A duly licensed physician may remotely consult with a duly licensed and qualified Advanced Practice Registered Nurse (“APRN”) or Physician’s Assistant (“PA”), who is in a hospital setting, using telemedicine. The physician providing Emergency Telemedicine must be either board certified or board eligible in emergency medicine. The Board may waive this requirement under extra ordinary circumstances. For the purposes of Emergency Telemedicine services, licensees will only be authorized to provide the aforementioned services to those emergency departments of licensed hospitals who have an average daily census of fifty (50) or fewer acute care/medical surgical occupied beds as defined by their Medicare Cost Report. Exceptions may be considered by the Board for physicians affiliated with facilities maintaining greater than fifty (50) beds, but not more than one hundred (100) beds.

Satellite Centers who receive telemedicine services/assistance from a Primary Center must have a transfer agreement with a facility that offers a higher level of care, in order to send any patients who require transfer for a higher level of care.

History

• Source: Miss. Code Ann., §73-25-34 (1972)

30 Miss. Admin. Code Pt. 2635, R. 5.8 Rule 5.8

| Reporting Requirements Annual reports detailing quality assurance activities, adverse or sentinel events shall be submitted for review to the Mississippi State Board of Medical Licensure by all institutions and/or hospitals operating telemergency programs. Rule 5.9 | Automated Dispensaries Recognizing the emergence of sophisticated technology which allows certain levels of automation to the usual and customary process of seeing a provider, to include obtaining a prescription and then filling that prescription at a pharmacy, automated dispensary systems which provide the patient’s medications pursuant to a valid telemedicine visit with a licensee of the Board will not be considered in violation of Part 2640, Rule 1.9 Requirements for Dispensing Physicians. Any physician utilizing the automated dispensary will be responsible for the proper maintenance and inventory/accountability requirements as if the physician were personally dispensing the medications to the patient from his or her stock in their personal practice, as required in Rule 1.9 of Part 2640. An automated dispensary may not dispense controlled substances, and refills of medications may not be issued without a follow-up visit with the physician. Of paramount importance to any automated dispensary process is the continued emphasis on a patient’s freedom of choice, as it pertains to selecting a pharmacy to fill any prescriptions authorized. The failure of any system utilizing an automated dispensary to appropriately advise the patient of his or her right to choose where their medications are filled will constitute a violation of Part 2640, Rule 1.12 Freedom of Choice. Any telemedicine service devices or systems which contain automated dispensaries, containing medications ordered and maintained by physician licensees, shall be subject to the oversight of the Board and the Mississippi Board of Pharmacy, as stated in Part 2640, Rule 1.9, and may not operate in this state until approved by both Boards.

History

• Source: Miss. Code Ann. §73-25-34 (1972, as amended).

Chapter 6 Electrodiagnostic Testing Rule 6.1 General. Electrodiagnostic testing includes two primary categories: needle electromyography testing and nerve conduction testing.

30 Miss. Admin. Code Pt. 2635, R. 6.2 Delegation of Electrodiagnostic Testing Procedures

Electrodiagnostic testing is a clinical diagnostic study that must be considered only in the light of the clinical finding. The person performing electrodiagnostic testing must be able to elicit the pertinent history and perform the necessary examination to define the clinical problems. Differential diagnoses must be considered, and as abnormalities unfold or fail to unfold during the course of testing, the electrodiagnostic testing may be modified until a probable diagnosis is reached. Electrodiagnostic testing procedures may be delegated to a specifically trained non-physician or physician in a residency or fellowship training program. The responsible electrodiagnostic physician need not be physically present but must be immediately available within the same building throughout the performance of the entire procedure. Adopted November 20, 2003. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 8 Medical Expert Activities by Physicians Rule 8.1 Authority and Purpose. The Mississippi State Board of Medical Licensure (hereinafter referred to as “the Board”) adopts these rules governing medical expert activities by physicians pursuant to Chapters 25 and 43 of Title 73 of the Mississippi Code. The Mississippi State Board of Medical Licensure finds it necessary to fulfill its statutory responsibilities by adopting these rules in order to protect the public, to set professional standards, to enforce the provisions of law regarding the performance of medical expert activities by physicians, and to further other legitimate government purposes in the public interest.

30 Miss. Admin. Code Pt. 2635, R. 8.2 Scope

These rules apply to any physician who performs medical expert activities regarding any person, facility, or entity located within the state of Mississippi, or regarding an

event alleged to have occurred within the state of Mississippi, regardless of the location, type, or status of the physician’s medical expert activity, the presence or absence of the physician expert’s license to practice medicine in Mississippi, the physician expert’s presence or absence of a physician-patient relationship in Mississippi, the type of medical expert activity performed (e.g., oral testimony or a written statement), or the setting in which the medical expert activity is performed (e.g., a state or federal court or administrative agency). No part of these rules is intended to conflict with or supercede the authority of any state or federal court or administrative agency to designate a physician as a medical expert in a legal matter then pending before the court or agency. The Board does not intend for these rules to conflict with or supercede the description or regulation of the function of a physician serving as an “expert” as that term is used in the Mississippi Rules of Evidence or in other provisions of law, rules, or decisions of any court or administrative agency. No part of these rules is intended to conflict with or supercede the authority of a person other than a physician to serve as an expert in a legal matter. Furthermore, the Board does not intend for these rules to have any effect on physicians’ participation in legal proceedings in a capacity other than as a medical expert.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.3 Definition of Medical Expert Activities

For the purposes of these rules only, the Mississippi State Board of Medical Licensure has determined that the definition of the term “medical expert activities” includes, but is not limited to, the use of medical knowledge and professional judgment by a physician to: A. Suggest or recommend to a person any medical advice or other agency (whether material or not material). B. Perform medical services (including, but not limited to, a physical or mental examination of a person). C. Conduct a review of a person’s medical record. D. Serve as a medical consultant. E. Render a medical opinion concerning the diagnosis or treatment of a person. F. Produce a written medical expert opinion report, affidavit, or declaration. G. Give testimony under oath as a medical expert at a state or federal hearing, deposition, trial, administrative agency proceeding, alternative dispute resolution proceeding, or any other legal proceeding, regarding the medical issues in a legal matter or claim for injuries that is then pending in a court or administrative agency, or which may be filed or asserted whether or not such claim ever results in a pending legal matter and which involves a person, facility, or entity located within the state of Mississippi, or an event alleged to have occurred within the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.4 Licensure and Qualification Requirements

Except as otherwise provided by law, rule or regulation of this state, any medical expert activity by a physician regarding a legal matter pending in a state or federal court or administrative agency in Mississippi must be performed by a physician who holds a current unrestricted medical license in Mississippi, another state or foreign jurisdiction, and who has the qualifications to serve as a medical expert on the issue(s) in question

by virtue of knowledge, skill, experience, training, or education. This rule does not supersede the policies and rules of the Board in regards to unreferred diagnostic screening tests. The practice of any physician not licensed in Mississippi that meets the licensure and qualification requirements stated in the above paragraph shall be deemed automatically by the Board to be authorized to include the performance of medical expert activities as an otherwise lawful practice, without any need for licensure verification or further requirement for licensure. In accordance with the provisions of law in Mississippi, any physician not licensed in Mississippi whose practice is deemed automatically by the Board to be authorized to include the performance of medical expert activities as an otherwise lawful practice shall be subject to regulation by the Board regarding the physician’s performance of such medical expert activities in the state of Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.5 Professional Standards

Any physician who performs medical expert activities must: A. Comply with these rules and all applicable provisions of Mississippi law (e.g., statutes, court rules and decisions, and other administrative agency rules) with regard to the performance of medical expert activities. B. Comply with medical ethics principles, including, but not limited to, ethics principles established by the American Medical Association and relevant medical specialty associations. C. Be honest in all professional interactions involving his or her medical expert activities. D. Not accept payment for medical expert activities that is contingent upon the result or content of any medical diagnosis, opinion, advice, services, report, or review; or that is contingent upon the outcome of any case, claim, or legal matter then pending or contemplated. E. Not make or use any false, fraudulent, or forged statement or document.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.6 Professional Accountability for Violation of Rules

Any physician who performs medical expert activities, whether or not licensed to practice medicine in Mississippi, may be disciplined or otherwise held professionally accountable by the Board, upon a finding by the Board that the physician is unqualified as evidenced by behavior including, but not limited to, incompetent professional practice, unprofessional conduct, or any other dishonorable or unethical conduct likely to deceive, defraud, or harm the public. Any violation of Part 2635, Rule 8.5 as enumerated above shall constitute unprofessional conduct in violation of Mississippi Code, Section 73-25-29(8).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.7 Complaint Procedure, Investigation, Due Process, and Actions Available to the Board

Any person who has reason to believe that any physician may have failed to comply with any part of these rules in the performance of medical expert activities may make a complaint to the Mississippi State Board of Medical Licensure on a complaint form that is furnished by the Board. Any physician, whether or not licensed to practice medicine in Mississippi, who performs medical expert activities in the context of a legal matter regarding any person, facility, entity, or event located within the state of Mississippi may be subject to an investigation by the Mississippi State

Board of Medical Licensure upon the receipt of a complaint regarding the physician’s conduct or practice. Any such physician shall be afforded the due process procedures of the law and Board rules. The Board, in its sole discretion, may refer the complaint to the medical licensure authority of another state, or to any other appropriate legal authority. Any physician may request, or may be summoned by the Board, to appear before the Board at a hearing to consider the physician’s compliance with these rules. Any physician’s failure to appear when summoned to a hearing may be deemed by the Board to be a waiver of the physician’s due process opportunity to appear before the Board and may result in a finding by the Board that the physician is out of compliance with these rules in absentia. In disciplining a physician licensed to practice medicine in Mississippi or otherwise holding any physician professionally accountable pursuant to these rules and to the statutes, rulings, and other rules and provisions of Mississippi law, the actions that the Mississippi State Board of Medical Licensure may take include, but are not limited to, one or more of the following: A. Denying, suspending, restricting, or revoking a Mississippi license to practice medicine. B. Administering a public or private reprimand to a Mississippi licensed physician. C. Assessing up to $10,000 of the reasonable investigation costs expended by the Board in investigating a Mississippi licensed physician. D. Moving for an injunction in Chancery Court to prohibit any physician’s further performance of medical expert activities. E. Petitioning the Chancery Court to cite any noncompliant physician for contempt of court. F. Referring the matter to another medical licensure authority or other legal authority for action regarding any physician. G. Any other action regarding any physician that the Board may deem proper under the circumstances (e.g., issuing an advisory letter of concern; issuing a notice of warning; issuing a cease and desist notice; or adopting a resolution of disapproval of any physician’s medical expert activities). Any physician who is found by the Mississippi State Board of Medical Licensure to have failed to comply with any part of these rules may be reported by the Board to any person or organization appropriate under the circumstances in order to enforce or comply with the law or to protect the public, including, but not limited to, the National Practitioner Data Bank, the U.S. Department of Health and Human Services Office of the Inspector General, the Centers for Medicare and Medicaid Services, the Federation of State Medical Boards, the medical licensure authority or state medical association in any state in which the physician is licensed to practice medicine, the American Board of Medical Specialties and any of its member specialty boards, the Mississippi Attorney General or District Attorney, the United States Attorney, any state or federal court or administrative agency, any national or state professional organization or medical specialty association, and any other appropriate person, government agency, healthcare entity, or legal authority.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 8.8 Compliance Policy and Exemptions

In assuring compliance with these rules, the duty shall be on the physician, not on the party who engaged the physician to perform medical expert activities and not on any other person or entity, to ensure that his or her medical expert activities

comply with these rules. Any physician who claims to be exempt from these rules shall have the burden of proving to the Board that the exemption is valid. Amended May 20, 2010.

References. Mississippi Code, Sections 11-1-61, 73-25-27, 73-25-29, 73-25-30, 73-25-33, 73-25-34, 73-25- 83, 73-25-87, 73-43-11, 73-51-1, et al Mississippi Rule of Evidence 702 “Rules, Laws, and Policies of the Mississippi State Board of Medical Licensure.” Published by the Mississippi State Board of Medical Licensure and available at Internet address www.msbml.ms.gov Hall v. Hilbun, 466 So. 2d 856 (Miss. 1985) Code of Medical Ethics, Current Opinions with Annotations. Published by the Council on Ethical and Judicial Affairs of the American Medical Association, 2006-07 edition. “The Role of Licensing Boards in the Evaluation and Discipline of the Expert Witness.” Authored by William J. Wenner, Jr., M.D., J.D. Published in the Journal of Medical Licensure and Discipline, Vol. 90, No. 3, 2004, Pp. 15-20 (collecting cases and scholarly publications) Findings of Fact adopted by the Mississippi State Board of Medical Licensure on May 18, 2006. **

** COMMENT: Based on information presented to the Board at a public hearing on this matter on March 9, 2006, and on May 18, 2006, and on research and analysis of information obtained by Board members and its staff and attorneys, and also on comments received from numerous sources, including the Board’s Consumer Health Committee, leaders of the medical and legal professions, former judges, officials from the Federation of State Medical Boards, and members of the public, the Mississippi State Board of Medical Licensure makes the following Findings of Fact: 1. A physician’s professional practice, conducted pursuant to the privilege of possessing a medical license, historically has been subject to regulation by other members of the medical profession, by methods such as peer review, performance evaluation, quality assurance monitoring, and other methods of regulation. However, there is a problem in Mississippi with the lack of regulation of medical expert activities by physicians. This lack of regulation causes the performance of medical expert activities to be vulnerable to fraud, abuse, dishonesty, deception, incompetence, and other forms of unprofessional, dishonorable, and unethical conduct by physician experts, all of which are harmful to the public. 2. A physician’s performance of medical expert activities involves a lawful part of a physician’s practice that is historically an area of state concern and that the Board has the statutory authority and duty to regulate in order to protect the public. 3. A physician’s medical expert activities involve practices that are likely to affect the health, safety,

Part 2635 Chapter 9 Community-Based Immunization Programs Rule 9.1 Scope. The administration of vaccinations constitutes the practice of medicine, as defined by Mississippi Code Section 73-43-11, and thus may only be performed by a physician licensed

rights, remedies, and general welfare of persons in Mississippi. 4. In keeping with the public policy and provisions of law in Mississippi, the performance of medical expert activities, regardless of the physician expert’s location or state(s) of medical licensure, is a lawful practice that requires a qualified physician, and is therefore subject to regulation by, and professional accountability to, the Mississippi State Board of Medical Licensure. 5. Due to its physician membership and statutory authority, the Mississippi State Board of Medical Licensure is uniquely able to establish and enforce licensure requirements, qualification requirements, and Professional Standards related to the performance of medical expert activities by physicians, especially with regard to ethical conduct and competent practice. 6. Regardless of a physician’s state(s) of medical licensure, a physician who performs medical expert activities in a legal matter has an ethical duty to practice according to the standards of medical professionalism, to perform all medical expert activities in an honest and competent manner, and to strive to report to appropriate entities any physician who is deficient in character or competence or who engages in fraud or deception. 7. In keeping with the public policy and provisions of law in Mississippi and principles of medical ethics, it is unprofessional, dishonorable, and unethical for a physician to willfully state an opinion or a material fact as a medical expert in the context of a legal matter that the physician knows or should know is false, or that a reasonable person could objectively conclude was a misrepresentation or other distortion of the truth, or was intended by the physician to mislead or deceive a judge, juror, lawyer, litigant, other expert, hearing officer, administrative body, investigator, legal authority, or any finder of fact. 8. In adopting these rules, the Mississippi State Board of Medical Licensure has attempted to tailor these rules as closely as possible to the current provisions of Mississippi law, in order to regulate medical expert activities for the legitimate government purpose of protecting the public and to further other legitimate government purposes in the public interest. 9. In adopting these rules, the Mississippi State Board of Medical Licensure states that its intent is only to regulate the conduct and practice of physicians who perform medical expert activities in Mississippi. The Board does not intend for these rules to be subverted or misused by participants in legal proceedings as a procedural weapon to intimidate or harass a physician expert or to delay or otherwise complicate the administration of justice. The Mississippi State Board of Medical Licensure shall provide a copy of these rules, with these Comments appended, to the Mississippi Supreme Court, the Mississippi Court of Appeals, the respective conferences of the Mississippi Circuit, Chancery, and County Judges, the Administrative Office of the Courts, the Mississippi Attorney General, the United States District Courts and United States attorneys located in Mississippi, the Mississippi Workers’ Compensation Commission, the Mississippi Bar Association, the Mississippi State Medical Association, the Federation of State Medical Boards, and any other appropriate person or organization at the discretion of the Board’s Executive Director, with the request that those organizations give notice to their members or other interested parties of the existence of these rules.

to practice medicine in this state, or by a licensed nurse under the direction and supervision of a licensed physician.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).
• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 9.2 Position

It is the position of the Mississippi State Board of Medical Licensure that vaccinations administered pursuant to a community-based public immunization program are considered to be under the direction and supervision of a physician, and thus do not constitute the unlawful practice of medicine, when all of the following criteria are met: A. the vaccinations are administered to the public by a licensed provider who is: 1. authorized under Mississippi statute or regulation to provide vaccinations and is 2. subject to the regulation of a Mississippi regulatory agency. B. The vaccinations are carried out pursuant to state and federal public health immunization programs or other programs which: 1. shall be approved in advance by the Board; 2. shall be conducted under the general supervision of a physician a. licensed in the state of Mississippi, b. who actively practices medicine at least 20 hours/week, and c. resides in the state of Mississippi; and, 3. a single physician assumes responsibility for the safe administration of the vaccine. Adopted March 24, 2011. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 10 Maintenance, Production, and Release of Medical Records Rule 10.1 | Definitions

30 Miss. Admin. Code Pt. 2635, R. 10.2 Rule 10.2

| Medical Records - Property of Licensee Medical records, as defined herein, are and shall remain the property of the licensee in whose facility said records are maintained, subject to reasonable access to the information by authorized individuals or entities. In the case of employed or contracted licensees (those lacking authority to manage or maintain medical records), medical record ownership and retention shall be determined by federal and state statute and regulations. Licensees in such relationships shall make reasonable efforts to assure reasonable access to the information by authorized individuals or entities. Further, licensees should inform patients in writing of procedures for release of records if the licensee is not the custodian of the records.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.3 Rule 10.3

| Record Retention Beginning January 1, 2026, medical records for all new patients, and any patient seen after January 1, 2022, shall be retained by licensees in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a licensee.

Graphic matter, images, X-ray films, and like matter that were necessary to produce diagnostic or therapeutic reports shall be retained, preserved, and properly stored by a licensee in the original, microfilmed, or similarly reproduced form for a minimum period of five (5) years from the date a patient is last treated by the licensee. Such graphic matter, images, X-ray films, and like matter shall be retained for a longer period when requested in writing by the patient.

Before the destruction of any patient records, licensees must provide at least six (6)-months' notice to the patient of the impending record(s) destruction.

Medical records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.4 Rule 10.4

| Regulatory and Legal Requests The Board has the authority to investigate licensees as part of its mission to protect the public.4F

Further, continued licensure by the Board requires the production of medical records when

Miss. Code Ann., §73-43-11

requested.5F

When provided an administrative (i.e., legal) request for in-person inspection or production of copies for removal by the Board, licensees shall comply and provide all records as requested.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.5 Rule 10.5

| Transfer of Patient Records to Another Licensee A licensee shall not refuse for any reason to make the information contained in the medical records available upon valid request by an authorized requesting party to another licensee presently treating the patient. The licensee has a right to request a written release from the patient or legal representative of the patient, authorizing the transfer prior to transfer of said documents. Upon receipt of the written release and authorization, the licensee must tender a copy of said documents to the other licensee within a reasonable period of time. Transfer of said documents shall not be withheld because of an unpaid bill for medical services, but the licensee is entitled to reasonable compensation paid in advance for any copy expenses as provided in Part 2635, Rule 10.6.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.6 Rule 10.6

| Release of Patient Records to Patient A licensee shall, upon request of authorized requesting party holding a written release and authorization, provide a copy of a patient's medical record to the authorized requesting party within a reasonable period of time. In those cases where release of psychiatric/psychological records directly to a patient would be deemed harmful to the patient's mental health or well-being, the licensee shall not be obligated to release the records directly to the patient, but shall, upon request, release the records to the patient's legal representative. The licensee has a right to request a written authorization prior to release of the records to any party other than the patient. Upon receipt of the written release and authorization, the licensee must tender a copy of the records to the authorized requesting party within a reasonable period of time. Transfer of the records shall not be withheld because of an unpaid bill for medical services, but the licensee is entitled to reasonable compensation paid in advance for any copy expenses as provided in Part 2635, Rule 10.6.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.7 Rule 10.7

| Narrative Summary of Medical Record In some cases, a requesting party may wish to obtain a narrative summary of the medical record, in lieu of, or in addition to a copy of the medical record. Upon such a request, the licensee may provide the narrative summary. The licensee may charge a reasonable fee for the time devoted to preparation of the medical record narrative summary

Miss. Code Ann., §73-43-11

30 Miss. Admin. Code Pt. 2635, R. 30 Rule 30

Miss. Admin. Code Pt.2640, Ch. 1, R.1.4 Patient Record

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.8 | Duplication and Administrative Fees

A. Licensees have a right to be reimbursed for duplication and other expenses relating to requests for medical records. The copying charge is set by Mississippi Code, Section 11- 1-52 as follows: 1. Any medical provider or hospital or nursing home or other medical facility shall charge no more than the following amounts to an authorized requesting party for photocopying any patient's records: i. Twenty Dollars ($20.00) for pages one (1) through twenty (20); ii. One Dollar ($1.00) per page for the next eighty (80) pages; iii. Fifty Cents (50¢) per page for all pages thereafter. iv. Ten percent (10%) of the total charge may be added for postage and handling. v. Fifteen Dollars ($15.00) may be recovered by the medical provider or hospital or nursing home or other medical facility for retrieving medical records in archives at a location off the premises where the facility/office is located. vi. In addition, the actual costs of reproducing x-rays or other special records may be included. vii. The duplication and administrative fees authorized herein are not intended to include or restrict any fees charged in relation to expert testimony.

History

• Source: Miss. Code Ann. §11-1-52 (1972, as amended)

30 Miss. Admin. Code Pt. 2635, R. 10.9 Rule 10.9

| Exclusion Federal or state agencies providing benefit programs as well as contractual third-party payers and administrators are excluded from the above stated fees. Records that are requested by state or federal agencies as well as contracted payers and administrators may be billed at rates established by those payers and contracts. The release of records as requested by state or federal agencies or third-party payers and administrators may not be refused for failure to pay required fees.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 10.10 Rule 10.10

| Violation of Rules A refusal by a licensee to release patient records shall constitute unprofessional conduct, dishonorable or unethical conduct likely to deceive, defraud or harm the public in violation of Mississippi Code, Section 73-25-29(8)(d). Amended March 16, 1995. Amended July 18, 2002. Amended September 18, 2003. Amended September 16, 2004. Amended May 17, 2007. Amended January 21, 2010. Amended March 16, 2017. Amended December 23, 2021.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 11 Withdrawn March 16, 2017 Part 2635 Chapter 12: Physician Advertising Rule 12.1 Scope. The following rule on physician advertising applies to all individuals licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi.

30 Miss. Admin. Code Pt. 2635, R. 12.2 Definitions

For the purpose of Part 2635, Chapter 12 only, the following terms have the meanings indicated: A. “Board” means the Mississippi State Board of Medical Licensure. B. “Physician” means any individual licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi. C. “Advertisement” or “Advertising” means any form of public communication, such as office signage, newspaper, magazine, telephone directory, medical directory, radio, television, direct mail, billboard, sign, computer, business card, billing statement, letterhead or any other means by which physicians may communicate with the public or patients.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 12.3 Requirements

A. Subject to the requirements set forth herein below, any advertisement by a physician may include: 1. The educational background or specialty of the physician. 2. The basis on which fees are determined, including charges for specific services. 3. Available credit or other methods of payment. 4. Any other non-deceptive information. B. A physician may publicize himself or herself as a physician through any form of advertisement, provided the communication, (i) shall not be misleading because of the omission of necessary information, (ii) shall not contain any false or misleading statement, or (iii) shall not otherwise operate to deceive. C. Because the public may be deceived by the use of medical terms or illustrations that are difficult to understand, physicians should design the advertisement to communicate the information contained therein to the public in a readily comprehensible manner. D. It is unethical to advertise in such a manner as to create unjustified medical expectations by the public. The key issue is whether advertising or publicity is true and not materially misleading. E. In addition to the above general requirements, any advertisement or other form of public communication shall comply with the following specific requirements: 1. All advertisements and written communications pursuant to these rules shall include the name of at least one (1) physician responsible for its content. In the case of office signage at least one sign in reasonable proximity to the main entrance must bear the name of the responsible physician. 2. Whenever a physician is identified in an advertisement or other written communication, the physician should not be identified solely as “Doctor” or “Dr.” but shall be identified

as M.D. for medical doctors, D.O. for osteopathic physicians and D.P.M. for podiatric physicians. 3. A physician who advertises a specific fee for a particular service or procedure shall honor the advertised fee for at least ninety (90) days unless the advertisement specifies a longer period; provided that for advertisements in the yellow pages of a telephone directory or other media not published more frequently than annually, the advertised fee shall be honored for no less than one (1) year following publication. 4. A physician shall not make statements which are merely self-laudatory or statements describing or characterizing the quality of the physician's services. 5. No physician shall advertise or otherwise hold himself or herself out to the public as being “Board Certified” without, (i) a complete disclosure in the advertisement of the specialty board by which the physician was certified, and (ii) can submit proof of current certification by a specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association. The term “Board Certified” frequently appears in conjunction with a list of services that the physician or clinic provides. The general public could easily be misled into thinking that the physician is certified in all of those services. 6. No physician shall hold himself or herself out as a specialist in a particular field unless that physician has either, (i) completed a residency program recognized by the Accreditation Council for Graduate Medical Education, by the American Osteopathic Association or by the American Podiatric Medical Association and can submit proof that such training was completed, or (ii) can submit proof that the licensee was “grandfathered” into a specialty by board certification by a recognized specialty board of the American Board of Medical Specialties or the American Osteopathic Association. 7. No physician shall compare his or her service with other physicians' services, unless the comparison can be factually substantiated; this precludes the use of terms such as “the best,” “one of the best,” or “one of the most experienced” or the like. 8. Where an advertisement includes a consumer-endorser's experience (i.e., patient testimonials), the advertisement must contain clear and prominent disclosure of (a) what the generally expected outcome would be in the depicted circumstances, and (b) the limited applicability of the endorser's experience. Although testimonials and endorsements are authorized under this rule, compliance will be strictly monitored as endorsements and testimonials are inherently misleading to the lay public and to those untrained in medicine. 9. Any claims of success, efficacy or result (i.e., cure) must have scientific evidence in substantiation of such claims. 10. Any claims that purport to represent “typical” results (results that consumers will generally achieve) must be based on a study of a sample of all patients who entered the program, or, if the claim refers to a subset of those patients, a sample of that subset. 11. Any claim made regarding the safety of a medical procedure or drug must also disclose the risk of adverse medical complications. 12. No physician shall claim to have any drug or medication or use of a drug or medication for a specific ailment or condition unless such drug or medication has an F.D.A. approved indication for such purpose.

13. Any claim that improvements can be achieved through surgery in a specified time period must also include disclosure of the typical recovery time. F. Consistent with federal regulatory standards which apply to commercial advertising, a physician who is considering the placement of an advertisement or publicity release, whether in print, radio or television, should determine in advance that the communication or message is explicitly and implicitly truthful and not misleading. These standards require the advertiser to have a reasonable basis for claims before they are used in advertising. The reasonable basis must be established by those facts known to the advertiser, and those which a reasonable, prudent advertiser should have discovered. G. The above rules do not prohibit physicians or clinics from authorizing the use of the physician's name or clinic name in medical directories, HMO directories, preferred provider agreements or other communications intended primarily for referral purposes.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 12.4 Violation of Rules

The above rules on physician advertising shall not be interpreted to alter or amend that which is otherwise provided by Mississippi statutory law or the rules on advertising adopted by the Federal Trade Commission. If any physician subject to this rule advertises or enters into any communication in violation of the above rules, such act shall constitute unprofessional conduct, which includes dishonorable or unethical conduct likely to deceive, defraud or harm the public, in violation of Mississippi Code, Sections 73-25-29(8)(d) and 73-27-13(h)(iv).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 12.5 Effective Date of Rules

The above rules pertaining to physician advertising shall become effective November 2, 1995. Amended January 24, 2008. Amended March 16, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.1 Rule 13.1

| Scope and Purpose The purpose of this regulation is to set forth the expectations of licensees who wish to practice alternative, complementary, and regenerative forms of medicine as defined below. These rules apply only to individuals who are licensed by the Mississippi State Board of Medical Licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.2 | Definitions For the purpose of Part 2635, Chapter 13 only, the following terms have the meanings indicated: A

“Board” means the Mississippi State Board of Medical Licensure. B. “Complementary”, “Alternative”, and “Regenerative Medicine/Therapy” means those health care methods of diagnosis, treatment, or interventions that are not acknowledged to be conventional but that may be offered by some licensed physicians in addition to, or as an alternative to, conventional medicine. Examples of these therapies include, but are not limited to: IV infusion/hydration therapy, oriental medicine techniques and

practices other than Licensed Acupuncture

, utilization of Artificial Intelligence, and stem cell therapy. C. “Conventional Medical Practices” means those medical interventions that are taught extensively at U.S. medical schools, generally provided at U.S. hospitals, or meet the requirements of the generally accepted standard of care. D. “Informed and Shared Decision Making” means the process by which a physician discusses, in the context of the use of complementary, alternative, and/or regenerative therapies, the risks and benefits of such treatment with the patient. The patient is given an opportunity to express preferences and values before collaboratively evaluating and arriving at treatment decisions. E. “Informed Consent” means evidence documenting appropriate patient consent to a therapy or procedure. F. “Unproven Intervention” means any therapy that lacks compelling evidence, based upon scientific studies, to validate its treatment efficacy.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.3 Rule 13.3

| Alternative Medicine Practices The Board is aware that a growing number of licensees and patients are both implementing and seeking complementary and alternative medicine in their health care. Further, the Board recognizes that innovative practices that could benefit patients and improve care should be given reasonable and responsible degrees of latitude. In reviewing this subject, the Board is also aware of the fact that consumer fraud occurs across the country, and, unfortunately, not infrequently in the practice of medicine. If consumer protection means anything, it should protect people weakened by illness from the dangers attendant to unsound, invalidated, and/or otherwise unsubstantiated practices. Licensees should never agree to perform invalidated or unsound treatments or therapies. The Board feels that licensees may incorporate alternative therapies if research results are promising, and only if the methods utilized are reasonably likely to benefit patients without undue risk. A full and frank discussion of the risks and benefits of all medical practices is expected, and is in the patient’s best interest. Licensees should practice pursuant to informed and shared decision making when determining the utilization of complementary therapies. This style of process is conducive to openly weighing the risks and benefits of the therapies under consideration. While this process is ideal, the licensee is ultimately responsible for the decision-making process. Where evidence is unavailable for a particular treatment in the form of clinical trials or case studies, licensees must only proceed with an appropriate rationale for the proposed treatment, and justification of its use, in relation to the patient’s symptoms or condition. Novel, experimental, and unproven interventions should only be proposed when traditional or accepted proven treatment modalities have been exhausted. In such instances, there must still be a basis in theory or peer-

Regulations regarding Licensed Acupuncture can be found at Title 30, Part 2625 The Practice of Acupuncture

acknowledged practice. The burden rests solely on the licensee in regard to the substantiation supporting the use of a particular therapy. Licensees should be prepared to support any claims made about benefits of treatments or devices with documented evidence, for example with studies published in peer-reviewed publications. Licensees must refrain from charging excessive fees for treatments provided. Further, licensees should not recommend, provide, or charge for unnecessary medical services, nor should they make intentional misrepresentations to increase the level of payment they receive.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.4 Rule 13.4

| Informed Consent Licensees who choose to utilize alternative therapies must obtain written informed consent from the patient prior to the utilization of said therapies. Said informed consent consists of the following elements: 1. The patient, the licensee, and the credentials of the licensee are all identified; 2. The types of transmissions regarding the therapy are identified (e.g., prescription refills, appointment scheduling, patient education, etc.); 3. Overt agreement from the patient with the licensee’s determination about whether or not the condition being diagnosed and/or treated is appropriate for alternative therapy; 4. Express patient consent to forward patient-identifiable information to a third party, if necessary; 5. An accurate description of the benefits and risks of treatment or intervention, based on scientific evidence, as well as an explanation of alternatives to treatment or an intervention, and the right to withdraw from treatment or an intervention without denial of standard of care to patients.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.5 Rule 13.5

| Evaluation Parity of evaluation standards should be established for patients, whether the licensee is using conventional medical practices or alternative therapy. Prior to offering any recommendations for conventional and/or alternative treatments, the physician shall conduct an appropriate medical history and physical examination of the patient, as well as an appropriate review of the patient’s medical records. This evaluation shall include, but is not limited to, conventional methods of diagnosis, and may include other methods of diagnosis as long as the methodology utilized for diagnosis is based upon the same standards of safety and reliability as conventional methods, and shall be documented in the patient’s medical record. The record should also document the following: 1. What medical options have been discussed, offered or tried, and if so, to what effect, or a statement as to whether or not certain options have been refused by the patient or guardian;

American Medical Association, Code of Medical Ethics, Opinion 11.3.1.

2. That proper referral has been offered for appropriate treatment; 3. That the risks and benefits of the use of the recommended treatment, to the extent known, have been appropriately discussed with the patient or guardian; and 4. That the licensee has determined the extent to which the treatment could interfere with any other recommended or ongoing treatment.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.6 Rule 13.6

| Treatment Plan A documented treatment plan tailored to the individual needs of the patient by which treatment progress or success can be evaluated with stated objectives, such as pain relief and/or improved physical and/or psychosocial function. Said treatment plan must consider pertinent medical history, previous medical records and physical examination, as well as the need for further testing, consultations, referrals or the use of other treatment modalities. The treatment offered shall meet the following criteria: 1. A favorable risk/benefit ratio compared to other treatments for the same condition; 2. Be based upon a reasonable expectation that it will result in a favorable patient outcome, including preventive practices; 3. Be based upon the expectation that a greater benefit will be achieved than that which can be expected with no treatment.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.7 Rule 13.7

| Medical Records Any licensee who provides alternative therapy as a component of practice must, as with all other forms of practice, maintain a complete record which substantiates the care provided. Said record shall, at a minimum, include the following: 1. The medical history and physical examination(s); 2. Diagnostic, therapeutic and laboratory results; 3. Results of evaluations, consultations and referrals; 4. Treatment objectives; 5. Discussion of risks and benefits; 6. Appropriate informed consent; 7. Treatments; 8. Medications (including date, type, dosage and quantity prescribed); 9. Instructions and agreements; and 10. Periodic reviews Records shall be current and maintained in an accessible manner, and readily available for review and inspection.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.8 Rule 13.8

| Education All licensees who offer alternative therapies must be able to demonstrate knowledge and understanding of the medical and scientific knowledge connected with any method they are offering or using in their medical practices as a result of related education and training. In order to implement best practices for alternative therapies, licensees must understand the relevant clinical issues and shall obtain sufficient targeted continuing medical education and training.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.9 Rule 13.9

| Advertising As to the advertising of alternative therapies, data purportedly supporting unproven interventions commonly undermines information about risks and overemphasizes information about benefits. Information presented in advertising, including but not limited to clinic websites and social media, shall be represented accurately and come from reputable peer-reviewed publications or respected external organizations. Even where an appropriate informed consent process seems to be in place, deceptive or fraudulent information contained within practice advertising, websites, and other marketing materials could mislead patients into consenting to treatment, thereby invalidating the informed consent process. Treatment options described and accompanied by supporting information in the form of journal articles, patient testimonials, claims of partnerships with academic institutions, mentions of affiliations with professional societies or networks, statements regarding receipt of FDA approval or explicit mention of exemption from FDA oversight, listings of patents granted, statements that clinical trials of investigational interventions are being conducted, and accolades related either to the practice itself or its affiliated physicians and researchers, which serve to exaggerate, inflate, or misrepresent information derived from legitimate or questionable sources, shall be deemed a violation of the Board’s advertising regulations

and unprofessional conduct likely to deceive, defraud, or harm the public.

Although not all-encompassing, the following represents instances of improper or misleading advertising practices which the Board would consider unprofessional and deceptive in nature: 1. Asserting certification of products or practices by international standards organizations or claiming training certification, in order to legitimize alternative therapies; 2. Convening scientific or medical advisory boards featuring prominent business leaders and academic faculty members in order to legitimize alternative therapies; 3. Registering trials whose apparent purpose is solely to attract patients willing to pay to participate in them; 4. Using the statement or impression of “ethics review” to convey a sense of legitimacy to products or procedures;

Title 30, Part 2635 Chapter 12: Physician Advertising

Miss. Code Ann., §73-25-29(8)(d)

5. Renting of laboratory or business space within a legitimate scientific or government institution in order to legitimize alternative therapies; 6. Using membership in established academic or professional societies to suggest legitimacy by association; 7. Publication of open-ended voluntary monitoring data sets rather than undertaking controlled clinical trials; 8. Suggesting that patent applications or grants indicate clinical utility rather than initiation of an application process or recognition of novelty and inventiveness; 9. Publishing research and commentary in journals with limited anonymous peer review; 10. Citing preclinical and other research findings to justify clinical application without sufficient efficacy testing in humans; 11. Forming organizations to self-regulate in ways that support premature commercialization; and 12. Providing expert opinions or celebrity comments on unsupported clinical uses or standing of the provider.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 13.10 Rule 13.10

| Violation of Rules The use of alternative, complementary, and/or regenerative therapies outside the requirements and regulations stated herein constitutes unprofessional conduct, dishonorable or unethical conduct likely to deceive, defraud or harm the public, in violation of Miss. Code Ann., § 73-25-29(8)(d).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 14.1 Rule 14.1

| Scope and Purpose The purpose of this regulation is to set forth certain exemptions and stipulations as to the practice of medicine within Mississippi by physicians travelling from out of state with sports teams for sporting events conducted within the state. Further, it is the intent of this regulation to sort forth the requirements of those physicians to practice medicine in Mississippi, temporarily, without obtaining Mississippi licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 14.2 | Definitions For the purpose of Part 2635, Chapter 14 only, the following terms have the meanings indicated: A

“Athletic Team” or “Team” means a group of people representing a specific organization engaged in sporting activities, such as baseball or football, which require medical personnel to treat or evaluate injuries sustained pursuant to the activity. B. “Staff Members” means those individuals directly affiliated with the sporting program or entity whose purpose is to support the players or members of the team during the event. This includes, but is not necessarily limited to: trainers, coaches, equipment

personnel, communications staff, band members, cheerleaders, and the team mascot. This would not include parents, boosters, or other individuals simply present or attending the activity or sporting event. C. “Team Physician” means those health care professionals, holding an unrestricted medical license in their athletic team’s state of origin, who travel with their team to away games/events for the purposes of providing medical treatment and evaluation for players and staff members of said team.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 14.3 Rule 14.3

| Athletic Team Physicians As part of any sport, teams require the presence of trained medical personnel, to include physicians, in order to treat injuries incurred during the course of the activity. As such, when athletic teams travel to away games or events outside their respective state, said medical personnel routinely travel with the team to provide said care.

Understanding these principles of athletics, a physician licensed in another state, territory or jurisdiction of the United States is exempt from the licensure requirements in Mississippi under the following conditions related to athletic team based practice:

i) The physician is employed or formally designated as the team physician by an athletic team visiting Mississippi for a specific sporting event; ii) The physician limits the practice of medicine in Mississippi to medical treatment of the members, coaches and staff, as defined herein, of the sports entity that employs or has designated the physician and; iii) Said physician is licensed in the state the sports entity or organization is based or housed.

Additionally, physicians authorized to practice under this rule may also treat members from the home team in Mississippi if said physician has specialized training or experience beyond that of the home team physician.

The extent of the medical practice allowed under this rule is limited to the following aspects of the game or event:

a) Pre-game warm-up and any postgame activities; b) During the actual game or event; c) Travel to and from the sporting event within Mississippi; and d) In-state lodging of the team and other covered staff.

Further, it is the responsibility of the team or organization employing the physician to verify said physician is licensed and in good standing in the appropriate jurisdiction as required under this rule.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 14.4 | Violation of Rules

The practice of medicine outside of the requirements and regulations stated herein constitutes the illegal practice of medicine, in violation of Miss. Code Ann., §97-23-43, and violators shall be subject to all fines and penalties described therein.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 16.1 Rule 16.1

| Scope and Purpose The purpose of this regulation is to set forth certain exemptions, stipulations, and expectations as to the practice of medicine within Mississippi by physicians who serve as the State Medical Examiner or a Deputy Medical Examiner. Further, it is the intent of this regulation to set forth the requirements of those physicians to practice medicine in Mississippi, temporarily, without obtaining an unrestricted Mississippi medical license. The Board defers to state statute on any duties or requirements not specifically mentioned within this regulation.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 16.2 | Definitions For the purpose of Part 2635, Chapter 15 only, the following terms have the meanings indicated: A

“Medical Examiner” means the person appointed by the Commissioner of Public Safety pursuant to Miss. Code Ann., §41-61-55 to investigate and certify deaths that affect the public interest. B. “Deputy Medical Examiner” means those professional individuals employed by The Department of Public Safety who serve under the direction of the Medical Examiner, and who perform autopsies and post-mortem examinations to determine cause of death via medical processes, such as pathology, and who may testify as an expert regarding their findings.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 16.3 Rule 16.3

| Temporary Practice Recognizing the unique challenges in hiring and retaining Deputy Medical Examiners, along with the need to expeditiously conduct autopsies in order to avoid evidentiary spoilage, applicants for licensure to serve in the role of Deputy Medical Examiner may practice within Mississippi temporarily, without an unrestricted medical license, while going through the licensure process. Said physicians must first submit their application, thereby starting the licensure process, and must

As defined in The Social Security Act, Title 18, §1861 (dd)(2)(B), as amended.

verify they are licensed in good standing in another state or acceptable jurisdiction. This temporary practice period shall not exceed six (6) months from the date the application is received.

Further, contract physicians who are hired on a temporary basis by The Department of Public Safety may also practice without a license, after verifying their unrestricted licensure as described above, for a period of up to one (1) month. Thereafter, said physicians must apply for a full license in Mississippi.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2635, R. 16.4 Rule 16.4

| Violation of Rules The practice of medicine outside of the requirements and regulations stated herein constitutes the illegal practice of medicine, in violation of Miss. Code Ann., §97-23-43, and violators shall be subject to all fines and penalties described therein.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Part 2640 Prescribing, Administering and Dispensing

Chapter 1 Rules Pertaining to Prescribing, Administering and Dispensing of Medication Rule 1.1 Scope. These rules apply to all individuals who have prescriptive authority and are licensed by the Mississippi State Board of Medical Licensure.

30 Miss. Admin. Code Pt. 2640, R. 1.2 Definitions

For the purpose of Part 2640, Chapter 1 only, the following terms have the meanings indicated: A. Administer, Controlled Substances, and Ultimate User shall have the same meaning as set forth in Mississippi Code, Section 41-29-105, unless the context otherwise requires. B. Board means the Mississippi State Board of Medical Licensure. C. Physician means any person licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi. D. Physician Assistant means any person meeting the requirements of licensure in the state of Mississippi as required by Part 2617, Chapter 1. E. Licensee means any person licensed by this Board who has prescriptive authority. F. Prescriptive Authority means the legal authority of a professional licensed to practice medicine in the state of Mississippi to prescribe, administer, or dispense legend drugs. Licensees holding or possessing certain license types and training, such as Medical Doctors (MD) and Doctors of Osteopathic Medicine (DO) for example, are conferred prescriptive authority by virtue of their training and licensure by the board. G. Prescribe means to designate or order by means of either a written or oral prescription the delivery of a controlled substance or legend drug to an ultimate user. H. Dispense means to deliver a controlled substance or legend drug other than by administering or prescribing to an ultimate user or research subject including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. I. For the purpose of enforcement of the labeling requirements set forth in this chapter, Part 2640, Rule 1.7.B, Dispensing Physician means any physician who dispenses to a patient for the patient's use any controlled substance, legend drug or other medication where such medication is purchased

by the physician for resale to a patient whether or not a separate charge is made. As stated in Part 2615, it is understood that Physician Assistants may not dispense medications. J. Prescription Drug or Legend Drug means a drug required under federal law to be labeled with the following statement prior to being dispensed or delivered; “Caution: Federal law prohibits dispensing without prescription,” or a drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by licensees only. K. Pain Management Practice means a public or privately-owned practice for which 50% or more of the patients are issued, on a regular or recurring basis, a prescription for opioids, barbiturates, benzodiazepines, carisoprodol, butalbital compounds, or tramadol for the treatment of chronic non-cancerous/non-terminal pain. Included in this definition is any practice that advertises and/or holds itself out to provide pain management services. Patients who are treated for pain resulting from a terminal illness do not count against the percentage stated herein. L. Inpatient means a patient in a hospital, nursing home, long term care facility, inpatient (not home-bound) hospice, or any other facility wherein medications are dispensed to a patient by a third party who is duly licensed and/or certified to dispense medications in a healthcare or related facility.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.3 Registration for Controlled Substances Certificate

Every licensee who prescribes, administers or dispenses any controlled substance within Mississippi or who proposes to engage in the prescribing, administering or dispensing of any controlled substance within Mississippi must be registered with the U.S. Drug Enforcement Administration in compliance with Title 21 CFR Part 1301 Food and Drugs. Each individual who is licensed by the Mississippi State Board of Medical Licensure and has prescriptive authority must be registered with the Mississippi Prescription Monitoring Program (MPMP). Every licensee who provides medical care in a pain management practice as defined in Rule 1.2 (K) must review the MPMP at each patient encounter in which a prescription for a controlled substance is issued. Every licensee, regardless of practice specialty, must review the MPMP at each patient encounter in which an opioid is prescribed for acute and/or chronic non- cancerous/non-terminal pain. Those licensees whose practice is not a pain management practice as defined previously must actively utilize the MPMP upon initial contact with new patients and at least every three (3) months thereafter on any and all patients who are prescribed, administered, or dispensed controlled substances other than opioids. Licensees who issue a prescription for Lomotil, Lyrica, Testosterone, Pseudoephedrine, or Amphetamines prescribed to pediatric patients under the age of sixteen (16) for the treatment of ADHD, are not required in that instance to utilize the MPMP as stated herein. Reports generated on such patients should span the length of time from the previous review of the MPMP so that adequate information is obtained to determine patient compliance with treatment. Documentation, such as a copy of the report itself and/or reflection in the chart dictation and/or

notes, must be kept within the patient’s record and made available for inspection upon request. As allowed by the Mississippi Board of Pharmacy and the MPMP, properly registered designees of the licensee may run/obtain the report for the licensee’s review as required herein. Utilization of the MPMP as stated herein is not required when treating inpatient; however, upon discharge from said inpatient setting with a prescription for a controlled substance, the MPMP must be reviewed as required herein. Pursuant to authority granted in Mississippi Code, Section 41-29-125, the Mississippi State Board of Medical Licensure hereby adopts, in lieu of a separate registration with the Board, the registration with the U.S. Drug Enforcement Administration as required in the above paragraph. In the event, however, a licensee has had limitations or other restrictions placed upon his or her license wherein he or she is prohibited from ordering, dispensing, or prescribing controlled substances in any schedule, said licensee shall be prohibited from registering with the U.S. Drug Enforcement Administration for a Uniform Controlled Substances Registration Certificate without first being expressly authorized to do so by order of the Mississippi State Board of Medical Licensure. Persons registered to prescribe, administer, dispense or conduct research with controlled substances may order, possess, prescribe, administer, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of these rules and in conformity with provisions of the Mississippi Uniform Controlled Substances Law, Mississippi Code Section 41-29-101 et seq. The registration requirement set forth in these rules does not apply to the distribution and manufacture of controlled substances. Any licensee who engages in the manufacture or distribution of controlled substances or legend drugs must register with the Mississippi State Board of Pharmacy pursuant to Mississippi Code, Section 73-21-105 and will be subject to all applicable federal statutes and regulations controlling such practices. For the purposes herein, “distribute” means the delivery of a drug other than by administering, prescribing or dispensing. The word “manufacture” has the same meaning as set forth in Mississippi Code, Section 41-29-105(q).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.4 Maintenance of Records and Inventories

Every licensee shall maintain inventories, logs, and records prescribed in this rule. A. Controlled substances inventory record. All controlled substances classified under Schedules II, IIN, III, IIIN, IV and V which are purchased by the licensee must be inventoried at least every two (2) years. All inventory records for controlled substances in Schedules II and IIN must be maintained separately from the inventory records for Schedules III, IIIN, IV and V controlled substances. To insure the reliability of an inventory, the physician must maintain a readily retrievable record of controlled substances purchased, including a copy of all purchase invoices identifying the name, quantity and strength/dose of the controlled substance purchased, the supplier and the date purchased. Controlled substances inventory must also meet all applicable federal statutes and regulations.

B. Controlled substances dispensation/administration record. Every licensee who dispenses or administers, Schedules II, IIN, III, IIIN, IV and V controlled substances must maintain a separate readily retrievable record of all such substances dispensed or administered. This requirement does not apply to Schedules III, IIIN, IV and V prepackaged samples and starter packs. All dispensation/administration records for controlled substances in Schedules II and IIN must be maintained separately from the dispensation/administration records for Schedules III, IIIN, IV and V controlled substances. The record must contain the following information:

1. The date the controlled substance was dispensed or administered. 2. The name, quantity and strength/dose of the controlled substance dispensed or administered. 3. The method of administration of the controlled substance, i.e. oral, IV or subcutaneous. 4. The name and address of the patient to whom the controlled substance was dispensed or administered. 5. For all Schedules II and III amphetamines, amphetamine-like anorectic drugs, or sympathomimetic amine drugs dispensed in the treatment of narcolepsy, hyperkinesis, brain dysfunction, epilepsy, or depression, the dispensing or administration records must include the diagnosis and the reason for use of the Schedules II and III controlled substances. Controlled substances dispensation/administration records must also meet all applicable federal statutes and regulations. Patient Record - A licensee who prescribes, dispenses or administers a legend drug or controlled substance must maintain a complete record of his or her examination, evaluation and treatment of the patient which must include documentation of the diagnosis and reason for prescribing, dispensing or administering any legend drug or controlled substance; the name, dose, strength, quantity of the legend drug or controlled substance and the date that the legend drug or controlled substance was prescribed, dispensed or administered. The record required by this rule must be maintained in the patient's medical records. If medical records are maintained at the office of the licensee, the records must be available for inspection by the representatives of the Mississippi State Board of Medical Licensure. Licensees must not prescribe, administer or dispense any legend drug; any controlled substance; or any drug having addiction-forming or addiction-sustaining liability without a good faith prior examination and medical indication. A determination as to whether a “good faith prior examination and medical indication” exists depends upon the facts and circumstances in each case. One of the primary roles of a physician is to elicit detailed information about the signs and symptoms which a patient presents in order that he or she may recommend a course of treatment to relieve the symptoms and cure the patient of his or her ailment or maintain him or her in an apparent state of good health. In order for a licensee to achieve a reasonable diagnosis and treatment plan, a history and physical examination consistent with the nature of the complaint are necessary. The importance of these aspects of proper medical practice cannot be over emphasized. The paramount importance of a complete medical history in establishing a correct diagnosis is well established. Standards of proper medical practice require that, upon any encounter with a patient, in order to establish proper diagnosis and regimen of treatment, a licensee must take three steps: (a) take and record an appropriate medical history, (b) carry out an appropriate physical examination, and (c)

record the results. The observance of these principles is an integral component of the “course of legitimate professional practice.” Some of the factors used in determining the presence or absence of “good faith” may include, but are not limited to: 1. the quality and extent of the documented history and physical exam, which may also be accomplished through appropriate telemedicine as defined in Part 2635 Rule 5.5; 2. the extent to which the prescribed therapy is supported by documented history and physical exam; 3. the licensee's permitting the patient to name the drug desired; 4. a licensee dispensing or prescribing drugs to patients having no medical need, when the licensee knew or should have known that the patients were addicts or abusing/misusing substances; 5. repeated refills over relatively short periods of time or the issuance of prescriptions at a time when the patient should not have been finished taking the same medication from a prior prescription had the prescription directions been properly followed or the correct dosage taken; 6. general remarks of the licensee indicating his or her experience with non-therapeutic uses of the drug; 7. a licensee prescribing contraindicated medication such as amphetamines and depressants in a manner which results in therapeutic conflicts.

The aforementioned is of particular importance in cases in which controlled substances are to play a part in the course of treatment. It is the responsibility of the licensee to dispense, prescribe or administer all therapies with proper regard for the actual and potential dangers. This fact has been established in a number of closely related administrative and criminal cases, United States v. Bartee, 479 F.2d 484 (10th Cir. 1973) (No physical examination prior to issuance of prescriptions for controlled substances); United States v. Greene, 511 F.2d 1062 (7th Cir. 1975); Arthurs v. Board of Registration of Medicine, 418 N.E. 2d 1236 (MA 1981) (failure to record in patient file prescriptions for controlled substances issued or failure to record patient visit); Brainard v. State Board of Medical Examiners, 157 P2d 7 (Ca. 1945); Dannerberg v. Board of Regents, 430 N.Y.2d 700 (1980) (issuance of three prescriptions for sleeping pills to an undercover agent without a physical examination; Widlitz v. Board of Regents of New York, 429 N.Y. 2d 794 (1980) (issuance of Desoxyn to patients whom physician knew were drug addicts without conducting physical examination); United States v. Rosenberg, 515 F.2d 190 (9th Cir. 1975) (no physical examination, evidences that prescriptions were not in course of professional practice); and United States v. Hooker, 541 F.2d 300 (1st Cir. 1976), (little more than cursory physical examination, frequent neglect to inquire as to past medical history, little or no exploration of the type of problem the patient allegedly had “indicates that the minimal professional procedures followed were designed only to give an appearance of propriety to appellant's unlawful distributions”). A determination of proper “medical indication” requires examination of the nature of the therapy and all circumstances surrounding its implementation. Use of any therapy should be supported by

standards of medical practice, reasonable scientific evidence or consensus and documented in the medical record. Case law developed by the courts in connection with controlled substances criminal violations and administrative decisions further illustrates several indications of lack of good faith. See United States v. Greene, 511 F.2d 1062 (7th Cir. 1975) and United States v. Rosenburg, 515 F.2d 190 (9th Cir. 1975). One of primary importance is the failure to follow at least the minimal professional procedures. Some of the factors used in determining the existence of “good faith” may include, but are not limited to: (a) the physician's permitting the patient to name the drug desired; (b) a physician dispensing drugs to patients having no medical need, when the physician knew or should have known that the patients were addicts; (c) repeated refills over relatively short periods of time or the issuance of prescriptions at a time when the patient should not have been finished taking the same medication from a prior prescription had the prescription directions been properly followed or the correct dosage taken; (d) general remarks of the physician indicating his or her experience with non-therapeutic uses of the drug; (e) a physician prescribing contraindicated medication such as amphetamines and depressants in a manner which results in therapeutic conflicts A licensee must not sell or trade any medication which he or she receives as prepackaged samples or starter packs, whether or not said samples are controlled substances, legend drugs or other medication. The Controlled Substances Inventory, Controlled Substance Dispensation/Administration Record, and Patient Record required by these rules must be maintained in the office of the licensee for a period of seven (7) years from the date that the record is completed or the controlled substances, legend drugs or other medications are prescribed, administered or dispensed and must be made available for inspection by representatives of the Mississippi State Board of Medical Licensure pursuant to authority granted in Mississippi Code, Section 41-29-125. Record retention for Controlled Substances Inventory, Controlled Substance Dispensation/Administration Record, and Patient Record must also meet all applicable federal statutes and regulations. A licensee may use a data processing system or a manual record keeping system for the storage and retrieval of Controlled Substances Dispensation/Administration Records. If a licensee utilizes a data processing system, it must provide immediate retrieval of all dispensation/administration records of controlled substances. Whether maintained manually or in a data processing system, all records of dispensation/administration of controlled substances must be readily retrievable. If a data processing system is utilized, a hard-copy printout of the records of dispensation/administration must be made at regular intervals, not to exceed seven (7) days. Such hard-copy printouts must be maintained for a period of five (5) years and must be made available for inspection and copying by investigators of the Mississippi State Board of Medical Licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.5 Use of Diet Medication

Pursuant to Mississippi Code, Section 41-29-139(e), it is unlawful for any licensee to prescribe, dispense or administer any medication classified as Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control, or weight loss. Prescribing or dispensing a controlled substance for weight reduction or the treatment of obesity should be based on accepted scientific knowledge and sound clinical grounds. All such prescribing and dispensing must be in compliance with applicable state and federal laws. The licensee providing comprehensive treatment of obesity must be present at the facility when he or she prescribes or dispenses11F

controlled substances for the purpose of weight reduction or the treatment of obesity. A licensee may administer, order, dispense or prescribe controlled substances for the purpose of weight loss or the treatment of obesity only as an adjunct to a clearly documented comprehensive program of behavior modification, comprehensive nutritional education, and exercise or physical therapy intervention. The licensee must comply with all of the following conditions: A. An initial comprehensive evaluation is to be conducted by and thoroughly recorded by the prescribing licensee prior to the prescribing, ordering, dispensing or administering of any drug. Such evaluation should include a thorough history and thorough physical exam of the patient to include at a minimum: 1. Past medical history, past surgical history, social history, family history, weight history, dietary history, gynecological history, review of systems, allergies and medications. 2. A physical exam to include height; weight; blood pressure; pulse; % body fat or waist circumference/weight hip ratio; lungs; heart; abdomen; and extremities. 3. Appropriate testing related to medical weight loss (CBC, comprehensive metabolic profile, lipid panel, thyroid panel, EKG, if prior or present history of cardiac disease, hypertension, diabetes, dyslipidemia, or strong family history of cardiac disease age >60 4. The licensee must determine and record the patient’s Body Mass Index (“BMI”). No patient should receive anorexic medications unless the patient has (i) a BMI of ≥ 30.0 in a normal otherwise healthy patient, or (ii) a BMI ≥ 27.0 in an individual with at least one associated co-morbidity, or (iii) current body weight ≥ 120 percent of a well-documented, long standing healthy weight that the patient maintained after the age of 18, or (iv) body fat ≥ 30% in females, or body fat ≥ 25% in males, or (v) waist-hip circumference such that the individual is known to be at increased cardiovascular and/or co-morbidity risk because of abdominal visceral fat, or presence of a co-morbidity condition or conditions aggravated by the patients excessive adiposity. The indication for anorexic therapy must be documented in the record and re-evaluated at each visit or with each prescription refill.

Part 2640, Rule 1.9, controls in all cases. Physician assistants are not permitted to dispense medication.

5. Absolute contraindications of Schedule III or IV anorectic drugs for purposes of weight loss management are pregnancy, breast feeding, or severe allergic reactions to these medications. Relative contraindications of Schedule III and IV anorectics for the purpose of weight loss management are uncontrolled bipolar, uncontrolled epilepsy, uncontrolled hypertension, episodic tachyarrhythmia, excessive stimulation, history of substance abuse, severe anticholinergic effects, such as, extreme dryness of mouth or unmanageable constipation should be addressed with licensee prior to starting weight loss medications. Schedule III and IV anorectics can be used in conjunction with any other medications deemed safe by the licensee. B. The licensee must not utilize any Schedules III, IV or V controlled substance when he or she knows or has reason to believe an absolute contraindication exists or relative contraindication exists that would be harmful to the patient. C. A licensee is not permitted to prescribe, order, or dispense controlled substances for the purpose of weight reduction or treatment of obesity greater than a 30-day supply. Exempted from this requirement are those licensees defined in Rule 1.2(M) and those licensees treating patients resulting from a referral to those licensees defined in Rule 1.2(M). D. A patient continued on a controlled substance for the purpose of weight reduction or the treatment of obesity must undergo an in-person re-evaluation once every 30 days; however, those licensees defined in Rule 1.2(M) may re-evaluate patients once every 90 days. A recording of weight, BMI, blood pressure, pulse, and/or any other test which may be necessary for monitoring potential adverse effects of drug therapy should be completed at each visit. Once medically established goals have been met for an individual patient, the need for ongoing medication should be re-evaluated and documented in the record. E. Continuation of the prescribing, ordering, dispensing, or administering of controlled substances should occur only if the patient has continued progress toward achieving or maintaining medically established goals and has no significant adverse effects from the medication. F. A licensee must not utilize a schedule III, IV or V controlled substance or legend drug for purposes of weight loss unless it has an FDA approved indication for this purpose and then only in accordance with all of the above enumerated conditions. The purpose of this rule is to prohibit the use of such drugs as diuretics and thyroid medications for the sole purpose of weight loss.

Off-label use of any medication that does not have Food and Drug Administration approval for use in the treatment of weight loss is prohibited if administered solely for the purpose of weight loss. Thyroid hormone, diuretics, vitamin B12, B1, B2, B6, methionine, choline, inositol, chromium picolate, and human chorionic gonadotropin are examples of medications that may not be used in this manner. This prohibition does not apply to FDA categories of nutritional supplements sold without prescription. Licensees may request the Board waive the FDA requirements set forth in Rule 1.5(F) on a per-medication or class of medications basis, for good cause. Temporary waiver may be approved by the Executive Director until the request can be heard before the Board.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.6 | Bariatric Medicine, Medical Weight Loss, or Weight Management Practice REPEALED

Effective 4/16/24. Rule 1.7 Use of Controlled Substances for Chronic (Non-Cancer/Non-Terminal) Pain. The following rules are not intended to supersede or exempt licensees from the requirements heretofore stated in Rule 1.4 Maintenance of Records and Inventories. A. Definitions For the purpose of Part 2640, Rule 1.7 only, the following terms have the meanings indicated: 1. “Chronic Pain” is a pain state in which the cause of the pain cannot be removed or otherwise treated and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible or none has been found after reasonable efforts including, but not limited to, evaluation by the attending licensee and one or more licensee specializing in the treatment of the area, system, or organ of the body perceived as the source of the pain. Further, if a patient is receiving controlled substances for the treatment of pain for a prolonged period of time (more than three months), then they will be considered for the purposes of this regulation to have “de facto” chronic pain and subject to the same requirements of this regulation. “Terminal Disease Pain” should not be confused with “Chronic Pain.” 2. “Terminal Disease Pain” is pain arising from a medical condition for which there is no possible cure and the patient is expected to live no more than six (6) months. 3. “Acute Pain” is the normal, predicted physiological response to an adverse chemical, thermal, or mechanical stimulus and is associated with surgery, trauma and acute illness. Acute pain is generally self-limited and is responsive to therapies, including controlled substances. 4. “Addiction” is a neurobehavioral syndrome with genetic and environmental influences that results in psychological dependence on the use of substances for their psychic effects and is characterized by compulsive use despite harm. 5. “Physical Dependence” is a physiological state of neuroadaptation to substance which is characterized by the emergence of a withdrawal syndrome if the use of the substance is stopped or decreased abruptly, or if an antagonist is administered. Withdrawal may be relieved by re-administration of the substance. 6. “Substance Abuse” is the use of any substance for non-therapeutic purposes; or use of medication for purposes other than those for which it is prescribed.

7. “Tolerance” is a physiological state resulting from regular use of a drug in which an increased dosage is needed to produce the same effect or a reduced effect is observed with a constant dose. Tolerance occurs to different degrees for various drug effects, including sedation, analgesia and constipation. Analgesic tolerance is the need to increase the dose of opioid to achieve the same level of analgesia. B. A licensee may order, prescribe, administer, or dispense controlled substances, or other drugs having addiction-forming and addiction-sustaining liability to a person for the treatment of chronic pain. C. The ordering, prescribing, administration, or dispensation of controlled substances, or other drugs having addiction-forming or addiction-sustaining liability for the treatment of chronic pain should be done with caution. A licensee may order, administer, dispense or prescribe said medications for the purpose of relieving chronic pain, provided that the following conditions are met: 1. Before initiating treatment with a controlled substance, or any other drug having addiction- forming or addiction-sustaining liability, the licensee must conduct a risk/benefit analysis by reviewing records of prior treatment. The risk/benefit analysis should weigh in favor of treatment and indicate the need for controlled substance therapy. Such a determination must take into account the specifics of each patient’s diagnosis, past treatments, suitability for long-term controlled substance, with the need for other treatment modalities. The results of this analysis must be clearly entered into the patient medical record and must include supporting documentation such as consultation or referral reports and efforts to determine the underlying etiology of the chronic pain. 2. Documentation in the patient record must include a complete medical history and physical examination and supporting studies and reports of consultation. 3. The diagnosis must demonstrate the presence of one or more recognized medical indications for the use of controlled substances. 4. Documentation of a written treatment plan which must contain stated objectives as a measure of successful treatment and planned diagnostic evaluations, e.g., psychiatric evaluation or other treatments. The plan must contain an informed consent agreement for treatment that details relative risks and benefits of the treatment course. The consent must also include specific requirements of the patient, such as using one licensee and pharmacy, urine/serum medication level monitoring when requested, pill counts, and the grounds for which the treatment may be terminated (e.g., ‘doctor shopping’ behavior, adverse urine/serum screens, etc.). 5. Periodic review and documentation of the treatment course is conducted no less frequently than every 3 months. The licensee’s evaluation of progress toward the stated treatment objectives

must support all changes in therapy. This should include referrals and consultations as necessary to achieve those objectives. D. No licensee shall order, administer, dispense or prescribe a controlled substance or other drug having addiction-forming and addiction-sustaining liability that is non-therapeutic in nature or non-therapeutic in the manner the controlled substance or other drug is administered, dispensed or prescribed. E. No licensee shall order, administer, dispense or prescribe a controlled substance for treatment of chronic pain to any patient who has consumed or disposed of any controlled substance or other drug having addiction-forming and addiction-sustaining liability other than in strict compliance with the treating licensee’s directions. These circumstances include those patients obtaining controlled substances or other drugs having addiction- forming and addiction-sustaining liability from more than one licensee or healthcare provider and those patients who have obtained or attempted to obtain new prescriptions for controlled substances or other drug having addiction-forming and addiction-sustaining liability before a prior prescription should have been consumed according to the treating licensee’s directions. This requirement will not be enforced in cases where a patient has legitimately temporarily escalated a dose due to an acute exacerbation if the treating licensee documents that the escalation was due to a recognized indication and was within appropriate therapeutic dose ranges. Repetitive or continuing escalations should be a reason for concern and a re-evaluation of the present treatment plan must be undertaken by the licensee. F. No licensee shall order, prescribe, administer, or dispense any controlled substance or other drug having addiction-forming or addiction-sustaining liability for the purpose of “detoxification treatment” or “maintenance treatment” and no licensee shall order, prescribe, administer, or dispense any narcotic controlled substance for the purpose of “detoxification treatment” or “maintenance treatment” unless the licensee is registered in accordance with Section 21 U.S.C. 823(g). Nothing in this paragraph shall prohibit a licensee from administering narcotic drugs to a person for the purpose of relieving acute withdrawal symptoms when necessary while arrangements are being made for referral for treatment. Nothing in this paragraph shall prohibit a licensee from ordering, prescribing, administering, or dispensing controlled substances in a hospital to maintain or detoxify a person as an incidental adjunct to medical or surgical treatment of conditions other than addiction. G. When initiating opioid therapy for chronic pain, the licensee must first run a MPMP on the patient. The licensee must prescribe the lowest effective dosage. While there is no single dosage threshold identified below which the risk of overdose is eliminated, licensees must strive to keep daily opioid doses less than or equal to 50 mg of morphine equivalence (mEq), as dosages larger than 50 mEq per day increases risk without adding benefits for pain control or function. Licensees must avoid dosages greater than or equal to 90 mg of

morphine equivalence per day and must provide significant justification for exceeding the 90 mg ceiling stated herein. If the licensee determines that a patient requires greater than 100 mg of morphine equivalence per day, the licensee must refer the patient to a pain specialist for further treatment. H. When opioids are prescribed for acute pain, the licensee must prescribe the lowest effective dose of immediate release opioids, as the use of long acting opioids for acute non- cancer/non-terminal pain is prohibited. Licensees must prescribe no greater quantity than needed for the expected duration of pain severe enough to require opioids. Licensees are discouraged from prescribing or dispensing more than a three (3) day supply of opioids for acute non-cancer/non-terminal pain, and must not provide greater than a ten (10) day supply for acute non-cancer/non-terminal pain. Licensees may issue an additional ten (10) day supply if clinically necessary, but said supply must be issued in accordance with Title 21 CFR § 1306.12 Refilling prescriptions; issuance of multiple prescriptions (i.e., the prescription must be dated on the date of issuance with ‘do not fill until’ noting the date the prescription may be filled), and such need for an additional ten (10) day supply must be documented in the chart to evidence that no other alternative was appropriate or sufficient to abate the acute pain associated with that medical condition. Additional ten (10) day supplies, with one (1) refill, may be issued if deemed medically necessary and only if supported by additional clinical evaluation. I. As stated in Rule 1.3, every licensee must review an MPMP report at each patient encounter in which a Schedule II medication is prescribed for acute pain or chronic non-cancer/non- terminal pain. MPMP reports may be obtained by designees of the licensee as allowed by the MPMP program. J. When prescribing opioids for either chronic or acute pain, it is a relative contraindication (black box warning) to prescribe opioids concurrently with Benzodiazepines and/or Soma. However, opioids and benzodiazepines may be prescribed concurrently on a very short term basis, and in accordance with section H of this rule, when an acute injury requiring opioids occurs. The need for such concurrent prescribing must be documented appropriately in the chart. Patients who are currently on an established regimen of concomitant opioids and benzodiazepines may be allotted a reasonable period of time to withdraw from one or both substances. Caution and care should be taken to prescribe the lowest effective dose of each medication if unable to discontinue one or the other completely. Clinicians involved in managing a patient’s care should document communication regarding the patient’s needs, goals, risks and coordination of care. Prescribing of opioids concurrently with benzodiazepines and/or Soma may be allowed only under very limited circumstances in which the combination is used to treat very specific chronic medical conditions for which there is no other treatment modality available. K. When a licensee treats chronic non-cancerous/non-terminal pain and/or psychiatric conditions outside the definition of a pain management practice (Rule 1.2) (K) the licensee

must actively utilize the MPMP upon initial contact with a new patient and every 3 months thereafter on any and all patients who are prescribed, administered, or dispensed controlled substances. Reports generated on patients must span the length of time from the previous review of the MPMP so that adequate information is obtained to determine the patient’s compliance for and with treatment. Documentation, such as a copy of the report itself and/or reflections in the charts dictation and/or notes must be kept within the patient’s record and made available for inspection upon request. L. In-office drug testing must be done at least three (3) times per calendar year when Schedule II medication is written for the treatment of chronic non-cancer/non-terminal pain. In- office drug testing and MPMP review, as described in Rule 1.7 (K), must be done at least three (3) times per calendar year for patients prescribed benzodiazepines for chronic medical and/or psychiatric conditions which are non-cancer/non-terminal. In-office drug testing must test, at a minimum, for opioids, benzodiazepines, amphetamines, cocaine, and cannabis. Inpatient treatment, as defined in Rule 1.2(L), is exempt from this requirement. Further, all hospice treatment is exempt from in-office drug testing requirements stated herein. M. The use of Methadone to treat acute non-cancer/non-terminal pain is prohibited. The use of Methadone for the treatment of chronic non-cancer/non-terminal pain is permissible within a registered Pain Management Practice, as defined in Rule 1.2(K), or when resulting from a referral to a certified pain specialist. If Methadone is prescribed to treat chronic non- cancer/non-terminal pain, the initial prescription must be written by a physician.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.8 Drug Maintenance Requirements

All medications maintained or stored in licensee’s office must be maintained or stored in the manufacturer's or re-packager's original container. The label of any container in which drugs are maintained must bear the drug name, strength, the manufacturer's control lot number and the expiration date. Drugs that are pre-counted and prepackaged for purposes of dispensing must be identifiable as to expiration date and manufacturer's control lot number. The containers in which drug products are maintained must not be labeled in any false or misleading manner. The labeling requirements of this rule are in addition to all other applicable state and federal statutes and regulations. A physician must not dispense out-of-date medications. Out-of-date medications must be promptly removed from current stock and stored separately until proper disposal. A physician, when dispensing a product in a manufacturer's original package or container must dispense the product with this information intact. The medication storage and dispensing areas must be maintained in a sanitary fashion. All medications must be maintained, stored and dispensed in such a manner as to maintain the integrity of the product.

A licensee must not accept the return for subsequent resale or exchange any drugs after such items have been taken from the premises where sold, distributed or dispensed and from the control of the licensee.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.9 Requirements for Dispensing Physicians

For the purposes of this rule, a “dispensing physician” means any physician who dispenses to a patient for the patient's use any controlled substance, legend drug or other medication where such medication is purchased by the physician for resale to a patient whether or not a separate charge is made.

Prepackaged samples or starter packs in their original packages or containers need only have the patient name, date distributed, and physician’s name if the manufacturer’s packaging meets other requirements.

Physicians who wish to dispense must register with the Board. To obtain a certificate to dispense medications, a physician must first obtain ten (10) hours of Category 1 AMA or AOA approved CME in the area of Pharmacology and/or Dispensing of Medication.

After obtaining a certificate from the Board, the physician is then required to register with the Mississippi Board of Pharmacy and obtain the requisite permit(s) to dispense medications. The physician shall be subject to routine inspections by agents and representatives of the Board of Pharmacy, and they shall be subject to all regulations set forth by the Board of Pharmacy regarding the proper handling, labeling, and dispensing of medications.

No physician may delegate dispensing authority to another person. A physician must personally dispense the medication. For the purpose of this regulation, “personally dispense” means the physician must actually obtain the medication, prepare, count, place the same into the appropriate container and affix the appropriate label to the container.

A single physician dispenser may not share or otherwise allow other practitioners to utilize medications or inventory ordered under his or her authority. Proper transference of medications may take place pursuant to regulations set forth by the Pharmacy Board. Refills of medications may not be issued without a follow-up visit with the physician.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.10 Prescription Guidelines–Controlled Substances

It is the responsibility of the licensee to determine the type, dosage, form, frequency of application and number of refills of any controlled substances prescribed to a patient. The following requirements apply to all prescriptions for controlled substances written by a licensee with controlled substance prescriptive authority:

A. All prescriptions for controlled substances must be written in strict compliance with Mississippi Code, Sections 41-29-101 through 41-29-311 and Title 21 of U.S. Code of Federal Regulations, Part 1306. B. On all prescriptions of controlled substances wherein refills are permitted, licensees must indicate the appropriate refills, not to exceed five (5), or mark “none.” C. Each licensee must insure that the complete name and address of the patient to whom the licensee is prescribing the controlled substance appears on the prescription. D. A licensee must not permit any prescription for controlled substances to be signed by anyone in the place of or on behalf of the licensee. E. A licensee must not pre-sign prescription pads or order forms. F. A licensee must not utilize prescription pads or order forms upon which the signature of the licensee has been affixed by any means other than manual signature. This prohibition includes the e-mailing of any controlled substance prescription. A hard copy prescription generated from an electronic prescription system must contain a manual signature unless: (i) the prescription is printed on security paper that ensures it is not subject to copying or alteration, and (ii) an electronic or digital signature is affixed. Electronic transmission of Schedule III-V controlled substance prescription information is limited to computer to facsimile (fax) transmissions or traditional fax to fax transmissions. Electronic transmission of Schedule II controlled substance prescription information is permitted under limited circumstances. Requirements for fax prescription orders and systems utilized for faxing prescriptions are as follows: 1. . The prescription order must contain the date, time, telephone number and location of the transmitting device. Prescription blanks utilized in this manner must bear a pre-printed heading that indicates the blank is a “Fax Prescription Form.” Fax prescription orders must contain a manual or authenticated electronic/digital signature of the prescriber. Only Schedule II narcotic substances that are to be prepared or compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intra spinal infusion may be transmitted by the licensee or the licensee’s agent to a pharmacy of the patient’s choice by facsimile. All original hardcopy faxed prescriptions must immediately be voided after successfully completing the fax transmission by writing across the face of the prescription from corner to corner the notation “faxed.” The original prescription (or copy) must be retained in the licensee’s patient file with additional information included on the back of the prescription as to the date it was faxed, the name or initials of the person faxing the prescription and the name/location of the pharmacy receiving the fax transmission. In addition to filing the original prescription (or copy) in the patient file, a perpetual, chronological logbook of fax transactions must be established and maintained. Such a logbook would serve to protect the prescribing licensee in the event the original prescription is somehow lost or misfiled. The information contained in such a logbook must include the patient’s name and address, date of issuance, name, strength and quantity of the drug prescribed and the name and fax number of the receiving pharmacy and a personal identifier of the person faxing the prescription. Such logs must be maintained in the licensee’s clinic in a readily retrievable manner, and kept for at least seven (7) years after the original record is established. The requirements set forth in this rule are in addition to documentation required in Part 2640, Rule 1.4.

2. . When prescribing any controlled substance for a resident of a Long-term Care Facility (LTCF)(as defined in Section 1301.01(25), Code of Federal Regulations), such prescription may be transmitted by the licensee or the licensee’s agent to the dispensing pharmacy by facsimile. The licensee or the licensee’s agent must note on the prescription that the patient is a resident of a LTCF. The original prescription (or copy) and fax transaction log will be prepared and maintained in the same manner as described in Part 2640, Rule 1.10.F.1. 3. . When prescribing any controlled substance for a patient residing in a hospice certified by Medicare under Title XVIII or licensed by the state, such prescription may be transmitted by the licensee or the licensee’s agent to the dispensing pharmacy by facsimile. The licensee or the licensee’s agent must note on the prescription that the patient is a hospice patient. The original prescription (or copy) and fax transmission log will be maintained in the same manner as described in Part 2640, Rule 1.10.F.1. G. No more than one (1) controlled substance shall be issued on a single prescription blank. H. Prescriptions for Benzodiazepines must be limited to a one (1) month supply, with no more than two (2) refills, or a ninety (90) day supply with no refills. The MPMP must be checked each time a prescription for benzodiazepines is authorized and evidence of such check must be noted within the patient file.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.11 Prescription Guidelines - All Medications

In addition to any other requirements set forth in these rules pertaining to the issuance of prescriptions of controlled substances, the following additional requirements apply to all prescriptions, whether or not said prescriptions are for controlled substances, legend drugs or any other medication: A. Prescriptions may not be written outside of a valid licensee-patient relationship. While not all of the elements in subsection A are necessary each time a prescription is authorized (e.g., via appropriate telemedicine as defined in Rule 5.5 of Part 2635, calling in refills, taking call for a practice partner for short term care, etc.), all initial encounters, and at reasonable intervals thereafter, should conform to this rule and be done pursuant to a valid licensee-patient relationship. The elements of this valid relationship are: 1. . verify that the person requesting the medical treatment is in fact who they claim to be; 2. . conducting an appropriate history and physical examination of the patient that meets the applicable standard of care, which as previously stated may also be accomplished through appropriate telemedicine as defined in Part 2635 Rule 5.5; 3. . establishing a diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing; 4. . discussing with the patient the diagnosis, risks and benefits of various treatment options to obtain informed consent; 5. . insuring the availability of appropriate follow-up care; and 6. . maintaining a complete medical record available to patient and other treating health care providers. B. Electronic prescription transmission is permitted provided the transmission meets applicable state and federal standards for transmission. E-prescribing is the electronic entry of a prescription by a licensee, the secure electronic transmission of the prescription to a pharmacy, the receipt of

an electronic message by the pharmacy and E-prescription renewal requests sent electronically by the pharmacy to the practitioner. C. Every written prescription delivered to a patient, or delivered to any other person on behalf of a patient, must be manually signed on the date of issuance by the licensee. This does not prohibit the transmission of electronic prescriptions and telefaxed prescriptions (but not e-mail) for non- controlled drugs to the pharmacy of the patient’s choice. Such telefaxed or electronic prescriptions must be authorized by a written or electronic signature and must be issued in accordance with all other provisions of this rule. No prescriptions for any form or compound containing nalbuphine HCl, carisoprodol, butalbital compounds, or tramadol HCl shall be telefaxed. D. Electronic prescriptions for controlled substances are permitted if a practitioner has complied with the DEA requirements and is using a certified electronic prescribing system for the transmission of control substances prescriptions. E. All written prescriptions must be on forms containing two lines for the licensee's signature. There must be a signature line in the lower right-hand corner of the prescription form beneath which must be clearly imprinted the words “substitution permissible.” There must be a signature line in the lower left corner of the prescription form beneath which must be clearly imprinted with the words “dispense as written.” The licensee's signature on either signature line must validate the prescription and designate approval or disapproval of product selection. Each prescription form must bear the pre-printed name of the licensee or the licensee must clearly print his or her name on the prescription form, in addition to the licensee’s original signature. In the event that the prescription form bears the pre-printed name of more than one licensee, the licensee must clearly indicate the name of the licensee writing the prescription. In the case of a prescription that is electronically generated and transmitted, the licensee must make an overt act when transmitting the prescription to indicate either “dispense as written” or “substitution permissible”. When done in conjunction with the electronic transmission of the prescription, the prescriber’s overt act indicates to the pharmacist that the brand name drug prescribed is medically necessary. F. If a prescription form which does not contain two signature lines required in Part 2640, Chapter 1, Rule 1.11.D is utilized by the licensee, he or she must write in his or her own handwriting the words “dispense as written” thereupon to prevent product selection. Every written prescription issued by a licensee for a legend drug should clearly state whether or not the prescription should be refilled, and if so, the number of authorized refills and/or the duration of therapy. Licensee s should avoid issuing prescriptions refillable on “prn” basis. If a licensee chooses to issue a prescription refillable “prn”, the life of the prescription or time limitation must clearly be set forth on the prescription. In no case shall a prescription which is refillable on a “prn” basis be refilled after the expiration of one (1) year. Regardless of whether a prescription is refillable on a “prn” basis or the prescription expressly states the number of authorized refills, the use of said medication should be re-evaluated on at least an annual basis. Upon the expiration of one (1) year, a prescription becomes invalid, regardless of the number of refills indicated or “prn” designation. G. Every written prescription issued by a licensee, bearing more than one non-controlled medication, must clearly indicate the intended refill instructions for each medication. Lack of clearly indicated refill instructions prohibit the refilling of the medications. All unused lines on a multi-line prescription blank must be clearly voided by the issuing licensee. H. A prescription will no longer be valid after the occurrence of any one of the following events:

1. Thirty (30) days after the death of the issuing licensee. 2. Thirty (30) days after the issuing licensee has moved or otherwise changed practice location resulting in termination of the licensee patient relationship. Termination of the licensee patient relationship results when a patient is no longer able to seek personal consultation or treatment from the issuing licensee. 3. Immediately after loss of DEA Controlled Substances Privilege by the issuing licensee if the prescription is for controlled substances. 4. Immediately upon revocation, suspension or surrender of the licensee's license.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.12 Freedom of Choice

A licensee must not be influenced in the prescribing of drugs, devices or appliances by a direct or indirect financial interest in a pharmaceutical firm, pharmacy or other supplier. A licensee may own or operate a pharmacy if there is no resulting exploitation of patients. A licensee must not give patients prescriptions in code or enter into agreements with pharmacies or other suppliers regarding the filling of prescriptions by code. Patients are entitled to the same freedom of choice in selecting who will fill their prescription needs as they are in the choice of a provider. The prescription is a written direction for a therapeutic or corrective agent. A patient is entitled to a copy of the licensee's prescription for drugs or other devices as required by the principles of medical ethics. The patient has a right to have the prescription filled by any legal means. Where medication is to be dispensed or a prescription, excluding refills, called in to a pharmacist for medication, a licensee must inform each patient of that patient's right to a written prescription and the right to have the prescription filled wherever the patient wishes. Patients have an ethically and legally recognized right to prompt access to the information contained in their individual medical records. The prescription is an essential part of the patient's medical record. If a patient requests a written prescription in lieu of an oral prescription, this request must be honored. Licensees must not discourage patients from requesting a written prescription or urge, suggest or direct in any manner that a patient fill a prescription at an establishment which has a direct telephone line or which has entered into a business or other preferential arrangement with the licensee with respect to the filling of the licensee's prescriptions.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.13 Security of Controlled Substances

In all clinics or offices within the control of a licensee, all controlled substances and other drugs having addiction-forming or addiction- sustaining liability must be maintained in such a manner as to deter loss by theft or burglary. All controlled substances must be stored in a securely locked, substantially constructed container or area. Only the physician or persons authorized by the physician shall have access to this storage area. When a licensee detects a loss of controlled substances, the Board may issue an order requiring that person to appear before the Board and present a plan designed to prevent further loss of controlled substances. The Board has the authority to order implementation measures to improve security over controlled substances.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.14 Pain Management Medical Practice

A. A pain management medical practice must have, at all times, a majority ownership (more than 50%) by a physician or group of physicians licensed by the Board, and/or a hospital or health care entity registered with the Secretary of State to do business in the state of Mississippi. The physician or physician owners must practice an annual average of at least 20 hours per week within the state of Mississippi. B. Any physician who is practicing, or intends to practice, in a pain management medical practice must register with the Board. C. Each physician owner of a pain management medical practice must meet the requirements set forth below. D. Each licensee who serves as medical director, manager, or employee or who provides care in a pain management medical practice must meet the requirements set forth below.

A physician owner of a pain management medical practice, as defined in R.1.2, must: 1. maintain documents demonstrating proof of ownership or alternative documents with a written request for special consideration; 2. maintain ownership or investment interest information in any other pain management facility operating within the state of Mississippi that includes the name and address of the other pain management facility(ies) in which the physician has ownership or vested interest; 3. maintain documentation which identifies all individuals with prescriptive authority who are employed or contracted in any capacity at each facility; and 4. in addition to requirements set forth in section N of this rule, provide any documentation requested by the Board or its agents related to these requirements. E. All physician owners and operators are required to register with the Board. Each practice shall be entered into the physician’s online licensure gateway. F. Physician owners or operators may not operate a pain management practice in Mississippi unless the practice is owned or operated by a hospital or healthcare entity registered with the Secretary of State to do business in the state of Mississippi, or by a physician who: 1. practices at least 20 hours per week providing direct patient care; and 2. holds an active unrestricted medical license G. No physician owners or operators of a pain management practice, nor any physician, nor any physician assistant, nor any medical director, manager, or employee or any physician or physician assistant who provides care may: 1. have been denied, by any jurisdiction, a certificate permitting the licensee to order, prescribe, dispense, administer, supply or sell a controlled substance or the other listed medications under definitions;

2. have been issued, by any jurisdiction, a limited certificate to order, prescribe, dispense, administer, supply or sell a controlled substance or the other listed medications under definitions; 3. have been denied a certificate issued by the Drug Enforcement Administration (DEA) permitting the licensee to order, prescribe, dispense, administer, supply or sell a controlled substance or the other listed medications under definitions; 4. have been issued a limited certificate by the Drug Enforcement Administration (DEA) permitting the licensee to order, prescribe, dispense, administer, supply or sell a controlled substance or the other listed medications under definitions; 5. be currently subject to an order by any licensing entity prohibiting the practice of pain management; or 6. have been terminated from Mississippi’s Medicaid Program, the Medicaid program of any other state, or the federal Medicare program, unless eligibility has been restored. H. No physician or physician assistant may own, operate, or practice in a pain management medical practice who has been convicted of, pled nolo contendere to or received deferred adjudication for: 1. an offense that constitutes a felony; or 2. an offense that constitutes a misdemeanor, the facts of which relates to the illegal distribution or sale of drugs or controlled substances. I. All physician owners or operators or any physician who serves as medical director, manager, or employee or who provides care in pain management medical practice must meet the qualifications set forth in subsections (1) through (5) below. All physicians prescribing or dispensing controlled substance medications in pain management practices registered by the Board must meet one (1) of the following qualifications: 1. successful completion of a residency program in physical medicine and rehabilitation, anesthesiology, neurology, or neurosurgery and approved by the ACGME or the AOA; 2. board certification by a specialty board recognized by the American Board of Medical Specialties (ABMS) or the American Board of Addiction Medicine (ABAM) and hold a subspecialty certification in pain medicine; 3. board certification by a specialty board recognized by the American Osteopathic Association Bureau of Osteopathic Specialists (BOS) in pain management; 4. board certification in pain medicine by the American Board of Pain Medicine (ABPM); or 5. successful completion of 100 hours of inter-active live participatory, either in person or via video conferencing, AMA or AOA Category 1 CME courses in pain management.

Upon qualifying under any of the 5 subsections above, physicians must also complete thirty (30) hours of Category 1 CME each year for continued registration with the board. CME must have emphasis in the specific areas of pain management, addiction, or prescribing of opiates, and CME may be included with the forty (40) hour requirement for licensure renewal. Excess hours may not be carried over to another two-year cycle. For the purpose of this regulation, the two-year period begins with the fiscal year July 1, 2014, and every two years thereafter to be concurrent with the licensure requirements. J. Physicians and physician assistants practicing in a registered pain management medical practice must be registered with the Mississippi Prescription Monitoring Program (MPMP). A report from the MPMP must be obtained on the initial visit for each patient. Subsequent reports must be obtained for each patient at every visit. K. Physician assistants must meet the following qualifications prior to practicing in a registered pain management practice: 1. A Board approved protocol in the practice of pain management as required by Part 2615, Chapter 1, Rules 5 and 6, with a physician who holds a license that is not designated as limited, restricted, retired, temporary, or in-training; 2. Physician assistants with approved prescriptive authority must obtain the normal hours required in Pt. 2615, R.1.10 Continuing Education plus an additional 5 hours of Category 1 CME related to prescribing and pain management for every two year CME cycle the physician assistant is practicing in a pain management medical practice; 3. Physician assistants with prescriptive authority must be familiar with and adhere to the Administrative Rule Pertaining to Prescribing, Administering and Dispensing of Medication, Part 2640, Chapter 1; and 4. Physician assistants with prescriptive authority must be registered with the Mississippi Prescription Monitoring Program (MPMP). L. A physician who is a current participant in the Mississippi Professionals Health Program (MPHP) may not be the primary physician owner of a pain practice. This does not prohibit a MPHP participant from working in a pain practice. M. Prior to the initial prescription for the treatment of chronic non-cancer/non-terminal pain, each patient in a pain management practice must have an in-person evaluation by a licensed provider in a registered pain management practice medically directed by a physician having the necessary credentials as set forth by the Board. Thereafter, the patient must be seen and evaluated by a pain management physician within the next ninety (90) days. N. The Board has the authority to inspect a pain management medical practice. During such inspections, authorized representatives of the Board, who may be accompanied by investigators from state or federal law enforcement agencies, may inspect documents and medical records to ensure compliance with any applicable laws and rules.

O. If the Board finds that a licensee registered to practice in a pain management practice no longer meets any of the requirements to operate within a pain practice, the Board may immediately revoke or suspend the licensee’s ability to practice in a pain management medical practice. The licensee shall have the right to an administrative hearing before the Board at the next available and scheduled meeting of the Board. Further, the Board has the discretion to lift the suspension when the licensee demonstrates compliance with applicable rules and regulations.

The prescribing, administering or dispensing of any controlled substance in violation of the above rules shall constitute the administering, dispensing or prescribing of any narcotic drug or other drug having addiction-forming or addiction-sustaining liability otherwise than in the course of legitimate professional practice, in violation of Mississippi Code, Section 73-25-29(3). The prescribing, administering or dispensing of any legend drug or other medication in violation of the above rules constitutes unprofessional conduct, dishonorable or unethical conduct likely to deceive, defraud or harm the public, in violation of Miss. Code Ann., § 73-25-29(8)(d).

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).Rule 1.15 Violation of Rules.
• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.16 Effective Date of Rules

The above rules pertaining to prescribing, administering and dispensing of medication shall become effective October 31, 1987; as amended November 1, 1990; as amended January 3, 1994; as amended September 10, 1995; as amended June 30, 1996; as amended March 18, 1999; as amended May 20, 1999; as amended February 17, 2001; as amended March 22, 2001; as amended July 15, 2004; as amended October 14, 2004; as amended November 8, 2007; as amended May 15, 2008; as amended March 13, 2009; as amended March 24, 2011; as amended September 17, 2012; as amended September 19, 2013; as amended May 22, 2014; as amended November 13, 2015; and as amended September 20, 2018, and effective October 29, 2018.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.1 Rule 1.1

| Scope The rules contained in this Part 2640, Chapter 2, are promulgated by the Mississippi Board of Medical Licensure (the “Board”) to implement the Mississippi Medical Cannabis Act, Miss. Code Ann., §§ 41-137-1, et seq., (the “Act”). These rules shall apply to all licensees who are registered as certifying practitioners with the Mississippi State Department of Health (MDOH); or who are applying, or re-applying, to register as certifying practitioners with the MDOH. Nothing in these rules shall be construed to require any licensee to issue any written certification pursuant to the

Act. No licensee is required to register with the Board in order to certify patients. However, all advice or services provided pursuant to the Act must meet or exceed the applicable professional standard of care.

History

• Source: Miss. Code Ann. § 73-43-11 (1972, as amended); Miss. Code Ann. § 41-137-5(7)(c) (as amended Mar. 27, 2023); Miss. Code Ann. § 41-137-9(2)(d) (2022).

30 Miss. Admin. Code Pt. 2640, R. 1.2 | Definitions For the purposes of Part 2640, Chapter 2, the following terms have the meanings indicated:

A. Bona fide practitioner-patient relationship means: (i) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner, within his or her scope of practice, has completed an in-person assessment of the patient’s medical history and current mental health and medical condition and has documented their certification in the patient’s medical file; (ii) The practitioner has consulted in person with the patient with respect to the patient’s debilitating medical condition; and (iii) The practitioner is available to or offers to provide follow-up care and treatment to the patient. B. Cannabis means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived drug products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act. C. For the purposes of this Chapter, Practitioner means a physician or physician assistant who is licensed to prescribe medicine under the licensing requirements of the Boards and the laws of this state. In relation to a nonresident cardholder, the term means a physician or physician assistant who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and under the laws of the state or territory in which the nonresident patient resides. For registered qualifying patients who are minors, “practitioner” shall mean a physician or doctor of osteopathic medicine who is licensed to prescribe medicine under the licensing requirements of the Board and the laws of this state. D. Chronic pain means a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by the certifying practitioner. E. Debilitating medical condition means:

(i) Cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions; (ii) A chronic, terminal or debilitating disease or medical diagnosis, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or

(iii) Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in Section 41-137-17.

F. Medical use includes the acquisition, administration, cultivation, processing, delivery, harvest, possession, preparation, transfer, transportation, or use of medical cannabis or equipment relating to the administration of medical cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term "medical use" does not include:

(i) The cultivation of cannabis unless the cultivation is done by a cannabis cultivation facility; or (ii) the extraction of resin from cannabis by mechanical or chemical extraction unless the extraction is done by a cannabis processing facility.

G. Qualifying Condition means any condition as described and defined in Section 41-137- 3(r) and R.1.2(E) of this Chapter. H. Qualifying Patient means a person who has been diagnosed by a practitioner as having a debilitating medical condition as described and defined in Section 41-137-3(r)(1) and has been issued a written certification, or who is eligible to receive such certification, under Section 41-137-5. I. Scope of practice means the defined parameters of various duties, services or activities that may be provided or performed by a physician as authorized under Section 73-25-33, or by a physician assistant under Section 73-26-5, and the rules and regulations adopted by the Board for those practitioners. J. Written Certification means a form approved by the Mississippi State Department of Health, signed and dated by a practitioner, certifying that a person has a debilitating medical condition. A written certification shall include the following:

(i) The date of issue and the effective date of the recommendation; (ii) The patient's name, date of birth and address; (iii) The practitioner's name, address, and federal Drug Enforcement Agency number; and (iv) The practitioner's signature.

History

• Source: Miss. Code Ann. § 73-43-11 (1972, as amended); Miss. Code Ann. § 41-137-3 (2022, as amended March 27, 2023).

30 Miss. Admin. Code Pt. 2640, R. 1.3 | Certification

A. Certification Generally (i) Practitioners must be authorized and registered with the Mississippi State Department of Health to certify patients as eligible to obtain cannabis for medical use. No person shall be authorized to use medical cannabis in this state unless the person (a) has been diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient relationship within his or her scope of practice, as having a debilitating medical condition for which the practitioner believes, in his or her professional opinion, that the person would likely receive medical or palliative benefit from the medical use of medical cannabis to treat or alleviate the person’s debilitating medical condition or symptoms associated with the person’s debilitating medical condition, (b) has received a written certification of that diagnosis from the practitioner, and (c) has been issued a registry identification card from the MDOH under Section 41-137-23. A person who has been diagnosed by a practitioner as specified in paragraph (a) of this subsection shall be a qualifying patient, and the practitioner who has diagnosed the patient shall document that diagnosis with a written certification. However, nothing herein shall require a practitioner to issue a written certification. (ii) A written certification shall: (i) Affirm that it is made in the course of a bona fide practitioner-patient relationship; (ii) Remain current for twelve (12) months, unless the certifying practitioner specifies a shorter period of time; (iii) Be issued only after an in-person assessment of the patient by the certifying practitioner; (iv) Only be issued on behalf of a minor when the minor’s parent or guardian, as defined in the Act, provides signed consent; and (v) Be limited to the allowable amount of cannabis in a thirty-day period.

After a practitioner has issued a written certification to a qualifying patient, a practitioner may assist the patient in registering for a registry identification card with the Department of Health, in a manner provided by regulations of the Department of Health. After a qualifying patient receives a written certification from a practitioner, the patient shall be required to make a follow-up visit with the practitioner not less than six (6) months after the date of issuance of the certification for the practitioner to evaluate and determine the effectiveness of the patient’s medical use of medical cannabis to treat or alleviate the patient’s debilitating medical

condition or symptoms associated with the patient’s debilitating medical condition. Qualifying patients may make a follow-up visit with a different practitioner than the practitioner who originally issued their written certification, provided that such practitioner is otherwise registered and acting within their scope of practice and the provisions of this chapter.

B. Pediatric Certifications Only physicians (Medical Doctors [MD] or Doctors of Osteopathic Medicine [DO]) may issue written certifications to registered qualifying patients who are minors (younger than eighteen (18) years of age).

A certifying practitioner may not issue a written certification to a qualifying patient who is younger than eighteen (18) years of age unless: (a) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of medical cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and

(b) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to: (i) Acknowledge the potential harms related to the use of medical cannabis; (ii) Allow the qualifying patient's medical use of medical cannabis; (iii) Serve as the qualifying patient's designated caregiver; and (iv) Control the acquisition of the medical cannabis, the dosage and the frequency of the use of medical cannabis by the qualifying patient.

C. Young Adult Certifications Notwithstanding any other provision to the contrary, a patient with a qualifying condition who is between eighteen (18) years to twenty-five (25) years of age is not eligible for a medical cannabis registry identification card unless two (2) practitioners from separate medical practices have diagnosed the patient as having a qualifying condition after an in-person consultation. One (1) of these practitioners must be a physician (Medical Doctor [MD] or Doctor of Osteopathic Medicine [DO]). If one (1) of the recommending practitioners is not the patient's primary care practitioner, the recommending practitioner shall review the records of a diagnosing practitioner. The requirement that the two (2) practitioners be from separate medical practices does not apply if the patient is homebound or if the patient had a registry identification card before the age of eighteen (18).

Miss. Code Ann. § 41-137-23 (2022, as amended March 27, 2023). Rule 1.4 | Patient Record

A practitioner who assesses a patient for certification must maintain a complete record of his or her assessment, just as with any other patient.

History

• Source: Miss. Code Ann. § 73-43-11 (1972, as amended); Miss. Code Ann. § 41-137-5 (2002, as amended March 27, 2023); Miss. Code Ann. § 41-137-9 (2022, as amended March 27, 2023);
• Source: Miss. Code Ann. § 73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2640, R. 1.5 | Continuing Medical Education (CME)

(a) A practitioner shall be registered to issue written certifications to qualifying patients by completing the required application process as set forth by the MDOH. The MDOH shall require a practitioner to complete a minimum of eight (8) hours of continuing education in medical cannabis in order to issue written certifications. After the first year of registration, these practitioners shall complete five (5) hours of continuing education in medical cannabis annually to maintain this registration. (b) A practitioner shall not be required to have any additional qualifications to be authorized to certify a qualifying patient for a registry identification card, other than such requirements for practitioners as provided under the Mississippi Medical Cannabis Act. (c) A practitioner shall not be required to be registered to certify patients with any state agency or board other than the MDOH

History

• Source: Miss. Code Ann. § 73-43-11 (1972, as amended); Miss. Code Ann. § 41-137-5 (2022, as amended March 27, 2023).

30 Miss. Admin. Code Pt. 2640, R. 1.6 | Violations

Violation of any of the rules or requirements in this Part 2640, Chapter 2, or of any provision of the Mississippi Medical Cannabis Act, constitutes unprofessional conduct in violation of Miss. Code Ann. § 73-25-29(8)(d) and may subject a licensee to discipline. Discipline under this Chapter and other provisions of the Administrative Code shall be in addition to any other civil, criminal, or administrative penalties available under state law.

The above rules pertaining to cannabis certification shall become effective August 26, 2022.

History

• Source: Miss. Code Ann. § 73-43-11 (1972, as amended).

Part 2645 Rules of Procedure

Chapter 1 Rules of Procedure Rule 1.1 Scope. The following Rules of Procedure apply to all individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi.

30 Miss. Admin. Code Pt. 2645, R. 1.2 Definitions

For the purpose of Part 2645, Chapter 1 only, the following terms have the meanings indicated: A. “Board” means the Mississippi State Board of Medical Licensure. B. “Mississippi Medical Practice Act” means Sections 73-25-1, et seq., pertaining to licensure and discipline of individuals practicing medicine or osteopathic medicine, and Sections 73-27-1, et seq., pertaining to licensure and discipline of individuals practicing podiatric medicine, or any amendments or additions to said statutes which may hereinafter be made. C. “Licensee” or “Physician” means any individual licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi. D. “Respondent” means a physician against whom a disciplinary proceeding has been initiated. E. “Complaint Counsel” means the attorney retained by the Board to prosecute physicians pursuant to the Mississippi Medical Practice Act. F. “Executive Director” means the chief executive officer or other designee employed by the Board to run the day to day operations of the Board.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.3 Complaint/Investigation

An investigation of alleged violation(s) of the Mississippi Medical Practice Act, Board rules, Board policy or applicable state or federal statutes or regulations may be initiated by the investigative staff of the Board either, (i) in response to a written complaint or adverse information duly received by the Board, or (ii) based on information independently developed by the investigative staff of the Board. Upon receipt of information indicating a possible violation, the investigative staff with advice and consultation from the Board's Executive Director, shall make an initial determination as to whether the information justifies further investigation. A case may be dismissed without further investigation based on a determination of either, (i) lack of jurisdiction, or (ii) no violation of applicable policy, rule, regulation or statute. During an investigation, the investigative staff may interview and take the statements of witnesses and licensees. During an interview of a licensee, the investigative staff shall inform the licensee of the nature and purpose for the investigation and, if requested, provide licensee with a copy of any written complaint provided, that if anonymity has been requested, all identifying data of the complainant shall be removed.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.4 Initiation of Disciplinary Action

Upon conclusion of an investigation, the results shall be presented to the Board’s Executive Director to determine if there is proper jurisdiction and violation of the Mississippi Medical Practice Act. The Board’s Executive Director may then authorize the issuance of a summons and affidavit, naming the accused licensee as a respondent in the proceedings. A. The summons, signed by the Board's Executive Director, shall set forth: 1. The style of the action. 2. The name and address of the accused respondent. 3. The address, date, and time at which the respondent is summoned to appear before the Board. 4. The specific rules of the Mississippi Medical Practice Act which the respondent is charged with violating. 5. The actions which the Board has the authority to take, including placing the physician on probation, the terms of which may be set by the Board, suspending his or her right to practice medicine for a time deemed proper by the Board, revoking his or her license, or taking any other action in relation to his or her license as the Board may deem proper under the circumstances. B. The affidavit, signed by the investigating officer, shall set forth, in numbered paragraphs, a concise statement of the material facts and allegations to be proven, including: 1. Facts giving rise to the Board's jurisdiction. 2. Facts constituting legal cause for administrative action against the respondent. 3. The statutory provisions alleged to have been violated by the respondent.

The summons and affidavit shall be delivered to the respondent, either through certified mail or by personal service. The summons shall name a date for hearing not less than thirty (30) days or more than sixty (60) days from the date of the mailing or service of the summons. The summons and affidavit shall bear the name, address, and telephone number of complaint counsel. All pleadings, motions or other papers permitted or required to be filed with the Board in connection with a pending disciplinary proceeding shall be filed by personal delivery at or by mail to the office of the Board. A copy of all papers filed with the Board shall be delivered by certified mail or personally served on opposing counsel of record. All pleadings, motions or other papers shall be submitted on plain white, letter size (8 ½" x 11") bond, with margins of at least one inch on all sides and text double spaced except as to quotations and other matter customarily single spaced; shall bear the style and caption of the case as it appears on the summons and shall include the certificate of the attorney or person making the filing that service of a copy of the same has been effected in the manner prescribed in the above paragraph. The Board may refuse to accept for filing any pleading, motion or other paper not in conformity with the requirements of this rule.

Within fifteen (15) days of service of the summons and affidavit, or such longer time as the Board, on motion of the respondent may permit, the respondent shall answer the summons and affidavit, admitting or denying each of the separate allegations of fact and of law set forth therein. Any matters admitted by the respondent shall be deemed proven and established for purposes of adjudication. Any matters or allegations not specifically denied are admitted for the purposes of the hearing. In the event that respondent does not file a response to the affidavit, all matters asserted therein shall be deemed admitted. Any respondent may be represented before the Board by an attorney at law who (i) is admitted to practice in the state of Mississippi, or (ii) has been given express permission by the Board to appear on behalf of respondent. Upon service of a summons and affidavit pursuant to the above, a respondent who is represented by legal counsel with respect to the proceeding shall personally or through such counsel, give written notice to the Board of the name, address and telephone number of such counsel. Following receipt of proper notice of representation, all further notices, affidavits, subpoenas, orders or other process related to the proceeding shall be served on respondent through the designated counsel of record.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.5 Subpoenas

For the purpose of disciplinary hearings, the Board acting by and through its Executive Director, may subpoena persons and papers on its own behalf and on behalf of a respondent. Before the Board shall issue on behalf of a respondent any subpoena for persons or papers, the respondent shall: A. File with the Board a written request for the issuance of said subpoenas, identifying with certainty the identity and address of all individuals to be subpoenaed, along with a concise description of the records to be subpoenaed with the identity and address of the custodian of said records. B. All requests for the issuance of subpoenas shall be filed with the Board sufficiently distant in time to allow for the preparation and mailing of said subpoenas at least fifteen (15) days before the scheduled hearing date. The Board shall not be responsible for the timely receipt of subpoenas issued after the aforementioned deadline. All subpoenas issued by the Board either on its own behalf or on behalf of a respondent shall be affected by either personal service of process or certified mail. Any subpoena issued by the Board shall be returnable within ten (10) days to either the Board or other location as specified in the subpoena. No subpoena shall be issued for the purpose of discovery, the means and manner of discovery being set forth in Part 2645, Rule 1.6. The Board shall charge a respondent a reasonable fee, not to exceed $25.00 per subpoena, for preparation and mailing of subpoenas.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.6 Discovery

A. Upon written request by a respondent or his or her counsel, complaint counsel of the Board shall disclose and permit respondent or his or her counsel to inspect, copy or photograph the following information and material, which is in the possession, custody, or control of the Board, or the existence of which is known to the complaint counsel: 1. Names and addresses of all witnesses proposed to be called in complaint counsel's case in chief, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness. 2. Copy of any written or recorded statement of respondent and the substance of any oral statement made by the respondent. 3. Copy of any criminal record of a respondent, if proposed to be used. 4. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case. 5. All records, documents, physical evidence or photographs which may be offered as evidence in complaint counsel's case in chief. 6. Any exculpatory material concerning the respondent. The Board shall charge a respondent a reasonable fee, not to exceed 50 cents per copy, payable in advance of delivery of copied documents. B. The Board may deny disclosure authorized by the preceding paragraph if it finds that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary embarrassment, resulting from such disclosure, which outweighs any usefulness of the disclosure to respondent or his or her counsel. C. Upon written request by complaint counsel, respondent or his or her counsel shall promptly disclose to complaint counsel and permit him or her to inspect, copy or photograph, the following information and material which is in the possession, custody, or control of respondent or his or her counsel, or the existence of which is known to respondent or his or her counsel: 1. Names and addresses of all witnesses proposed to be called in respondent's defense, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness. 2. All records, documents, physical evidence or photographs which may be offered as evidence in respondent's defense. 3. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case. D. No depositions shall be taken in preparation for matters to be heard before the Mississippi State Board of Medical Licensure.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.7 Amendment of Pleadings

The complaint counsel of the Board may amend a summons and affidavit after being duly served upon respondent at any time prior to the scheduled hearing date, provided, the amendment is for the purpose of correcting a clerical error or clarifying facts set forth in the affidavit. A summons and affidavit may be amended to add additional charges or counts provided the amended summons and affidavit is served upon respondent not less than thirty (30) days from the scheduled hearing date or by mutual agreement of the parties.

A respondent may amend his or her answer as a matter of course at any time before the answer is due. Otherwise, a respondent may amend his or her answer only by leave of the Board. Leave shall be freely given when justice so requires.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.8 Pre-Hearing Motions

All pre-hearing motions shall be filed not later than fifteen (15) days prior to the scheduled hearing. Said motion shall be accompanied by a memorandum setting forth a succinct explanation of the grounds on which relief is sought. A motion may be accompanied by an affidavit as necessary to establish facts alleged in support of the motion. Within ten (10) days of the filing of any motion, opposing counsel may file a memorandum in opposition to the initial motion.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.9 Continuances

Hearings shall be held before the full Board at the time and place designated in the summons, unless a continuance is granted for just cause by the Board. A motion for a continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing. It must be recognized that the Board consists of nine (9) practicing physicians representing various regions of the state. Unlike the judiciary, Board members are not in the business of conducting hearings, therefore hearings will be held only during regularly scheduled meetings or other date established by order of the Board. Attorneys representing physicians should take this fact into consideration. A scheduled hearing may be continued if the respondent shows substantial, legitimate grounds for continuing the hearing, based on the balance of: A. The right of respondent to a reasonable opportunity to prepare and present a defense. B. The Board's responsibility to protect the public health, safety and welfare. Where the counsel for respondent has a scheduling conflict on the initial hearing date, continuances will be liberally granted. However, respondent's counsel must submit written proof of the scheduling conflict. Thereafter, no further continuances will be granted based solely on scheduling conflicts. So that counsel for the respondent and complaint counsel shall be able to adequately prepare for hearing, any motion for a continuance filed within the time limitations specified above, will be immediately considered by the Board's President, who shall have the authority to grant or deny said motion. If granted, the order will be presented to the Board at the scheduled hearing date at which time the order will be formally entered and the rescheduled hearing date set. It is the responsibility of the respondent to make a prompt decision as to whether to appear before the Board “pro se” (without counsel) or retain counsel for this purpose. Unless due to extraordinary circumstances, the Board will not consider as a valid ground for continuance, the respondent's last minute decision to retain counsel.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.10 Informal Settlement, Pre-Hearing Stipulations, Consent Orders

A. All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of three means:

1. Disciplinary hearings before the full Board. 2. Acceptance by the Board of a mutually agreeable Consent Order in lieu of hearing. 3. Dismissal of the case. B. As to disciplinary proceedings duly noticed and docketed for hearing, counsel for respondent and complaint counsel may agree, or the Board's President may require, that an Informal Settlement Conference be held for the purpose of possible resolution, simplifying the issues for hearing or promoting stipulations as to facts and proposed evidentiary offerings which will not be disputed at hearing. C. The Informal Settlement Conference shall be conducted by respondent and/or his or her counsel and the complaint counsel and Executive Director. Other parties who may attend as necessary to assure fair and just outcomes while protecting public safety. Board members shall not participate in the Informal Settlement Conference, other than to approve a Consent Order as hereinafter provided. D. Discovery or exchange of information may be accomplished during the Informal Settlement Conference. E. The Informal Settlement Conference may result in: 1. Dismissal of the case. 2. Return of the case for further investigation. 3. Preparation of a proposed Consent Order as a resolution of the matter. 4. Proceed with the scheduled hearing. F. Any action which the Board may take following a full disciplinary hearing may be taken in lieu thereof by Consent Order, duly executed by the respondent. Because of the lengthy dockets before the Board, Informal Settlement Conferences must be held in sufficient time to allow consummation of negotiations of a Consent Order at least ten (10) working days prior to the scheduled hearing date. After the terms of a Consent Order have been prepared, the Board's Executive Director shall have the authority to accept, reject or modify the terms of a Consent Order. When a mutually acceptable Consent Order has been accepted by the Board's Executive Director, it shall be binding on the Board, but not effective until full Board approval. Notwithstanding, it is still the responsibility of the respondent to personally appear before the Board on the scheduled hearing date to answer any questions which the Board may have prior to full Board approval. G. If the parties to the Informal Settlement Conference are unable to reach a mutually agreeable Consent Order and the matter is to proceed to a full Board hearing, the parties shall agree in writing by stipulation, to the following: 1. Any undisputed claims, facts, testimony, documents or issues. 2. Evidence to be introduced without objection. 3. An estimate of the time required for the hearing.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.11 Formal Hearing

A. At a disciplinary hearing, opportunity shall be given to complaint counsel and respondent to present evidence on all issues of fact and argument on all issues of law and policy involved, to call, examine, and cross-examine witnesses, and to offer and introduce documentary evidence and exhibits as may be required for full and true disclosure of the facts and disposition of the matter.

B. All testimony and other proceedings shall be recorded by a certified stenographer who shall be retained by the Board. C. During the disciplinary hearing, the Board's President, acting as the presiding officer, or his or her designee, shall rule on all evidentiary questions, but in his or her discretion may consult with the entire panel in executive session. At such hearing, the Board may be assisted by the Mississippi Attorney General, or his or her designee, who shall not have been involved in any way with the case otherwise. The Board's presiding officer may delegate ruling on procedural and evidentiary issues to the Attorney General or his or her designee. D. In all disciplinary hearings before the Board, the record of the case shall include: 1. The summons and affidavit issued. 2. The Respondent's answer to the summons and affidavit. 3. All pleadings, motions, and rulings issued. 4. Evidence received or considered at the hearing. 5. Offers of proof, objections, and rulings thereon. 6. The Board's order or other disposition made by the Board. E. Disciplinary hearings before the Board shall be conducted in the following order: 1. Opening statements. 2. Complaint counsel's case in chief. 3. Respondent's case in chief. 4. Complaint counsel's rebuttal. 5. Closing statements. F. Questioning of witnesses shall be conducted in the following order: 1. Direct examination. 2. Cross-examination. 3. Redirect examination. G. Upon conclusion of the hearing, the Board shall conduct its deliberations in Executive Session, outside the presence of the parties. The Board shall then render its Determination and Order, setting forth Findings of Fact, Conclusions of Law and Order. Although the Board's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written determination and order. A copy of such determination and order shall be sent by certified mail, or served personally upon the respondent. The decision of the Board revoking, suspending or otherwise disciplining respondent shall become final thirty (30) days after so mailed or served unless within said period the respondent appeals the decision to the Chancery Court, as provided by law.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.12 Reinstatement of License

The procedural requirements enumerated above shall also apply to petition duly filed with the Board seeking reinstatement of a license pursuant to Section 73-25-32, Mississippi Code.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 1.13 Effective Date of Rules

The above procedural rules shall become effective June 19, 1995.

The above Rules of Procedure are adopted by the Board to implement its authority to investigate alleged violations of the Mississippi Medical Practice Act, conduct hearings on disciplinary matters, and consider petitions for termination of probationary and suspended licenses and restoration of revoked licenses, all as enumerated in Section 73-43-11, Mississippi Code. The above Rules of Procedure shall not be interpreted to alter or amend that which is otherwise provided by Mississippi statutory law. Amended May 17, 2007.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 2 Preservation and Certification of Electronic Records

30 Miss. Admin. Code Pt. 2645, R. 2.1 Scope

This regulation applies to all records that come into the Board’s possession. The purpose of this regulation is to designate policies and practices for records management in the transition from paper-based to electronic record-keeping in order to facilitate use and admissibility of such records in Board proceedings. This regulation shall not excuse compliance with any other lawful requirement for the preservation of records for periods longer than those prescribed in this regulation. While this regulation does not serve to supersede any pre-existing rules concerning the use and admissibility of records, adherence may enhance validity and admissibility of such records into evidence.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 2.2 Definitions

The following terms have the meanings indicated: A. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium. B. “Board” means the Mississippi State Board of Medical Licensure. C. “Custodian” means the person who creates, receives or maintains the records for use. Each custodian has the primary responsibility for ensuring the safety of the records, providing access to the records, and ensuring their authenticity. D. “Data” means any material upon which written, drawn, spoken, visual, or electromagnetic information or images are recorded or preserved, regardless of physical form or characteristics. E. “Database” means an electronically stored set of data, consisting of at least one file. F. “Document” means a form of information. A document may be put into an electronic form and stored in a computer as one or more files. A document may be part of a database. Each document is saved as a uniquely named file. G. “Electronic” means relating to technology as having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. H. ”Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means. I. “Floppy disk” means a random access, removable magnetic data storage medium that can be used with computers.

J. “Source Document” means the original paper form of a document.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 2.3 Electronic storage permitted

In addition to, or instead of, Source Documents in paper, records may be maintained and preserved for the required time by, among other formats: A. Micrographic media, including microfilm, microfiche, or any similar medium; or B. Electronic storage media, including any digital storage.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 2.4 Designation of supervisory official

For the purposes of this regulation, the Executive Director of the Board shall be the Custodian of Board records. Notwithstanding, the Executive Director of the Board shall have the authority to designate separate Custodians for each division of the Board. Each custodian shall supervise the preservation or authorized destruction of records.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 2.5 General requirements

The following procedures must be followed by the person who maintains records on behalf of the Board: A. Classification of records. The custodian shall classify all documents that are electronically stored. Hash values, or unique numerical identifiers, shall be used as a distinguishing trait. Hash values shall be assigned consistently to a file or a group of files based on a standard algorithm. B. When Source Documents are placed in Electronic Storage. The Source Document, if any, for electronically stored information may be place in electronic storage at any time when deemed necessary by the Board’s executive director. Notwithstanding, no records which have been introduced into evidence before the Board in a licensure or other administrative hearing shall be placed in electronic format if the actions of the Board are still pending, subject to an appeal or other court action. C. Time for destruction of Source Documents. The Source Document, if any, for electronically stored information may be destroyed after a period of six months, but until such time, must be separately stored. Prior to destruction of any records, the Board Executive Director shall determine that the records have no legal or administrative value. D. Access. Access to electronic storage media shall be limited to properly authorized personnel. E. Protection from information loss. The electronically stored information shall be protected against information loss by backup and recovery. The use of floppy disks or other forms of magnetic media not specifically designed for the purpose of long term storage shall be avoided. F. Protection from damage. Provide reasonable protection from damage by fire, flood, and other hazards for records. Safeguard records from unnecessary exposure to deterioration from excessive humidity, dryness, or lack of proper ventilation. G. Index of records. The electronically stored copies shall be indexed and maintained for ready reference and inspection. H. Maintenance of Records. Regular copying, reformatting, and other necessary maintenance shall be performed to ensure the retention of electronic records. I. Retrieval. Utilize a formal and timely retrieval process to permit standardized retrieval.

J. Reproduction. Any reproduction of a non-electronic original record on electronic storage media shall be complete, true, and legible.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2645, R. 2.6 Authenticating Electronic Evidence in Board Proceedings

A. Self-Authentication. Evidence of authenticity is not required for admissibility in any hearing or other matter before the Board, provided the evidence is either (i) an original or (ii) an electronic reproduction of the original as maintained by the Board. B. Method to self-authenticate. To be self-authenticating, the record must be accompanied by a written declaration of the designated custodian as provided herein, certifying that the electronic record (i) was made in the normal course and scope of Board business and (ii) by a person with knowledge of those matters. The proponent must show that the custodian of the records is not only familiar with the maintenance of the records, but also with how they are created. Adopted May 16, 2013. Amended May 18, 2017.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Part 2650 Administrative Rules

Chapter 1 Administrative Rules

30 Miss. Admin. Code Pt. 2650, R. 1.1 Method of Operation

Scope This regulation is promulgated pursuant to Mississippi Code, Section 25-43-2.104 of the Mississippi Administrative Procedures Law.

Description of the Mississippi State Board of Medical Licensure A. Reference is made to Title 73, Chapter 43 of the Mississippi Code, which establishes the Mississippi State Board of Medical Licensure (“the Board”) and sets forth its composition, general powers and duties. Further reference is made to the following additional provisions of Mississippi law: 1. Title 73, Chapter 25, which sets forth the Board’s specific powers and duties in relation to licensure and discipline of physicians and osteopaths. 2. Title 73, Chapter 26, which sets forth the Board’s specific powers and duties in relation to licensure and regulation of physician assistants. 3. Title 73, Chapter 27, which sets forth the Board’s specific powers and duties in relation to licensure and discipline of podiatrists. 4. Title 41, Chapter 58, which sets forth the Board’s specific powers and duties in relation to licensure and regulation of radiologist technicians and assistants. 5. Title 41, Chapter 29, which sets forth the Board’s specific powers and duties in relation to investigations of potential violations of the Mississippi Controlled Substance Laws. B. Rules adopted by the Board pursuant to the various authorities cited above are referred to as the Rules and Regulations of the Mississippi State Board of Medical Licensure. Pursuant to Mississippi Code, Section 73-43-13, the Board employs an Executive Director. The Board’s staff is organized into two (2) divisions: Licensure, which addresses matters related to the licensure of physicians, osteopaths, physician assistants, podiatrists, and radiologist technicians and assistants; and, Investigations, which investigates matters or allegations related to the potential violation of any state statute or regulation under the Board’s jurisdiction.

Where and How to Obtain Public Information The text of all Board rules, as well as information regarding pending rules, schedules of meetings and the like may be obtained by visiting the Board’s website at www.msbml.ms.gov. Requests for Declaratory Opinions may be made pursuant to Part 2650, Rule 1.3. Otherwise, requests for information may be made pursuant to and in accordance with the Mississippi Open Records Act by submitting written request to the Board’s current mailing address.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2650, R. 1.2 Oral Proceedings on Proposed Rules

A. Scope

This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Mississippi State Board of Medical Licensure (“the Board”) pursuant to Mississippi Code, Section 25-43-3.104. B. When Oral Proceedings Will Be Scheduled on Proposed Rules The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision and agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. The Board may also schedule an oral proceeding on a proposed rule on its own motion. C. Request Format Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8 ½” by 11"). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s). D. Notification of Oral Proceeding The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. E. Presiding Officer The President of the Board shall preside at the oral proceeding on a proposed rule. F. Public Presentations and Participation 1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. 2. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentation. For good cause shown, the presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board. 3. At the proceeding, all those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. 4. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. 5. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. 6. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion (i) recognize Board members for questions of the participant, or (ii) interrupt or end the participant’s time where the orderly conduct of the proceeding so requires. Should the presiding officer recognize a member of the Board for questions during the participant’s presentation, additional time will be afforded the participant in making his or her presentation.

G. Conduct of Oral Proceeding 1. Presiding Officer The presiding officer shall have the authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall: i. Call the proceeding to order. ii. Give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule. iii. Call on those individuals who have contacted the Board about speaking on or against the proposed rule. iv. Recognize Board members for questions of any participant during their presentation. v. Allow for rebuttal statements following all participants’ comments. vi. Adjourn the proceeding. 2. Physical and Documentary Submissions Submission presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and become subject to the Open Records Act. 3. Recording The Board will record oral proceedings by stenographic means.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

30 Miss. Admin. Code Pt. 2650, R. 1.3 Declaratory Opinions

A. Scope This regulation sets forth the rules of the Mississippi State Board of Medical Licensure (“the Board”) governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding such requests, as required by Mississippi Code, Section 25-43-2.103. This regulation is intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, and may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between this rule and the Mississippi Administrative Procedures Law, the latter will control. B. Persons Who May Request Declaratory Opinions Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the procedures set forth in this rule. For purposes of this rule, “substantial interest in the subject matter” means the individual, business, group or other entity making the request is directly affected by the Board’s administration of the laws, rules within its jurisdiction. To be a substantial interest, the interest affected by the statute, rule or regulation must be different from the interest of the general public in that same statute, rule or regulation. C. Subjects Which May Be Addressed in Declaratory Opinions The Board will issue declaratory opinions regarding the applicability to specified facts of: (i) a statute administered or enforced by the Board; or (ii) a rule or regulation promulgated by the Board.

D. Written Request Required Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8 ½” by 11"). Requests may be in the form of a letter addressed to the Board. No oral, telephone or e-mail requests for declaratory opinions will be accepted.

E. Where to Send Requests All requests must be mailed, hand-delivered or transmitted via facsimile to the Board’s current mailing address or current facsimile number. F. Question Presented Each request shall contain the following: 1. A full, complete and accurate statement of all relevant facts on which the opinion is requested, presented in a clear and concise manner. 2. A citation to the statute, rule or regulation at issue. 3. The question(s) sought to be answered in the opinion, stated clearly. 4. A suggested proposed opinion from the requestor, stating the answers desired by the petitioner and a summary of the reasons in support of those answers. 5. The identity of all other persons known to the requestor who may be involved in or impacted by the described factual situation, including the relationship of each to the facts, name, mailing address and phone number. 6. A statement that the person seeking the opinion has a substantial interest in the subject matter, and sufficient information to support that statement.

G. Name, Address and Signature of Requestor Each request must include the full name, telephone number and mailing address of the requestor. All requests must be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in this regulation.

H. Circumstances in Which Declaratory Opinions Will Not Be Issued The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not limited to: 1. The request is not made with sufficient clarity to facilitate the rendering of a declaratory opinion, or the request does not provide a complete or accurate statement of all relevant facts. 2. There exists pending or anticipated litigation, or a pending administrative or disciplinary action, or other adjudication, which has as its subject the precise question presented to the Board for declaratory opinion, the conclusion of which will resolve the question. 3. The statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request. 4. The facts presented in the request are not sufficient to answer the question presented. 5. The request fails to contain information required by this regulation or the requestor failed to follow the procedures established by this regulation. 6. The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute, rule or regulation on which a declaratory opinion is sought.

7. The facts, whether existing or anticipated, do not support that the requestor will be substantially affected by the application of the statute, rule or regulation. 8. The question presented by the request concerns the legal validity of a statute, rule or regulation. 9. The request is not based upon facts calculated to assist the requestor in the planning of future conduct, but is instead based on past conduct of the requestor in an attempt to determine the affect of the statute, rule or regulation on that past conduct. 10. No clear answer is determinable. 11. The question presented by the request may involve the application of a criminal statute or presents a set of facts which may constitute a crime. 12. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure. 13. The question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion. 14. A similar request is pending before the Board or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law. 15. Where issuance of a declaratory opinion may adversely affect the interests of the state of Mississippi, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. 16. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

I. Time for Board’s Response Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of this regulation, the Board shall, in writing: 1. Issue a declaratory opinion regarding the specific statute, rule or regulation as applied to specific facts presented in the request. 2. Decline to issue a declaratory opinion, stating the reasons for its action. 3. Agree to issue a declaratory opinion by a specific time not later than ninety (90) days after receipt of the written request. The forty-five (45) day period shall begin running on the first regular business day after the request is received by the Board, excluding legal holidays and weekends.

J. Effective Date of Declaratory Opinions A declaratory opinion shall not become final until the expiration of sixty (60) days after its issuance. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

K. Notice to Third Parties

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from individuals, agencies or entities other than the requestor.

L. Public Availability of Requests and Declaratory Opinions Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Mississippi Public Records Act. All declaratory opinions and requests shall be indexed by name of requestor and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

M. Effect of a Declaratory Opinion The Board will not pursue any civil, criminal or administrative action against a person who issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom an opinion is issued. No declaratory opinion will be used as a precedent for any other transaction or occurrence beyond that set forth by the requesting person.

Adopted November 9, 2006.

History

• Source: Miss. Code Ann. §73-43-11 (1972, as amended).

Chapter 2 Public Records

30 Miss. Admin. Code Pt. 2650, R. 2.1 Authority and purpose

“It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act. Furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records.” Section 25-61-1, Miss. Code of 1972.

“[A]ll public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body.” Section 25-61-5, Miss. Code of 1972.

The act defines "public record" to include "all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.” Section 25-61-3(b).

The purpose of these rules is to establish the procedures the Board of Medical Licensure will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the Board of Medical Licensure and establish processes for both requestors and the Board of Medical Licensure staff that are designed to best assist members of the public in obtaining such access. The purpose of the act is to provide the public full access to public records concerning the conduct of government. These rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the Board of Medical Licensure will be guided by the provisions of the act describing its purposes and interpretation.

Rule 2.2 Public body description--Contact information--Public records officer.

(1) The Board of Medical Licensure is a regulatory agency that licenses and regulates the practice of medical, osteopathic and podiatric physicians, as well as physician assistants, radiologist assistants, acupuncturists and limited x-ray machine operators. The Board’s central office is located at 1867 Crane Ridge Drive, Suite 200-B, Jackson, MS 39216. (2) Any person wishing to request access to public records of the Board, or seeking assistance in making such a request should contact the public records officer of the Board: Public Records Officer Mississippi State Board of Medical Licensure 1867 Crane Ridge Drive, Suite 200-B Jackson, MS 39216 (601) 987-3079 (601) 987-4159 (facsimile) mboard@msbml.ms.gov Information is also available at the Board’s web site at www.msbml.ms.gov .

(3) The public records officer will oversee compliance with the act and these rules, but another Board staff member may process the request. Therefore, these rules will refer to the public records officer or “designee." The public records officer or designee and the Board will provide the fullest assistance to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the Board.

Rule 2.3 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Board, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of the Board. The time, place

and manner of inspection and copying of records will not be allowed to interfere with other essential duties of the Board. (2) Organization of records. The Board will maintain its records in a reasonably organized manner. The Board will take reasonable actions to protect records from damage and disorganization. A requestor shall not take Board records from Board offices. A variety of records is available on the Board’s web site at www.msbml.ms.gov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request. (3) Making a request for public records. (a) Any person wishing to inspect or copy public records of the Board should make the request in writing on the Board’s request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information: Name of requestor; Address of requestor; Other contact information, including telephone number and any e-mail address; Identification of the public records adequate for the public records officer or designee to locate the records; and The date and time of day of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to Rule 1.9 of this policy, standard photocopies will be provided at fifteen (15) cents per page. (c) A form is available for use by requestors at the office of the public records officer and on-line at www.msbml.ms.gov .

Rule 2.4. Processing of public records requests – General.

(1) Providing access. The Board acknowledges that “providing access to public records is a duty” and that “any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record” in accordance with these policies. Sections 25-61-1 and 25-61-5. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. (2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following: (a) Make the records available for inspection or copying; (b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(c) Provide a reasonable estimate of when records will be available; or (d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or (e) Deny the request, stating the reason for the denial in writing. (3) Consequences of failure to respond. If the Board does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond. (4) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the Board believes that a record is exempt from disclosure and should be withheld, the public records officer will deny the request in writing as set out in Rule 1.4 (2)(d) above, stating the specific exemption. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. (5) Inspection of records. (a) Consistent with other demands, the Board shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the public body to copy. (b) The requestor must claim or review the assembled records within thirty days of the Board’s notification to him or her that the records are available for inspection or copying. The public body will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the public body to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the Board may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request. (6) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying. (7) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(8) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the Board has completed a diligent search for the requested records and made any located nonexempt records available for inspection. (9) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the Board has closed the request. (10) Later discovered documents. If, after the Board has informed the requestor that it has provided all available records, the Board becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

Rule 2.5 Processing of public records requests – Electronic records.

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records. (2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the public body and is generally commercially available, or in a format that is reasonably translatable from the format in which the public body keeps the record. Costs for providing electronic records are governed by Rule 1.9. (3) Customized access to data bases. With the consent of the requestor, the Board may provide customized access if the record is not reasonably locatable or not reasonably translatable into the format requested. The Board may charge the actual cost for such customized access.

Rule 2.6 Exemptions. The Public Records Act, as well as other statues and court decisions, provide that a number of types of documents are exempt from public inspection and copying. In addition, other statutes or rules of law, such as various privacy restrictions, may prohibit disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the Board for inspection and copying:

Academic records exempt from public access, see § 37-11-51.

Appraisal records exempt from access, see § 31-1- 27.

Archaeological records exempt from public access, see § 39-7- 41.

Attorney work product, examination, exemption, see § 25-1- 102.

Birth Defects Registry, see § 41-21-205.

Bureau of vital statistics, access to records, see § 41-57-2.

Charitable organizations, registration information, exemption from public access, see § 79-11- 527.

Concealed pistols or revolvers, licenses to carry, records, exemption, see § 45-9- 101.

Confidentiality, ambulatory surgical facilities, see § 41-75-19.

Defendants likely to flee or physically harm themselves or others, see § 41- 32-7.

Environmental self-evaluation reports, public records act, exemption, see § 49-2- 71.

Hospital records, Mississippi Public Records Act exemption, see § 41-9- 68.

Individual tax records in possession of public body, exemption from public access requirements, see § 27-3- 77.

Insurance and insurance companies, risk based capital level requirements, reports, see § 83-5- 415.

Judicial records, public access, exemption, see § 9-1- 38.

Jury records exempt from public records provisions, see § 13-5- 97.

Licensure application and examination records. exemption from Public Records Act, see § 73-52-1.

Medical examiner, records and reports, see § 41-61-63.

Personnel files exempt from examination, see § 25-1- 100.

Public records and trade secrets, proprietary commercial and financial information, exemption from public access, see § 79-23-1.

Workers' compensation, access to records, see § 71-3- 66.

Records subject to privilege, such as Attorney/Client, Physician/Patient, etc.

History

• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).

30 Miss. Admin. Code Pt. 2650, R. 2.7 Third Party Information

When any person files or submits documents with the Board which the filer contends are exempt from disclosure under the Public Records Act, the filer shall provide a written statement at the time of filing which shall describe the documents filed and which shall fully explain why the documents are designated as exempt from disclosure and must specifically cite any statute or other legal authority in support of such designation. Such written statement shall itself be a public record subject to disclosure.

Any document filed with the Board which contains trade secrets or confidential commercial or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such by the filer on its face and accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page of each document shall be marked confidential. Upon request to inspect or copy any document so designated, the Board shall notify the person who filed the document. Thirty (30) days after such notice, the document will be made available for public inspection or copying unless the filer shall have obtained a court order protecting such records as confidential pursuant to Section 25-61-9, Miss. Code of 1972. Any person filing documents with the Board shall, prior to filing, redact from the documents any social security numbers, account numbers or dates of birth not required to be listed. The Board shall determine on a case-by-case basis whether similar information may be redacted by the filer to prevent identity theft. In no event will the Board bear any responsibility for a filer’s failure to redact such information which leads to or may lead to identity theft or other crime or loss.

History

• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).

30 Miss. Admin. Code Pt. 2650, R. 2.8 Costs of providing public records

(1) Costs for paper copies. Section 25-61-7(1), Miss. Code of 1972, reads as follows: “Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records.” A requestor may obtain standard black and white photocopies for fifteen (15) cents per page and color copies for twenty-five (25) cents per page. Before the Board begins to make the copies, the requestor must pre-pay all reasonably estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records in an installment before providing that installment. (2) Costs for electronic records. The cost of electronic copies of records shall be ten (10) dollars for information on a CD-ROM. The cost of scanning existing MSBML paper or other non-electronic records is ten (10) cents per page. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee or system costs allowed under Section 25-61-7(2), Miss. Code of 1972.

(3) Costs of mailing. The Board may also charge actual costs of mailing, including the cost of the shipping container. (4) Payment. Payment may be made by cash, check, or money order to the Board. (5) Charges for searching, reviewing and redacting. The actual cost of searching for and reviewing and, if necessary, redacting exempt information from public records shall be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task, which shall be multiplied by the actual time to complete the task. (6) The Board may require payment in advance for all costs before providing copies or access to records.

Rule 2.9 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition must include a copy of or reasonably identify the written statement by the public records officer or designee denying the request. (2) Consideration of petition for review. The public records officer must promptly provide the petition and any other relevant information to the Board’s Executive Director. The Executive Director will immediately consider the petition and either affirm or reverse the denial within two business days following the Board’s receipt of the petition, or within such other time as the Board and the requestor mutually agree to. (3) Review by the Ethics Commission. Pursuant to Section 25-61-13, if the Board denies a requestor access to public records, the requestor may ask the Ethics Commission to review the matter. The Ethics Commission has adopted rules on such requests. They may be found at www.ethics.state.ms.us. (4) Judicial review. Any person whose request for public records was denied may institute a suit in the chancery court of Hinds County, seeking to reverse the denial, as set forth in Section 25- 61-13. Adopted March 19, 2015.

For Office Use Only Date Received Reviewed By

APPENDIX A

OFFICE BASED SURGERY REGISTRATION FORM (For Levels II and III only) PLEASE PRINT IN INK OR TYPE Name:

Last First Middle MS License Number

Indicate how credentialed: Board certification Alternative credentialing

Explain: Primary surgical practice location Surgical Level(s) (II and/or III) List physical address of all locations 1 .

List procedures to be performed in office:

(Additional locations and procedures may be listed on a separate page.)

Signature Date

RETURN BY MAIL TO: Mississippi State Board of Medical Licensure 1867 Crane Ridge Drive, Suite 200-B Jackson MS 39216

APPENDIX B

SURGICAL EVENT REPORT FORM NOTE: Part 2635, Chapter2 of Administrative Code of the Mississippi State Board of Medical Licensure requires surgeons to report any surgical event to the Board within 15 days of the event. A “surgical event” is recognized as a potentially harmful or life threatening episode related to either the anesthetic or the surgery. Any “surgical event” in the immediate perioperative period that must be reported are those which are life-threatening, require special treatment, or require hospitalization, including, but not limited to the following: (1) serious cardiopulmonary or anesthetic events; (2) major anesthetic or surgical complications; (3) temporary or permanent disability; (4) coma; or (5) death.

Date: Time: Name and Title of Person Filing Report:

Provider Information

Name of Physician: MS License #:

Specialty: Board Certified? Yes No

Phone: ( )

Address :

Surgical Event (Refer to patient by file number only) Patient File Number:

DO NOT SEND PATIENT MEDICAL RECORDS

Age of Patient: Sex: Male Female

Name/Nature of Procedure(s):

Anesthesia/Analgesia (include dosage): Nature of Surgical Event (e.g., anaphylaxis, syncope, infection, rash, etc.):

Treatment for Event:

Patient Outcome/Disposition: Hospitalized? Yes No

(Additional information may be given on a separate page.)

RETURN BY MAIL TO: Mississippi State Board of Medical Licensure 1867 Crane Ridge Drive, Suite 200-B Jackson MS 39216

APPENDIX C

ADMINISTRATION/DISPENSATION LOG AND PERPETUAL INVENTORY–SAMPLE

Demerol 50mg/ml Inj. (1ml) Drug Name and Strength (One drug per page)

Physician Name: Dr. Doolittle Patient Name or Drug Company and Invoice Number Patient Address Date Dispensed/ Order Rec. Amount Admin./ Dispensed Amount Ordered & Received Total On Hand Comments/method of Disp. IV / IM / PO Initials XYZ Drug Company Invoice #00001 12/1/00 N/A 5 Initial Inventory of Stock on hand BOB or COB(Beginning of Business or Close of Business) CM John Doe 112 Shady Lane, Jackson MS 02/05/01 50mg N/A 4 CM Jane Roe 43 Easy Street, Jackson MS 03/07/01 50mg N/A 3 CM Mo Joe 1004 Foraker Ave., Pearl MS 05/09/01 50mg N/A 2 JW Flo Joe 1004 Foraker Ave., Pearl MS 09/15/01 25mg N/A 1 CM / JW Jack Sprat #4 Grand Boulevard, Brandon 12/01/01 50mg N/A 0 CM XYZ Drug Company Invoice #00002 12/12/01 N/A 5 5 Addition to inventory CM John Doe (not necessary to repeat address on same page) 01/15/02 50mg N/A 4 JW Jane Roe 03/02/02 50mg N/A 3 JW Moe Joe 06/15/02 50mg N/A 2 CM Flo Joe 11/22/02 50mg N/A 1 JW N/A N/A 12/01/02 N/A N/A 1 DEA Biennial Inventory of Stock on hand ( BOB or COB) CM Jack Sprat 01/05/03 50mg N/A 0 CM

Page _____ of _____

APPENDIX D

ADMINISTRATION/DISPENSATION LOG AND PERPETUAL INVENTORY

______________________________________________ Drug Name and Strength (One drug per page)

Physician Name: Patient Name or Drug Company and Invoice Number Patient Address Date Dispensed/ Order Rec. Amount Admin./ Dispensed Amount Ordered & Received Total On Hand Comments/method of Disp. IV / IM / PO Initials Initial Inventory of Stock on hand

Page _____ of _____

MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE P AIN MANAGEMENT CLINIC REGISTRATION APPENDIX E

PAIN MANAGEMENT CLINIC INFORMATION (PLEASE PRINT) Clinic Name: Address (No PO Box): City: State: Zip: Office Phone Number: Tax ID Number: Hours of Clinic Operation: (ex: M-F 8-5, or 40 hrs a week) Clinic Certification No.: PRIMARY PHYSICIAN OWNER INFORMATION (PLEASE PRINT) Provide documentation of proof of ownership Last Name: First Name: Mid: M.D. D.O. Phone Number: Medical License Number: DEA Controlled Substance Registration Number: Number of hours physician owner will be on site at clinic per week: Do you currently hold an active, unrestricted medical license in Mississippi? If the answer to this question is “no”, you are not currently eligible to own and operate a pain management clinic. Yes No

Are all the owners of the pain management clinic physicians? Yes No

Have you, any co-owner, current employee or person with whom you contract services ever: been denied, by any jurisdiction, a license issued by the Drug Enforcement Administration (DEA) under which the person may prescribe, dispense, administer, supply or sell a controlled substance or other listed medications under definitions?

Yes No

held a license issued by the Drug Enforcement Administration under which the person may prescribe, dispense, administer, or supply or sell a controlled substance that has been restricted? Yes No

been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying or selling a controlled substance? Yes No

If the answer to any of the above questions is “yes”, you are not currently eligible to own and operate a pain management clinic. Have you, or any co-owner, ever been convicted of, pled nolo contendere to, or received deferred adjudication for:

an offense that constitutes a felony?

Yes No

an offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance? Yes No

If the answer to any of the above questions is “yes”, you are not currently eligible to own and operate a pain management clinic. I certify that the information that I have provided on this application is correct. I understand that it is a violation of the Mississippi Medical Practice Act, Miss. Code Ann. Section 73-25-1 et seq., to submit a false or misleading statement to a governmental agency. I acknowledge that the Mississippi Board of Medical Licensure (MSBML) is not authorized to issue a pain management certification if I do not provide all requested information. I certify that I am the person named in this document, and all statements I have made are true.

Physician Signature: Date:

MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE P AIN MANAGEMENT CLINIC REGISTRATION

PHYSICIAN AND NON-PHYSICIAN INFORMATION (PLEASE PRINT) List All Physicians who may be Physician Partner/Owner Physician Treating Patients Include any Non-Physician Owner Last First Middle Name Circle one

M.D. D.O. D.P.M. P.A. L.Ac. N.P. Non-physician Non-Physician Social Security Number: Non-Physician Date of Birth: Phone Number: Medical License Number: DEA Controlled Substance Registration Number: Number of hours physician owner will be on site at clinic per week: Last First Middle Name Circle one

M.D. D.O. D.P.M. P.A. L.Ac. N.P. Non-physician Non-Physician Social Security Number: Non-Physician Date of Birth: Phone Number: Medical License Number: DEA Controlled Substance Registration Number: Number of hours physician owner will be on site at clinic per week: Last First Middle Name Circle one

M.D. D.O. D.P.M. P.A. L.Ac. N.P. Non-physician Non-Physician Social Security Number: Non-Physician Date of Birth: Phone Number: Medical License Number: DEA Controlled Substance Registration Number: Number of hours physician owner will be on site at clinic per week: Last First Middle Name Circle one

M.D. D.O. D.P.M. P.A. L.Ac. N.P. Non-physician Non-Physician Social Security Number: Non-Physician Date of Birth: Phone Number: Medical License Number: DEA Controlled Substance Registration Number: Number of hours physician owner will be on site at clinic per week: *Copy for additional pages if needed.

Contact Information: If you have any questions, please Contact the Investigative Division of the Mississippi State Board of Medical Licensure at: 1867 Crane Ridge Drive, Suite 200-B, Jackson, MS 39216 Fax: (601) 987-6822 Tel: (601) 987-0230, or 0235 or 0231.

Mail Forms: MSBML/ Investigative Division - Pain Clinic Regulation, 1867 Crane Ridge Drive, Suite 200-B, Jackson, MS 39216. Submit original signed documents only, NO facsimile, email or duplicate copies will be accepted.

History

• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).
• Source: Miss. Code Ann. §73 ‐43‐ 11 (1972, as amended).

STATE BOARD OF OPTOMETRY STATE BOARD OF OPTOMETRY

Part 2901 Mississippi State Board of Optometry Rules and Regulations

30 Miss. Admin. Code Pt. 2901, R. 10.1 Rule 10.1

Therapeutic CPT Codes. 10.2 PEP Certified CPT Codes.

Chapter 11. Telehealth. 11.1 Definition. 11.2 Providers. 11.3 Maintenance and Retention of Records. 11.4 Confidentiality. 11.5 Patient Identity and Communication. 11.6 Patient Relationships. 11.7 Established Treatment Site. 11.8 Distant Site Provider.

Chapter 12. Cannabis Certification. 12.1 Scope for Part 2901, Chapter 12. 12.2 Definitions. 12.3 Registration and Certification. 12.4 Patient Record. 12.5 Continuing Education (CE). 12.6 Advertising. 12.7 Freedom of Choice and Conflicts of Interest. 12.8 Mississippi Prescription Monitoring Program (MPMP) and Urine Drug Screening. 12.9 Concomitant prescribing of controlled Substances and Cannabis Certification. 12.10 Violations.

Mississippi State Board of Optometry Rules and Regulations

Chapter 1 Examinations Rule 1.1 Definitions. A. The following words and terms, when used in these Rules and Regulations, shall have the following meanings, unless the context clearly indicates otherwise. 1. Open Records Act – Mississippi Public Record Act of 1983. 2. NBEO – National Board of Examiners in Optometry 3. Counsel – Attorney General’s Office 4. Executive Director – The person or entity hired to provide management services for the Board. 5. Diagnostic Optometrist – An optometrist certified to use diagnostic pharmaceutical agents. 6. Therapeutic Optometrist – An optometrist certified to use therapeutic pharmaceutical agents. 7. Primary Eye Care Procedures Optometrist (PEP) - An optometrist certified to perform primary eye care procedures. PEP certified optometrists will have a PEP designation added to their license number. 8. Primary Eye Care Procedures – Primary eye care procedures are procedures that employ incision, injection, laser, radiation, cautery, cryotherapy, vaporization, ultrasound, chelation, ionization, intense light, UV, radio frequency and other surgical methods, chemical reactions, or instruments, not otherwise excluded within this statue. a. Exclusions defined within this statute include: i. Intraocular surgery, not including YAG laser posterior capsulotomy. ii. Intraocular injection iii. Intraocular transplantation iv. Intraocular aspiration or the ordering of for diagnostic purposes v. Intraocular penetration or the ordering of for diagnostic purposes vi. Use of medications that must be injected or implanted into the eye or orbit vii. Biopsy of any part of the globe or the ordering of for diagnostic purposes viii. Injection of dermal fillers and substances such as hyaluronic acid and poly-L-lactic acid for cosmetic purposes. ix. Removal of foreign bodies that involve eyelid margins, lacrimal drainage structures, or extending deeper than the orbicularis muscle. x. Reconstructive surgery of the eyelid. xi. Cataract Surgery

30 Miss. Admin. Code Pt. 2901, R. 1.2 Application process and background checks

A. The applicant shall make application on forms to be furnished by the Board and shall include a photograph for identification purposes. B. Such application shall contain references as to good moral character from at least two optometrists licensed by the State of Mississippi and who are actively engaged in the practice of optometry, and in good standing. In the event this is not possible, affidavits from two (2) persons not related to the applicant or to each other, who have known the applicant for at least five (5) years, attesting to the good moral character of the applicant, will be acceptable. C. The applicant shall provide primary source verification of passage of all parts of the National Board of Examiners of Optometry (NBEO) examination. D. The applicant must request that letters of good standing be sent to the Board office for all other states in which the applicant has ever held a license to practice. Any person furnishing false information in such application shall be denied the right to take the examination, or if the applicant has been licensed before it is made known to the Board of the falseness of such information, such license shall be subject to suspension, revocation, or cancellation. E. Certified copies of the transcript of record from pre-optometry and optometry colleges attended by the applicant shall accompany each application, which certified transcript of record shall show the total number of hours of attendance, the subjects studied, the grades or marks given, and the date of graduation of the applicant. The completed application and examination fee must be filed with the Board not later than thirty (30) days prior to the date of the examination. In the event an applicant intends to retake the examination, the fee therefore and the notice to this intention to retake said examination must also be in the Board’s office thirty (30) days prior to the date of the examination. The initial license fee is Four Hundred Dollars ($400.00) [Two Hundred Dollars ($200.00) for July examination] must be paid upon passage of the jurisprudence examination and prior to release of the license. F. The fee for taking the initial examination shall be Two Hundred Dollars ($200.00) for Mississippi residents and Three Hundred Dollars ($300.00) for nonresidents. PEP certification will require an additional Seven Hundred and Fifty Dollars ($750.00) fee. G. No application fee for examination will be returned to any applicant after the application has been approved by the Board, because of the decision of the applicant not to stand for the examination or failure for any reason to take the examination.

H. Conduct a criminal history records check on licensees whose licensure is subject to investigation by the Board and on applicants for licensure. In order to determine the applicant’s or licensee’s suitability for licensing, the applicant or licensee shall be fingerprinted. The Board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining state and national criminal history records information on the applicant or licensee.

History

• Source: Miss. Code Ann. § 73-19-19

30 Miss. Admin. Code Pt. 2901, R. 1.3 National Board Examination

A. The Board determines that the written examination by the National Board of Examiners in Optometry (NBEO) complies in all material respects with the examination requirements of the Act. B. The Board shall obtain a true and current copy of each applicant’s score report directly from NBEO as evidence of having achieved a passing grade on each part of the NBEO examination.

History

• Source: Miss. Code Ann. §§ 73-19-17; 73-19-153

30 Miss. Admin. Code Pt. 2901, R. 1.4 Jurisprudence Examination Administration

A completed application must be received by the Board at least thirty (30) days prior to the scheduled examination. The written examination is administered in accordance with procedures set forth by the Board.

History

• Source: Miss. Code Ann. § 73-19-19

30 Miss. Admin. Code Pt. 2901, R. 1.5 Primary Eyecare Procedure Certification A

The Mississippi State Board of Optometry requires certification to perform primary eye care procedures and certain administration. The certification process will include the credentialing process to perform the authorized ophthalmic surgery procedure YAG laser posterior capsulotomy and require: 1. Proof of holding a Mississippi license to practice therapeutic optometry and is in good standing; 2. Proof of satisfactory completion of a course of instruction as approved by the Board. Those graduating from an accredited school or college of optometry within five (5) years after the effective date of this Act may be excluded from the course completion requirement, provided that the candidate has successfully passed appropriate coursework to fulfill requirements as determined by the Board.

History

• Source: Miss. Code Ann. § 73-19-1

30 Miss. Admin. Code Pt. 2901, R. 1.6 Reciprocity

A. The Mississippi State Board of Optometry will consider any licensed optometrist applying for licensure by reciprocity on a case-by-case basis as provided for in Section

73-19-25, Miss. Code Ann. (1972) as amended. The criteria for a license under this provision will include a determination of the following factors: 1. Whether or not the person has passed or failed a written examination in another state; 2. Whether the other state board similarly accredits the holder of a license issued by the Mississippi State Board; 3. Whether the applicant pays a Fifty Dollar ($50.00) fee, in addition to a prorated licensing fee. 4. Whether the applicant causes the other state board to file a true and attested copy of the other state license (certified by the president or secretary of that State Board issuing the license); the license must be mailed directly from the other state licensing board; 5. Whether the applicant establishes that the standard requirements adopted and enforced by the other state are equal to that provided by this state; 6. Whether or not the applicant has previously failed an examination administered by the Mississippi State Board. 7. Whether or not the applicant has taken and passed the examination on Mississippi Law and Rules and Regulations. 8. The issuance of a certificate of licensure by reciprocity to a military- trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of sections 73-50-1 or 73-50-2, as applicable.

History

• Source: Miss. Code Ann. § 73-19-25

30 Miss. Admin. Code Pt. 2901, R. 1.7 Licensure Pursuant to the Military Family Freedom Act

A. Active members of the military, spouses and/or dependents of an active member of the military located in Mississippi, seeking registration pursuant to the Military Family Freedom Act, Miss. Code Ann. §73-50-1, et. seq., may complete an application available to qualifying applicants. The application is available on the Board’s website located at https://www.msbo.ms.gov or otherwise may be made available by the Board. B. Proof of the applicant’s current and valid out-of-state (or US Territory) optometry license or proof of military occupational specialty, completion of a military program of training, testing and/or experience performed in the occupational specialty. C. Source documents in support of the application must be received from the appropriate sources. D. After an applicant completes the military application, the applicant will receive a temporary practice permit that is valid for one hundred twenty (120) days from the date of issue. The Board will either issue or deny the license within one hundred twenty (120) days from the date of the application.

History

• Source: Miss. Code Ann. §§ 73-19-25; 73-50-1

30 Miss. Admin. Code Pt. 2901, R. 1.8 Licensure Pursuant to the Universal Recognition of Occupational Licenses Act (UROLA)

A. A person who establishes Mississippi residency seeking licensure pursuant to the Universal Recognition of Occupational Licenses Act, Miss. Code Ann. §73-50-2, et. seq., may complete an application available to qualifying applicants. The application

is available on the Board’s website located at https://www.msbo.ms.gov or otherwise may be made available by the Board. B. Proof of the applicant’s current and valid out-of-state (or US Territory) optometry license. C. Source documents in support of the application must be received from the appropriate sources. D. Proof of Mississippi residency must be submitted with the completed universal application, and includes, but is not limited to, a copy of a state-issued identification card, documentation of current home ownership or lease of residence, documentation of current in-state employment or notarized letter of promise of employment of the applicant or applicant’s spouse, and/or current Mississippi residential utility bill which contains that applicant's name and current address.

History

• Source: Miss. Code Ann. § 73-50-2

30 Miss. Admin. Code Pt. 2901, R. 1.9 Request for Pre-Licensure Determination, Fresh Start Act of 2019

A. An individual may request the Board for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a certified copy of any judgement of conviction and a fee of Twenty-Five Dollars ($25.00). 1. Disqualifying Crimes a. An individual may be denied a license based on a felony conviction which includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendere. b. An individual may be denied a license based on crimes directly related to licensure practice. Crimes involving fraud or misrepresentation, theft, cheating to pass a licensure exam, embezzlement, shoplifting, forgery, burglary and identity theft. c. An applicant may be denied a license based on the admission of multiple convictions, including misdemeanor convictions and pending unresolved charges; both may be used to determine if an individual shall be denied a license. 2. Determination Notification a. The Board or its designee shall issue a written determination notification to the individual within thirty (30) days from the Board’s receipt of the individual’s request. b. The individual shall be provided one of the following responses: i. If the individual’s request contains insufficient information, the Board or its designee will notify the individual that a determination cannot be made at this time as to the individual’s standing or whether or not the criminal record will disqualify the individual from obtaining a license. ii. The Board or its designee shall notify the individual in writing of the following:

(A) grounds and reasons for denial or disqualification. (B) the individual’s right to an administrative hearing to challenge the Board or its designee’s decision. The notice must include the time, date and nature of the hearing pursuant to the Board’s statutory provisions and rules and regulations. (C) the earliest date to reapply for a license. (D) evidence of rehabilitation may be considered upon reapplication.

History

• Source: Miss. Code Ann. §§ 73-19-9 & 73-19-23

Chapter 2 Administration Rule 2.1 Public Records. A. The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Record Act of 1983 (Open Records Act). It is not intended that these procedures shall apply to any public record or other document which is exempt from the provisions of said Act or not covered by the provisions of the Open Records Act. 1. Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Board should make a written request, signed by themselves, and mailed to the Executive Director, Mississippi State Board of Optometry, 5 Old River Place, Suite 105, Jackson, Mississippi 39202-3449. 2. The written request must be typed or clearly hand printed on a letter-sized piece of paper and shall specify in detail the public record sought. The request should include, if possible, a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. 3. The written request must specify what the applicant proposes to do with the record, i.e., inspect, copy, etc. state the date and time for the proposed activity; state the number of persons scheduled to participate; and shall provide the name, address, and home and office telephone number of the applicant. 4. Upon receipt of any such request, Board Counsel shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or access to records or deny access to or production of the records sought within seven (7) working days from the date of the receipt of the request for the production of the record. If the Board is unable to produce a public record by the seventh (7 th ) working day after the request is made, the Board will provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven (7) day period. Unless there is a mutual agreement of the parties, in no event shall the date for the Board’s production of the request records be any later than fourteen (14) working days from the receipt of the original request.

30 Miss. Admin. Code Pt. 2901, R. 2.2 Public Participation in Meetings

Any member of the public is allowed the opportunity for comment on any issue under the jurisdiction of the Board after filing an Agenda Request Form seven (7) business days prior to the public meeting.

History

• Source: Miss. Code Ann. § 25-41-3

30 Miss. Admin. Code Pt. 2901, R. 2.3 Organization A

The Board shall consist of five (5) members appointed by the Governor, with advice

and consent of the Senate. B. Each member shall be appointed from a list submitted by The Mississippi Optometric Association consisting of three (3) members, or by appointment by any qualified member of the association, all of whom must be residents of Mississippi. C. Initial appointments to the Board will be for staggered terms. All subsequent appointments to the Board shall be appointed by the Governor for the terms of five (5) years from the expiration date of the previous term. No person shall be appointed for more than two (2) consecutive terms. Each member shall remain in office after the expiration of his term until his successor shall be duly appointed and qualified. D. Board members shall receive the per diem authorized under Section 25-3-69 of Miss. Code Ann. (1972) as amended for each day actually discharging their official duties and shall receive reimbursement for mileage and necessary expense incurred, as provided in Section 25-3-41 of Miss. Code Ann. (1972) as amended. E. No person so appointed shall be a stockholder or a member of the faculty or the board of trustees of any school of optometry. F. The Board shall organize by the election from its members of a president and a secretary, who shall hold their respective offices for one (1) year. G. A majority of the Board shall constitute a quorum, but a less number for adjournment from time to time.

History

• Source: Miss. Code Ann. § 73-19-7

30 Miss. Admin. Code Pt. 2901, R. 2.4 Board Operations A

The Board shall make such rules and regulations as may be necessary to carry out the provisions of the statute; provided, however, that it shall require the concurrence of a majority of the members of the Board to grant or revoke a license. B. The Board shall hold meetings for examinations, beginning on the second week of January and July of each year, and additional meetings at such times and places as the Board shall determine, said additional meetings not to exceed ten (10) meeting days annually, but the July meeting shall be held in the City of Jackson. C. Meeting dates, times, and locations are published on the Board’s website. D. An organizational meeting shall be held in January of even numbered years for the purpose of electing officers.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 2.5 Oral Proceedings

A. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. B. Each request must be printed, typewritten, or legibly handwritten. Each request must be submitted on standard business letter-sized paper (8½ inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).

C. The date, time, and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. D. The President or designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. E. Public Presentations and Participation 1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. 2. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one (1) business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer, in their discretion may allow individuals to participate that have not previously contacted the Board. 3. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. 4. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. 5. Persons making oral presentations are encouraged to avoid restating matters that have already been stated or matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceedings. 6. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in their discretion interrupt or end the participant’s time where the orderly conduct of the proceeding so requires. F. Conduct of Oral Proceeding 1. Presiding Officer. The presiding officer shall have authority to conduct the proceeding in their discretion for the orderly conduct of the proceedings. The presiding officer shall: a. call the proceeding to order; b. give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; c. call on those individuals who have contacted the Board about speaking on or against the proposed rule; d. allow for rebuttal statements following all participant’s comments; e. adjourn the proceeding. 2. Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matters relating to that rule-making proceeding, including any prior written submissions made

by those participants in that proceeding, but no participant shall be required to answer any questions. 3. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure. 4. Recording. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-3.104

30 Miss. Admin. Code Pt. 2901, R. 2.6 Declaratory Opinions

A. These rules are intended to supplement and to be read in conjunction with the provisions of the Mississippi Administrative Procedure Act (Miss Code Ann. §25- 43-2.103, et. seq.), which contains additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedure Act, the latter shall govern: 1. Any person with a substantial interest in the matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group, or other entity that is directly affected by the Board’s administration of the law within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue. 2. The Board will issue a declaratory opinion regarding the applicability to specified facts of: a. a statute administered or enforceable by the Board, or b. a rule promulgated by the Board. 3. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency. 4. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: a. lack of clarity; b. there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; c. the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; d. the facts presented in the request are not sufficient to answer the question presented; e. the request fails to contain information by these rules or the requestor failed to follow the procedure set forth in these rules; f. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statutes or rule on which a declaratory opinion is sought;

g. no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule; h. the question presented by the request concerns the legal validity of a statute or rule; i. the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct; j. clear answer is determinable; k. the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime; l. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; m. the question is currently the subject of an Attorney General’s opinion request which has been answered by an Attorney General’s opinion; n. a similar request is pending before this Board or any agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; o. where issuance of a declaratory opinion may adversely affect the interest of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; p. the question involves eligibility for a license, permit, certificate, or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate, or other approval would be determined. 5. All requests must be mailed, hand delivered, emailed or transmitted via facsimile to the Board. Requests must be printed, typewritten or legibly handwritten. The request shall clearly state that it is a request for a declaratory opinion. No oral telephone requests will be accepted. 6. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal. 7. Each request shall contain the following: a. a clear and concise statement of all facts on which the opinion is requested; b. a citation to the statute or rule at issue; c. the question(s) sought to be answered in the opinion, stated clearly; d. a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

e. the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address, and telephone number; and f. a statement to show that the person seeking the opinion has a substantial interest in the subject matter. 8. Within forty-five (45) days after receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: a. issue a declaratory opinion regarding the specific statute or rule as applied to the specific circumstances; b. decline to issue a declaratory opinion, stating the reason for its action; or c. agree to issue a declaratory opinion by a specific time but not later than ninety (90) days after receipt of the written request. The forty-five- (45-) day period shall begin on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner. 9. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error. 10. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies or other entities other than the requestor. 11. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from the requirements and shall remain confidential. 12. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any transaction or occurrence beyond that set forth by the requesting person.

Part 2901 Chapter 3. Fees.

History

• Source: Miss. Code Ann. § 25-43-2.103

30 Miss. Admin. Code Pt. 2901, R. 3.1 Licensure and Renewal

A. The following schedule of examination fees, license fee and renewal of license certificate fee is hereby established: 1. Two Hundred Dollars ($200.00) for an examination of a new applicant who is a resident of Mississippi or a previous licensee who failed to renew his license after five (5) years; or 2. Three Hundred Dollars ($300.00) for an examination of a new applicant who is a nonresident of Mississippi or a previous licensee who failed to renew his license after five (5) years; and 3. Four Hundred Dollars ($400.00) initial license fee if testing in January; Two Hundred Dollars ($200.00) initial license fee if testing in July. 4. Four Hundred Dollars ($400.00) for every licensed optometrist who desires to continue the practice of optometry. Said fee to be collected on an annual basis on or before January 1 st for application to the one- (1-) year period then beginning. 5. The Fifty Dollar ($50.00) fee, in addition to a prorated license fee, for any licensed optometrists applying for licensure through reciprocity. 6. Seven Hundred Fifty Dollars ($750.00) for Primary Eyecare Procedure certification fee. The Seven Fifty Hundred Dollars ($750.00) fee is required for all optometrists applying for PEP certification, including optometrists requesting endorsement. 7. All PEP certified optometrists will incur a fine of One Hundred Dollars ($100.00) upon failure to report outcomes data by January 7 th .

History

• Source: Miss. Code Ann. § 73-19-21

30 Miss. Admin. Code Pt. 2901, R. 3.2 Failure to Renew and Retired Optometrist Renewal

A. In the case of failure to obtain continuing education hours or to neglect to pay the renewal registration fee, the Board may revoke any license granted. However, no license or permit shall be revoked without giving sixty (60) days’ notice to the licensee. 1. The license holder shall have the right of renewal of the license on payment of the renewal fee with a penalty of not more than Fifteen Dollars ($15.00) and completion of continuing education requirements. 2. An individual who, in good faith, completes the request for retirement from active practice may do so prior to the expiration of their license. Retirement status for a period not to exceed five (5) years shall not deprive the holder of the license or of the right to return to active practice on payment of all lapsed fees and meeting any applicable continuing education requirements. B. The Board, in cases of documented illness, disability or military assignment, may on a case-by-case basis, as approved by the Board: 1. Waive the continuing education requirement; and/or 2. Extend the deadline to complete continuing education requirements; or

3. To be considered for a waiver of continuing education requirements, or for an extension of the deadline to complete the continuing education requirement, an optometrist must request such in writing with supporting documentation before the end of the calendar year in which the continuing education requirements were not met.

Part 2901 Chapter 4. Continuing Education.

History

• Source: Miss. Code Ann. § 73-19-21

30 Miss. Admin. Code Pt. 2901, R. 4.1 General Requirements for all Therapeutic Optometrists

A. All optometrists are required to obtain twenty (20) hours of continuing education (CE) each year for as long as they are in active practice. Ten (10) of these hours shall consist of therapeutic subject matter. Sixteen (16) hours must either be approved by the Council on Optometric Practitioner Education (COPE) or must be taken at a National, Regional, or State Conference or at a school of optometry/teaching institution. The calendar year is considered to begin January 1 st and run through December 31 st . B. The Board accepts for continuing education credit all courses sponsored by any board- accredited college or school of optometry and such other programs or courses of other organizations as are approved by the Board. The Board will consider, among other things in its discretion, the following criteria in approving courses: 1. all subjects of education must be directly related to optometry; 2. courses sponsored by or given by accredited optometry schools will be granted automatic approval; 3. courses meeting evaluation standards and receiving approval of the Association of Regulatory Boards of Optometry (ARBO) will be granted automatic approval; 4. courses sponsored by optometric organizations may be given approval; 5. courses sponsored by universities or accredited non-optometric schools may be given approval if the subject matter is directly related to optometry; 6. correspondence courses sponsored and graded by accredited optometry schools may be given approval, with a maximum of four (4) hours of continuing education credit per calendar year per licensee; 7. courses sponsored by individual providers may be approved but must supply the board with a synopsis of the lecture material to be presented, as well as resumes of the lecturers. 8. The annual continuing education program of the Mississippi Optometric Association. A detailed summary of the annual continuing education program certified by the Association’s President and/or Executive Director shall be filed with the Board prior to the meeting in which the course is offered. 9. Other meetings or seminars either within or without the State of Mississippi that may be approved in advance by the Board upon written request for approval made to the Board at least thirty (30) days prior to the meeting or seminar on forms prescribed by the Board. A copy of the program, names of speakers with qualifications, subject matter covered by each speaker and class hours to be offered by each, proof of attendance procedure and the proposed form of the signed attendance certificates procedure and the proposed form

of the signed attendance certificates to be used; and the legal name, mailing and the street address and telephone number of the sponsor of such program shall be included as part of the written request and the request application must be signed by the sponsor or a duly authorized officer of the sponsor. The Board, in approving, may limit the credit hours allowed for any meeting, seminar, or subject under this item. 10. In cases of extenuating circumstances, home study materials specified and approved by the Board. Such will be allowed only upon submission of satisfactory evidence to the Board of such circumstances and inability to otherwise acquire the required number of study hours. Credit hours to be allowed will be determined upon approval of such course of study. C. There shall be no exemption for persons over the age of sixty-five (65). The burden is upon the sponsor applicant to file sufficient supporting material to show that the course proposed contains optometric educational material of a sufficient quality and value to justify Board approval and that such material will be presented in a proper manner by qualified instructors. D. The Board shall be notified in writing by the sponsor of any variance between the course as submitted and as actually presented and shall be provided a statement as to the reason for such variance. Any material variance from the course of study and instructors as submitted and approved may result in rejection of credit for such course. E. The Board will grant one (1) hour of education credit each year for required in-person and hands-on active CPR certification and one (1) hour of education credit will be given annually for completion of a two (2) hour course pertaining to the prescribing and diversion of controlled substances. Both of these courses are mandatory for all optometrists. F. Approved courses must be available to all licensed optometrists at a fee considered reasonable and nondiscriminatory. G. Written proof of attendance and completion of approved courses must be supplied by the licensed optometrist to the Board in conjunction with the renewal application for an optometry license. Additional information such as the following may be required: sponsoring organizations; location and dates; course names; instructors; names of attendees; number of education hours completed; and any other information deemed necessary by the Board. Proof of attendance supplied by the sponsor should contain at least one (1) signature of the sponsor’s designee.

History

• Source: Miss. Code Ann. § 73-19-155

30 Miss. Admin. Code Pt. 2901, R. 4.2 General Requirements for PEP Certified Optometrists

A. PEP-certified optometrists, that are certified to perform Authorized Ophthalmic Surgical Procedures, such as YAG laser posterior capsulotomy, will be required to complete an outcomes form (provided by the Board) no later than January 7 th for the previous calendar year. B. PEP-certified optometrists must dedicate six (6) hours of their annual twenty (20) continuing education hours to the performance of primary eyecare procedures. C. An in-person and hands-on automatic external defibrillator (AED) device must be easily accessible for PEP-certified optometrists only if they are performing PEP procedures within their business(es). An in-person AED course is required.

Part 2901 Chapter 5. Complaint Procedure. Rule 5.1 Filing, Investigation and Disposition. A. The complaint procedure will be as follows: 1. Filing complaints. Complaints shall be filed on the Board’s complaint form. The Board shall adopt the following form as its official complaint form, which shall be maintained at the board’s office for use at the request of any complainant. At a minimum, all complaints shall contain information necessary for the proper processing of the complaint by the Board, including, but not limited to: a. Complainant’s name, address and phone number b. Name, address and phone number of the optometrist, therapeutic optometrist, or other person, firm or corporation, if known c. Date, time and place of occurrence of alleged violation, and d. Complete description of the incident giving rise to the complaint. 2. Complaint investigation and disposition. a. All complaints received shall be sent to the Board office. The Board shall distinguish between categories of complaints as follows: i. consumer and patient complaints against optometrists and therapeutic optometrists regarding alleged violation of the Mississippi Optometry Act or duly promulgated rules or orders. ii. alleged unauthorized practice of optometry or therapeutic optometry by unlicensed individuals or by a licensee while a suspension order or restrictive sanction by the Board is in effect. iii. licensure or reinstatement applications iv. alleged advertising violations by optometrists, therapeutic optometrists, persons, firms or corporations and v. licensee complaints regarding violations of the Act resulting in economic harm b. In the event of a dismissal the person filing the complaint and the accused optometrist shall be given written notice of the board’s determination. 3. Investigation Enforcement a. The President may appoint an investigator to consider complaints filed with the Board. b. The Executive Director shall forward the complaint to the member in charge of enforcement in the area of the complaint unless in the judgement of the President, unusual circumstances exist such that it is more appropriate that the complaint be under another member. The Board shall have the power to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, and documents to issue commissions to take depositions, to administer oaths and to take testimony concerning all matters within the assigned jurisdiction. c. On receipt of the complaint, the member shall determine: i. whether to recommend dismissal of the matter and take no further action.

ii. whether to send a letter to the person charged reciting that a complaint has been received and that while the investigating member cannot determine or pass upon the merits of the complaint without conducting further investigation that the subject of the complaint be asked to review the complaint to ensure that the Act is being complied with, and that if the allegations are true, to cease and desist from the alleged violations or words to that effect; iii. whether to conduct an informal conference or set the case for a formal hearing; iv. whether to forward to the Board the member’s determination that there is reasonable cause to believe the accused optometrist is guilty of conduct which violates the Board regulations or state laws, together with a recommendation that proceedings be instituted to consider cancellation, revocation, or suspension of a license or refusal to issue a license; v. whether to forward to the Board the member’s determination that some person, firm or corporation may be practicing optometry without a license or otherwise violating the provisions of the Act, along with the member’s recommendation that the Board notify the attorney general or appropriate district attorney with accompanying request that appropriate action be taken in accordance with law, and vi. whether to forward to the Executive Director the member’s determination of findings to subparagraph (3) for assessment of administrative penalties.

History

• Source: Miss. Code Ann. §§ 73-19-1, 73-19-9, 73-19-153, 73-19-157
• Source: Miss. Code Ann. §§ 73-19-33; 73-19-35; 73-19-37; 73-19-39

30 Miss. Admin. Code Pt. 2901, R. 5.2 Disciplinary Proceedings

A. General Statement. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, default, or dismissal. B. Informal Disposition of Contested Case. Prior to the imposition of disciplinary sanctions against a license, the licensee may be offered an opportunity to attend an informal conference and show compliance with all requirements of law. 1. Informal conferences shall be attended by an attorney employed by the Board, a Board member and other representatives of the Board as the President and legal counsel may deem necessary for the proper conduct of the conference. The licensee and/or the licensee’s authorized representative may attend the informal conference and shall be provided an opportunity to be heard. 2. In any case where charges are based upon information provided by a person (complainant) who filed a complaint with the Board, the complainant may attend the informal conference, and shall be provided with an opportunity to be heard with regard to charges based upon the information provided. Nothing herein requires a complainant to attend an informal conference.

3. Informal conferences shall not be deemed to be meetings of the Board and no formal record of the proceedings at the conferences shall be made or maintained. 4. Any proposed order shall be presented to the Board for its review. At the conclusion of its review, the Board shall approve, amend, or disapprove the proposed order. Should the Board approve the proposed order, the appropriate notation shall be made in the minutes of the Board and the proposed order shall be entered as an official action of the Board. Should the Board amend the proposed order, the Board Attorney shall contact the respondent to seek concurrence. If the respondent does not concur, the provisions of the next sentence shall apply. Should the Board disapprove the proposed order, the case shall be rescheduled for purposes of reaching an agreed order. C. Formal Disposition of a Contested Case. All contested cases not resolved by informal conference shall be referred for Hearing. 1. Notice. The respondent shall be entitled to reasonable notice of not less than twenty (20) days. Notice shall include: a. a statement of the time and place of the hearing; b. a statement of the offense or offenses for which the licensee is charged; c. a copy of the complaint 2. Service of notice. The notice of hearing and a copy of the formal complaint shall be served by mailing a copy thereof by Certified Mail, postage prepaid to the respondent’s last known residence or business address at least twenty (20) days prior to the hearing. Service on the respondent shall be complete and effective if the document to be served is sent by Registered Mail or Certified Mail to the respondent at the address shown on the respondent’s annual renewal certificate. 3. Filing of documents. All pleadings and motions relating to any contested case pending before the Board shall be filed at the Board office and shall be deemed filed only when actually received. Copies of all pleadings and motions shall be served on board counsel. 4. Motion for Continuance. Continuances may be granted by the board President. 5. Transcription. The Board, in its discretion, may assess any part or all of the cost of any disciplinary proceedings, including transcription, against one or more parties. D. An individual may appeal the decision of the Board to the Chancery Court of the county of residence of the licensee. The appeal shall be taken within thirty (30) days after notice of action of the Board. See § 73-19-45.

History

• Source: Miss. Code Ann. §§ 73-19-9; 73-19-41; 73-19-45

30 Miss. Admin. Code Pt. 2901, R. 5.3 Probation

A. The Board shall have the right and may upon majority vote rule that an order denying an application for license or any order canceling, suspending, or revoking any license be probated so long as the probated practitioner conforms to such orders and rules as the Board may set out in the terms of the probation. The Board, at the time of its decision to probate the practitioner, shall set out the period of time which shall constitute the probationary period; provided, however, that the Board may at any time while the

practitioner remains on probation upon majority vote rescind the probation and enforce the board’s original action denying, suspending, or revoking such license for violation of the terms of the probation or for other good cause as the Board in its discretion may determine. B. The Executive Director shall maintain a chronological and alphabetical listing of licensees who have had their license canceled, suspended, or revoked, and shall monitor each consent order in respect to each license holder’s specific sanction. Any noncompliance observed as a result of monitoring shall be referred to the Board.

History

• Source: Miss. Code Ann. §73-19-43

30 Miss. Admin. Code Pt. 2901, R. 5.4 Reinstatement

A. Any practitioner whose license to practice has been suspended, revoked, or restricted may apply to the Board within a year unless an order from the Board says otherwise. In considering the reinstatement, the Board shall consider all factors it deems relevant, including, but not limited to, payment of applicable fees, proof of rehabilitation, and current passing scores on the Mississippi Rules and Regulations/Law examination. The applicant must appear before the Board to apply for reinstatement. After consideration of the proposal for decision, the Board in its discretion may: 1. deny reinstatement of a lapsed, revoked, or suspended license; 2. reinstate a revoked or suspended license and probate the practitioner for a specified period of time under specified conditions; 3. authorize reinstatement of the lapsed, revoked, or suspended license.

History

• Source: Miss Code Ann.§ 73-19-43

30 Miss. Admin. Code Pt. 2901, R. 5.5 Administrative Fines and Penalties

A. In accordance with Section 73-19-43 of the Act, penalties may be assessed for violations of the Act or rule or order of the board. B. The amount of the penalty shall include, but not be limited to: 1. the seriousness of the violation, including nature, circumstances, extent and gravity of any prohibited act, and hazard or potential hazard created to the health, safety, or economic welfare of the public; 2. the economic harm to property or the environment caused by the violation; 3. the history of previous violations; 4. the amount necessary to deter future violations; 5. efforts to correct the violation; and 6. any other matter that justice may require. C. Penalties imposed by the Board pursuant to subsections (a) and (b) of this section may be imposed for each violation subject to the following limitations: 1. imposition of an administrative penalty not to exceed the limits set forth in Section 73-19-43 of the Act. 2. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

D. Performance of any primary eye care procedures of administration without certification or credential may be grounds for license suspension or revocation. All primary eyecare procedures or administration will be performed within the floor plan and include a previously established doctor-patient relationship or the inclusion of such unless under emergency circumstances.

Rule 6.1 Contact Lens Prescriptions. A. In accordance with FTC rules: 1. No person, other than persons licensed or regulated by Section 73-19-61 shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in the state through the mail or any other means other than direct in-person delivery, to such ultimate user by such person after having personally ascertained by reliable means the identity of the deliverer. 2. The written contact lens prescription of a licensed optometrist is the same as mentioned in Section 73-19-61 of the Act shall include the name of the patient, the date the prescription is written, and the expiration date of the prescription written in letter form. The foregoing information is necessary to assist any party filling the prescription in identifying the party for whom the prescription has been written and to ensure the prescription is current. 3. In addition, the optometrist or therapeutic optometrist shall perform and record keratometry testing. 4. At a minimum, during the initial examination of the patient, the optometrist or therapeutic optometrist must schedule one (1) follow-up visit for examination within thirty (30) days of the contact lens fitting and must inform the patient on the initial visit regarding the requirement of follow-up care. 5. The optometrist or therapeutic optometrist must observe proper hygiene in the handling and dispensing of contact lenses and in the conduct of the examination. Proper hygiene includes sanitary office conditions, running water in the office where contract lenses are dispensed, and proper sterilization of diagnostic lenses and instruments. 6. In order to fill contact lens prescriptions, the original current prescription or a copy of the current original prescription signed by the licensed practitioner is required in hard copy form. 7. A contact lens prescription is valid for one (1) year. The practicing optometrist is required to release the contact lens prescription whether the patient asks for it or not. The optometrist cannot require the patient to purchase contact lenses. The patient must sign acknowledgement of receipt of the contact lens prescription. 8. The prescribing doctor or the entity filling the prescription is required to arrange for appropriate follow-up care within thirty (30) calendar days. 9. The written prescription for hard contact lenses may include in addition to the foregoing, the following:

a. Base curve b. Sphere power with cylinder and axis, as necessary c. Diameter d. Optical zone size e. Secondary curve-radius and width f. Lens size g. Material to be used h. Degree of blend (light, medium, heavy) i. Center thickness j. Color 10. The written prescription for soft contact lens may include the following: a. Base curve b. Sphere power with cylinder and axis, as necessary c. Manufacturer’s name or Brand d. The prescribing doctor or the entity filling the prescription is responsible for arranging appropriate follow-up care and any other information needed to adequately fill the prescription. e. Diameter, when appropriate

History

• Source: Miss. Code Ann. §§ 73-19-23 & 73-19-43(c) Part 2901 Chapter 6. Requirements for Prescriptions.
• Source: Miss. Code Ann. § 73-19-61

30 Miss. Admin. Code Pt. 2901, R. 6.2 Spectacle Prescriptions A

In accordance with FTC rules: 1. The written spectacle prescription of a licensed optometrist shall include the name of the patient, the date the prescription is written, and the expiration date of the prescription. 2. Spectacle prescriptions are defined as follows: a. sphere power b. cylinder and axis power, if necessary c. prism and base amount, if necessary d. bifocal power, if necessary 3. A spectacle prescription is valid for no more than two (2) years. 4. If a practicing optometrist fits for glasses, the optometrist must give the patient a copy of their written prescription whether they ask for it or not. The practicing optometrist cannot require the patient to pay an extra fee or purchase eyeglasses.

Rule 7.1 Delegation Prohibited. A. No optometrist shall delegate authority to a lay person to perform any act requiring the exercise of professional knowledge and judgment on any patient whose visual welfare is the responsibility of the licensed optometrist. B. Non-licensed supportive personnel may not delegate diagnosis or treatment duties under any circumstances. C. To ensure patient confidentiality of examination records, a non-employee shall not be allowed to perform any task or function which would require or give them access to

patient records or examination reports of any person without prior written authorization of that patient. (This provision shall not be applicable to restrict access to patient records of staff members who are paid through employee leasing plans.) D. The licensed practitioner shall be responsible for all delegated acts performed by persons under the direct and general supervision of the practitioner.

Part 2901 Chapter 8. Professional Responsibility.

History

• Source: Miss Code Ann. §§ 73-19-9 & 73-19-29 Part 2901 Chapter 7. Delegation of Professional Responsibility to Laymen Prohibited.
• Source: Miss Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 8.1 Optometrists Shall Remain Free of Control

The provisions of this section are adopted in order to protect the public in the practice of optometry or therapeutic optometry, better enable members of the public to fix professional responsibility and further safeguard the doctor-patient relationship. No optometrist or therapeutic optometrist shall divide, share, split, or allocate, either directly or indirectly, any fee for optometric or therapeutic optometric services or materials with any lay person, firm or corporation, provided that this rule shall not be interpreted to prevent an optometrist or therapeutic optometrist from paying an employee in the regular course of employment, and provided further, that it shall be construed as a violation of this rule for any optometrist or therapeutic optometrist to lease space from an establishment, or to pay for franchise fees or other services, on a percentage or gross receipts basis.

History

• Source: Miss. Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 8.2 Lease of Premises from Mercantile Establishment

A. In order to safeguard the visual welfare of the public and the doctor-patient relationship, fix professional responsibility, establish standards of professional surroundings, more nearly secure to the patient the optometrist’s or therapeutic optometrist’s undivided loyalty and service, and carry out the prohibitions of this Rule against placing an optometric or therapeutic optometric license in the service or at the disposal of unlicensed persons no optometrist or therapeutically certified optometrist shall conduct the profession in a room or part of a room in or on the premises where commercial or mercantile establishment is the primary business being conducted. B. The practice must be owned by a Mississippi-licensed optometrist or therapeutic optometrist. Every phase of the practice and the leased premises shall be under the exclusive control of a Mississippi-licensed optometrist or therapeutic optometrist. C. The prescription files and all business records of the practice shall be the sole property of the optometrist or therapeutic optometrist and free from involvement with the mercantile establishment or any unlicensed person. D. The lease space shall be definite and apart from the space occupied by other occupants of the premises. It shall be separated from space used by other occupants of the premises by solid, opaque partitions or walls from floor to ceiling. Railings, curtains, doors (locked or unlocked), and other similar arrangements are not sufficient to comply with this requirement.

E. The lease space shall have a patient’s entrance opening on a public street, hall, lobby, corridor, or other public thoroughfare. The aisle of a mercantile establishment does not comply with this requirement. F. No phase of the optometrist’s or therapeutic optometrist’s practice shall be conducted as a department or concession of the mercantile establishment; and there shall be no legends or signs such as “Optical Department,” “Optometrical Department,” or others of similar import, displayed on any part of the premises or in any advertising. G. The optometrist or therapeutic optometrist shall not permit his name or his practice to be directly or indirectly used in connection with the mercantile establishment in any advertising, displays, signs, or in any other manner. H. All credit accounts for patients shall be established with the optometrist or therapeutic optometrist and not the credit department of the mercantile establishment. However, nothing in this subsection prevents the optometrist or therapeutic optometrist from thereafter selling, transferring, or assigning any such account.

History

• Source: Miss. Code Ann. §§ 73-19-3 & 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.3 Relationships of Optometrists and PEP Certified Optometrists with Dispensing Opticians

A. The purpose of this section is to ensure that the practices of optometry and therapeutic optometry shall be carried out in such a manner that they are completely and totally separated from the business of any dispensing optician, with no control of one by the other and no solicitation for one by the other, except as hereinafter set forth. B. If an optometrist or therapeutic optometrist occupies space for the practice of optometry or therapeutic optometry in a building or premises in which any person, firm, or corporation engages in the business of a dispensing optician, the space occupied by the optometrist or therapeutic optometrist shall be separated from the space occupied by the dispensing optician by solid partitions or walls from floor to ceiling. The space occupied by the optometrist or therapeutic optometrist shall have a patient’s entrance opening on a public street, hall, lobby, corridor, or other public thoroughfare. C. An optometrist or therapeutic optometrist may engage in the business of a dispensing optician, own stock in a corporation engaged in the business of a dispensing optician, or be a partner in a firm engaged in the business of a dispensing optician, but the books, records, and accounts of the firm or corporation must be kept separate and distinct from the books, records, and accounts of the practice of the optometrist or therapeutic optometrist. D. An optometrist shall not allow a person, firm, or corporation engaged in the business of a dispensing optician, other than a licensed optometrist, therapeutic optometrist, or physician, to have, own, or acquire any interest in the practice, books, records, files, equipment, or materials of a licensed optometrist or therapeutic optometrist, or have, own, or acquire any interest in the premises or space occupied by a licensed optometrist or therapeutic optometrist for the practice of optometry or therapeutic optometry other than a lease for a specific term without retention of the present right of occupancy on the part of the dispensing optician. In the event an optometrist, therapeutic optometrist, or physician who is also engaged in the business of a dispensing optician (whether as an individual, firm, or corporation) does own an interest in the practice, books, records,

files, equipment or materials of another licensed optometrist or therapeutic optometrist, a completely separate set of books, records, files, and accounts in connection therewith shall be maintained. Provided however, this shall not require an optometrist practicing under their own name and dispensing, repairing or duplicating lenses or frames in their own office as a part of their practice to maintain separate records.

History

• Source: Miss. Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 8.4 Ownership of Records

A. No optometrist shall permit ownership of prescription files, patient records, and business records, by any individual or entity other than said optometrist with the exception set forth on § 73-19-103. B. A patient may, upon written request, obtain a report of the patient’s optometric records, or may have a copy of it forwarded to the treating optometrist or physician.

History

• Source: Miss Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 8.5 Other Provisions

A. No optometrist shall enter into an arrangement: 1. allowing, permitting, encouraging, forbearing, or condoning any advertisement, including those placed in a newspaper, magazine, brochure, flier, telephone directory, or on television or radio, which implies or suggests that the licensed practitioner is professionally associated or affiliated with an entity which itself is not a licensed practitioner; 2. occupying or otherwise using professional office space in any manner which does not clearly and sufficiently indicate to the public that their practice of optometry is independent of and not associated or affiliated with an entity which itself is not a licensed practitioner; 3. using or employing office staff in any manner that implies or suggests that the licensed practitioner is professionally associated or affiliated with an entity which itself is not a licensed practitioner; 4. failing to have a telephone listing and number that is separate and distinct from that of an entity which itself is not a licensed practitioner; 5. answering the telephone, or allowing the telephone to be answered, in a manner that does not clearly and distinctly identify an independent optometric practice, or in a manner that implies or suggests that the licensed practitioner is professionally associated or affiliated with an entity which itself is not a licensed practitioner; 6. accepting reduced rent or lease payments based upon the number of patients examined or treated or based upon the number of prescriptions written; 7. agreeing to any arrangement for the furnishing of equipment, supplies, or office staff that in any way impairs, limits, or restricts the licensed practitioner’s full and independent professional judgement and responsibility; 8. failing to maintain full and independent control and discretion over fees charged to patients for optometric services and materials, including billing methods, except in the case of an association, partnership, or employment relationship which is permitted under the rules.

9. Accepting a commission for the writing or filling of any optometric prescription. 10. Nothing in these rules shall prevent a licensed practitioner from: a. associating with a multidisciplinary group of licensed healthcare professionals, the primary objective of which is the diagnosis and treatment of the human body b. being a contract provider, practitioner for a state/federal government or institution of higher learning; c. practicing optometry in a hospital or hospital affiliate; d. practicing optometry in a licensed ambulatory surgical treatment center owned in full or in part by a Mississippi licensed ophthalmologist; and e. practicing optometry in a public health entity. Note: In utilizing this rule, practitioners must adhere to all provisions contained in Chapter 8.

History

• Source: Miss. Code Ann. §§ 73-19-1; 73-19-3; 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.6 Confidentiality

A. Confidential Information; Disclosure. 1. An optometrist shall keep in confidence whatever they may learn about a patient in the discharge of their professional duties. All reports and records relating to the patient, including those records relating to the identity, examination, and treatment of the patient, shall constitute “patient records.” Except upon written authorization of the patient or as otherwise provided by law, such records may not be furnished to and the condition of the patient may not be discussed with any person other than the patient or his legal representative or other health care providers who are involved in the diagnosis and treatment of that patient. Provided, however, that this shall not prohibit an optometrist from providing copies of a patient’s prescription. 2. It is the responsibility of an optometrist to ensure that their employees, as well as any personnel who are not their employees but who are performing assigned ministerial duties, tasks, and functions, do not violate the confidentiality of patient records. B. Responsibility to patient. 1. An optometrist shall have an established procedure appropriate for the provision of eye care to their patients in the event of an emergency outside of normal professional hours, and when the optometrist is not personally available. 2. An optometrist shall give notice to the patient when they relocate their practice or withdraws their services so that the patient may make other arrangements for their eye care. Notice to the patient shall specifically identify the new location of the optometrist’s practice or the location at which the patient may obtain their patient records. C. Patient Records; Transfer or Death of Optometrist. 1. An optometrist shall maintain full and independent responsibility and control over all records relating to their patients and their optometric practice. All such records shall remain confidential except as otherwise provided by law

and shall be maintained by the optometrist in compliance with Section (a) above. For the purposes of this rule, “maintain full and independent responsibility and control” means that the records shall be maintained in the optometrist’s office or solely in the possession of the optometrist, and that the optometrist shall not share, delegate, or relinquish either possession of the records or their responsibility or control over those records with or to any entity which is not itself an optometrist. 2. The records relating to the patients of a multi-disciplinary group of optometrist professionals or relating to the patients of a partnership or professional association, may be maintained by the group practice, partnership, or professional association on behalf of all optometrists employed by the group practice, partnership, or professional association. 3. For the purposes of this rule, “entity which itself is not an optometrist” shall refer to any corporation, lay body, organization, individual, or commercial or mercantile establishment which is not an optometrist, or which is not comprised solely of licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body. 4. For the purpose of this rule, “commercial or mercantile establishment” shall include an establishment in which the practice of opticianry is conducted, and an establishment in which optical goods are sold. 5. An optometrist shall keep patient records for a period of at least two (2) years. Upon the discontinuance of their practice, the optometrist shall either transfer all patient records which are less than two (2) years old to an eye care practitioner where they may be obtained by patients, or they shall keep them in their possession and make them available to be obtained by patients. 6. An optometrist who retires or otherwise discontinues their practice shall cause to be published in the newspaper of greatest general circulation in each county where the optometrist practiced, a notice indicating to their patients that the optometrist’s patient records are available from a specified optometrist at a certain location. The notice shall be published once each week for four (4) consecutive weeks. A copy of the published notice shall be delivered to the Board office for filing. 7. Optometrists shall arrange to have their executor, administrator, personal representative or survivor arrange to retain or transfer to another licensed eye care practitioner the records concerning any patient of the deceased optometrist within ninety (90) days from the date of death of the optometrist. D. The executor, administrator, personal representative or survivor or licensed eyecare practitioner acting as transferee shall arrange within ninety (90) days from the death of the optometrist to cause to be published in the newspaper of greatest general circulation in each county where the optometrist practiced, a notice indicating to the patients of the deceased optometrist the location at which whose patients may obtain their patient records. The notice shall be published once each week for four (4) consecutive weeks. A copy of the published notice shall be delivered to the Board office for filing.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.7 Standards for Doctor/Patient Relationship Established, Duty to Report Lawsuits and Claims to the Board

Every optometrist will refrain from any exaggeration of the patient’s visual disturbances. Any optometrist presented with a claim against them involving their professional services, by letter or lawsuit, shall the same day as received report the same in writing to the Executive Director of the State Board of Optometry, together with copies of any such demand.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.8 Specific Guarantee Prohibited

No deceptive, false or misleading guarantee or claim of curative results or professional abilities shall be made by any optometrist related to his professional services or any ophthalmic material.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.9 Proper Use of the Title Doctor and O.D

Degree Designation. A. No registered optometrist when using the doctor title shall qualify it in any other way than by the use of the “Optometrist,” “Therapeutic Optometrist,” “PEP Certified Optometrist.” The optometrist may, however, when not using the prefix, use after their name the “O.D.” degree designation. 1. In the event of the death or retirement of an optometrist who was practicing optometry in a partnership, or with a professional corporation or professional association, the surviving members of the professional corporation or association, may, with the written permission of the retiring optometrist, or the deceased optometrist’s legal representative, continue to use the name of the deceased or retired optometrist. 2. The fact that such optometrist is retired or deceased shall clearly be displayed in such manner that such facts will be clearly visible to the public prior to entry of the optometrist’s office or reception area. By way of example, an appropriate professional identifying sign might be as follows: SMITH, JONES & BROWN, INC. – OPTOMETRISTS Jim Smith, O.D. (1912-1981) Jim Jones, O.D., Retired Paul Brown, O.D.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.10 Restriction on Commissions and Secret Divisions of Fee to Secure Patients

No optometrist shall give or receive a commission or make a secret division of fees, by whatever permit may be called, or under guise or any pretext whatsoever from any unlicensed optometrist, person, firm or corporation to secure optometric patients.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.11 Signs on Office Doors, Windows and Buildings

The name of each optometrist practicing at each main or branch office shall be clearly posted in public view on or near each entrance used by the public or in each public waiting facility of such location.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.12 Incorporating Under Professional Corporation Laws

An optometrist may incorporate under current Mississippi Professional Corporation Laws. Any optometrist so incorporated or employed by a Professional Corporation shall abide by all of the optometry laws and the rules, regulations and orders of the Mississippi State Board of Optometry.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.13 Dissemination of Optometric Consumer Information, Standards, Restrictions and Required Disclosures

A. No optometrist shall by any means or method disseminate to their patients or the public information that is false, fraudulent, deceptive, misleading, or unfair; or information which contains any unverifiable statement or claim relating to the quality of the optometric services to be delivered or which contains any other claim which cannot be verified. Dissemination of optometric information offering delivery of professional services or ophthalmic materials of any kind, delivery of which generally requires additional professional services or other services, must state whether the offer includes such additional or other services. B. A copy of each public dissemination of information shall be retained in the office of the dissemination optometrist for a period of eighteen (18) months following the date of the last dissemination. During such period, a record of the date and manner of dissemination shall also be maintained. The copy and related information concerning dissemination shall be furnished, within seven (7) days of a written request, to the State Board of its designated agent.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.14 Effect of Failure to Follow Established Rules and Laws Related to Practice of Optometry

Any optometrist who willfully violates the Optometry Law of Mississippi, any of the rules and regulations of the State Board of Optometry, or other lawfully adopted laws or regulations related to the practice of optometry, shall upon the filing of charges and after hearing before the Board be subject to having his license revoked or suspended. Such violations are deemed to be unprofessional and unethical conduct. The establishment by these rules of certain acts as being unprofessional and/or unethical shall not limit the right and power of the Board to determine what other acts or omissions on the part of a licensee may constitute unprofessional and/or unethical conduct.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 8.15 Notice of Address and Telephone Number Changes Required to be Given to the State Board

Any person licensed to practice optometry in this State shall, and at least fourteen (14) days prior to the change, send written notice to the Board of any change in telephone number, business street address, and/or mailing address for any office (including branch offices) in which they practice and the effective date of such change. Floor plans must be provided upon request for validation of compliance with the rules of the Board.

History

• Source: Miss. Code Ann. § 73-19-9 Part 2901 Chapter 9. Standards.

30 Miss. Admin. Code Pt. 2901, R. 9.1 Adequate Examination

A. In order to ensure an adequate examination in the initial examination of the patient, the optometrist or therapeutic optometrist shall make and record, if possible, the following findings of the condition of the patient: 1. case history (ocular, physical, occupational, and other pertinent information); 2. visual acuity; 3. biomicroscopy slit lamp examination (lids, cornea, sclera, etc.); 4. internal ophthalmoscopic examination (media, fundus, etc.); 5. static retinoscopy, O.D., O.S., or autorefrector; 6. subjective findings, far point and near point; 7. assessment of binocular function; 8. amplitude or range of accommodation; 9. tonometry; 10. field of vision, to right and to left. B. In order to ensure an adequate contact lens exam, during the initial examination of the patient, the optometrist or therapeutic optometrist shall perform the following items in addition to Rule 9.1.A. 1. perform and record keratometry testing. 2. must schedule one (1) follow-up visit for examination within thirty (30) days of the contact lens fitting, and must inform the patient on the initial visit regarding the requirement of the follow-up care. 3. must observe proper hygiene in the handling and dispensing of the contact lenses and in the conduct of the examination. Proper hygiene includes sanitary office conditions, running water in the office where contact lenses are dispensed and proper sterilization of diagnostic lenses and instruments. 4. must instruct the patient in the proper care of lenses, including proper hygiene. C. Basic Competence Violations. 1. The omission of a single, essential finding shall be reason for an investigational hearing or informal conference. The following findings are essential in the initial examination of a patient: a. Biomicroscopy slit lamp examination (lids, cornea, sclera, etc.); b. Internal ophthalmoscopic examination (media, fundus, etc.; c. Subjective findings, far point and near point; d. Tonometry.

2. The omission of a total of four (4) significant findings in the initial examination of a patient shall be reason for an investigational hearing or informal conference. The following findings are significant in the initial examination of a patient: a. Case history (ocular, physical, occupational and other pertinent information); b. Visual acuity; c. Static retinoscopy, O.D., O.S., or autorefractor; d. Assessment of binocular function; e. Amplitude or range of accommodation; f. Angle of vision, to right and to left. 3. All other omissions or combination of omissions of findings shall be reason to send noncompliance letters. The absence of the optometrist’s or therapeutic optometrist’s signature on the prescription shall be considered an omission. 4. An investigational hearing or informal conference is required when a second alleged violation has occurred. Likewise, if a licensee has had a previous investigational hearing or informal conference, a subsequent complaint may result in a formal disciplinary hearing.

History

• Source: Miss. Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 9.2 Standards for Office

Each optometrist must have the equipment to practice to the current standard of care to include but not limited to the following: an Ophthalmoscope, a retinoscope; an Ophthalmometer or Keratometer and a Refractor, or a trial frame with trial case auxiliary prisms and lenses, test objects of Stereopsis and fusion charts for distance and near visual acuity, Pseudoisochromatic charts for color vision, Tangent screen or Perimeter, Tonometer and a Biomicroscope (slit lamp). Every such examination must be made in an optometric office, and in a room of such office used exclusively for the practice of optometry. Provided that if a person desiring optometric services informs an optometrist that by reason of sickness or other cause they are confined to their place of abode, said optometrist may make said examination at the place of abode of said person. Provided, further, that said optometrist must have available at said place of abode for said examination the following minimum equipment, to include but not limited to: An Ophthalmoscope, a Retinoscope, a suitable astigmatic test and a reliable trial frame and lenses adequate for determining proper diagnosis.

History

• Source: Miss. Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 9.3 Designation of Main and Branch Office Location for Board Records

Every optometrist in active practice in this State shall designate in writing on their license application or renewal form one (1) fixed location as their main office and shall identify any branch office locations then existing. A branch office is defined as any fixed location where the optometrist may practice other than their main office. Any change in office location or new opening of any office (main or branch) shall be reported in writing to the Board, including change in ownership, the starting of a practice in the same physical location where any other optometrist is already in practice. The provisions of this Rule shall apply without regard to the optometrist’s ownership interest, or lack thereof, in the office facility or the practice located where any licensed optometrist may practice under their license granted by this board.

History

• Source: Miss. Code Ann. §§ 73-19-3 & 41.1.7

30 Miss. Admin. Code Pt. 2901, R. 9.4 Registration of Main and Branch Offices

Each office shall be registered with the Mississippi State Board of Optometry. The optometrist’s license must be displayed in each office location and shall be furnished by the Board at a fee to be determined by the Board.

History

• Source: Miss. Code Ann. § 73-19-3

30 Miss. Admin. Code Pt. 2901, R. 9.5 Timely Notice to Board of Opening of Office or Branch Office, Inspection of Newly Opened Office or Branch Office

No optometrist shall open an office or branch office for the practice of optometry in this State without first providing the Board with a scale drawing of the floor plan of such proposed office showing the location of instruments and equipment and a dated certificate signed by the optometrist that the proposed office conforms to the rules of the Board related to equipment, instruments and configuration required for such office. Such certificate and floor plan shall be delivered to the Board in person or by Registered Mail no less than fourteen (14) days prior to the scheduled opening of the office. This Rule is in addition to all other rules governing establishment of an office or branch office and in no way restricts the power of the Board or its designated agent to inspect at any time to determine if the office and licensed individual conform to the rules of the Board and the laws of this State. Floor plans must be provided to the Board upon request.

The Mississippi State Board of Optometry authorizes all duly licensed optometrists to practice as defined in the Optometry Practice Act Section 73-19-1. As such, duly licensed optometrists are therefore authorized to accurately bill for services provided as outlined in the Current Procedural Terminology (CPT), Healthcare Common Procedure Coding System (HCPCS) and ICD-10-CM national coding guidelines.

History

• Source: Miss. Code Ann. § 73-19-9 Chapter 10. Current Procedural Terminology (CPT) Codes Rule 10.1 Therapeutic CPT Codes.
• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 10.2 PEP Certified CPT Codes

The Mississippi State Board of Optometry authorizes all duly licensed optometrists to practice as defined in the Optometry Practice Act Section 73-19-1. As such, duly licensed optometrists are therefore authorized to accurately bill for services provided as outlined in the Current Procedural Terminology (CPT), Healthcare Common Procedure Coding System (HCPCS) and ICD-10-CM national coding guidelines.

Part 2901 Chapter 11. Telehealth. Rule 11.1 Definition. Telehealth is the practice of medicine using electronic communication, information technology or other means between a physician in one location and a patient in another location with or without an intervening health care provider. This definition does not include the practice of optometry through postal or courier services. Telehealth means the delivery of optometric care such as diagnosis, consultation, or treatment through the use of interactive audio, video or other electronic media. Telehealth must be “real-time” consultation, and it does not include the use of audio-only telephone, e-mail or facsimile.

History

• Source: Miss. Code Ann. § 73-19-9
• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.2 Providers

A. A provider is an optometrist that currently holds an active Mississippi license. and is authorized by law to practice in another jurisdiction where the patient is physically present and must abide by the Board’s laws, rules and regulations and all current standard of care requirements applicable to onsite optometric services. B. Optometric telehealth services in Mississippi shall remain within the scope of optometric licensing laws for the State of Mississippi, and that the services will require the use of advanced telecommunications technology, other than telephone or facsimile technology. At this time, these technologies include: 1. Compressed digital interactive video, audio, or data transmission. 2. Clinical data transmission using computer imaging by way of still image capture and store and forward. 3. Other technology that facilitates access to health care services or optometric specialty expertise. C. A provider who uses telehealth in their practice shall adopt protocols to prevent fraud and abuse through the use of telehealth. A provider shall make a good faith effort to provide the patients with notification of the provider’s privacy practices before evaluation or treatment.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.3 Maintenance and Retention of Records

The licensee shall document in the file or record which services were provided by telehealth and adhere to the present record-keeping requirements.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.4 Confidentiality

A. The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the patient’s medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.

B. A provider shall comply with all other applicable state and federal laws, rules and regulations.

History

• Source: Miss. Code Ann. §73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.5 Patient Identity and Communication

A. The optometrist using telehealth to deliver optometric services or who practices tele- optometric treatment, upon initial contact with the patient shall: 1. Verify the identity of the patient prior to each encounter; 2. Obtain alternative means of contacting the patient; 3. Arrange for the patient to have alternative means of contacting the optometrist. 4. Provide contact methods of alternative communication the optometrist shall use for emergency purposes; 5. Use personal identifying information only in secure communications; and 6. Obtain written, informed consent from the patient or other appropriate person with authority to make optometric/ health care treatment decisions for the patient before services are provided through telehealth.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.6 Patient Relationships

A. The use of eye and vision telehealth services is not appropriate for establishing the doctor-patient relationship, for an initial diagnosis, as a replacement for recommended face-to-face interactions. It is therefore mandated that the doctor-patient relationship begin with an initial face-to-face encounter. B. The standard of care must remain the same regardless of whether eye and vision telehealth services are provided in-person, remotely, via telehealth, or through any combination thereof. Doctors of optometry may not waive this obligation or require patients to waive their right to receive the established standard of care in the state of Mississippi. C. Eye and vision telehealth services cannot, based on current technologies and uses, replace an in-person comprehensive eye examination provided by an eye doctor. Eye and vision telehealth services provided must be consistent with and in compliance with existing rules and regulations of practice established in the State of Mississippi. In order to protect and ensure patient safety, the Board recommends the use of only technology approved by the Food and Drug Administration, designed specifically for use in optometric care. D. During telehealth encounters the patient must be in the presence of an onsite health provider. E. An Established Treatment Site or distant site Mississippi licensed health care provider means a person licensed to provide health care to patients in Mississippi. F. During telehealth encounters a Mississippi licensed optometrist must be present either onsite or distant site or both.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.7 Established Treatment Site

A location where a patient shall present to seek optometric care where there is an optometrist present and sufficient technology and equipment to allow for an adequate physical evaluation as appropriate for the patient’s presenting complaint. The term requires an optometrist-patient relationship. A patient’s private home is not considered an established treatment site.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 11.8 Distant Site Provider

A. The provider providing the telehealth service from a site other than the patient’s current location. The distant site provider shall hold an active Mississippi license. B. Limitations of telehealth. A provider who uses telehealth services, before providing services, shall give each patient notice regarding telehealth services, including the risks and benefits of being treated via telehealth, and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. C. Necessity of in-person evaluation. When, for whatever reason, the telehealth modality in use for a particular patient encounter is unable to provide all pertinent clinical information that a healthcare provider exercising ordinary skill and care would deem reasonably necessary for the practice of optometry at an acceptable level of safety and quality in the context of that particular encounter, then the distant site provider shall make this known to the patient and advise and counsel the patient regarding the need for the patient to obtain an additional in- person evaluation reasonably able to meet the patient’s needs.

The rules are to implement the Mississippi Medical Cannabis Act, Mississippi Legislature Regular Session 2022 (the “Act”). These rules shall apply to all licensees who are registered as certifying practitioners; or who are applying, or reapplying, to register as certifying practitioners. Nothing in these rules shall be construed to require any licensee to issue any written certification pursuant to the Act.

History

• Source: Miss. Code Ann. §73-19-9 Part 2901 Chapter 12 Cannabis Certification Rule 12.1 Scope for Part 2901, Chapter 12.
• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.2 Definitions

A. For the purposes of Part 2901, Chapter 12, the following terms have the meanings indicated: 1. “Bona-fide practitioner-patient relationship” means: a. A certifying practitioner and patient have a treatment or consulting relationship, during the course of which the certifying practitioner, within their scope of practice, has completed an in-person assessment of the patient’s medical history and current mental health and medical condition and has documented their certification in the patient’s medical records;

b. The certifying practitioner has consulted in person with the patient with respect to the patient’s debilitating medical condition; and c. The certifying practitioner is available to or offers to provide follow-up care and treatment to the patient. 2. “Cannabis” means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived drug products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act. 3. “Certifying practitioner” means any optometrist who is licensed to prescribe under the licensing requirements set forth in the Administrative Code and the laws of this state, who maintains a current and unrestricted Mississippi optometry license, has satisfied all continuing education requirements, and who has registered with both the Mississippi State Board of Optometry and the Mississippi State Department of Health to certify patients as qualifying patients 4. “Chronic pain” means a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by the certifying practitioner. 5. “Debilitating medical condition” means: a. Cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions; b. A chronic, terminal or debilitating disease or medical diagnosis, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristics of multiple sclerosis; or c. Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in the act which shall be rational to the State Board of Optometry practice. 6. "Medical use" includes the acquisition, administration, cultivation, processing, delivery, harvest, possession, preparation, transfer, transportation or use of medical cannabis or equipment relating to the administration of medical cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term "medical use" does not include:

d. The cultivation of cannabis unless the cultivation is done by a cannabis cultivation facility; or e. the extraction of resin from cannabis by mechanical or chemical extraction unless the extraction is done by a cannabis processing facility. 7. “Qualifying Condition” means any condition as described in this chapter in Rule 12.2.A.5 8. “Qualifying Patient” means a person who has been diagnosed by a certifying practitioner as having a debilitating medical condition and has been issued a written certification, or who is eligible to receive such certification, under the Act. 9. “Scope of Practice” means the defined parameters of various duties, services or activities that may be provided or performed by a certifying practitioner under state law Miss. Code Ann. § 73-19-1 and the rules and regulations adopted by the Board. 10. “Written Certification” means a form approved by the Mississippi State Department of Health, signed and dated by a certifying practitioner, certifying that a person has a debilitating medical condition, and that includes the following: f. The date of issue and the effective date of the recommendation; g. The patient's name, date of birth and address; h. The practitioner's name, address, and federal Drug Enforcement Agency number; and i. The practitioner's signature.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.3 Registration and Certification

A. Registration. Certifying practitioners must register with the Board within thirty (30) days of receiving the unique identifier as assigned by the Mississippi Department of Health. B. General Certification. Certifying practitioners must be authorized and registered with both the Board and the Mississippi State Department of Health to certify patients to obtain cannabis for medical use. 1. A practitioner shall not issue a written certification unless a. a bona fide certifying practitioner-patient relationship exists; b. the certifying practitioner has diagnosed the patient as having a qualifying condition after an in-person evaluation, including any necessary and appropriate diagnostic testing; and c. the certifying practitioner believes, in their professional opinion, that the patient would likely receive medical or palliative benefit from the medical use of cannabis to treat or alleviate the patient's qualifying condition or symptoms associated with that condition. 2. A certifying practitioner shall conduct the evaluation, diagnosis, and certification processes in a manner consistent with all professional and medical standards of care, and document all information related to those processes in the patient’s records. 3. The diagnosis of a debilitating condition must be documented in a written certification that shall

a. Affirm that it is made in the course of a bona fide practitioner-patient relationship; b. Remain current for twelve (12) months, unless the certifying practitioner specifies a shorter period of time; c. Be issued only after an in-person assessment of the patient by the certifying practitioner; d. Only be issued on behalf of an adult, eighteen (18) years of age or older; and e. Be limited to the allowable amount of cannabis in a thirty- (30-) day period. C. Treatment Plan. Prior to certifying a patient, certifying practitioners must document a written treatment plan that includes: 1. Review of other measures attempted to ease the suffering caused by the qualifying condition that do not involve the recommendation of cannabis. 2. Advice about other options for managing the qualifying condition. 3. Determination that the patient may benefit from cannabis. 4. Stated goals that include the reduction of, and optimally the elimination of, controlled substances used to treat the qualifying condition. 5. Advice about the potential risks of the medical use of cannabis, to include: a. The risk of cannabis use disorder; b. Exacerbation of psychotic disorders and adverse cognitive effects; c. Adverse events, including falls or fractures; d. Use of cannabis during pregnancy or breastfeeding; e. The need to safeguard all cannabis and cannabis-infused products from children and pets; and f. Notification to the patient that the cannabis is for the patient’s use only and the cannabis should not be donated or otherwise supplied to another individual (i.e., diverted). 6. Additional diagnostic evaluations or other planned treatments. 7. A specific duration for the cannabis authorization for a period no longer than twelve (12) months. 8. Patients with a history of substance use disorder or a co-occurring mental health disorder may require specialized assessment and treatment. The certifying practitioner should seek consultation with, or refer the patient to, a pain management, psychiatric, addiction, or mental health specialist as needed. 9. After a certifying practitioner has issued a written certification for a patient, the Act requires the patient to make a follow-up visit with the practitioner not less than six (6) months after the date of issuance of the certification, for the practitioner to evaluate and determine the effectiveness of the patient's medical use of medical cannabis to treat or alleviate the patient's qualifying condition or symptoms associated with that condition. Should the patient fail to attend a follow-up visit as required, the certifying practitioner may not recertify said patient until an in-person follow-up visit is conducted. D. Pediatric and Young Adult Certifications. Only physicians (Medical Doctor [MD] or Doctor of Osteopathic Medicine [DO]) may issue written certifications to registered

qualifying patients who are minors (younger than eighteen (18) years of age). Optometrists are not allowed to certify any patient under the age of eighteen (18). E. Floor plans must be made available upon request.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.4 Patient Record

A. A practitioner who evaluates a patient for certification must maintain a complete medical record. 1. The record must contain a record of the examination, evaluation and treatment of the patient. 2. The record required by this rule must be maintained in the patient's medical records and said records must be available for inspection by the representatives of the Mississippi State Board of Optometry. 3. Records shall be maintained for a minimum period of seven (7) years from the date of completion or the last certification that occurred.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.5 Continuing Education (CE)

A. Practitioners applying to register with the Board as a certifying practitioner must complete continuing education hours. 1. Practitioners applying to register with the Board as a certifying practitioner for the first time must complete a minimum of eight (8) hours of CE in the area of medical cannabis before initial registration shall be approved. by the Mississippi State Department of Health and the Mississippi State Board of Optometry. 2. After the first year of registration, certifying practitioners shall complete at least five (5) hours of CE in the area of medical cannabis before a reapplication shall be approved. 3. All CE hours in the area of medical cannabis must be earned in the courses approved by the Mississippi State Board of Optometry and the Mississippi State Department of Health. CE hours obtained under this rule are in addition to the standard number of CE hours in Part 2901.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.6 Advertising

Refer to Title 15: Mississippi State Department of Health Part 22: Medical Marijuana Advertising and Marketing Chapter 1, Subchapters 1-5 Regulations for Advertisement and Marketing.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.7 Freedom of Choice and Conflicts of Interest

A. Patients are entitled to the same freedom of choice in selecting where to obtain their cannabis as they are in the choice of a certifying practitioner. The following conduct by any certifying practitioner is a direct violation of the Mississippi Medical Cannabis Act and is prohibited: 1. purposefully referring patients to a specific medical cannabis establishment or to registered designated caregiver, 2. advertising in a medical cannabis establishment, or 3. issuing written certifications while holding a financial interest in a medical cannabis establishment.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.8 Mississippi Prescription Monitoring Program (MPMP) and Urine Drug Screening

A. Certifying Practitioners who certify patients for cannabis must review the MPMP at each patient encounter involving certification, re-certification, or follow-up related to medical cannabis. 1. MPMP data reviewed shall include all information since the previous review. 2. The certifying practitioner shall note in the patient’s chart that the MPMP was reviewed and provide appropriate information regarding the findings of said review. B. Urine Drug Screening (UDS) and Other Diagnostic Tests. 1. As part of the in-person evaluation of a patient for initial certification or for recertification each year, certifying practitioners shall conduct urine drug screening (UDS) and other diagnostic tests necessary for full evaluation of the patient’s eligibility for medical cannabis. 2. In the absence of urine, other testing methods may be used. 3. Tests must include, at a minimum, assays for opioids, benzodiazepines, amphetamines, cocaine, and cannabis. Inconsistent UDS should be utilized as a tool to determine compliance with treatment.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.9 Concomitant Prescribing of Controlled Substances and Cannabis Certification

A. Concomitant Prescribing. 1. The concomitant prescribing of controlled substances after certification for cannabis is generally discouraged and should be done with caution. There is a lack of data currently on the interactions between controlled substances and cannabis. 2. When considering certification or recertification for cannabis, certifying practitioners should focus on improving their patient’s quality of life while simultaneously assessing for contraindications to the concurrent use of controlled substances and cannabis, with the goal of greatly reducing or completely eliminating other mood-altering substances when possible.

History

• Source: Miss. Code Ann. § 73-19-9

30 Miss. Admin. Code Pt. 2901, R. 12.10 Violations

Violation of any of the rules or requirements in this Part 2901, Chapter 12, or of any provision of the Mississippi Medical Cannabis Act, constitutes unprofessional conduct in violation of Miss. Code Ann. § 73-19-23 and may subject a licensee to discipline. Discipline under this Chapter and other provisions of the Administrative Code shall be in addition to any other civil, criminal, or administrative penalties available under state law.

History

• Source: Miss. Code Ann. § 73-19-9

STATE BOARD OF PHARMACY STATE BOARD OF PHARMACY

Part 3001 Mississippi Board of Pharmacy Practice Regulations

30 Miss. Admin. Code Pt. 3001, R. 24 Rule 24

."Device" shall mean an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner and dispensed by a pharmacist.

25. "Distribute" shall mean the delivery of a drug or device other than by administering or dispensing to persons other than the ultimate consumer.

26. “Drug” shall mean:

(1) articles recognized as Drugs in any official compendium, or supplement thereto, designated from time to time by the Board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

(3) articles (other than food) intended to affect the structure or any function of the body of humans or other animals; and

(4) articles intended for use as a component of any articles specified in item (1), (2), or (3) of this definition.

27. “Electronic Signature” shall mean an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

28. “Electronic Transmission” shall mean a transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment.

29. "Emergency Medication Supplies", "Boxes", "Kits" or "Carts" are those drugs which may be required to meet the immediate therapeutic needs of patients and which are not available from any other authorized source in sufficient time to prevent risk of harm to patients.

30. "Enteral" shall mean within or by way of the intestine.

31. “Embargo” shall mean to restrict prescription drugs or devices from being dispensed by placing them under seal or in a secure area.

30 Miss. Admin. Code Pt. 3001, R. 32 Rule 32

."Foreign pharmacy graduate" shall mean a person whose undergraduate pharmacy degree was conferred by a recognized school of pharmacy outside of the United States, the District of Columbia and Puerto Rico. Recognized schools of pharmacy are those colleges and universities listed in the World Health Organization's World Directory of Schools of Pharmacy, or otherwise approved by the Foreign Pharmacy Graduate Examination Committee (FPGEC) certification program as established by the National Association of Boards of Pharmacy.

33. "Generic Equivalent Drug" shall mean a drug product which contains the identical active chemical ingredient of the identical strength, quantity and dosage form and which can be expected to have the same therapeutic effect when administered to the patient under the conditions specified in the labeling.

34. “Good Moral Character” shall mean an applicant for licensure or registration has not been adjudicated guilty of any act which would provide grounds for disciplinary action by the Board as evidenced by having undergone and successfully passed a criminal background check conducted by the Board.

35. “Home Health/Hospice” shall mean a business, which does not require the services of a pharmacist and where certain prescription drugs or prescription devices as approved by the Board are bought, sold, maintained or provided to consumers.

36. “Home Infusion Pharmacy” shall mean a pharmacy which compounds solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion.

37. "In-patient" is one who receives treatment or undergoes tests as a resident of an institutional facility.

38. "Inpatient Medication" shall mean medication dispensed for a person who is a patient in the facility where the medication is dispensed.

39. "Institutional Facility" or "Organized Health Care Setting" is defined as:

(1) Hospital; (2) Convalescent Home; (3) Nursing Home; (4) Extended Care Facility; (5) Mental Institution; (6) Rehabilitation Center; (7) Psychiatric Center; (8) Developmental Disability Center; (9) Drug Abuse Treatment Center; (10) Retardation Center; (11) Correctional Facility; (12) Hospice; (13) Out-patient surgery facilities; (14) Any other such organization whose primary purpose is to provide a residential environment for patients to obtain health care services, and shall not include those places where physicians, dentists, veterinarians or other practitioners of the healing arts, who are duly license, engage in private practice.

40. "Institutional Pharmacy" is defined as that portion of an institutional facility which is engaged in the compounding, production, storage, sale, dispensing or distribution of drugs, medications, devices and other materials used in the diagnosis and treatment of injury, illness and disease, and registered with the Mississippi Board of Pharmacy and operating under a valid institutional permit issued thereby.

41. "Internal Test Assessment" means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test.

42. "IV Additive Program" is a pharmacy based program in which the addition of drugs to IV

fluids and the preparation of small volume parenterals are under the supervision of a pharmacist.

43. “Long Term Care Facility (LTCF)” shall mean any nursing home, convalescent home, extended care facility, personal care home, or inpatient hospice, which has been issued a permit by the Board but does not include a Hospital.

44. "Manufacturing" of prescription products shall mean the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances from natural origin or independently by means of chemical or biological synthesis, or from bulk chemicals and includes any packaging or repackaging of the substance(s) or labeling or relabeling of its container, if such actions are associated with promotion and marketing of such drug or devices.

45. “Non-Resident Pharmacy” means a Pharmacy located outside this State.

46. "Nuclear Pharmacy" is a pharmacy providing the services of storing, compounding, dispensing, labeling or distributing radiopharmaceuticals.

47. "Out-patient" is one who receives treatment or undergoes tests without in-patient admission to an institutional facility.

48. "Outpatient Medication" shall mean medication which is dispensed for a person who is not a patient in the facility where the medication is dispensed.

49. "Parenteral" means sterile preparations of drugs for injection through one or more layers of skin.

50. "Patient Counseling" shall mean the oral communication by a pharmacist of information to the patient or care giver to improve therapeutic outcomes by optimizing proper use of prescription drugs or devices. Alternative forms of patient information may be used to supplement verbal patient counseling when appropriate. Examples to include written information leaflets, pictogram labels, video programs, auxiliary labels on the prescription vial, etc.

51. "Patient Med-Pak" is a package prepared by a pharmacist for a specific patient comprising a series of containers or cells and containing two or more prescribed solid oral dosage forms. The med-pak is designed and labeled to indicate the day and time or period of time that the contents within each container or cell are to be taken.

52. "Person" shall mean an individual, corporation, partnership, association, or any other legal entity.

53. "Pharmaceutical Care/Pharmacist Care" is the provision of drug therapy by a pharmacist and other pharmacist care services intended to achieve outcomes which improve the patient's quality of life as it is related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.

54. "Pharmacist" shall mean an individual health care provider licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services.

55. “Pharmacist-in-Charge” shall mean a Pharmacist currently licensed in this state who accepts responsibility for the operation of a Pharmacy in conformance with all laws and rules pertinent to the Practice of Pharmacy and the Distribution of Drugs and Devices, and who is personally in full and actual charge of such Pharmacy and personnel.

56. "Pharmacy" shall mean any location for which a pharmacy permit is required and in which prescription drugs are compounded, maintained and/or dispensed for patients by a pharmacist. This definition includes any location where pharmacy related services are provided by a pharmacist.

57. “Pharmacy Extern" shall mean a student in the professional program of a school of pharmacy who is making normal progress toward completion of a degree in pharmacy.

58. “Pharmacy Intern” means an individual who is:

(1) currently licensed by this State to engage in the Practice of Pharmacy while under the personal supervision of a Pharmacist and is satisfactorily progressing toward meeting the requirements for licensure as a Pharmacist; or (2) a graduate of an approved college of Pharmacy or a graduate who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certificate, who is currently licensed by the Board of Pharmacy for the purpose of obtaining practical experience as a requirement for licensure as a Pharmacist; or (3) a qualified applicant awaiting examination for licensure.

59. "Pharmacy Technician" shall mean those supportive persons, registered with the Mississippi Board of Pharmacy, utilized in pharmacies whose responsibilities are to provide non- judgemental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist.

60. “Physician/Patient Relationship” shall mean that a practitioner has obtained a thorough medical history and has conducted an appropriate physical and/or mental examination of a patient prior to the prescribing of any medication.

61. "Practice of pharmacy" shall mean a health care service that includes, but is not limited to, the

compounding, dispensing, and labeling of drugs or devices; proper and safe storage of Drugs and Devices; interpreting and evaluating prescriptions; administering and distributing drugs and devices; maintaining prescription drug records; advising and consulting concerning therapeutic values, content, hazards and uses of drugs and devices; initiating or modifying of drug therapy in accordance with written guidelines or protocols previously established and approved by the Board; selecting drugs; participating in drug utilization reviews; storing prescription drugs and devices; ordering lab work in accordance with written guidelines or protocols as defined by Section 73-21-73, paragraph (jj), Mississippi Code of 1972, Annotated; providing pharmacotherapeutic consultations; supervising supportive personnel and such other acts, services, operations or transactions necessary or incidental to the conduct of the foregoing.

62. "Practitioner" shall mean a physician, dentist, veterinarian, or other health care provider authorized by law to diagnose and prescribe drugs.

63. “Preceptor” shall mean an individual who is currently licensed as a Pharmacist by the Board of Pharmacy and participates in the instructional training of Pharmacy externs.

64. "Prepackaging" shall mean the act of placing small precounted quantities of drug products in containers suitable for dispensing or administering in anticipation of prescriptions or orders.

65. “Prescriber” means a licensed health care professional with prescriptive authority.

66. "Prescription" shall mean a written, verbal or electronically transmitted order issued by a practitioner for a drug or device to be dispensed for a patient by a pharmacist. An electronically transmitted order for a prescription drug or controlled substance is considered to be a written order.

67. "Prescription Drug" or "Legend Drug" shall mean a drug which is required under federal law to be labeled with either of the following statements prior to being dispensed or delivered: (1) “Rx Only” or (2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian"; or a drug which is required by an applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners only.

68. "Prescription Drug Order" shall mean a prescription as defined in the pharmacy laws and regulations of the State of Mississippi.

69. “Prescription Monitoring Information” means information submitted to and maintained by the Prescription Monitoring Program. 70. “Prescription Monitoring Program (PMP)” means a program established for the purpose of monitoring the dispensing and appropriate use of certain controlled substances and specified drugs within the state.

70. “Probation” shall mean the restriction of a license, permit or registration for a specified period of time.

71. "Product Selection" shall mean the dispensing of a generic equivalent drug product in lieu of the drug product ordered by the prescriber.

72. "Prospective Drug Review" shall mean the monitoring by a pharmacist, for therapeutic appropriateness, over-utilization and under-utilization, appropriate use of generic products, therapeutic duplications, drug-disease contraindications, drug-drug interaction(s), incorrect dosage or duration of drug treatment, and clinical abuse/misuse by a pharmacist prior to the drug being dispensed.

73. "Qualified Licensed Professional" means an individual (such as a physician, nurse, or technologist) who possesses a current state license if applicable, and who has sufficient training and experience to safely handle radiopharmaceuticals as defined by the Mississippi State Department of Health, Division of Radiological Health.

74. "Qualified Nuclear Pharmacist" means a currently licensed pharmacist in the state of Mississippi who is certified by the Mississippi State Department of Health, Division of Radiological Health, or who meets the following standards: (1) Minimum standards of training for "authorized user status" of radioactive materials as defined by Mississippi State Department of Health, Division of Radiological Health. (2) Completed a minimum of two hundred (200) contact hours of instruction in nuclear pharmacy and the safe handling and the use of radioactive materials from a program approved by the Mississippi Board of Pharmacy, with emphasis in the following areas: (i) Radiation Physics and Instrumentation; (ii) Radiation Protection; (iii) Mathematics of Radioactivity; (iv) Radiation Biology; and (v) Radiopharmaceutical Chemistry. (3) Attain a minimum of five hundred (500) hours of clinical nuclear pharmacy training under the supervision of a qualified nuclear pharmacist.

75. “Quarantine” shall mean the act of isolating prescription drugs or devices for the purpose of preventing dispensing or introduction into or intermingling with other prescription drug stock or devices at a permitted location.

76. "Radiopharmaceutical" is any substance defined as a drug in Section 201(g) (1) of the Federal Food, Drug and Cosmetic Act which also contains unstable nuclei which undergo spontaneous disintegration with the emission of nuclear radiation. Radiopharmaceuticals also include any non-radioactive reagent kit or radionuclide generator which is intended to be used in the preparation of radiopharmaceutical doses.

77. "Radiopharmaceutical Service" means, but shall not be limited to the procurement, storage, handling, preparation, labeling, quality assurance testing, dispensing, delivery, record keeping, and disposal of radiopharmaceutical and other drugs.

78. "Radiopharmaceutical Quality Assurance" means, but is not limited to, the performance of appropriate chemical, biological and physical tests on potential radiopharmaceuticals and the

interpretation of the resulting data to determine their suitability for use in humans including internal test assessment, authentication of product history and the keeping of proper records.

80. "Registrant" shall mean a pharmacy or other entity which is registered with the Mississippi Board of Pharmacy to buy, sell, destroy or maintain controlled substances.

81. "Repackager" means a person registered by the Federal Food and Drug Administration as a repackager who removes a prescription drug product from its marketed container and places it into another, usually of smaller size, to be distributed to persons other than the consumer.

82. “Reprimand” shall mean the formal reproof of a licensee for violation of the Pharmacy Practice Act or Rules and Regulations of the Board.

83. "Retrospective Drug Review" shall mean the monitoring for therapeutic appropriateness, over-utilization and under-utilization, appropriate use of generic products, therapeutic duplications, drug-disease contraindications, drug-drug interaction(s), incorrect dosage or duration of drug treatment, and clinical abuse/misuse after the drug has been dispensed.

84. “Reverse Distributor” shall mean those business operations which are responsible for the receipt and appropriate disposal of un-wanted and un-needed stocks of controlled and non- controlled medications.

85. “Revocation” shall mean the withdrawal of the license to practice Pharmacy. The individual no longer has the privilege of practicing Pharmacy in this state.

86. "Sterile Pharmaceuticals" shall mean a dosage form free from living micro-organisms (aseptic).

87. “Summary Suspension” shall mean the Suspension of a license or permit which requires a licensee to cease Pharmacy Practice immediately pending the results of a timely hearing.

88. “Suspension” shall mean the withdrawal of the license to practice Pharmacy in the state for a specified period of time.

89. “Telemedicine” shall mean the practice of medicine using electronic communication, information technology or other means between a physician in one location and a patient in another location with or without an intervening health care provider. This definition does not include the practice of medicine through postal or courier services.

90. "Unit Dose Packaging" is the packaging of individual doses of medication in containers which will preserve their identity and integrity from the point of packaging to patient consumption.

91. "Unlawful" or "Unauthorized Possession" shall mean physical holding or control by a pharmacist, pharmacy technician, or other person, of a controlled substance or other habit forming prescription drug outside the usual and lawful course of employment.

92. "Valid Prescription" or "Valid Order" shall mean one issued in compliance with applicable rules and regulations of the regulatory authority by an individual licensed or authorized to prescribe a product to be used by a named and identifiable individual for a bona fide medical purpose. To be valid in Mississippi, a prescription written in another state must be written so as to comply with the requirements of the regulatory authority of that state and with the requirements of the regulatory authority of this state. A prescription which is written in code or for any other reason does not provide adequate information for the interpretation of the prescription and the safe dispensing of the drug product is not a valid prescription. The dispensing of prescription drugs or controlled substances pursuant to prescription documents which the pharmacist knows or should know were issued by a practitioner when a valid practitioner/patient relationship did not exist are not valid prescriptions. A valid practitioner/patient relationship shall mean that the practitioner has obtained a thorough medical history and has conducted an appropriate physical and/or mental examination prior to the prescribing of any medication. Prescriptions or orders issued for the dispensing of medications on an out-patient basis in the absence of a physician/patient relationship in which a practitioner has not conducted an appropriate examination of the patient and established a diagnosis are not valid prescriptions.

93. "Wholesaler" shall mean a person who buys/acquires prescription drugs or prescription devices for resale or distribution, or for repackaging for resale or distribution, to persons other than consumers.

94. "Written guideline or protocol" shall mean an agreement in which any practitioner authorized to prescribe drugs, delegates to a pharmacist authority to conduct specific prescribing functions in an institutional setting, or with individual patients, provided that a specific protocol agreement is signed on each patient and is filed as required by law or by rule or regulation of the Board.

ARTICLE I LICENSURE

A license for the practice of pharmacy shall be obtained from the Mississippi Board of Pharmacy by all persons prior to their engaging in the practice of pharmacy in this state and every pharmacist licensed in this state shall keep the Board informed as to his/her current mailing address and place of employment.

1. To obtain a license to engage in the practice of pharmacy by examination, the applicant shall: A. Have submitted a written application on the form prescribed by the Board; B. Be of good moral character as evidenced by having undergone and successfully passed a criminal background check conducted by the Board; C. Have graduated and received a degree from a school or college of pharmacy accredited by the American Council on Pharmaceutical Education or as approved by the Board; D. Have successfully passed an examination approved by the Board; E. Have submitted documented evidence of the required practical experience; F. Have paid the initial licensure fee (not to exceed two-hundred dollars ($200.00).

2. To obtain a license to engage in the practice of pharmacy by licensure transfer, the applicant

shall: A. Have submitted an application on the Official Application for Transfer of Pharmacist Licensure Form of the National Association of Boards of Pharmacy; B. Have graduated and received a degree from a school or college of pharmacy accredited by the American Council on Pharmaceutical Education or as approved by the Board; C. At the discretion of the Board, appear before the Board of Pharmacy for a personal interview; D. Have successfully passed an examination approved by the Board; E. Be of good moral character as evidenced by having undergone and successfully passed a criminal background check conducted by the Board; F. Present to the Board proof that the license(s) granted to the applicant by any other state has not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason; G. Have paid the initial licensure fee not to exceed two-hundred dollars ($200.00).

No applicant shall be eligible for license transfer unless the state in which the applicant was licensed as a Pharmacist also grants licensure transfer to Pharmacists duly licensed by examination in this State, under like circumstances and conditions.

3. To obtain a license to engage in the practice of pharmacy, a foreign pharmacy graduate applicant shall obtain the National Association of Boards of Pharmacy's Foreign Pharmacy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examination and attaining a total score of at least 550 on the Test of English as a Foreign Language (TOEFL); and A. Have submitted a written application on the form prescribed by the Board; B. Be of good moral character as evidenced by having undergone and successfully passed a criminal background check conducted by the Board; C. Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized and approved by the National Association of Boards of Pharmacy's Foreign Pharmacy Graduate Examination Committee; D. May at the discretion of the Board appear before the Board of Pharmacy and demonstrate adequate spoken English Language skills; E. Have paid all fees specified by the Board for examination; F. Have successfully passed an examination approved by the Board; G. Have completed sixteen hundred hours of extern/internship hours approved by the Board; H. Have paid the initial licensure fee, not to exceed two-hundred dollars ($200.00).

4. Pursuant to the Military Family Freedom Act: A. The Board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, if, upon application, the applicant satisfies the following conditions: (a) Has been awarded a military occupational specialty, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty of a pharmacist; or (b) Holds a current and valid pharmacist license in another state for at least one (1) year; and (c) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice pharmacy in this state at the

time the act was committed, the pharmacy board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by this Board; and (d) Did not surrender a license because of negligence or intentional misconduct related to the applicant’s work as a pharmacist in another state; and (e) Does not have a complaint, allegation or investigation pending before a pharmacy 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, this Board 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 this Board; and (f) Pays all required fees and complies with the all the procedures for licensure transfer as set forth in paragraph (2) of this Article. An applicant pursuant to section (A), subsection (a) of this paragraph shall not be required to comply with section (B) of paragraph (2) of this Article. B. The Board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, upon application based on work experience in another state, if all the following apply: (a) The applicant has worked in a state that does not use a license to regulate the practice of pharmacy; (b) The applicant has worked for at least three (3) years as a pharmacist; and (c) The applicant satisfies the provisions of subsections (c) through (f) of paragraph (4) section (A) of this Article. C. The Board shall issue or deny a license to an applicant pursuant to the Military Family Freedom Act within one hundred twenty (120) days after receiving an application. If the application requires longer than two (2) weeks to process, the Board shall issue a temporary practice license 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 the Military Family Freedom Act and pays all applicable fees as required. 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 this Board. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to pass the MPJE. D. Appeal of Board Decisions pursuant to the Military Family Freedom Act. (a) An applicant may appeal any of the following decisions of the 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 the Board without regard to any previous determination that may have been made on the question in any action before the Board. E. The 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 Military Family Freedom Act, Mississippi shall recognize pharmacist licenses

obtained from other states for military members and their families”. The Board shall prepare and place on the Board’s website an annual report detailing the number of applications submitted to the Board under the Military Family Freedom Act during a calendar year and the actions taken by the Board on the applications. F. Nothing in this Article shall be construed to prohibit a military applicant, spouse or dependent from proceeding under the existing licensure requirements established by the Board.

5. A person desiring to take the examination for licensure as a pharmacist must make application for the examination on the form prescribed by the Board. The required fee for the examination must accompany the application. The examination shall consist of the North American Pharmacist Licensure Examination (NAPLEX) and the Multi-State Pharmacy Jurisprudence Examination (MPJE). To be eligible to take the NAPLEX examination, a person shall be a graduate of a school of pharmacy which is accredited by the American Council on Pharmaceutical Education or which has been approved by the Board. A person must make a score of at least seventy-five (75) on the NAPLEX and a score of at least seventy-five (75) on the MPJE to successfully pass the examination. A person who fails the examination may repeat the examination no more than four (4) times without permission from the Board. A person who takes the examination and successfully completes the examination must become licensed within two (2) years of the examination date or the results of the examination become invalid. 6. A pharmacist that surrenders his/her license is no longer eligible to practice pharmacy without petitioning the Board to re-instate his/her license.

TITLE 30, PART 3001, ARTICLE II: PHARMACY BOARD EXAMINATION REPEALED. EFFECTIVE 07/06/2021

ARTICLE III PHARMACY EXTERN/INTERN REGISTRATION AND PRACTICAL EXPERIENCE REQUIREMENT

1. Every person enrolled in the professional curriculum of a school of pharmacy and pursuing either a Bachelor of Science in Pharmacy degree or a Doctor of Pharmacy degree must obtain an extern/intern registration from the Mississippi Board of Pharmacy prior to enrolling and participating in externship or clerkship rotations or obtaining practical experience in a pharmacy permitted by the Board. The pharmacy extern/intern shall in no manner falsely assume, directly or by inference, to be a pharmacist. To obtain an extern/intern registration, the applicant shall: A. Have submitted an application on a form prescribed by the Board; B. Be of good moral character as evidenced by having undergone and successfully passed a criminal background check conducted by the Board; C. Have a school of pharmacy that is approved by the Board provide proof of enrollment; D. Have paid fees as specified by the Board.

2. A pharmacy extern/intern registration which has been issued by the Board shall expire: A. If the extern/intern is expelled, suspended, withdraws or is dismissed from a school of pharmacy;

B. One (1) year after graduation from a school of pharmacy; C. One year after being issued by the Board if the extern/intern registration is issued to an applicant for the purpose of obtaining extern/intern hours for reinstatement of a pharmacist license;

An Extern/Intern who is expelled, suspended, dismissed or withdraws from a school of pharmacy may not register as a pharmacy technician until one (1) year from the date his/her extern/intern registration expiration, unless approved by the Board pursuant to a petition.

3. A pharmacy extern/intern may petition the Board for renewal of the registration for a period not to exceed one additional year.

4. The externship/internship practical experience required for licensure is defined as a total of sixteen hundred (1,600) hours of pharmacy experience. The sixteen hundred (1,600) hours of practical experience shall be obtained after the student is enrolled in the professional program of a school of pharmacy. Practical experience hours gained through clerkships and externships, while enrolled in a school of pharmacy whose externship rotations are approved by the Board, may be used to satisfy these requirements. In order for a pharmacy student to be considered as a valid extern in such a program, he/she must be certified by a school of pharmacy as a bona fide student making normal progress toward completion of either a Bachelor of Science or a Doctor of Pharmacy degree in pharmacy.

Any remaining practical experience required for licensure, not obtained by the extern through externship rotations, may be obtained during official vacation periods when the extern is not enrolled as a full-time student or as an intern after graduation. No more than fifty (50) hours per week of practical experience shall be credited during any of these periods.

5. All practical experience gained in Mississippi, which is related to the dispensing of drugs, must be under the direct and immediate supervision of a pharmacist registered in Mississippi and in good standing with the Mississippi Board of Pharmacy. The direct and immediate supervision by the pharmacist requires the physical presence of the supervising pharmacist at all times and includes the constant personal supervision and monitoring of the extern or intern by the supervising pharmacist. The supervising pharmacist shall be responsible for the activities of the extern or intern.

6. No practical experience obtained in this state shall be credited to an extern or intern unless such extern or intern be registered with the Mississippi Board of Pharmacy as a pharmacy extern/intern. Practical experience hours obtained in Mississippi will expire two (2) years after graduation.

7. When a Pharmacy Intern desires to obtain credit for training received in a state other than this State, he/she shall abide by all the provisions of the internship rules in that state, and shall provide evidence from that state’s Board of Pharmacy of the number of clock hours of experience actually participated in by the Pharmacy Intern. For practical experience obtained in another state and for which the Mississippi Board of Pharmacy is requested to grant credit toward the experience requirements, the applicant shall: A. Submit the affidavits certifying the work experience to the Board of Pharmacy in the state

in which the experience was obtained; and verification that these hours are currently acceptable for a license in the state where the practical experience was obtained. B. Request that Board of Pharmacy to send copies of the affidavits to the Mississippi Board of Pharmacy along with certification that the hours of experience claimed are acceptable to that Board.

Upon receipt of copies of the affidavits and the statement of their acceptance by the Board of Pharmacy in the state in which the experience was obtained, the Mississippi Board of Pharmacy may grant the same credit toward practical experience requirements.

For purposes of this Article, the term "practical experience" shall include, but not be limited to, the compounding, dispensing and labeling of drugs, interpreting and evaluating prescriptions, maintaining prescription drug records and any other activity included in the practice of pharmacy.

8. In addition to any other provisions of these regulations, the Board may impose disciplinary action upon an extern/intern for one or more of the following grounds: A. Fraud or intentional misrepresentation by an extern/intern in securing the issuance of a pharmacy extern/intern registration or failing to report to the Board any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court that would constitute grounds for action; B. Obtaining practical experience in a pharmacy permitted by the Board without the direct supervision and presence of a pharmacist licensed by the Board; C. Failure to notify the Board of expulsion, suspension, dismissal or withdrawal from a school of pharmacy; D. Violation of any university, college, or school of pharmacy policies, rules or regulations thereof. E. Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in the Practice of Pharmacy, with reasonable skill, competence, and safety to the public, is diverting or abusing controlled substances or prescription drugs and failing to report any relevant information to the Board of Pharmacy. F. The unlawful disclosure of information from the Prescription Monitoring Program or using information obtained from the Prescription Monitoring Program for unlawful or unethical purposes.

9. An Extern/Intern shall notify the Board immediately of any change of residence or change in enrollment status including delayed progression within the program.

10. An Extern/Intern that surrenders his/her registration is no longer eligible to work as an extern/intern without petitioning the Board to re-instate his/her registration.

ARTICLE IV LICENSE RENEWAL AND CONTINUING EDUCATION

Each pharmacist shall renew his/her license annually. 1. To renew his/her license, a pharmacist shall:

A. Submit an application for renewal on the form prescribed by the Board or through the online process found at the Mississippi Board of Pharmacy webpage; B. On the application, indicate and certify the number of continuing education hours earned for Licensure: i. Fifteen (15) hours of continuing education is required for each licensure period. ii. At least two (2) hours of the continuing education received each year must be related to opioid abuse and prevention or some other drug of abuse or addiction related issue. iii. At least two (2) hours of the continuing education received each year must be obtained via a live seminar. Live webcasts are valid for this requirement. iv. A pharmacist licensed by the Mississippi Board of Pharmacy must be a registered user of the Prescription Monitoring Program. C. Pay renewal fees as follows: One-hundred dollars ($100.00) for the annual licensure period January 1, 2011 through December 31, 2011, and each annual licensure period thereafter, plus a surcharge of five dollars ($5.00) to fund a program to aid impaired pharmacists and pharmacy students for a total fee of one-hundred and five dollars ($105.00). D. Any pharmacist license renewal application postmarked after December 31 of the renewal period or submitted online after 11:59 P.M. CST shall be returned or rejected and a fifty dollar ($50.00) late renewal fee shall be assessed prior to renewal. E. Any license not renewed by January 1st shall be considered invalid and the pharmacist is prohibited from providing pharmacy services until the license is renewed. 2. Any person who has not renewed or possessed a valid license to practice pharmacy in Mississippi for a current period of time exceeding two years must: A. Petition the Board for license reinstatement; B. Appear before the Board in support of said petition; C. Obtain an intern registration and work as an intern for a Board approved pharmacist and site for twenty (20) clock hours for each year that the person was without a valid license; D. Provide a record from the supervising pharmacist showing the satisfactory completion of the intern hours; E. Provide proof of fifteen (15) hours of continuing education for the current licensing period; F. Pay all license renewal fees in arrears; and G. Satisfactorily pass an examination on Pharmacy Law and Board regulations approved by the board. 3. Those persons who have been actively engaged in the practice of pharmacy pursuant to a license issued by another state, but who have not renewed the Mississippi Pharmacist License for a period of time exceeding two years must: A. Petition the Board for reinstatement; B. May appear before the Board in support of said petition, or furnish proof of a continuing valid pharmacy license in another state during the period of license lapse in Mississippi; C. Provide proof of fifteen (15) hours of continuing education for the current licensing period; and D. Pay all license renewal fees in arrears; and E. Satisfactorily pass an examination on Pharmacy Law and Board regulations approved by the Board. 4. For purposes of these regulations, all continuing education hours shall be:

A. Programs which have been approved by the Accreditation Council for Pharmacy Education (A.C.P.E.); or B. Programs which have been approved by the Mississippi Board of Pharmacy prior to presentation. 5. The continuing education required for license renewal shall be obtained in the licensure period preceding the renewal date. Evidence of continuing education shall be submitted to the Board of Pharmacy at any time on request by any agent of the Board of Pharmacy. Documentation of evidence of continuing education should indicate the name and address of the participant, date of the continuing education, the program title, the amount of continuing education credit received, and the signature of the person authorized to issue certification of continuing education credit. Documentation of continuing education credit must be received within five (5) working days of a request. Failure to submit evidence of continuing education credit may result in disciplinary action by the Board. 6. Continuing education obtained in another state may be accepted by the Mississippi Board of Pharmacy provided that it is acceptable to the Board of Pharmacy in the state where it was obtained. 7. A request for Pharmacy Board approval of a program as continuing education shall be made on a form prescribed by the Board. 8. The subject matter of the program, the objectives of the program and the qualifying credentials of the person or persons presenting the program must be sufficiently detailed in the request for Board approval so as to give the Board a sound basis for evaluating the merits of the program. 9. In approving programs for continuing education, the policy of the Board shall be that no program will be approved: A. After the program has been presented; B. If program attendance is expected or required as part of a person's employment (an example would be an in-service or training seminar); C. That is not made available to all pharmacists who wish to attend (an exception may be a program that is specifically directed to a particular group such as hospital pharmacists, retail pharmacists or consultant pharmacists). 10. Continuing education obtained by a pharmacist who is also licensed by another approved health care regulatory agency shall be acceptable to the Board provided the continuing education is approved by that respective regulatory agency. A pharmacist enrolled full time in any recognized school of the healing arts may receive credit for the continuing education requirements of this ARTICLE upon submitting proof of full-time enrollment. 11. The Board, at its discretion, may grant extension periods and waivers for the completion of license renewal and continuing education requirements for ACTIVE Military Service members.

ARTICLE V ACTION AGAINST PHARMACIST LICENSE

1. The Board of Pharmacy may refuse to issue or renew, or may suspend, summarily suspend, place on probation, revoke, reprimand or restrict the license of any pharmacist and/or impose a monetary penalty upon one or more of the following grounds: A. Violation of the rules and regulations of the Board of Pharmacy; B. Violation of any of the provisions of the Mississippi Pharmacy Practice Act or the

Mississippi Uniform Controlled Substances Law; C. Violation of pharmacy or drug laws of any other state or the federal government or rules or regulations pertaining thereto; D. Fraud or intentional misrepresentation by a licensee in securing the issuance or renewal of a license or failing to report to the Board any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court that would constitute grounds for action; E. Aiding and abetting an individual to engage in the practice of pharmacy without a license; F. Addiction to or dependence on alcohol, controlled substances or other habit forming legend drugs or the unauthorized use, possession, or theft of controlled substances or other habit forming legend drugs; G. Unprofessional conduct. Unprofessional conduct shall include, but is not limited to: (1) Condoning or assisting in the dispensing, promotion or distribution of drugs: (a)Which do not meet the standards required by law; (b)Which the pharmacist knows, or should know, are not obtained for a legitimate medical need. (2) Committing any fraudulent act including, but not limited to: (a)Destruction or alteration of any records such as prescriptions, profiles, purchase invoices, third-party vouchers and receipts required to be kept; (b)The placement of any advertisement which is false or misleading; (c)Filing a claim or assisting in the filing of a claim for reimbursement for drugs or professional services which were not provided or which were not authorized to be provided. (3) Dispensing, selling, bartering, receiving, or maintaining drugs which the pharmacist knows, or should know, have been stolen or diverted from the purpose for which they were distributed by a legitimate source; (4) Practicing in a location which is not properly permitted or registered by the Mississippi Board of Pharmacy; (5) Selling or bartering a prescription drug sample; (6) Receiving, dispensing, or maintaining a prescription drug sample unless the pharmacy is owned by a charitable organization and is not operated for profit and has prior approval in writing by the Board. Institutional pharmacies may receive, dispense and maintain prescription drug samples that are provided by a practitioner and intended solely for administration to his/her patients confined to the institution provided no charge is made to the patient by the institution for the sample; (7) No pharmacist shall have possession of a prescription drug sample unless such sample is for treatment of a diagnosed personal medical condition; (8) Denying a patient freedom of choice in selecting who will fill their prescription needs; (9) Willfully and knowingly failing to maintain complete and accurate records of all prescription drugs received, disposed of or dispensed at a permitted facility. (10) Failure to report fraudulent prescription activity to the appropriate authorities.

H. Physical or mental incapacity that prevents a pharmacist from practicing pharmacy with reasonable skill and safety to the public.

I. Failure to comply with any lawful order of the Board. J. Being found guilty by the licensing agency in another state or violating the statutes, rules or regulations of that jurisdiction. K. Divulging or revealing patient confidential or protected health information to any person other than as authorized by Board regulations. L. Termination of employees suspected of theft of pharmaceuticals or merchandise without contacting the Board prior to termination. M. Failure to report directly to the Board, losses or suspected losses of controlled substances or prescription drugs. N. Theft from a permitted facility. O. Theft or embezzlement of prescription drugs, controlled substances or medical devices from a permitted facility. P. Jeopardizing, compromising, interfering or failing to cooperate with any lawful investigation conducted by the Board or any state or federal regulatory or law enforcement agency. Q. Destruction, removal or tampering with any prescription drug, controlled substance, or medical device placed under seal, embargoed, or quarantined by the Board or any representative of the Board. R. Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in the Practice of Pharmacy, with safety to the public, is diverting or abusing controlled substances or prescription drugs and failing to report any relevant information to the Board of Pharmacy. S. Failure to furnish to the Board, its investigators, or representatives any information legally requested by the Board. T. Failing to pay costs assessed in a disciplinary hearing. U. Failure of a pharmacist licensed by the Mississippi Board of Pharmacy to register as a user of the Prescription Monitoring Program. V. Failing to submit prescription monitoring information to the Prescription Monitoring Program within the time interval prescribed. W. The unlawful disclosure of information from the Prescription Monitoring Program or using information obtained from the Prescription Monitoring Program for unlawful or unethical purposes. X. Failure to produce continuing educations credits within required time period set forth in these regulations. Y. The Board may issue a cease and desist order to prevent a person from engaging in the practice of pharmacy which endangers the public.

ARTICLE VI PRACTICE OF PHARMACY PERMITS

1. Every business or location in this state where prescription drugs are maintained and/or pharmacy services are provided shall obtain a permit from the Mississippi Board of Pharmacy. Effective January 1, 2016, every location issued a permit by the Board shall renew this permit biennially. The Board shall identify written criteria and issue permits accordingly in one of the following general classifications: A. Community Pharmacy; or

B. Institutional Pharmacy; or C. Limited Closed Door Pharmacy; or D. Nonresident Pharmacy; or E. Pharmacy Advisory Services. F. Sterile Product Outsourcing

2. For purposes of this ARTICLE, definitions are as follows: A. A Community Pharmacy shall mean any place, other than an Institutional Pharmacy or a Limited Closed Door Pharmacy, which is accessible to the general public and where pharmacy services are offered. These pharmacies may include but are not limited to independent retail or chain retail pharmacies.

A Specialty Community Pharmacy shall mean any place other than an Institutional Pharmacy, Limited Closed Door Pharmacy or a Community Pharmacy where the practice of pharmacy occurs and pharmacy services are provided to patients. These services may include, but are not limited to the following: dispensing sterile pharmaceuticals for home infusion, nuclear pharmacy services, compounding, consulting pharmacist services, disease state management, respiratory services and dispensing of nursing home medications. These pharmacies may be open on a full or part time basis. B. An Institutional Pharmacy shall mean that portion of an institutional facility where the practice of pharmacy occurs and where medications, devices and other materials are dispensed to their patients. (1) An Institutional I Pharmacy shall mean that portion of an institutional facility where the practice of pharmacy occurs and which is engaged in the compounding, production, and dispensing of drugs, medications, devices and other materials which are used in the diagnosis and treatment of injury, illness and disease. For purposes of these regulations a hospital shall mean any institution for the care and treatment of the sick and injured which is licensed and approved by the Mississippi State Department of Health, Health Facilities, Licensure and Certification. An Institutional I Pharmacy shall also include Out-Patient surgery facilities which maintain, dispense and administer medications, devices and other materials in treatment and diagnosis of injury, illness and disease. (2) An Institutional II Pharmacy shall mean that portion of an institution, other than a hospital, where the practice of pharmacy occurs and which is engaged in the compounding, production and dispensing of drugs, medications, devices and other materials used in the diagnosis and treatment of injury, illness and disease.

Various categories of Institutional Pharmacies are recognized as follows: "Institutional Facility" or "Organized Health Care Setting" is a: (1) Hospital; (2) Convalescent Home; (3) Nursing Home; (4) Extended Care Facility; (5) Mental Institution; (6) Rehabilitation Center;

(7) Retardation Center; (8) Correctional Facility; (9) Hospice; (10) Out-patient surgery facilities; (11) Any other such organization whose primary purpose is to provide a residential environment for patients to obtain health care services, and shall not include those places where physicians, dentists, veterinarians or other practitioners of the healing arts, who are duly licensed, engage in private practice. C. Limited Closed Door Pharmacy shall mean any place where pharmacy services are provided and where preferentially priced prescription drugs are purchased for the pharmacy’s own use to dispense only to their own patients. These pharmacies are not accessible to the general public and may or may not provide full time pharmacy services. A Limited Closed Door Pharmacy may include, but is not limited to, pharmacies owned by any city, county or state government and federally, state or privately funded non- profit community health clinics.

D. A Nonresident Pharmacy shall mean any pharmacy that is located outside the State of Mississippi which ships, mails or delivers prescription or legend drugs or devices to patients residing in this state. E. Pharmacy Advisory Services shall include locations where a pharmacist engages in certain professional advisory services as authorized under the definition of the Practice of Pharmacy.

Various types of Advisory Services Permits may be recognized as follows: Professional Services 1 – Pharmacists advise and provide pharmacotherapeutic consultations concerning therapeutic values, content, hazards and uses of drugs and devices. Initiate or modify drug therapy in accordance with written guidelines or protocols previously established and approved by the Board. Order lab work in accordance with written guidelines or protocols as defined by Section 73-21-73, paragraph (jj), Mississippi Code of 1972. Such services do not apply to Medication Therapy Management (MTM) conducted under a Pharmacy Permit at the permitted location. The permit must be obtained for the location in compliance with zoning requirements of the city or municipality and may not be located in a residence. A stock of drugs or devices may not be maintained or distributed from this location.

Professional Services 2 – Pharmacists advise and provide pharmacotherapeutic consultations concerning therapeutic values, content, hazards and uses of drugs and devices. Initiate or modify drug therapy in accordance with written guidelines or protocols previously established and approved by the Board. Order lab work in accordance with written guidelines or protocols as defined by Section 73-21-73, paragraph (jj), Mississippi Code of 1972. Such services do not apply to medication therapy management conducted under a Pharmacy Permit at the permitted location. The permit must be obtained for the location in compliance with zoning requirements of the city or municipality and may not be located in a residence. A pharmacist may assist in maintaining and distribution of medications provided to the patients from a manufacturer patient assistance program that assists medically indigent persons to obtain their prescription medications only.

Professional Services Outpatient Surgery Center – A pharmacist supervises appropriate documentation of administration, wastage and disposal of medications in accordance with documented policies and procedures of the facility. The Medical Director of the facility is responsible for obtaining the Drug Enforcement Administration (DEA) registration number for the facility and compliance with applicable DEA regulations.

F. Sterile Product Outsourcing shall mean the compounding and distribution of sterile medications both in-state and out-of-state in accordance with FDA guidelines. The facility must apply for a Human Drug Compounding Outsourcing Registration from the U. S. Food and Drug Administration (FDA) and must comply with applicable FDA Current Good Manufacturing Practice requirements and other applicable guidelines. Facilities are subject to inspection by FDA on a risk-based schedule. Facilities must be in compliance with applicable U. S. Drug Enforcement Administration (DEA) regulations. On the application for Sterile Product Outsourcing, the Pharmacist-In- Charge must certify that the facility is in full compliance all applicable FDA and DEA regulations and guidelines. The facility may not hold a pharmacy permit within the same location as an Outsourcer.

3. To obtain a pharmacy permit or sterile product outsourcing permit or renew a permit, the applicant shall have: A. Submitted a written application on a form(s) prescribed by the Board; B. Submitted the required fees as follows: Three hundred dollars ($300.00) for the registration period January 1, 2011 through December 31, 2012, and each biennial registration period thereafter. C. Any permit renewal application postmarked after December 31 of the renewal period shall be returned and a fifty ($50.00) late renewal fee shall be assessed prior to renewal.

4. To obtain a Pharmacy Advisory Services permit or renew a permit, the applicant shall have: A. Submitted a written application on a form(s) prescribed by the Board; B. Submitted the required fees as follows: One hundred dollars ($100.00) for the registration period January 1, 2014 through December 31, 2015, and each biennial registration period thereafter. C. Any permit renewal application postmarked after December 31 of the renewal period shall be returned and a fifty ($50.00) late renewal fee shall be assessed prior to renewal.

5. Newly issued permits which do not coincide with the registration period shall be valid for the following periods of time: If the permit is issued in the first half of the registration period, it must be renewed at the end of the registration period. If the permit is issued in the second half of the registration period, it must be renewed at the end of the next registration period.

6. Permits issued to any type facility become null and void sixty (60) days from the date of issuance if inspection reveals a lack of legitimate business activity.

7. A permit for a location shall not be issued or renewed on the application of any

person unless such person be a pharmacist licensed in this state.

8. Original permits, once issued for a new facility, may be returned to the Board and a new permit issued without being assessed an additional permit fee provided: A. The change is on a one-time basis and is within sixty (60) days of original issuance; and B. Controlled substance inventory requirements are met; and C. A twenty-five dollar ($25.00) processing fee is paid to the Board.

9. A pharmacy permit shall not be required for the sale or delivery of dialysate solutions or devices necessary to perform home peritoneal renal dialysis to patients with end stage renal disease, provided the following criteria are met: A. The dialysate solutions or devices are approved or cleared by the Food and Drug Administration (FDA), as required by federal law; B. The dialysate solutions or devices are lawfully held by a manufacturer or a manufacturer’s agent that is properly registered with the Mississippi Board of Pharmacy as a manufacturer, wholesale drug distributor (WDD) or third-party logistics provider (3PL) under Mississippi Code Section 73-21-105; C. The dialysate solutions or devices are held and delivered in their original, sealed packaging from the manufacturing facility; D. The dialysate solutions or devices are delivered only upon a receipt of a valid prescription by a pharmacy permitted by the Mississippi Board of Pharmacy and the transmittal of an order from the pharmacy to the manufacturer or the manufacturer’s agent; E. The manufacturer or the manufacturer’s agent delivers the dialysate solutions or devices directly to: i) A patient with chronic kidney failure, or his/her designee, for the patient’s self- administration or the dialysis therapy, or ii) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with chronic kidney failure.

ARTICLE VII RESPONSIBILITY OF PHARMACIST-IN-CHARGE (PIC)

1. The person who signs the application for a pharmacy permit or the renewal of a pharmacy permit shall be the pharmacist-in-charge (PIC) for that facility. A. Authority. The PIC of the pharmacy shall be responsible for complete supervision, management and compliance with all federal and state pharmacy laws and regulations pertaining to the practice of pharmacy in the entire prescription department. He/She shall have the cooperation and support of all pharmacy staff in carrying out these responsibilities. The pharmacist-in-charge is responsible for assuring that all personnel are properly registered or licensed with the Board and that all pharmacy permits are current and appropriate for the type of pharmacy operation being conducted. A pharmacist shall not be the PIC at more than one Community Pharmacy or Institutional I

Pharmacy (unless the Board grants a waiver upon presentation of good cause) and shall not be the pharmacist-in-charge or have personal supervision of more than one facility which is open to the general public on a full-time basis. B. Responsibilities of the Pharmacist-in-Charge: (1) That each individual workspace is designed to provide space and a workflow design that will accommodate the workload in an organized fashion; and (2) That the computer’s software should be of a design so that drug interactions and contraindications must be reviewed by the pharmacist. Further, the computer system should support counseling and drug utilization review documentation; and (3) That trained supportive staff shall be maintained to meet the demands of the practice site, workload and the clientele served; and (4) That all staff should be afforded and encouraged to participate in training and continuing education in order to keep them abreast of new information and changes in the field; and (5) That if quotas or formulas such as prescription volume are used to set staffing, conditions such as peak workload periods, workplace design and the training of staff must be taken into consideration. (6) A PIC shall be required to be physically onsite at the pharmacy a minimum of twenty (20) hours per work week or fifty per cent (50%) of the hours of operation of the pharmacy, whichever is less. A record of the onsite hours of the PIC shall be produced upon request by the Board or an agent of the Board. Exceptions will be recognized for practical reasons, i.e., vacation, sick time, etc... C. Circumvention. It is a violation of this section for any person to subvert the authority of the pharmacist-in-charge by impeding the management of the prescription department for the compliance with federal and state drug or pharmacy laws and regulations. Any such circumvention may result in charges being filed against the pharmacy permit.

2. A permit for a pharmacy shall not be issued or renewed unless the pharmacist-in-charge is licensed in this state. If the pharmacist license of the pharmacist-in-charge becomes void or inactive due to surrender, revocation, suspension, restriction or for any other reason, application must be made for a new pharmacy permit by another pharmacist within fifteen (15) days. Failure to submit an application for a new PIC within fifteen (15) days shall render the permit inactive and the pharmacy shall cease doing business in the state until a new permit is issued to a new PIC.

3. If the employment of a pharmacist-in-charge is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the PIC, he/she must: A. Return the permit to the Mississippi Board of Pharmacy with written notice that he/she is no longer the pharmacist-in-charge for that facility and; B. In accordance with the provision of paragraph 2 of ARTICLE XXV of the Regulations, send to the Board of Pharmacy an inventory of any controlled substances on hand at the facility at the time of his/her termination as pharmacist-in-charge.

C. When the relinquishing PIC cannot or does not comply with the inventory requirements of this paragraph it shall be the responsibility of the new PIC to send to the Board of Pharmacy an inventory of any controlled substances on hand at the time he/she assumes responsibility as PIC. D. The relinquishing PIC is responsible for notification of appropriate supervisors or owners of the surrender of the permit. When a permit is thus returned for a facility, application for a new permit for that facility must be made to the Mississippi Board of Pharmacy within fifteen (15) days.

4. If a permitted facility is permanently closed or has a change of ownership, the pharmacist-in charge for that facility shall give notice to the Board of the effective date of closure or change in ownership and include the storage location of the business’s records and appropriate contact information. If a permitted facility has a change in name or location, application for a new permit must be made to the Board at least fifteen (15) days prior to the change in name or location. Once issued, a permit cannot be amended, transferred or assigned to another person.

5. On the premises where a pharmacy is maintained in conjunction with other services or business activities, the pharmacy shall be physically secured from such other services or activities during those times a pharmacist is not present and the pharmacy is not open, and other services or activities are being provided on the premises. A. The Pharmacy shall be secured by a physical barrier to detect entry at a time when the Pharmacist is not present. B. Each pharmacist while on duty shall be responsible for the security of the Pharmacy, including provisions for effective control against theft or diversion of Drugs and/or Devices. C. The pharmacist-in-charge shall be responsible for adequate security being maintained on drugs in all areas of the permitted facility at all times and is responsible for reporting any loss or suspected loss of controlled substances or legend drugs directly to the Board immediately (this does not relieve any pharmacist who discovers a loss from the requirement of reporting the loss directly to the Board).

6. Each facility issued a pharmacy permit by the Mississippi Board of Pharmacy shall maintain: A. An area of sufficient size to accommodate the dispensing functions of the facility and which is adequately equipped to provide for the proper storage of drugs and supplies under appropriate conditions of temperature, light, moisture, sanitation, ventilation and security. All areas where Drugs and Devices are stored shall be dry, well lighted, well ventilated, and maintained in a clean and orderly condition. Storage areas shall be maintained at temperatures which will ensure the integrity of the Drugs prior to their dispensing as stipulated by the USP-NF and/or the Manufacturer’s or Distributor’s labeling. B. A sink with hot and cold running water which is convenient to the dispensing area;

C. An inventory which shall include such drugs, chemicals and preparations as may be necessary to fill ordinary prescriptions as indicated by experience in the area where the pharmacy is located; D. Technical equipment which may include measuring graduates, mortar and pestle, spatulas, funnels, ointment slab or paper, balance and such other items of equipment found to be necessary for the filling of prescriptions or rendering of other pharmacist services; and, E. Current reference material adequate for professional and consumer information. F. Pharmacy permits, facility-controlled substance registrations, and DEA registrations must be conspicuously posted. Evidence of current pharmacist licensure and pharmacy technician registration must be provided on request by any agent of the Board. G. A current and updated copy of the Mississippi Board of Pharmacy Practice Regulations and Pharmacy Practice Act. 7. It is the responsibility of the Pharmacist-in-charge to establish and implement procedures to ensure compliance with the Article entitled Prescription Monitoring Program. 8. The pharmacist-in-charge shall be responsible for written policies and procedures for maintaining the integrity and confidentiality of prescription and patient health care information. All employees of the pharmacy with access to any such information shall be required to read, sign, and comply with the established policies and procedures.

ARTICLE VIII RESPONSIBILITY OF PHARMACIST/PHARMACIST CARE

1. In the dispensing of drugs, the pharmacist shall have the following responsibilities: A. In a pharmacy, it shall be the responsibility of the pharmacist on duty at the facility to insure that only a pharmacist provides professional consultation with the patients and/or other licensed health care professionals, and that only a pharmacist accepts telephoned or orally prescribed medication orders or prescriptions; or gives information in any manner relative to prescriptions or prescription drugs. The provisions of this paragraph shall not apply to an extern or intern working under the supervision of a pharmacist. B. In the dispensing of drugs from a pharmacy, it shall be the responsibility of the supervising pharmacist to prevent the pharmacy technician from performing those functions relative to dispensing which are functions based on a judgment for which the pharmacy technician has not been prepared by education or authorized by law or regulation. C. In the dispensing of medications for ambulatory (or outpatients): (1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient; (2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;

(3) When a data processor or computerized order entry system is used, pharmacy technicians may enter information into the database and prepare labels, but it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the prescription information produced; (4) When refilling a prescription, it shall be the responsibility of the pharmacist to make the determination whether or not to refill the prescription; (5) A pharmacist shall not actively supervise more than three pharmacy technicians at one time. Externs/Interns are not included in this quota calculation; (6) Pharmacy Technicians in the dispensing area shall be readily identifiable.

D. In all instances where the services of pharmacy technicians are utilized in the preparation of a drug for delivery to a patient, a pharmacist shall be present and personally supervise the pharmacy technician and shall be responsible for the correct preparation and delivery of the drug to the patient. All drugs dispensed utilizing the services of a pharmacy technician shall be properly labeled and identify the responsible supervising pharmacist. E. In the event of a loss or suspected loss of a controlled substance, it is the responsibility of the discovering pharmacist to report the loss or suspected loss directly to the Board at the time of discovery. F. In the interest of the public health the pharmacist shall, where appropriate, counsel patients and review their medication profiles to improve patient understanding and compliance.

2. Patient Records: A. A system for documenting medications, prescribed and dispensed, shall be maintained by all pharmacies licensed to dispense medications. The patient record system shall allow the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's agent shall make a reasonable effort to obtain, record, and maintain the following information: (1) Full name of the patient for whom the drug is intended; (2) Address and telephone number of the patient; (3) Patient's age or date of birth; (4) Patient's gender; (5) A record of all Prescription Drug Orders obtained by the patient at the pharmacy maintaining the patient record during the preceding 2 years displaying the name of the drug or device, prescription number, name and strength of the drug, the quantity and date received, and the name of the prescriber; (6) Pharmacist's comments relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug; and B. The pharmacist or pharmacist's agent shall make a reasonable effort to obtain from the patient or the patient's agent and shall record any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and the identity

of any other drugs, including over-the-counter drugs or devices, currently being used by the patient which may relate to Prospective Drug Use Review (DUR).

3. Prospective Drug Use Review: Before a prescription is dispensed, delivered, or distributed, a pharmacist shall review the patient record and each Prescription Drug Order presented for dispensing for purposes of promoting therapeutic appropriateness by screening: A. Over-utilization or under-utilization; B. Therapeutic duplication; C. Drug-disease contraindications; D. Drug-drug interactions; E. Incorrect drug dosage or duration of drug treatment; F. Drug-allergy interactions; and, G. Clinical abuse/misuse.

Upon recognizing any of the above, the pharmacist shall take appropriate steps to avoid or resolve the problem which shall, if necessary, include consultation with the prescriber.

4. Patient Counseling: A. Upon receipt of an outpatient prescription drug order and following a review of the patient's record, it is the pharmacist or the pharmacist's agent's responsibility to make the offer to discuss matters which are deemed significant in the pharmacist's professional judgment. The pharmacist must provide the patient counseling. If patient or caregiver is not available, the pharmacist shall make known the fact that patient counseling is available and how he/she may be reached. Such discussion may include the following: (1) Name and description of the drug; (2) Dosage form, dose, route of administration, and duration of therapy; (3) Intended use of the drug and expected action; (4) Special directions and precautions for preparation, administration, and use by the patient; (5) Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur; (6) Techniques for self-monitoring drug therapy; (7) Proper storage; (8) Prescription refill information; (9) Action to be taken in the event of a missed dose; and (10) Pharmacist comments relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug. B. Alternative forms of patient information may be used to supplement verbal patient counseling when appropriate, such as written information, leaflets, pictogram labels, video programs, auxiliary labels on the prescription vials, etc.

C. Patient counseling, as described above and defined in the Act, shall not be required for inpatients of a hospital or institution where other licensed health care professionals are authorized to administer the drug(s). D. A pharmacist that dispenses prescriptions that are to be delivered to the patient or the patient's caregiver by U.S. Mail, UPS, Federal Express, or any other carrier or by any employee or agent of the pharmacy shall comply with the following: (1) Provide printed information with the delivery which supplies at a minimum the name, address and telephone number of the dispensing pharmacist and all information as outlined in paragraph 4., (A), of this ARTICLE. E. A pharmacist shall not be required to counsel a patient or caregiver when the patient or caregiver refuses such consultation. F. A pharmacist may refuse to fill a prescription for a variety of reasons outlined within these regulations. Additionally, a pharmacist may decline to fill or refill a prescription or provide a service when the costs of providing those products or services exceeds the reimbursement obtained from a third-party payer. If a pharmacist declines to fill a prescription or provide a service because the costs associated with suppling the product or service exceeds the reimbursement for the product or service, he/she shall provide the patient with a list of pharmacies in the area that may provide the product or service.

5. Confidentiality: Patient information obtained by the pharmacist or his agent is for the purpose of patient record maintenance, prospective drug review, retrospective drug use review and patient counseling shall be considered confidential information (see Definition Section).

Personally identifiable confidential patient information in the patient medication record may be released to the patient, the prescriber, other licensed practitioners then caring for the patient, another licensed pharmacist caring for the patient, the Board or its representatives or any person duly authorized by law to receive such information. This personally identifiable confidential information in the patient medication record may be released to others only on written release by the patient.

The pharmacist-in-charge shall be responsible for written policies and procedures for maintaining the integrity and confidentiality of prescription and patient health care information. All employees of the pharmacy with access to any such information shall be required to read and attest that they will comply with the established policies and procedures.

All pharmacies, pharmacists, pharmacy technicians, and other pharmacy employees shall attest that they will comply with the provisions of the Health Insurance Portability and Protection Act (HIPPA).

ARTICLE IX ACTION AGAINST PERMITS

1. The Board of Pharmacy may refuse to issue or renew, or may suspend, summarily suspend, place on probation, revoke, reprimand, or restrict the permit of any permitted facility and/or impose a monetary penalty upon one or more of the following grounds: A. Any act by any person in the conduct of the activities of the facility which is a violation of any of the provisions of the Mississippi Pharmacy Practice Act or the Mississippi Uniform Controlled Substances Law. Further, that any act by any person which subverts the authority of the pharmacist-in-charge by impeding the management of the prescription department or the practice of pharmacy in the compliance with federal and state drug or pharmacy laws and regulations shall be deemed a violation of this section. Any such circumvention may result in charges being filed against the pharmacy permit. B. Any act by any person in the conduct of the activities of the facility which is a violation of the rules and regulations of the Board of Pharmacy. C. Fraud or intentional misrepresentation in securing the issuance or renewal of a permit. D. Failure to comply with any lawful order of the Board. E. Engaging in or aiding and abetting an individual to engage in the practice of pharmacy without a license. F. Unprofessional conduct by any person in any activity relating to the operation of a pharmacy. Unprofessional conduct includes, but is not limited to: (1) Condoning or assisting in the dispensing, promotion or distribution of drugs which do not meet the standards required by law. (2) Committing any fraudulent act including, but not limited to: (a)Destruction or alteration of any records such as purchase invoices, prescriptions, patient profiles, third-party vouchers and receipts required to be kept; (b)The placement of any advertisement which is false or misleading; (c)Filing a claim or assisting in the filing of a claim for reimbursement for drugs or professional services which were not provided. (3) Dispensing, selling, bartering, receiving, or maintaining drugs which the pharmacist knows, or should know, have been stolen or diverted from the purpose for which they were distributed by a legitimate source. (4) Selling or bartering a prescription drug sample. (5) Receiving, dispensing, or maintaining a prescription drug sample unless the pharmacy is owned by a charitable organization, and is not operated for profit and has prior approval in writing by the Board. Institutional pharmacies may receive, dispense and maintain prescription drug samples that are provided by a practitioner and intended solely for administration to his/her patient confined to the institution provided no charges made to the patient by the institution for the sample. (6) No pharmacist shall have possession of a prescription drug sample unless such sample is for treatment of a diagnosed personal medical condition. (7) Willfully and knowingly failing to maintain complete and accurate records of

all prescription drugs received, disposed of or dispensed at a permitted facility. (8) Divulging or revealing confidential patient information to any person other than as authorized by Board regulations. G. Termination of employees suspected of theft of pharmaceuticals or merchandise without contacting the Board prior to termination. H. Failure to report directly to the Board, losses or suspected losses of controlled substances or prescription drugs. I. Jeopardizing, compromising, interfering or failing to cooperate with any lawful investigation conducted by the Board or any state or federal regulatory or law enforcement agency. J. Destruction, removal or tampering with any prescription drug, controlled substance, or medical device placed under seal, embargoed, or quarantined by the Board or any representative of the Board. K. Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in the Practice of Pharmacy, with reasonable skill, competence, and safety to the public, is diverting or abusing controlled substances or prescription drugs and failing to report any relevant information to the Board of Pharmacy. L. Failure to furnish to the Board, its investigators, or representatives any information legally requested by the Board within the required time frame. M. Failing to pay costs assessed in a disciplinary hearing as directed by a lawful order of the Board. N. Knowingly failing to submit Prescription Monitoring Information to the Prescription Monitoring Program within the time interval prescribed. O. The unlawful disclosure of information from the Prescription Monitoring Program. Using information obtained from the Prescription Monitoring Program for unlawful or unethical purposes. P. Retaliation against pharmacy employees for providing information to the Board. Q. Hindering, interfering with, or restriction the reporting of suspected unlawful activity to the appropriate authorities. R. Failure by any representative of a permitted facility to acknowledge completion of an inspection by placement of a signature on the inspection form.

ARTICLE X DRUG PRODUCT SELECTION

When a generic equivalent drug product is available, drug product selection by the pharmacist shall be made in accordance with this regulation.

For purposes of this ARTICLE, "drug product selection" shall mean the dispensing of a generic equivalent drug product in lieu of the brand name drug product ordered by the prescriber.

1. Each prescription written in this state shall contain two signature lines, either of which,

when signed by the prescriber, shall validate the prescription and, depending upon which line the prescriber's signature appears, will indicate the prescriber's approval or denial of drug product selection by the pharmacist. The two line provision of the prescription and the prescriber's approval or denial of drug product selection shall be as follows: A. There shall be a signature line in the lower right-hand corner of the prescription form beneath which shall be imprinted the words "Substitution Permitted". B. There shall be a signature line in the lower left-hand corner of the prescription form beneath which shall be imprinted the words "Dispense as Written".

If the prescriber utilizes a prescription form which does not contain the two signature lines, the prescriber must write in his own handwriting the words "Dispense as Written", otherwise the pharmacist may select a generic equivalent drug product.

On electronically transmitted prescriptions, the prescriber must specify if the brand name drug must be dispensed.

The requirements of this paragraph shall not apply to the dispensing of medication for Medicaid recipients. Pharmacists must comply with current Division of Medicaid guidelines regarding the dispensing of medications for Medicaid recipients.

2. When drug product selection is made under the provisions of this ARTICLE, the purchaser shall be informed of the drug product selection.

3. If a generic equivalent drug product is available, a pharmacist may select and dispense a generic equivalent drug product when the following three conditions are present: A. The purchaser requests the selection of a generic equivalent drug product; B. The prescriber has not prohibited drug product selection; C. Drug product selection will result in a lower cost to the purchaser.

4. Unless the prescriber indicates that the name of the drug product shall not appear on the label of the dispensed medication container, the pharmacist, having made product selection of a drug, shall place on the label of the finished dispensed container one of the following: A. The proprietary name of the generic product dispensed; or B. The generic name of the product dispensed and the name of the manufacturer or repackager, either written in full or appropriately abbreviated.

5. In addition to the labeling described in A. and B. of the previous paragraph, the pharmacist may add a statement such as "Substituted for _________" and add to this statement the brand name of the prescribed drug product.

6. The pharmacist shall not select a generic equivalent drug product when the purchaser requests the drug product to be dispensed as ordered by the prescriber. Pharmacists must abide by Medicaid regulations concerning Brand and generic drugs for Medicaid Recipients.

7. A pharmacist may not select a drug product to substitute for a prescribed brand name drug unless such drug product is the generic equivalent of the prescribed brand name and has been manufactured under the Federal Food and Drug Administration's current Good Manufacturing Practice Regulations and meets U.S.P. or other official specifications, and has an approved New Drug Application (NDA) or Abbreviated New Drug Application (ANDA), or Antibiotic Form 5 or 6 Application approved by the U. S. Food and Drug Administration under the provisions of Section 505 and 507 of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A., 301, et seq.).

Generic equivalent drugs shall include, but not be limited to, any drug listed by the Food and Drug Administration list of therapeutically equivalent drugs as contained in APPROVED DRUG PRODUCTS.

For purposes of this ARTICLE, the term "if available" means if the generic drug product is available in the pharmacy at the time the prescription is presented.

Nothing in this ARTICLE shall be construed to prohibit the implementation of a drug formulary system within an institution.

ARTICLE XI STOCK CONTAINER LABELING, OUTDATED MERCHANDISE, SANITATION, DISPENSING AND STORAGE REQUIREMENTS

1. All drug products which are stored or maintained in a facility permitted by the Board of Pharmacy shall remain in the manufacturer's or repackager's original container. The label of any container in which drugs are maintained must bear the drug name, strength, the manufacturer's control lot number and the expiration date.

Drugs which are precounted and prepackaged, or placed in automatic tablet counting machines, for purposes of dispensing shall be identifiable as to expiration date and manufacturer's control lot number. The containers in which drug products are maintained shall not be labeled in any false or misleading manner. The labeling requirements of this ARTICLE are in addition to, and not in lieu of, other labeling requirements of the laws of the state of Mississippi, rules and regulations of the Mississippi Board of Pharmacy, and laws of the United States, or federal regulations.

2. A pharmacist shall not dispense out-of-date drugs and a pharmacy shall not maintain out- of-date drugs intermixed with the stock of current drugs. Out-of-date drugs shall be promptly removed from current stock and stored separately until proper disposal shall be made.

The Board or its representative may seize, embargo, quarantine, or place under seal, any prescription drug, controlled substance, or medical device which may constitute an

imminent danger to the public health and safety.

At the conclusion of proceedings, the Board may asses fees associated with the storage of, destruction, or disposal of any seized, embargoed, or quarantined prescription drugs, controlled substances or medical devices

The Board may place under seal all Drugs or Devices that are owned by or in the possession, custody, or control of a licensee at the time his or her license is Suspended or Revoked or at the time the Board refuses to renew his or her license. Drugs or devices so sealed shall not be disposed of until appeal rights have expired or disposal is ordered by the Board.

3. Pharmacies shall be maintained in an orderly and sanitary fashion.

4. A pharmacist or a pharmacy shall not accept the return for subsequent resale or exchange any drug after such drug has been taken from the premises where sold, distributed or dispensed and from the control of the pharmacist.

5. All drug products shall be maintained, stored and dispensed in such a manner as to maintain the integrity of the product.

6. Unless requested not to do so, all medication dispensed in a liquid or solid dosage form shall be dispensed in child resistant packaging.

7. Disasters, accidents or emergencies which may affect the strength, purity or labeling of drugs shall be immediately reported to the Board.

8. Customized Patient Medication Packages: In lieu of dispensing two or more prescribed drug products in separate containers, a pharmacist may, with the consent of the patient, a patient's care giver, or the prescriber, provide a customized package, known as a patient med-pak provided: A. Patient med-paks shall bear a label (or labels) including all information required on a traditional prescription label. In addition, the med-pak shall bear an identification number unique to that patient med-pak, the date of preparation and the beyond-use date of the patient med-pak (not to exceed ninety(90) days from the date of preparation). If the patient med-pak allows for the removal or separation of individual cells within the med-pak, each cell shall bear a label identifying each of the drug products contained. B. It is the responsibility of the dispensing pharmacist when preparing the med-pak, to take into account any applicable compendia requirements or guidelines and the physical and chemical compatibility of the dosage forms placed within each cell of the med-pak, as well as any therapeutic incompatibilities that may attend the simultaneous administration of the drugs. C. In addition to individual prescription filing requirements, a record of each patient

med-pak shall be made and filed. Each record shall contain at a minimum: (1) The name and address of the patient; (2) The unique identification number of the patient med-pak; (3) The prescription number for each drug product contained; (4) The drug name, manufacturer or distributor name and lot number of each drug product contained; (5) Any special labeling instructions; (6) Information identifying or describing the design, characteristics, or specifications of the med-pak, sufficient to allow subsequent preparation of the med-pak for the patient; (7) The date of preparation of the patient med-pak and the beyond-use date that was assigned; and (8) The name or initials of the pharmacist responsible for preparing the med-pak.

ARTICLE XII PRESCRIPTION/ORDER REQUIRED AND REFILL AUTHORIZATION/RECORDKEEPING

1. Prescription drugs shall be dispensed only pursuant to a valid prescription or a valid order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. A Prescription Drug Order, to be effective, must be issued for a legitimate medical purpose by a Practitioner acting within the course of legitimate professional practice.

A Prescription Drug Order shall contain the following information at a minimum: (1) full name and street address (if required by law) of the patient; (2) name, address, and, if required by law or rules of the Board, DEA registration number of the prescribing Practitioner; (3) date of issuance; (4) name, strength, dosage form, and quantity of Drug prescribed; (5) directions for use; (6) refills authorized, if any; (7) if a written Prescription Drug Order, prescribing Practitioner’s signature; (8) if an electronically transmitted Prescription Drug Order, prescribing Practitioner’s electronic or digital signature; 2. A Prescription Drug Order must be communicated directly to a Pharmacist, or when recorded, in such a way that the Pharmacist may review the Prescription Drug Order as transmitted. A prescription/order may be accepted by a pharmacist in written form, orally, or electronically unless the order is for a Schedule II controlled substance (refer to ARTICLE XIX) of these regulations. Electronically transmitted prescription drug orders shall meet the following requirements: A Electronically transmitted prescription drug orders shall meet the following criteria:

(1) be transmitted only to the pharmacy of the patient’s choice; and (2) be transmitted by an authorized Practitioner or his or her designated agent B. Prescription drug orders transmitted by facsimile or computer shall include: (1) The complete name, address, and DEA Registration Number of the practitioner if required; (2) The transmitters telephone number or any other suitable means to contact the transmitter for verbal and/or written confirmation; (3) The name, address, and age of the patient; (4) The time and date of the transmission; and, (5) The full name of the person transmitting the order; and (6) The identity of the Pharmacy intended to receive the transmission, as well as any other information required by federal or state law. C. An electronically transmitted drug order which meets the requirements of this ARTICLE shall be deemed the original order. D. The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the transmitted prescription drug order consistent with federal or state laws and rules and regulations adopted pursuant to the same. E. An electronically transmitted prescription/order from a prescriber to a pharmacist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering or manipulation by any other person or parties in any manner whatsoever. F. Any pharmacist that transmits, receives or maintains any prescription or prescription refill either orally, in writing or electronically shall ensure the security, integrity and confidentiality of the prescription and any information contained therein. G. To maintain the confidentiality of patient and prescriber records, a computer system shall have security and system safeguards designed to prevent and detect unauthorized access, modification or manipulation of patient records. Once the drug has been dispensed, any alterations in prescription drug order data shall be documented to include the identification of the individual responsible for the alteration. H. Electronic transmission of prescription orders for controlled substances must comply with DEA Regulations.

3. Pharmacists must maintain complete and accurate records of all prescription drugs received, disposed of, or dispensed at a permitted facility.

4. A prescription may not be refilled without authorization. When refills are dispensed pursuant to authorization contained on the original prescription or when no refills are authorized on the original prescription but refills are subsequently authorized by the prescriber, the refill authorization shall be recorded on the original prescription document and the record of any refill made shall be maintained on the back of the original

prescription document or on some other uniformly maintained record and the dispensing pharmacist shall record the date of the refill, the quantity of the drug dispensed and his/her initials; however, an original prescription for a controlled substance which contains no refill information may not be authorized to be refilled more than five (5) times or after six (6) months from the date of issuance. Authorization for any additional refill of a controlled substance prescription in excess of those refills originally authorized or after six (6) months from the date of issuance of the prescription shall be treated as a new prescription.

5. When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. Except as provided below, no prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. For non-controlled maintenance medications only, a pharmacist, exercising his/her professional judgment, may dispense additional dosage units authorized by the prescriber on the original prescription including refills.

6. The pharmacist who fills or refills a prescription shall record the date of the dispensing and indicate his/her identity as the dispensing pharmacist on the prescription document or some other appropriate and uniformly maintained record. If this record is maintained on the original prescription document, the original dispensing and any refills must be recorded on the back of the prescription.

7. A prescription shall not be refilled after twelve (12) months from the date of issuance. Orders for non-controlled medications authorized for patients in the LTC facilities are recognized as prescriptions and are valid until order is discontinued.

8. A prescription becomes invalid thirty (30) days after the prescriber/patient relationship is terminated. When the patient is no longer able to seek personal consultation or treatment from the prescriber the prescriber/patient relationship is terminated.

9. A written prescription document prepared by the prescriber or his agent must bear an original signature of the prescriber, facsimile stamps are not acceptable. When an oral prescription or the oral authorization for the refilling of a prescription is received which is transmitted by someone other than the prescriber, the name of the transmitter and the date of the transmission must be recorded on the original prescription document by the pharmacist receiving the transmission.

10. A pharmacist licensed by the Mississippi Board of Pharmacy may dispense a one-time emergency dispensing of a prescription of up to a seventy-two (72) hour supply of a

prescribed medication in the event the pharmacist is unable to contact the prescriber to obtain refill authorization, provided that; A The prescription is not for a controlled substance; B In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort; C The dispensing pharmacist notifies the prescriber or his agent of the emergency dispensing within seven (7) working days after the one-time emergency dispensing; D The pharmacist properly records the dispensing as a separate non-refillable prescription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition, it shall contain the number of the prescription from which it was refilled; and E The pharmacist shall record on the new document the circumstances which warrant this emergency dispensing. This emergency dispensing shall be done only in the permitted facility which contains the non-refillable prescription.

ARTICLE XIII PRESCRIPTIONS TO BE FILED

Prescription Records shall be filed in one of the following ways:

1. All paper prescriptions and prescriptions received via facsimile shall be considered hard copy prescriptions. 2. Hard copy original prescriptions for schedule drugs received as paper or faxed shall be maintained in a hard copy (paper) format file with Schedule II prescriptions being kept separate from all other prescriptions. 3. Upon request by an agent of the Board, any prescription not maintained in a paper file must be printed and provided to the agent immediately. Failure to print and produce the requested prescriptions may result in disciplinary action by the Board. 4. All original prescriptions, whether maintained manually or in a data processing system, shall be assigned a serial number and maintained by the pharmacy in numerical order. All prescriptions shall be maintained for at least six (6) years from the date of original dispensing.

ARTICLE XIV LABELING REQUIREMENTS

1. Before a dispensed drug for an outpatient is released from the dispensing area, it shall bear a label containing the name and address of the pharmacy, a prescription number, the name of the prescriber, the name of the patient, directions for taking the medication, the date of

the filling or refilling of the prescription, the initials or identifying code of the dispensing pharmacist and any other information which is necessary or required.

2. The pharmacist who fills a prescription shall indicate his or her identity as the dispensing pharmacist on the label of the dispensed medication. Identification may be made by placing initials on the label of the dispensed medication. The label shall be affixed to the outside of the container of the dispensed medication by means of adhesive or tape or any other means which will assure that the label remains attached to the container.

ARTICLE XV I S S U A N C E AND RECEIPT OF PRESCRIPTION COPIES

1. Prescriptions for drugs which are controlled substances as defined by the Mississippi Uniform Controlled Substances Law shall not be transferred. Prescriptions for noncontrolled drugs may be transferred orally by telephone or electronically (to include facsimile) at the request of the patient or authorized agent by pharmacists between pharmacies for the purpose of refill dispensing provided: A. That in pharmacies with a manual record keeping system the transferor pharmacist invalidates the prescription on file as of the date the copy is given by writing "Void" on its face; and records on the back of the invalidated prescription order that a copy has been issued, to whom, the date of issuance of such copy and the initials of the pharmacist issuing the transferred prescription. B. That in pharmacies with a computerized record keeping system the transferor pharmacist records in the system a cancellation of the prescription. This cancellation shall record that a copy of the prescription has been issued, to whom it was issued, the date of issuance of such copy and the initials of the pharmacist issuing the copy. This required information must be immediately retrievable (via CRT display or hard copy printout). C. The transferee pharmacist, upon receiving such prescription directly from another pharmacist, records the following and enters into the data processing system: (1) The name and address of the pharmacy from which the prescription was transferred and the original prescription number used by that pharmacy; (2) The name of the transferor pharmacist; (3) All information constituting a prescription order, including the following: (a) Patient's name. (b) Date of issuance of original prescription and date of original dispensing. (c) Original number of refills authorized on original prescription; (d) Number of valid refills remaining. D. The receiving pharmacist informs the patient that the original prescription has been canceled at the pharmacy from which it was obtained.

2. Computerized systems must satisfy all requirements of paragraph 1. of this ARTICLE. If pharmacies share a common computerized system, one pharmacist may perform all required actions, but this shall be limited to once per patient prescription.

3. Presentation of a written prescription copy or label from dispensed medication shall be for information purposes only and has no legal status as a valid prescription order. The recipient pharmacist of such copy or prescription label shall contact the prescribing practitioner for authorization to dispense the prescription, which is the same as obtaining an original prescription order or transfer the prescription in accordance with the provisions of paragraph 1. of this ARTICLE.

ARTICLE XVI REGISTRATION WITH THE BOARD TO HANDLE CONTROLLED SUBSTANCES

1. Every facility/business under the jurisdiction of the Board of Pharmacy where controlled substances are manufactured, distributed, sold, bought, dispensed, or maintained within this state or that distributes or dispenses any controlled substance into this state from an out-of- state location, or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state or the distribution or dispensing of any controlled substance into this state from an out-of-state location, except those persons exempted by law, shall obtain and maintain a Controlled Substance Registration issued to that facility/business by the Mississippi Board of Pharmacy. Every pharmacist or pharmacy extern/intern who dispenses controlled substances in the usual and lawful course of business within this state shall obtain and maintain a controlled substance registration issued by the Board.

2. These registrations shall be renewed annually and shall be valid for the following period of time: If the registration is issued before or during the first half of the registration period, the registration shall expire at the end of the registration period and if the registration is issued in the second half of the registration period, the registration shall expire at the end of the succeeding registration period. A fee of fifty dollars ($50.00) shall be charged for this registration or the renewal of this registration.

Extern or intern registrations shall be valid for a period of four (4) years or until six months after graduation.

Any controlled substance renewal application postmarked after December 31 of the renewal period shall be returned and a fifty dollar ($50.00) late renewal fee shall be assessed prior to renewal.

3. Application for issuance or renewal of a Controlled Substance Registration shall be made on a form prescribed by the Board which specifies the activities to be engaged in and the Schedules of Controlled Substances which may be manufactured, distributed, dispensed,

sold, purchased, or maintained by the registrant. A registrant shall not manufacture, distribute, dispense, sell, purchase, or maintain a controlled substance not authorized by his registration.

4. The application for the issuance or the renewal of a Controlled Substance Registration for a pharmacy shall be signed by a pharmacist. If the services of a pharmacist are not required at the facility the application for the Controlled Substance Registration shall be signed by the individual who will be responsible for conducting the business activities of the facility.

5. Persons who handle controlled substances or who maintain controlled substances on the premises must be registered. This includes all facilities which do not maintain dispensing areas containing controlled substance drugs, but which do maintain controlled substances for inpatient use at nursing stations or in emergency medication supplies.

6. The administrator or the consultant pharmacist of the nursing home may sign the application for a controlled substance registration issued by the Board. The nursing home shall have policies and procedures for the security, control, and disposal of any controlled substances at the facility. A pharmacist shall not serve as a consultant to a nursing home which does not have a Controlled Substance Registration with the Mississippi Board of Pharmacy.

7. When requested by an agent of the Board of Pharmacy, evidence of a Controlled Substance Registration issued by the Board, all controlled substances, all areas where controlled substances are maintained, and all required controlled substance records shall be made available for inspection.

ARTICLE XVII REQUIREMENTS OF CONTROLLED SUBSTANCES PRESCRIPTIONS

Before they may be dispensed by a pharmacist, all prescriptions for controlled substances shall be dated and signed on the day when issued and shall bear the name and address of the patient and the name, address and registration number of the prescriber. The prescription must bear an original signature of the prescriber, facsimile stamps are not acceptable. The signature requirement does not apply to Schedule III, IV or V prescriptions which are transmitted orally or electronically by the prescriber or his authorized agent to the pharmacist. Electronically transmitted orders for controlled substances must comply with DEA regulations.

ARTICLE XVIII DISPENSING OF CONTROLLED SUBSTANCES

1. A controlled substance in Schedule II, III, IV or V, which is a prescription drug, shall not be dispensed without a valid prescription or a valid order.

2. A controlled substance in Schedule V which is not a prescription drug may be dispensed pursuant to a valid prescription or it may be dispensed without a prescription provided that: A. The substance is dispensed by a pharmacist. The pharmacist shall be responsible for the record keeping of the dispensing. B. No more than 120cc (4 ounces) is dispensed to the same purchaser or for the same person in any given 72 hour period. C. No more than two (2) sales in any seven (7) day period and no more than three (3) sales in any thirty (30) day period of any non-prescription controlled substance is made to the same purchaser or made for the same person. Additional sales shall be by prescription only. D. The substance is dispensed bearing a label which contains the expiration date and any other information needed by the consumer for the safe and effective use of the substance. E. The substance is dispensed for a bona fide medical need and the purchaser furnishes information to the pharmacist which establishes a bona fide need for the controlled substance. F. The purchaser furnishes to the pharmacist identification which shall include the purchaser's name, address and date of birth. The purchaser must be at least eighteen (18) years of age. G. A bound record book is maintained which contains the name and address of the purchaser, name and quantity of controlled substances sold, date of each sale, initials of the dispensing pharmacist, and the legible signature of the purchaser. This book shall be maintained for a period of two (2) years form the date of the last transaction and must be made available for inspection and copying by agents of the Mississippi Board of Pharmacy. 3. A prescription for an anorectic and/or central nervous system stimulant classified in Schedule II which is written for the treatment of obesity is not a valid prescription.

ARTICLE XIX DISPENSING OF SCHEDULE II CONTROLLED SUBSTANCES

1. A pharmacist may dispense a Schedule II controlled substance only pursuant to a valid written prescription/order signed by the prescribing practitioner except as described as follows: A. When a Schedule II controlled substance is needed in a situation in which a written prescription cannot reasonably be obtained it may be considered an emergency situation and a pharmacist may dispense a Schedule II controlled substance pursuant to an oral prescription of a practitioner. A Schedule II controlled substance prescription given in this manner shall be reduced to writing by the pharmacist and shall be for a quantity of medication sufficient for the emergency period, not to exceed 48 hours. Within seven (7) days of the receipt of an oral prescription for a Schedule II controlled substance, the pharmacist shall obtain a prescription signed by the prescribing practitioner for the medication dispensed. This prescription shall be attached to the copy of the prescription prepared by the pharmacist pursuant to the

prescriber's oral order. B. A prescription for a controlled substance in Schedule II may be transmitted from the prescribing practitioner to a pharmacy via facsimile provided the original signed prescription is presented to the pharmacist for review prior to dispensing of the controlled substance. The original prescription shall be maintained in accordance with ARTICLE XIII of these regulations. C. A prescription/order written for a Schedule II controlled substance to be compounded for direct administration to the patient by parenteral, intravenous, subcutaneous or intraspinal infusion may be transmitted directly from the prescribing practitioner to a pharmacy by facsimile. The facsimile serves as the original prescription for purposes of this ARTICLE and it shall be maintained in accordance with ARTICLE XIII of these regulations. D. A prescription/order written for a Schedule II controlled substance for a resident of a long term care facility or for a patient in a hospice certified by Medicare under Title XVIII or licensed by the state may be transmitted directly from the prescribing practitioner to a pharmacy by facsimile. The facsimile serves as the original prescription for purposes of this ARTICLE and should be filed in accordance with ARTICLE XIII of these regulations.

2. A prescription for a controlled substance in Schedule II may not be refilled. In accordance with current DEA requirements, a pharmacist may dispense up to a ninety (90) day supply of a Schedule II controlled substance pursuant to multiple prescriptions signed on the date of issuance which indicate a “DO NOT FILL BEFORE” date listed elsewhere on the prescription document. Schedule II controlled substances shall not be dispensed for a patient with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber would indicate unless circumstances are documented which would justify a shorter interval of time. Schedule II prescriptions shall not be filled after six (6) months from the date of issuance.

ARTICLE XX PARTIAL FILLING OF SCHEDULE II PRESCRIPTIONS Partial filling of Schedule II controlled substance prescriptions shall be as follows: 1. Partial Fills: A prescription for a controlled substance in schedule II may be partially filled if: a. it is not prohibited by Mississippi law; b. the prescription is written and filled in accordance with United States Code, Title 21, Chapter 13, Subchapter 1, any regulations prescribed by the United States Attorney General, and Mississippi law; c. the partial fill is requested by the patient or the practitioner that wrote the prescription; and d. the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed.

2. Remaining portions a. In general, except as provided in subparagraphs b and c, the remaining portions of a partially filled prescription for a controlled substance in schedule II: i. May be filled; and ii. Shall be filled not later than thirty (30) days after the date on which the prescription is written. b. In emergency situations, as described in 21 U.S.C. §829 (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II: i. May be filled; and ii. Shall be filled not later than seventy-two (72) hours after the prescription is issued. c. If the patient is terminally ill or a long term care facility patient, the remaining portions of a partially filled prescription for a controlled substance in schedule II: i. May be filled; ii. Shall be filled not later than sixty (60) days after the prescription is issued; and iii. The prescription must comply with the provisions of Title 21, Chapter 2, CFR 1306.13.

ARTICLE XXI SCHEDULE III, IV AND V PRESCRIPTIONS NOT TO BE FILLED AFTER SIX MONTHS

A prescription for a controlled substance in Schedules III, IV and V may not be filled or refilled after six (6) months from the date of issuance of the prescription or be refilled more than five (5) times for the full amount prescribed.

ARTICLE XXII RECORDING REFILLS AND PARTIAL FILLING OF SCHEDULE III, IV, AND V PRESCRIPTIONS

1. Partial filling or refilling of prescriptions for controlled substances in Schedules III, IV, or V is permitted provided the pharmacist filling or refilling the prescription sets forth the quantity dispensed, the date and his/her initials or identifying code as the dispensing pharmacist on the prescription or on some other uniformly maintained record system. If a manual record is maintained on the original prescription document, the original dispensing and any refill must be recorded on the back of the prescription. The total quantity of dosage units authorized on the prescription may be dispensed by partial filling or refilling of the prescription provided the dispensing is done within six (6) months of the date the prescription was issued.

2. If the pharmacist records the refill without specifying the quantity of drug dispensed, he/she shall be deemed to have dispensed a refill for the full face amount of the prescription.

ARTICLE XXIII RECORD KEEPING ON CONTROLLED SUBSTANCES

1. Every facility permitted by the Board of Pharmacy shall keep complete and accurate records of the acquisition and disposition of all controlled substances. Records of acquisition must be maintained for a period of two (2) years. Records of disposition must be maintained for a period of six (6) years.

These records shall include: A. A current dated and signed inventory of all controlled substances on hand on the inventory date; B. Complete and accurate records of receipt of all controlled substances; C. Complete and accurate records of disposition of all controlled substances.

These records shall be kept in such a manner that an audit will show the beginning inventory and record of acquisition of controlled substances to balance with the controlled substances on hand and the record of disposition of controlled substances.

2. Unless authorized by the Federal Drug Enforcement Administration to maintain records of controlled substances at a location other than the location permitted by the Mississippi Board of Pharmacy, these records shall be maintained at the permitted location. All records pertaining to controlled substances shall be made available for inspection and copying by agents of the Mississippi Board of Pharmacy. A pharmacy may use a data processing system or a manual record keeping system for the storage and retrieval of all prescription order information. A hard copy of original prescriptions, whether records are maintained manually or in a data processing system, shall be maintained and filed in accordance with the provisions of ARTICLE XIII of these regulations.

All records of controlled substances in Schedule II shall be maintained separately from all other records of the registrant. All records of controlled substances in Schedule III, IV and V, whether maintained manually or in a data processing system, shall be maintained separately or in such a manner that they are readily retrievable from the other business records. Invoices for controlled substances shall be dated and initialed by the person receiving the order.

3. If a pharmacy utilizes a data processing system it must provide immediate retrieval of original prescription order information for those prescription orders which are currently authorized for refilling and of the refill history for the past six months for controlled substances prescription orders. The data processing system must have the capability of producing a hard copy printout of this information. The data processing system must also have the capability of producing a hard copy printout of all dispensing information required to be kept by the pharmacy, including an audit trail for any specified strength and dosage form of any controlled substance either by brand name or generic name or both for any time period in the prior two (2) years. The audit trail specified by this Article must be produced on verbal or written request of any Compliance Agent of the Board. Failure to

produce and provide this audit trail within twenty-four (24), constitutes prima facie evidence of failure to keep and maintain records as defined in paragraph 1., C., of this ARTICLE.

The records of controlled substances in Schedules II, III, IV and V, which are maintained in a data processing system shall be maintained as follows: A. The following information pertaining to the initial dispensing of the prescription shall be entered into the data processing system: (1) Prescription number; (2) Date of initial dispensing; (3) Name and address of patient; (4) Prescribing practitioner's name and DEA registration number; (5) The name, strength, dosage form and quantity of the controlled substance ordered and dispensed; (6) Total number of refills authorized; and, (7) The initials or identifying code of the dispensing pharmacist. B. Additionally, the following information pertaining to the refilling of the prescription shall be maintained by the data processing system: (1) The date of the refill dispensing, and the total number of refills dispensed to date, or the total number of refills remaining for that prescription order; and, (2) The initials or identifying code of the dispensing pharmacist;

4. A permanent record of the dispensing of all controlled substances shall be made and maintained as follows: A. Each time a prescription is filled or refilled a record of such filling shall be entered into the data processing system. A hard-copy printout containing only the dispensing record of original filling of Schedule II controlled substance prescriptions and the record of original filling and the refill history for Schedule III, IV or V controlled substance prescription orders shall be produced daily, or at regular intervals, not to exceed seven (7) days. These hard-copy printouts shall be filed chronologically and stored in an orderly manner in a separate file at the pharmacy and be maintained for a two-year period from the date of the last dispensing. The hard-copy printout shall include: (1) Prescription number; (2) Name of the patient; (3) The prescribing practitioner's name; (4) The name, strength, dosage form and quantity of the controlled substance dispensed; (5) Number of refills originally authorized; (6) Date of initial dispensing if an original prescription or if a refill, the date of refilling and the date of initial dispensing, and the total number of refills dispensed to date or the total number of refills remaining for that prescription order; and, (7) The initials or identifying code of the dispensing pharmacist.

(8) Hard copy printouts shall only contain information regarding prescriptions dispensed. B. The hard copy printout containing the information required by this paragraph shall be signed and dated by the pharmacist who produces the printout. The signature of the pharmacist on the printout shall serve as verification by that pharmacist that the information contained on the printout is complete.

5. A record of all controlled substance dispensing information shall be transmitted to the Prescription Monitoring Program on a time basis determined by the program by all pharmacies dispensing controlled substances (greater than a 48 hours supply) on an out-patient basis for the purpose of tracking the dispensing of Schedules II, III, IV and V controlled substances by the Prescription Monitoring Program. Dispensers will be required to collect and transmit the following information:

(A) The recipient’s name. (B) The recipient’s or the recipient representative’s identification number. (C) The recipient’s date of birth. (D) The national drug code (NDC) number of the controlled substance dispensed. (E) The date the controlled substance is dispensed. (F) The quantity of the controlled substance dispensed. (G) The number of days supply dispensed. (H) The dispenser’s NABP or NCPDP registration number. (I) The prescriber’s U. S. DEA registration number. (J) The method of payment of the prescription purchase.

6. Records of controlled substances in Schedule III, IV and V which are maintained manually shall be maintained as follows: A. A pharmacist, who fills or refills a prescription for a controlled substance in Schedule III, IV or V, must enter on that prescription or some other uniformly maintained record system, his/her initials or identifying code as the dispensing pharmacist, the date the prescription was filled or refilled and the quantity of the controlled substance dispensed if different from the original quantity prescribed.

If this record is maintained on the original prescription document, the original dispensing must be recorded on the face of the prescription and any refills must be recorded on the back of the prescription. B. Original prescription documents shall be filed and maintained in accordance with the provisions of ARTICLE XII of these regulations.

For purposes of this ARTICLE, "hard-copy" means a physical document that is readable without the use of a special device (i.e., cathode ray tube, microfiche reader, etc.).

ARTICLE XXIV SECURITY OF CONTROLLED SUBSTANCES

1. In all places where controlled substances are maintained, they shall be maintained in a manner to deter loss by theft or burglary. When a person who has a controlled substances registration with the Board of Pharmacy has a loss of controlled substances, the Board may issue an order to that person to appear before the Board to present a plan to the Board designed to prevent further loss of controlled substances or he/she may be ordered by the Board to implement any other reasonable measure to improve security on controlled substances deemed necessary by the Board to prevent further loss of controlled substances.

2. Storage of controlled substances shall be as follows: A. In a pharmacy, storage of controlled substances in any schedule may be made in a securely locked, substantially constructed container or area; or they may be dispersed throughout the stock of non-controlled substances in such a manner as to obstruct the theft or diversion of the controlled substances; or they may be stored by a combination of these methods.

When an institutional pharmacy dispensing area is closed and the permitted location is accessible to non-pharmacist personnel all controlled substances must be stored in a securely locked, substantially constructed container or area. Only the pharmacist or person authorized by the pharmacist shall have access to this storage area. Authorization for access to this controlled substances storage area may be granted by the pharmacist in accordance with written policy of the pharmacy department of the facility. B. In a nursing home or other institution which does not maintain a pharmacy, a securely locked, substantially constructed area shall be provided for storage of all controlled substances. Controlled substances left by the death or discharge of a patient shall be maintained in the drug storage area of the institution until proper disposition of such controlled substances is made. Controlled substances thus maintained in the drug storage area shall be kept in a locked cabinet, drawer, or other suitable locked container and only the consultant pharmacist or a person designated by the consultant pharmacist shall have access to the container. C. Expired medication must be secured.

ARTICLE XXV INVENTORY REQUIREMENTS FOR CONTROLLED SUBSTANCES

1. If a facility has a loss of controlled substances, a complete inventory of all remaining controlled substances shall be made within forty-eight (48) hours of discovery of the loss of controlled substances. This inventory shall be dated and signed by the pharmacist conducting the inventory. Any loss or suspected loss of controlled substances shall be reported directly to the Mississippi Board of Pharmacy immediately upon discovery and a written report made to the Mississippi Board of Pharmacy within fifteen (15) days; this written report shall include a copy of the inventory required by this ARTICLE.

2. When a facility has a change in ownership or a change in pharmacist-in-charge, or is permanently closed, a complete inventory shall be made of all controlled substances at the time of the change. A copy of this inventory shall be kept with other records of controlled substances in the facility and a copy shall be sent to the office of the Board of Pharmacy. When a facility is permanently closed, the pharmacist-in-charge shall notify the Board in writing within fourteen (14) days by what means and as to whom controlled substances were transferred or disposed of.

3. Every facility permitted by the Mississippi Board of Pharmacy shall take an annual inventory of all controlled substances on hand on or about May 1 but no later than May 15. A facility may conduct the controlled substance inventory at another date so long as the annual inventory is conducted during the same period each year. This inventory shall be maintained with the other controlled substance records of the facility.

ARTICLE XXVI DISPOSAL OF CONTROLLED SUBSTANCES

1. Any registrant of the Board authorized to possess controlled substances in the course of their professional practice or the course of their business may dispose of any expired, excess or unwanted controlled substances by contacting and utilizing the services of a reverse distributor as defined by the Federal Drug Enforcement Administration. Any such reverse distributor must hold a valid Certificate of Registration Number issued by the Federal Drug Enforcement Administration and the Mississippi Board of Pharmacy. All records of the disposal of controlled substances shall be maintained for a period of two (2) years.

2. An institution permitted or registered by the Mississippi Board of Pharmacy in which controlled substances are administered to patients, may make on-premises destruction of controlled substances provided: A. The controlled substance is the remainder of a prepackaged single dosage unit or unit of use.

B. At least part of the unit dose or unit of use was administered. C. The destruction is recorded showing: (1) The name of the drug; (2) The amount of the drug which was administered and the amount of the drug which was destroyed; (3) The time and the date of destruction; (4) The name of the patient; (5) The room number of the patient; (6) The name of the person administering the drug; (7) The signature of the person (pharmacist or nurse) making the destruction; (8) The signature of a second person who witnessed the destruction. D. The record of the destruction is maintained by the facility. E. A single dosage unit or any unit of use of a controlled substance which (1) is broken, (2) becomes contaminated, (3) or for any reason cannot be used, must be returned to the control of the pharmacy for proper disposal. When it is not possible to return a broken or contaminated or unwanted dosage unit or unit of use to the pharmacy, documentation of the loss may be substituted. Broken or contaminated single dosage units or units of use returned to the pharmacy for destruction may be destroyed on premise provided the destruction is documented.

3. If for any reason a registrant is unable to dispose of excess or undesired stock of controlled substances under other provisions of this ARTICLE, the registrant may contact the Board of Pharmacy and the disposal shall be made as follows:

An agent of the Pharmacy Board shall obtain an inventory of the controlled substances to be disposed of and make two (2) copies of this inventory. The first copy of this inventory shall be retained by the Pharmacy Board; the second copy shall be given to the registrant. After complying with this inventory requirement, the agent of the Pharmacy Board shall take possession of the controlled substances. The controlled substances thus taken by the Pharmacy Board Agent shall be placed in a sealed container and labeled with the date and the name and address of the registrant and stored by the Board of Pharmacy until such time as they are disposed.

4. Except as provided for in this ARTICLE, no controlled substance may be destroyed or disposed of by a registrant without written permission of the Regional Director of the Federal Drug Enforcement Administration.

ARTICLE XXVII NUCLEAR/RADIOLOGIC PHARMACY

Section 1. Purpose and Scope.

The Practice of Nuclear/Radiologic Pharmacy is hereby recognized as a specialty of Pharmacy practice, regulated by the State Boards of Pharmacy. As such, the following rules are included to address those areas specific or unique to this specialty practice.

Nuclear/Radiologic Pharmacy Practice refers to a patient oriented service that embodies the

scientific knowledge and professional judgment required to improve and promote health through the assurance of the safe and efficacious use of radiopharmaceuticals and other Drugs.

Section 2. Definitions. (a) “Authentication of Product History” means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical. (b) “Internal test assessment” means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test. (c) “Nuclear pharmacy” means a Pharmacy providing radiopharmaceutical services or, an appropriate area of any Institutional Facility. These services include but are not limited to storing, preparing, compounding, dispensing, labeling or distributing radiopharmaceuticals. (d) “Authorized Nuclear Pharmacist” (NP) means a currently licensed pharmacist in the state of Mississippi who is licensed by the Mississippi State Department of Health, Division of Radiological Health or by a certification Board recognized by the State Board of Pharmacy, or who meets the following standards: (1) Minimum standards of training for "authorized user status" of radioactive materials as defined by Mississippi State Department of Health, Division of Radiological Health; (2) Completed a minimum of two hundred (200) contact hours of instruction in nuclear pharmacy and the safe handling and the use of radioactive materials from a program approved by the Mississippi Board of Pharmacy or the United States Nuclear Regulatory Commission or Agreement State Agency, with emphasis in the following areas: (i) Radiation Physics and Instrumentation; (ii) Radiation Protection; (iii) Mathematics of Radioactivity; (iv) Radiation Biology; (v) Radiopharmaceutical Chemistry. (3) Attained a minimum of five hundred (500) hours of clinical nuclear pharmacy training under the supervision of an authorized nuclear pharmacist. (e) “Radiopharmaceutical Quality Assurance” means, but is not limited to, the performance of appropriate chemical, biological and physical tests on potential radiopharmaceuticals and the interpretation of the resulting data to determine their suitability for use in humans and animals including internal test assessment, authentication of product history and the keeping of proper records. Assurance that variances in the processes are clearly identified, assessed and improved upon if necessary is required for adequate quality control. All quality control procedures must be a set of planned, defined, and systematic activities to provide adequate confidence that the product optimally fulfills professional expectations and requirements. (f) “Radiopharmaceutical Service” means, but shall not be limited to the procurement, storage, handling, compounding, preparing, Labeling, quality assurance testing, Dispensing, Delivery, recordkeeping, and disposal of radiopharmaceuticals and other drugs. (g) “Radiopharmaceuticals” are radioactive drugs as defined by the Food and Drug Administration and the Mississippi State Board of Pharmacy. (h) Practice of Nuclear Pharmacy means a patient oriented service that embodies the scientific knowledge and professional judgment required to improve and promote health through the assurance of the safe and efficacious use of radiopharmaceuticals and other related drugs.

(i) Nuclear Pharmacy Technician (NPT) means a person who works under the supervision of an Authorized Nuclear Pharmacist, who is currently registered with the Mississippi Board of Pharmacy, and has successfully completed a training program affiliated with a public/private learning institution or a company sponsored Nuclear Pharmacy Technician training program. (j) Protocol Order is an order for a prescription diagnostic radiopharmaceutical that an Authorized User Physician has instituted at his/her institution or clinic via a written order/protocol for specific drug products for diagnostic use. This type of protocol order is analogous to a refill order, and therefore can be taken by a nuclear pharmacy technician. Therapeutic agents do not qualify as medication reorders. (k) STAT/Emergency Order means an order or protocol order that must leave the nuclear pharmacy in less than 60 minutes or as fast as reasonably achievable. (l) Therapeutic Order means a prescription drug order that is intended to treat an illness or condition of a patient and requires pharmacist judgement and therefore should be discussed with an ANP prior to order entry. Therapeutic Orders cannot be taken by an NPT.

Section 3. General Requirements for Pharmacies Providing Radiopharmaceutical Services. (a) Nuclear Pharmacy License. A license to operate a pharmacy providing radiopharmaceutical services shall only be issued to an Authorized Nuclear Pharmacist. All personnel performing tasks in the preparation and distribution of radioactive Drugs shall be under the direct supervision of an Authorized Nuclear Pharmacist. An Authorized Nuclear Pharmacist shall be responsible for all operations of the Pharmacy and shall be in personal attendance at all times that the Pharmacy is open for business. In the event an ANP has to leave the pharmacy while the Pharmacy is open for business, the restricted area and all prescription products have to be secured from unauthorized access (b) Nuclear pharmacies shall have adequate space and equipment, commensurate with the scope of services required and provided, meeting minimal space requirements established for all pharmacies in the State or as otherwise defined by the Mississippi State Board of Pharmacy. (c) The Nuclear Pharmacy area shall be secured from unauthorized personnel. (d) Nuclear pharmacies shall maintain records of acquisition, inventory, and disposition of all radioactive Drugs and other radioactive materials, in accordance with guidelines established by the Mississippi State Department of Health, Division of Radiological Health. (e) All pharmacies handling radiopharmaceuticals shall provide a radioactive storage and product decay area in accordance with guidelines established by the Mississippi State Department of Health, Division of Radiological Health. Detailed floor plans shall be submitted to the State Board of Pharmacy and the Mississippi State Department of Health, Division of Radiological Health before approval of the license. (f) Radiopharmaceuticals are to be Dispensed only upon receipt of a Prescription Drug Order or protocol order, from an Authorized User authorized by the Nuclear Regulatory Commission and/or the Mississippi State Department of Health, Division of Radiological Health to possess, use, and administer such drug. (g) Otherwise, a radiopharmaceutical may be transferred to a person who is authorized by federal or state law to possess and use such drug for non-medical applications and are exempt from the electronic ordering clause. (h) All prescriptions/orders shall be readily retrievable if requested by any governing agency. (i) The permit to operate a Nuclear Pharmacy is conditioned upon an approved State Radiation

Control Agency (RCA) or NRC license. Copies of the RCA or NRC inspection reports shall be made available upon request for Board inspection. (j) Labeling (1) No radiopharmaceutical may be Dispensed unless a label is affixed to the immediate container bearing the following information: (i) the standard radiation symbol; (ii) the words “Caution—Radioactive Material”; (iii) for all therapeutic and blood-products, the patient name/identifier; (iv) the patient name or “per physician order” (v) the prescription number. (2) No radiopharmaceutical may be Dispensed unless a label is affixed to the outer or Delivery container bearing the following information; (i) the standard radiation symbol; (ii) the words “Caution—Radioactive Material”; (iii) for all therapeutic and blood-products, the patient name/identifier; (iv) the radionuclide and chemical form; (v) the radioactivity and date and time of calibration; (vi) the volume or number of units dispensed (e.g., 2 capsules), as applicable; (vii) product expiration or BUD, as applicable, and any special storage and handling instructions for non-immediate use (e.g., refrigeration resuspension); (viii) the prescription number; (ix) the patient name provided by the entity ordering the drug. If no patient name is given then the words, “per physician order” shall appear on the prescription. (x) the name and address of the nuclear Pharmacy; (xi) the name of the Practitioner; and (xii) the lot number of the prescription.

Section 4. Other requirements

(a) All Nuclear/Radiologic Pharmacies shall also adhere to the principles outlined in the Rules for Pharmacist Care as these pertain to the practice of Nuclear Pharmacy. (b) Radiopharmaceuticals shall only be handled in conformity with the standards of USP General Chapter <825> Radiopharmaceuticals – Preparation, Compounding, Dispensing, and Repackaging unless stated otherwise in this ARTICLE. (c) When a radiopharmaceutical is dispensed under the authority of an Investigational New Drug Application (IND) the nuclear pharmacy records shall include an investigator's protocol for the preparation of the radiopharmaceutical, a copy of the Institutional Review Board approval form or letter, and a letter from the manufacturer (sponsor) indicating that the physician requesting the radiopharmaceutical is a qualified investigator. (d) A pharmacy exclusively handling radiopharmaceuticals may be exempt from the general requirements of conventional pharmacies as regards to equipment and inventory. (e) Written procedure and policy showing proof of adequate space and equipment for all operations involving radioactive material must be submitted to the Mississippi Board of Pharmacy along with a certified copy of the RADIOACTIVE MATERIALS LICENSE issued by the Mississippi State Department of Health, Division of Radiological Health,

before a permit to operate as a Nuclear Pharmacy is issued. Compliance with applicable radiation protection regulations of the Mississippi State Department of Health, Division of Radiological Health is further required. Violation of rules and regulations established by the Mississippi State Department of Health, Division of Radiological Health that directly affects public health and safety, shall serve as prima facie evidence of violation of this ARTICLE.

ARTICLE XXVIII REGULATIONS FOR PREPARATION OF STERILE PHARMACEUTICALS

REPEALED Effective 08/30/2018 ARTICLE XXIX REGULATIONS GOVERNING INSTITUTIONAL PHARMACY

1. APPLICABILITY: The following rules and regulations are applicable to all pharmacies classified and authorized by permit to operate as institutional pharmacies. All rules, regulations and laws which pertain to the practice of pharmacy in the retail setting shall be applied to those aspects of institutional practice which handle, prepare and dispense medications for use outside the confines of the institution, except that none shall be construed to prohibit the extension of a formulary system to outpatient dispensing.

2. REGISTRATION: No institutional pharmacy shall be operated before it has been registered with the Mississippi Board of Pharmacy and received an Institutional Permit in conformity with the requirements of ARTICLE VI of the regulations of the Mississippi Board of Pharmacy.

3. PERSONNEL: A. Director. The Director of Pharmacy shall be responsible for the safe and efficient distribution, control, and accountability for drugs. The responsibilities of the director shall include being responsible for and developing policies and procedures for the following: (1) Preparation of sterile medications prepared within the institutional facility; (2) Admixture of parenteral products; (3) Compounding of drugs, solutions, ointments, lotions, etc.; (4) To assure that no legend medication shall be stored in patient care areas except upon the approval of the Director of Pharmacy; (5) Establishment of specifications for procurement of all materials, including drugs, chemicals and biologicals, subject to approval of the appropriate committee of the institutional facility; (6) Participation in the development of a formulary for the institutional facility where applicable; (7) Dispensing of all drugs dispensed within the institutional facility; (8) Filling and labeling of all containers from which drugs are to be administered; (9) Maintenance of a sufficient inventory of antidotes and other emergency drugs, both in the Pharmacy and in-patient care areas, together with current antidote information, telephone numbers of regional poison control centers and other emergency assistance organizations, and such other materials and information

as may be deemed necessary by the appropriate committee of the institutional facility, if any; (10) Maintenance of records of all transactions of the institutional pharmacy as may be required by applicable law, state and federal, and as may be necessary to maintain accurate control and accountability for all pharmaceutical materials; (11) Be responsible for "controlled substances" within the institution from the time of purchase until they have been administered to the patient; although individual pharmacists involved in handling controlled substances share responsibility for control of these drugs; (12) Assure that all drugs shall be stored in areas within the institutional pharmacy and satellite storage areas to provide proper sanitation, temperature, light, ventilation, moisture control, segregation and security; that alcohol and flammables shall be stored in areas separate and apart from areas used for storage, compounding or dispensing; that disinfectants and drugs for external use are stored separately and apart from drugs for internal use or ingestion; that outdated or other unusable drugs are identified and stored in a manner that will prevent their distribution or administration prior to disposition; that emergency drugs are in adequate and proper supply at designated locations; (13) Assure that all areas occupied by the institutional pharmacy shall be capable of being locked to prevent unauthorized access, and that all areas where drugs are stored or dispensed shall be locked in the absence of pharmacy personnel; (14) An institutional pharmacy shall have sufficient floor space allocated to it to assure that drugs are prepared in sanitary, well-lit and enclosed places; (15) All drugs dispensed by an institutional pharmacy intended for in-patient use shall be dispensed in appropriate containers and shall be adequately labeled so as to identify, at a minimum, brand or generic name, strength, acceptable route(s) of administration (only if other than oral). The institution will maintain a system with control numbers that will allow for recall of medication products. When a formulary is maintained, a system shall be implemented to cross reference brand name and generic products, and parenteral products that contain added drugs shall be labeled with a distinctive supplementary label indicating the name and amount of the drug added, expiration time, and name of person responsible for compounding the admixture, and all drugs dispensed by an institutional pharmacy for out-patient consumption shall comply with ARTICLE XIV; (16) Insure that discontinued and outdated drugs are returned to the pharmacy for proper disposition together with containers with worn, illegible or missing labels. The director or his designee shall properly dispose of such drugs; (17) Drugs shall be dispensed from the institutional pharmacy only upon receipt of a written or oral order or a direct copy thereof. These may be in the form of carbon, NCR or electronically transmitted orders (facsimile or computer generated). Orders shall be reviewed by a pharmacist before the medication is initially dispensed except in emergencies or when a pharmacist is unavailable. Medication orders must be reviewed by a pharmacist within 24 hours or as soon thereafter as possible. This regulation shall not be construed to prevent the distribution of drugs for floor stock. Medication orders shall contain: patient name and room number, drug name, strength, dosage, directions for use, date

and the signature of the practitioner or an authorized representative; (18) Ensure that all requirements of the Controlled Substances Act of 1970 and the requirements set forth in the regulations of the Mississippi Board of Pharmacy in the purchasing, storing, distribution, dispensing, record keeping and disposal of controlled substances are met throughout the institution. The director or his designee shall establish policies and procedures for the control of these drugs at all times, including those instances when drugs are stored in surgery departments, nursing stations, ambulatory clinics, diagnostic laboratories, etc. Periodic (at least monthly) inspections of the proper storage of these drugs in other areas of the institution is required and deficiencies must be corrected.

When controlled substances are stored in areas of the institution outside the pharmacy, the director shall assure that these drugs are inaccessible to unauthorized personnel.

Records of the administration of controlled substances shall be maintained for a period of not less than two years. Documentation of administration shall include the patient's name, medication, dosage, prescriber, the name of the person administering the drug and the date and time of administration.

A perpetual inventory shall be maintained on Schedule II controlled drugs. A perpetual inventory may be maintained on Schedule III, IV and V controlled drugs. If a perpetual inventory is not maintained on Schedule III, IV and V controlled drugs in the pharmacy, there must be the capability of a computer generated audit trail. Inventory audits shall be performed on a routine (at least daily) basis at all areas where controlled drugs are stocked outside the pharmacy. Records of periodic audits shall be maintained and made available for inspection by an agent of the Mississippi Board of Pharmacy; and (19) Employment of pharmacy technicians as required to operate such pharmacy competently, safely and adequately to meet the needs of the patients of the institution; that no pharmaceutical services shall be provided by pharmacy technicians unless supervised by a pharmacist. It has been determined by the Board that three (3) technicians on duty performing technician related work directly related to the dispensing of medications are sufficient for each licensed pharmacist on duty.

4. ABSENCE OF PHARMACIST

A. General. During such times as an institutional pharmacy may be unattended by a pharmacist, arrangements shall be made in advance by the director for provision of drugs to the medical staff and other authorized personnel of the institutional facility. The pharmacist shall provide on-call services at all times. B. Access to Drugs. In the absence of a pharmacist, access shall be by locked cabinet(s) or other enclosure(s) constructed and located outside of the pharmacy area, to which only specifically authorized personnel may obtain access and which is sufficiently secure to deny access to unauthorized persons. The director shall develop inventory listings of those drugs to be included in such area(s) and shall assure that:

(1) Such drugs are available therein, properly stored and labeled; (2) Only pre-packaged drugs are available therein, in amounts sufficient for immediate therapeutic requirements; (3) Each pre-packaged drug stored outside of the pharmacy area shall be assigned a "par value" and each addition or withdrawal by authorized persons shall be properly documented. Pharmacy personnel shall audit these areas on a regular basis no less than once per month; (4) Written policies and procedures are established to implement the requirements of this Subsection B. C. Access to Pharmacy. Whenever any drug is not available from floor supplies or other storage areas and such drug is required to treat the immediate needs of a patient whose health would otherwise be jeopardized, such drug may be obtained from the pharmacy in accordance with the requirements of this subsection. Only designated nurses in any one shift may be given access to the pharmacy and may remove drugs therefrom.

Nurses allowed access to the pharmacy shall receive thorough education and training in the proper methods of access, removal of drugs and records and procedures by the Director of Pharmacy, who shall require at a minimum, the following: (1) In the absence of a pharmacist, nursing staff may withdraw a single dose of medication at a time for administration to a patient. (2) Removal of any drug from the pharmacy by an authorized nurse must be recorded on a suitable form showing patient name and room number, name, strength and amount of drug, date, time and signature of nurse; (3) The completed form and a copy of the practitioner's order shall be placed conspicuously so they will be found by a pharmacist and verified promptly; (4) The director or his pharmacist designee shall check and initial the order. D. Emergency Medication Supplies. (1) Pharmacy. All emergency medication supplies shall be maintained by a pharmacist; (2) Drugs Included. The pharmacist and the appropriate committee of the institutional facility shall jointly determine the drugs, by identity and quantity, to be included in emergency medication supplies. (3) Storage. Emergency medication supplies shall be stored in areas suitable to prevent unauthorized access and to assure a proper environment for preservation of the drugs within them. All emergency medication supplies shall be sealed with a mechanism that must be broken if the container is opened and that will thereby reveal any unauthorized or undocumented access to emergency supplies. All emergency kit drugs shall be provided and sealed by a pharmacist; (4) Labeling - Exterior. The exterior of the emergency medication supplies shall be labeled so as to clearly indicate that it is an emergency medication supply and it is for use in emergencies only; and in addition, the exterior shall indicate the expiration date of the supply, which shall be no later than the earliest expiration date of any drug contained therein, and in facilities operating with a part-time director, the name, address and telephone number of each supplying pharmacy or pharmacist. Upon the occurrence of an expiration date, the supplying pharmacist shall open the supply and replace expired drugs with current dated

drugs and reseal it; (5) Labeling - Interior. All drugs contained in emergency medication supplies shall be listed and properly labeled with any additional information as may be required by the medical staff of the institutional facility to prevent misunderstanding or risk of harm to the patients of the facility; (6) Notifications. Whenever an emergency medication supply is opened, the supplying pharmacist shall be notified and the pharmacist shall restock and reseal the supply within a reasonable time so as to prevent risk of harm to patients. In the event the supply is opened in an unauthorized manner, the pharmacist and other appropriate personnel of the facility shall be notified; (7) Inspection. Emergency medication supplies shall be routinely inspected. Procedures for the inspection shall assure that the medications are available, in date, properly stored and secured against pilferage or tampering; (8) Procedures. The supplying pharmacist shall, in conjunction with the medical staff of the institutional facility, develop and implement written policies and procedures to assure compliance with the provisions of this subsection.

5. DRUGS FROM OUTSIDE SOURCES

A. Outside Pharmacies. If drugs and/or pharmaceutical services are not available within the institution, they may be obtained from a pharmacist outside the institution provided arrangements shall be made to assure that such outside pharmacists provide services of sufficient quality to protect the safety of the patients and serve the needs of the facility. The pharmacist who develops procedures for these services shall act in the capacity of a (part-time) director (paragraph 4. A. above) and therefore shall make provisions at a minimum for: (1) On-call services at all times; (2) Adequate storage facilities for drugs; (3) Labeling of drugs that will assure that recall can be effected and proper control and supervision of such drugs may be exercised; (4) Written reports to the institution's administrator and/or the medical director as required by law, regulations or institutional policies and procedures. B. Patients. Whenever patients bring drugs into an institutional facility such drugs shall not be administered unless authorized by the attending practitioner and unless they can be accurately identified and their quality reasonably assessed. Identification of such drugs from outside sources must be conducted by a pharmacist. The director shall have policy and procedure for the return of patient medication brought into the facility. Drugs not returned to the patient or the patient's family may be disposed of within a reasonable number of days following discharge or death.

6. INVESTIGATIONAL DRUGS

Investigational drugs shall be properly labeled and a pharmacist will assure that procedures are followed regarding use of such medications. A central unit shall be maintained from which essential information regarding such drugs may be obtained. A central file of investigation drug fact sheets together with pertinent articles, correspondence and protocols shall be maintained.

7. UNIT DOSE DISPENSING SYSTEMS

Unit Dose Dispensing shall include a pre-packaging activity and an individual dose selection activity which may be performed within a pharmacy under the supervision of pharmacist according to the following guidelines: A. As far as practical, all medications shall be packaged for unit dose dispensing. Such containers shall be packaged for unit dose dispensing. Such containers shall be properly labeled with the name of the drug, dosage form and strength, lot number, expiration date, and the manufacturer's name when the unit dose packaging is not prepared in the institution. Institutions using pre-packaging logs and control procedures may record manufacturer's name and lot numbers in pre-packaging logs provided an institutional lot number is used which will reference such information. B. In-house packaging of drugs in unit dose packaging shall be accomplished in a manner that will allow recalls and establish responsibility for packaging and checking of the final product. In-house packaged unit doses shall conform to paragraph 7. A. C. Supervision of the compounding, packaging and dispensing of drugs in a total unit dose system shall be pharmacy based.

8. PHARMACY TECHNICIANS

In order to adequately protect the public health and promote the development of innovations in institutional pharmacy practice, pharmacy technicians may be employed subject to the following guidelines: A. Prohibited Acts. The following functions require the professional judgment of a pharmacist and may not be performed by pharmacy technicians: (1) Acceptance of oral prescriptions; (2) Certification of filled/finished prescription or drug orders; (3) Weighing or measuring active drug ingredients without a mechanism of verification; (4) Reconstitution of prefabricated medication without a mechanism of verification; (5) Verification of the constituents of final IV admixtures for accuracy, efficacy and patient utilization; (6) Entry of orders on patient medication profiles without verification by a pharmacist; (7) Provision of drug information that has not been prepared or approved by a pharmacist. B. Job Descriptions and Procedure Manuals. For each pharmacy technician a job description and procedures manual shall be prepared by the director or his designee. Activities to be specifically addressed shall include the role of the pharmacy technician in bulk compounding or reconstitution, pre-packaging and labeling of multi-dose and unit dose medication; distribution and administration of medication.

The procedures manual must further delineate that such employees may not perform these during such times as there is not a pharmacist in attendance. Job descriptions and procedures shall be on file at the pharmacy and shall be available at all times for review

by institutional personnel and the Board of Pharmacy.

It has been determined by the Board that three ( 3) technicians on duty performing technician related work directly related to the dispensing of medications are sufficient for each licensed pharmacist on duty. C. Performance by pharmacy technicians of tasks outlined in paragraph 8. A. above shall constitute the practice of pharmacy without a license in violation of the Mississippi Pharmacy Practice Act.

9. PROCEDURE MANUAL

Procedure Manual. The director shall be responsible for developing the necessary procedures to carry out the policies spelled out in these regulations and such other policies as may be appropriate to assure the public's health in the handling, storage and dispensing of pharmaceuticals in the institution. These procedures shall be available in a manual for Board of Pharmacy inspection. They shall be reviewed annually and updated as necessary.

10. INITIATION OR MODIFICATION OF DRUG THERAPY

Pharmacists may initiate or modify drug therapy after a written protocol indicating approval by a licensed practitioner has been placed on file at the institutions pharmacy. Such protocol must define the agreement by which the practitioner delegated prescriptive authority and the authority granted must be within the scope of the practitioner's current practice. Any modification shall be treated as a new protocol. A. Protocols shall include the following: (1) Identification of the practitioner and the scope of the practitioner's active practice; (2) Specifications of the type of prescriptive authority to be exercised which shall include a description of the types of medical conditions, drugs or drug categories, together with any special condition; (3) Mechanism for communication or feedback to the authorizing practitioner; (4) Documentation of the prescriptive activities performed; (5) Specification of the duration of the protocol agreement not to exceed two years; (6) Protocols must be signed by the authorizing practitioner.

11. PATIENT PROFILE

The Director shall develop a system of in-patient medication profiles whereby drug interactions, contraindications, incompatibilities and allergic reactions may be identified and prevented prior to dispensing a medication.

12. PHARMACEUTICAL CARE

The Director shall be responsible for the development of clinical pharmacy practice policies and procedures which provides optimum pharmaceutical care for in-patients. These programs should include drug therapy by a pharmacist and other pharmaceutical care services intended

to achieve outcomes which improve the patient's quality of life as it is related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.

Clinical pharmacy practice policy and procedures should include but is not limited to the following: A. Systems for monitoring and detecting drug interactions, contraindications, incompatibilities and allergic reactions; and B. Systems for monitoring dosages and serum blood levels of drugs for correct ranges where appropriate; and C. Systems for monitoring, detecting and reporting adverse drug reactions; and D. Systems for monitoring and evaluating therapeutic duplications; and E. Provision of drug therapeutic consultations and drug information by a pharmacist(s) to patients and health care providers.

ARTICLE XXX: LONG-TERM CARE FACILITIES (LTCF)

1. CONSULTING PHARMACISTS TO NURSING HOMES A. Unless specifically authorized by the Board, no person shall serve as a consultant pharmacist or act or purport to act in this capacity to any nursing home unless he/she possesses the following qualifications: (1) Have and maintain a license to practice pharmacy within the State of Mississippi; (2) Have attended within the last two years a training course of not less than eight (8) hours in LTC or geriatric related pharmacy services that has been approved by the Board of Pharmacy; (3) In order to be approved by the Board of Pharmacy, the training course for a consultant pharmacist shall provide instruction in the areas of clinical pharmacy services, drug distribution systems and state and federal pharmacy regulations governing the practice of long-term care pharmacy. B. For purposes of this ARTICLE, a Consultant Pharmacist shall mean a Mississippi licensed pharmacist who is responsible for developing, coordinating and supervising pharmaceutical services on a regularly scheduled basis in a LTCF, as well as the following responsibilities. (1) Reviewing policies and procedures regarding the distribution and storage of medications within the facility and as necessary making recommendations to the facility and provider pharmacist; (2) Monitoring utilization and therapeutic response of medications prescribed for and administered to residents of the facility as well as providing consultation on matters related to medications; (3) Serving as a resource for pharmacy related educational services within the facility; (4) Communication and discussion with the provider pharmacist regarding areas of concern and resolution thereof; (5) Serving on appropriate committees; (6) Supervising and assisting in the disposal of all discontinued, expired, or otherwise un- needed controlled substance medications; (7) Reviewing records of the destruction of all medications and verification of the reasons for destruction;

(8) Ensuring that complete and accurate records of the acquisition and disposition of controlled substance medications which have been dispensed for residents of the LTCF are maintained; (9) Attending, within the last two (2) years, a consultant pharmacist seminar which has been approved by the Board; (10) Maintain consultant pharmacist eligibility as described in Section 1. C. A LTCF which is permitted by the Board and where the services of a consultant pharmacist are required shall have the following responsibilities: (1) Policy Manual. The LTCF shall develop policies and procedures regarding pharmacy services which include, but are not limited to, proper labeling of patient medications and emergency drugs, security of patient medications and emergency drugs, administration and controlled substances record-keeping and accountability. This procedural manual shall be the responsibility of the facility and is to be promulgated with the concurrence of the consultant pharmacist, nursing home administrator and the directors of medical and nursing services. (2) Reference. Reference materials shall be readily available in the nursing stations(s) and contain current editions of appropriate reference materials as may be deemed necessary by the consultant pharmacist and the medical and nursing directors. (3) Reporting. The facility shall establish policies and procedures which assures that all medication errors and adverse drug reactions are reported immediately to the patient’s physician and the consultant pharmacist, and an entry made in the patient’s record. These procedures should assure that corrective measures are implemented. The consultant pharmacist should be notified within twenty-four (24) hours of discovery of any discrepancy in counts or of a loss of any controlled substances. The consultant pharmacist should notify the Board immediately upon his/her notification with a plan to investigate the loss. (4) Emergency Medication Kits. The institution shall establish policies and procedures which assure that the institution is in compliance with ARTICLE XXXV INSTITUTIONAL EMERGENCY MEDICATION KIT PERMITS (FIRST DOSE KITS) FOR LONG TERM CARE FACILITIES AND OTHER APPROVED INSTITUTIONAL FACILITIES of these Pharmacy Practice Regulations. (5) Disposal of Patient Medication. The LTCF, with the assistance of the consultant pharmacist shall establish policies and procedures which assures the proper disposal of any discontinued, expired, or otherwise unwanted patient medications. Policies and procedures should ensure that any medication removed subject to destruction does not have a current valid order for the medication on the patient’s medication profile. Policies and Procedures for disposal of these medications should include as follows: (a) All unwanted patient medications should remain in a secured location at the institution until proper disposal is made; (b) Documentation of any disposal of patient medications should include a paper trail from the time the medication was logged into the discontinued drug storage area until destruction is made. This paper trail shall include a log containing the patient name, medication and strength, and quantity to be destroyed as well as the initials of the person logging in the medication for destruction. This documentation should be stored at the institution and be readily retrievable for inspection by Board Agents for a period of two (2) years; (c) Discontinued and unwanted patient medications shall be destroyed on a timely basis not to exceed sixty (60) days from the date that the medication was discontinued. Any such destruction shall be performed by two licensed personnel and documented

by their signatures. The consultant pharmacist is valid personnel to participate in this activity. D. A consultant pharmacist shall document communication of the findings of his/her reviews to the attending physician and director of nursing along with their responses and maintain these records for a period of two (2) years. A copy of these reviews must be maintained at the facility and available for inspection.

2. UNIT DOSE DISPENSING FOR LTCF A. Definitions: For the purpose of this ARTICLE XXX, the following definitions apply: (1) “Provider pharmacist” means a pharmacist licensed to practice pharmacy by the Board who is responsible for supervising the accurate dispensing and proper delivery of medications to a LTCF located within this state. These services shall include, at a minimum, proper medication labeling, storage, transport, record keeping, and prospective drug utilization review in compliance with all federal, state and local laws and regulations. (2) “Provider Pharmacy” means any pharmacy permitted by the Board where medications are dispensed to residents of a LTCF located in this state. (3) “Unit dose package” is a package, which contains one dose of a medication for administration to a patient. A unit dose package may contain one or more individual units or fractions of units of a distinct medication. (4) “Unit of issue package” is a medication package issued by a provider pharmacy, which provides multiple units/dosages of medications attached to each other but separated in a card or a specifically designed container. (5) “Multi-dose strip packaging” (MDS) is a medication package issued by a provider pharmacy which provides multiple distinct medications to be administered at the same time. B. Packaging for all non-sterile medications stored and dispensed in single unit dose, unit dose, unit of issue or MDS packages for use in a LTCF shall: (1) Preserve and protect the identity and integrity of the drug medication from the point of packaging to the point of patient administration; (2) When packaged by the manufacturer or distributor, be in compliance with Federal Food and Drug Administration guidelines; (3) Shall be in containers clean and free of extraneous matter when the dosage unit(s) are placed into the package; (4) Utilize containers, which are classified according to USP Standard 671 as being Class A or Class B for oral solid dosage forms or tight containers for liquid dosage forms. C. Labeling for unit dose packaging or multi-dose strip packaging shall comply with the following; (1) When packaged by the manufacturer or distributor shall be properly labeled according to Federal Food and Drug Administration requirements; (2) Unit doses or multi-dose strip packaging packaged by the provider pharmacy shall be properly labeled according to ARTICLE XXIX. If needed, the provider pharmacy may utilize an external container to provide required labeling elements. The name of the patient, drug, dosage strength and form must be on the primary packaging. (3) Labeling for unit of issue packages shall contain the following information: Name and facility specific patient identifier (e.g., room or bed number of patient), name of prescribing practitioner, name and strength of drug, directions for use, and the name and

address of the provider pharmacy when utilized for patients in an LTCF setting. D. If a pharmacist selects a generically equivalent drug product for a brand name drug product prescribed by a practitioner, labeling must comply with ARTICLE X of the Pharmacy Practice Regulations of the Board. E. Expiration dating for non-sterile medications dispensed and packaged into single unit doses, unit doses, and unit of issue packages shall meet the following conditions: (1) Not exceed the manufacturer’s original expiration date; (2) Have an expiration date assigned based on the unit dose container manufacturer’s recommendations; (3) May exceed ninety (90) days from date of repackaging provided that the container is classified according to USP Standard 671 as being Class A or Class B for oral solid dose forms or is a tight container for liquid dosage forms, the container is light resistant when the manufacturer has labeled the drug product “sensitive to light”, and the expiration date is not greater than twelve (12) months; (4) Drugs or dosage forms having known stability problems or that are not packaged as defined in Article XXX are assigned an expiration date of less than ninety (90) days. (5) The shortest time span of any of the listed conditions shall be the expiration date assigned to the medication.

3. RETURN OF MEDICATIONS FROM A LTCF TO THE PROVIDER PHARMACY A. Medication that has been dispensed for a patient residing in a LTCF facility may be returned to the provider pharmacy provided that the medication has an approved reason for return as follows: (1) Medication was discontinued prior to delivery; (2) Patient no longer a patient or expired prior to medication being delivered; (3) Medication dosage changed prior to delivery; (4) Medication is considered to be dispensed when it leaves the dispensing pharmacy and is delivered to the LTCF. B. Any medication subject to return must be intact with no doses removed from blister package (unit dose) and must not have had contact with other medications. Medications, which have been dispensed and placed in bulk packages and accepted by a responsible person at the LTCF, shall not be returned to the dispensing pharmacy for any reason. All medication subject to return must be returned to the provider pharmacy by pharmacy personnel within five (5) days. No controlled substances may be returned. C. The provider pharmacy must implement approved procedures, which ensure that any returned medication has been properly stored, has not been tampered with, and the integrity of the medication remains intact. Paper trails tracking these procedures must be maintained by the provider pharmacy for a period of two (2) years and be readily retrievable for inspection by agents of the Board.

ARTICLE XXXI COMPOUNDING GUIDELINES

Every pharmacy permitted by the Mississippi Board of Pharmacy engaged in the compounding of pharmaceuticals that is not a licensed 503B pharmacy following good manufacturing practices (GMP) shall comply with USP 795, USP 797, and USP 800 when compounding in the scope of those chapters. The designated facility USP representative must be a pharmacist licensed in the State of Mississippi.

1. GENERAL PROVISIONS A. Prior to engaging in the compounding of pharmaceuticals, a pharmacy shall obtain a compounding certificate from the Mississippi Board of Pharmacy. i. To obtain a compounding certificate, an applicant must complete a compounding certificate application. ii. A compounding certificate will expire when the pharmacy permit expires and can be renewed at the time a pharmacy permit is renewed. iii. Compounding, without obtaining the compounding certificate, shall be grounds for disciplinary action. iv. Every pharmacy that engages in compounding shall submit a compounding statistical report to the Board on or about January 31st of each year on a form prescribed by the Board. v. Failure to submit the report as required by this regulation shall be grounds for disciplinary action. vi. A compounding certificate shall become inactive if a pharmacy fails to compound any prescriptions in a calendar year. A pharmacy may not compound prescriptions with an inactive compounding certificate. A pharmacy may petition the Board to activate a compounding certificate that is inactive. vii. Any pharmacy with an active compounding certificate is subject to a compounding inspection by the Board. B. Based on the existence of a pharmacist/patient/practitioner relationship and the presentation of a valid prescription, or in anticipation of prescription medication orders based on routine, regularly observed prescribing patterns, a pharmacy may compound, for an individual patient, medications that are not commercially available in the marketplace. Compounding and manufacturing, as defined within the regulations, are not permitted in the same facility. A pharmacy may not compound a drug that appears on the FDA List of Drugs withdrawn or removed from the market for safety reasons or on the FDA List of Drug products that present demonstrable difficulties in compounding. C. For the purpose of this Article, flavoring is not considered compounding. In addition, the combining of commercially manufactured, ready- to-use products shall be exempt from USP 795 compounding standards under the following conditions: i. No more than four (4) commercially manufactured ready-to-use products (that have not been manipulated) are used; ii. Compounding is not done in anticipation of medication orders; iii. Must follow USP 795 beyond use dates (BUDs); iv. A valid prescription shall serve as the compounding record; v. The prescription label shall comply with all related USP chapter requirements as well as the labeling requirements as set forth in Article XIV of these regulations. D. A pharmacy may compound drugs prior to receiving a valid prescription based on a history of receiving valid prescriptions that have been generated solely within an established pharmacist/patient/practitioner relationship, and provided that they maintain the prescriptions on file for all such products compounded at the pharmacy as required by the Mississippi Board of Pharmacy. E. Pharmacies shall not offer compounded human drug products to practitioners or to other

pharmacies for resale or dispensing. However, patient specific medications may be prepared on behalf of a pharmacy permitted as an Institutional I, Hospital, 3.1 pharmacy for an inpatient at that facility. Pharmacies may compound patient specific medications for office administration by a practitioner. F. Compounding pharmacies may advertise or otherwise promote the fact that they provide prescription compounding services (e.g., chemicals, devices and information when requested); however, they shall not solicit business by promoting to compound specific drug products (e.g., like a manufacturer). G. The compounding of inordinate amounts of drugs in anticipation of receiving prescriptions without any historical basis or the distribution of inordinate amounts of compounded products without a patient/practitioner/pharmacist relationship is considered manufacturing.

2. RECORDS A. The pharmacy shall keep records of all compounded products as required by the Mississippi Board of Pharmacy. Such records shall be readily available for authorized inspection during the retention period at the establishment. These records shall be subject to duplication by photocopying or other means of reproduction as part of any such inspection. B. Drug Orders: The pharmacist must receive a written, electronic or verbal order from an authorized prescriber before dispensing any compounded product. i. If the drug order is for an inpatient at an institutional facility, a copy of the patient’s medication order may serve as an order for the preparation and dispensing of the compounded product. This and the medication administration record may be maintained as the permanent record in medical records at the facility. ii. If the drug order is for an outpatient, the order must be in the form of a prescription document or a patient medication order sheet which contains, at a minimum, the following: (1) Patient name; (2) Patient address; (3) name of medication and strength; (4) Directions for use; (5) Date; (6) Prescriber’s name; (7) Physician’s address and Drug Enforcement Administration registration number, if applicable; (8) Refill instructions. C. Prescriptions for compounded products shall be filed in accordance with the prescription recordkeeping provisions of these regulations. Patient medication order sheets used as authorization for the dispensing of drugs shall be filed in an easily retrievable manner.

3. COMPOUNDING WHEN COMMERCIAL PRODUCTS ARE NOT AVAILABLE A. A pharmacy may prepare a copy of a commercial product when that commercial product is not available as evidenced by either of the following: i. Products that appear as unresolved status on the FDA drug shortage list in effect

under section 506E of the FD&C Act; or ii. Products discontinued and no longer marketed by the manufacturer.

4. COMPOUNDING FOR VETERINARY USE A. All compounding for non-human medications must follow USP 795/797/800 compounding standards. B. A pharmacy may compound a preparation intended for administration to an animal patient: i. Pursuant to a patient specific prescription; or ii. Pursuant to a non-patient specific order from a veterinarian. C. The label for non-patient specific compounded preparations shall contain, at a minimum, the following: i. Pharmacy’s name, address and telephone number; ii. Veterinarian’s name; iii. Name of preparation; iv. Strength and concentration; v. Lot number; vi. Beyond use date (BUD); vii. Special storage requirements, if applicable; viii. Name or initials of the pharmacist responsible for final check of the preparation.

ARTICLE XXXII PHARMACEUTICAL DRUG FACILITY PERMITS 1. For purposes of this Article the following definitions shall apply:

A. "Wholesale Distribution" means distribution of prescription drugs or devices, to include active pharmaceutical ingredients (API’s), to a person other than a consumer or patient, but does not include: (1) The sale, purchase, or trade of a specified drug or device or an offer to sell, purchase, or trade a specified drug or device for an immediate emergency medical reason including a public health emergency declaration pursuant to section 319 of the Public Service Act. Routine or temporary shortages do not constitute an immediate emergency medical reason; (2) The sale, purchase, or trade of a drug or device, an offer to sell, purchase, or trade a drug or device, or the dispensing of a drug or a device pursuant to a patient specific prescription; (3) The lawful distribution of drug samples by manufacturers' representatives or distributors' representatives; (4) The sale, purchase, or trade of a drug or device or an offer to sell, purchase, or trade a drug or device among pharmacies that are under common control; for purposes of these regulations, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract or otherwise. Common ownership transactions shall not include any upcharges or fees; (5) The sale, purchase, or trade of a drug or device or an offer to sell, purchase, or trade a drug or device by a charitable organization described in section 501(c)(3)

of the U.S. Internal Revenue Code of 1954 to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (6) The sale/purchase of a prescription drug or device by a 503a pharmacy to a licensed practitioner for office use, if the total annual dollar volume of these sales/purchases does not exceed five percent (5%) of that pharmacy's total annual prescription sales. In office use is defined as occurring in locations that are not serviced by a pharmacy permit; (7) Medication transfer from facilities/businesses to meet an immediate need for a specific patient in a quantity no greater than the prescribed amount; (8) Distribution of drugs or devices for research purposes in humans under an IND to an investigator.

2. Every facility/business that engages in the wholesale distribution of prescription drugs, API’s, or devices as defined in § 73-21-71, to include without limitation, manufacturing in this state, distribution into this state, or selling or offering to sell in or into this state, or distribution from or within this state, shall register annually with the Mississippi Board of Pharmacy by applying for a permit via the licensing portal. Every facility/business that engages in the distribution of prescription drugs or devices into this state to an affiliated or related company under common ownership and control must register annually with the Board. Pharmaceutical Facility Permits issued by the Board may include, but are not limited to, the following pharmaceutical facilities/businesses: A. Manufacturer B. Virtual Manufacturer C. Wholesaler D. Virtual Wholesaler E. Third Party Logistics (3PL) F. Repackager G. Reverse Distributor H. Private Label Distributor I. Veterinary Wholesaler

The Board may declare a pharmaceutical facility/business permit inactive due to the lack of legitimate business activity for sixty (60) consecutive days. Any permit declared inactive by the Board must petition the Board to be re-instated.

3. To obtain or renew a pharmaceutical facility/business permit, the applicant shall: A. Complete an application via the licensing portal which shall include, but not be limited to the following: (1) Name and address of the facility/business, including all trade or business names; (2) Detailed photo(s) of physical location that clearly display related signage and conveys business activity when requested; (3) Ownership information; (a) If a corporation: the State of incorporation and the name, telephone number, and address of all officers and directors; (b) If a partnership: the name, telephone number, and address of all partners; (c) If a sole proprietorship: the name, telephone number, and address of the sole proprietor.

(4) Type of activities conducted by the facility/business; (5) Name, address, telephone number and signature of a designated representative; (6) Initial applications will be valid for up to 180 days from the date of filing within the application portal. A renewal application will remain active for no more than 120 days from the date of filing within the application portal. Renewal applications will be considered filed timely if they are received prior to 30 days of expiration of the permit and contain all of the requested documents necessary for permitting. If a renewal application is not approved prior to the expiration of the permit, the drug facility must cease all Mississippi focused operations until application approval is obtained B. Provide evidence of a surety bond in the amount of $100,000 (or $25,000 for a facility/business whose annual gross receipts total $10,000,000 or less for the previous tax year) or other equivalent means of security acceptable to the State. C. Complete a criminal background check for the designated representative, including fingerprinting. D. Provide the most recent inspection report for the physical facilities including facilities maintaining oversight of product label codes. Inspection reports may be required for contracted partners providing services for the permitted location. All facilities/businesses must provide a recent, detailed inspection (within the last 3 years) whether their home state licensing authority conducts inspections or not. If deficiencies are noted in the inspection, the Board reserves the right to require a follow-up inspection. The most recent FDA inspection is not subject to time limitations. E. Provide a copy of each state license/permit held by the applicant. F. All Pharmaceutical Facility permit applicants including Third Party Logistics Providers and Virtual Entities must provide a list of all trading partners. G. A permit granted by the Board to a pharmaceutical facility will be based on its stated and actual business activity(s). Such activity may take precedence over licensure type in home state. A pharmaceutical facility with multiple permitted business activities at a single location must have separate business operations and records. H. A fee of five hundred dollars ($500.00) will be required to be submitted by the applicant for the initial registration and each annual license renewal period as noted by the online system. Newly issued permits which do not coincide with the normal annual registration period shall be valid from the date issued until the end of the current registration period only. I. Pharmaceutical facility permits shall not be issued for the same location occupied by a Pharmacy Permit. One exception is that a manufacturer may be co-located with a 503b Outsourcer. However, separate business records shall be maintained by each permit.

4. Each pharmaceutical facility that maintains or distributes controlled substances in or into Mississippi shall apply for and obtain a controlled substance registration issued by the Board. To obtain a controlled substance registration or renew a controlled substance registration the applicant shall: A. Submit an application via the licensing portal. B. Submit a fee of Fifty dollars ($50.00) for each registration period and each annual registration period thereafter.

Any loss or suspected loss of controlled substances shall be reported directly to the Mississippi Board of Pharmacy immediately upon discovery and a written report made to the Mississippi

Board of Pharmacy within fifteen (15) days.

5. The Mississippi Board of Pharmacy will consider the following factors in determining eligibility for issuing or renewing a permit for persons who engage in the wholesale distribution of prescription drugs, API’s, or devices: A. Any convictions of the applicant, principal owners, officers, directors and/or partners under any federal, state, or local laws relating to drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances; B. Any felony convictions of the applicant under federal, state or local laws; C. The past experience of the applicant, principal owners, officers, directors and/or partners in the distribution of prescription drugs or devices,including controlled substances; D. The furnishing by the applicant of false or fraudulent information in any application made in connection with drug or device distribution; E. Suspension or revocation by federal, state, or local government of any permit currently or previously held by the applicant for the distribution of any drugs or devices,including controlled substances; F. Compliance with requirements under previously granted permits or registrations, if any; G. Compliance with the requirements to maintain and/or make available to state and federal regulatory authorities those records required to be maintained by wholesale distributors; and H. Any other factors or qualifications the Mississippi Board of Pharmacy considers relevant to and consistent with the public health and safety.

The Mississippi Board of Pharmacy reserves the right to deny a permit or a registration to an applicant if it determines that the granting of such a permit or registration would not be in the public interest.

6. The Designated Representative shall attest to the permit application or the permit renewaland shall be the operations manager for that facility and shall be responsible for all activities in the permitted facility which are subject to regulation by the Board.

7. The Designated Representative shall be required to be physically onsite at the facility a minimum of twenty (20) hours per work week or fifty per cent (50%) of the hours of operation of the facility, whichever is less. A record of the onsite hours of the designated representative shall be produced upon request by the Board or an agent of the Board. Exceptions will be recognized for practical reasons, i.e., vacation, sick time, etc.

8. If the employment of a designated representative is terminated, or if for any other reason he/she wishes to be relieved of the responsibilities of the permit holder,he/she must notify the MS Board of Pharmacy via the online portal. Application for a new designated representative must be made by within fifteen (15) days.

9. Any facility/business licensed by the State of Mississippi shall notify the Board of Pharmacy within fifteen (15) days, via the license portal, of any changes that might affect permitting status. This includes a closing, change of name, location, ownership, or legal matters involving the facility/business or its leadership. A. If a permitted facility has a change in ownership, a new online application must be made

to the board within fifteen (15) days. B. If a permitted facility has a change in name or location, a facility amendment must occur within 15 days of the change. 10. All pharmaceutical supply chain facilities permitted by the Mississippi Board of Pharmacy shall comply with the following: A. Storage Conditions; (1) Each facility where legend drugs or devices are repackaged, wholesaled, manufactured, distributed, stored, held, sold, or offered for sale, shall provide storage areas that assure proper lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions. All legend drugs, chemicals, or devices shall be stored at appropriate temperatures and under appropriate conditions per label requirements or official compendium requirements to assure that the identity, strength, quality, and purity of the products are not affected. If no storage requirements are established for a prescription drug, they may be stored at controlled room temperature as defined in an official compendium such as the United States Pharmacopeia/National Formulary. Appropriate manual, electro-mechanical, or electronic temperature and humidity recording equipment, devices, and/or logs shall be utilized to document proper storage of prescription drugs. This data shall be recorded at least daily. (2) A separate storage section shall be provided for legend drugs or devices that are deteriorated, outdated, misbranded, or otherwise adulterated. (3) Controlled substances should be isolated from non-controlled substances and stored in a secure area in accordance with Drug Enforcement Administration security requirements and standards. B. Labeling: (1) All Federal labeling requirements must be met to include but not limited to: (a) Changes to product labeling must be submitted to the FDA annually. (b) Labels must include product identifiers in a 2-dimensional data matrix barcode both on the package and homogeneous case, unless it is a product required to have a standardized numerical id. (c) Distributors and 3PLs shall only accept products with proper labeling. (2) Facilities/businesses shall have systems in place to verify productat the package level, including standard numerical identifiers and must be in full compliance with the Drug Supply Chain & Security Act (DSCSA). C. Facilities: (1) All buildings in which legend drugs or devices are wholesaled, repackaged, manufactured, distributed, stored, held, sold, or offered for sale, shall be of suitable size, construction, and location to facilitate cleaning, maintenance, and proper operations. Buildings shall meet all applicable federal, state, and local standards and shall be maintained in a clean and orderly condition and be free from infestation by insects, rodents, birds, or vermin of any kind. (2) Each facility shall have a quarantine area for storage of prescription drugs or devices that are outdated, damaged, deteriorated, non-compliant with DSCSA requirements, misbranded, or adulterated, or that are in immediate or sealed outer or sealed secondary container that have been opened. All suspect products should be quarantined until investigation is complete. (3) A facility shall not be located in a residence.

D. Security: (1) All facilities shall be equipped with an electronic security system that will provide suitable protection against theft and diversion and meets all applicable federal, state, and local standards. When appropriate, the security system shall provide protection against theft or diversion that is facilitated or hidden by tampering with computers or electronic records. (2) All facilities shall ensure that access from outside their premises is reduced to a minimum and be well controlled. This includes, but is not limited to, the installation of adequate lighting at the outside perimeter of the premises. Entry into areas where prescription drugs are stored or held shall be limited to authorized personnel. (3) All facilities/businesses shall maintain written internal security policies which provide protection against theft and diversion by personnel. These policies shall provide protection against computer theft and crimes. E. Recordkeeping: (1) All facilities/businesses shall establish and maintain inventories and other records of all transactions regarding the receipt, distribution, and disposition of legend drugs or devices including the name and principal address of the seller or transferor and the address of the location from which the drugs were shipped. These records shall be maintained for a period of six (6) years following disposition of the drugs and must be compliant with all aspects of DSCSA. These records shall be made available for inspection and copying by the Mississippi Board of Pharmacy or other authorized federal, state, or local law enforcement agency officials. These records shall contain source of supply (items received, quantity, and date) and distribution (items distributed, quantity, and date). (2) Records described in this section that are kept at the inspection site or that can be immediately retrieved by computer or other electronic means shall be readily available for authorized inspection during the retention period. Records kept at a central location apart from the inspection site and not electronically retrievable shall be made available within two (2) working days of a written request by the Mississippi Board of Pharmacy or other authorized federal, state, or local law enforcement agency officials. (3) Upon request by the Board, facilities/businesses that are permitted by the Board and who distribute prescription drugs or devices shall make available to the Board the following: (a) A complete Mississippi customer roster; (b) Transaction records of all distribution and sales for any period during the past six (6) years listing all sales or distribution of prescription drugs or devices to authorized persons upon request by the Board. This request shall be made in writing by the Board. The transaction records shall be supplied to the Board within two (2) working days and shall consist of the following: (i) Name and address of the purchaser; (ii) Name and address of the distributor; (iii) Drug name, strength and dosage form, and quantity, including number of containers distributed (iv) The invoice number; (v) The lot number of the product if required by DSCSA; (vi) Date of transaction and shipment; (vii) All records of returns or credits;

(viii) Must also include product identifiers at package level by applicable DSCSA deadline. (4) Transaction records must also accompany products whenever prescription drug or devices products change hands (unless the product is being returned to the manufacturer asunsalable). (a) These records should be in a single electronic document as required by DSCSA. (b) Products should be verified by their identifiers upon sale/return. Any product that does not correspond with transaction records shall be treated as suspect. (c) Product shall not be accepted without transaction records, except when returned to the manufacturer as unsalable. (d) Transaction records are considered confidential and may only be provided to appropriate government officials and authorized trading partners with whom a written agreement is established. (5) Transaction records shall be exchanged in a secure, interoperable, electronic manner, adhering to all regulations (compliance required by applicable DSCSA deadline). (6) Systems and processes should be in place for accepting salable returns by associating products with transaction records (compliance required by applicable DSCSA deadline). F. Written Policies and Procedures: Facilities/businesses shall establish, maintain, and adhere to written policies and procedures which allow and demonstrate oversight of legend product based on their scope of service. Specifically, wholesale drug or device distributors shall establish, maintain, and adhere to written policies and procedures, which shall be followed for the receipt, security, storage, inventory, and distribution of prescription drugs or devices, including policies and procedures for identifying, recording, and reporting losses or thefts, and for correcting all errors and inaccuracies in inventories. Written policies and procedures shall include: (1) A procedure to assure that the facility/business prepares for, protects against, and handles crisis situations that affect the security or operation of the facility. Such crises may include fires, floods, or other natural disasters, and situations of local, state, or national emergency. (2) A procedure whereby the oldest approved stock of a prescription drug or device product is distributed first. The procedure may permit deviation from this requirement if such deviation is temporary and appropriate. (3) A procedure to assure that any outdated stock, or any stock with an expiration date that does not allow sufficient time for resale shall be segregated from other stock and shall be prepared for return to the manufacturer or otherwise appropriately destroyed. This procedure shall provide for written documentation of the disposition of outdated prescription drugs. This documentation shall be maintained for a period of six (6) years after the disposition of the outdated drugs or devices. (4) A procedure to assure the facility/business exercises control over the shipping and receiving of all stock within the operation, including the following practices: (a) Upon receipt, each outside shipping container shall be visually examined for identity and to prevent the acceptance of contaminated prescription drugs or devices or prescription drugs or devices that are otherwise unfit for distribution. This examination shall be adequate to reveal container damage that would suggest possible contamination or other damage to the contents.

(b) Each outgoing shipment shall be carefully inspected for identity of the prescription drug products or devices and to ensure that there is no delivery of prescription drugs or devices that have been damaged in storage or held under improper conditions. (c) The recordkeeping requirements in paragraph (E.) of this section shall be followed for all incoming and outgoing prescription drugs or devices. G. Returned, Damaged and Outdated Prescription Drugs: (1) Prescription drugs or devices that are outdated, damaged, deteriorated, misbranded, or adulterated shall be quarantined and physically separated from other prescription drugs or devices until they are destroyed or returned to their supplier. (2) Any prescription drug or device whose immediate or sealed outer or sealed secondary containers have been opened or used shall be identified as such,and shall be quarantined and physically separated from other prescription drugs until they are either destroyed or returned to the supplier. (3) If the conditions under which a prescription drug or device has been returned cast doubt on the safety, identity, strength, quality, or purity, then the drug or device shall be destroyed, or returned to the supplier, unless examination, testing or other investigation proves that appropriate standards of safety, identity, strength, quality, and purity are met. In determining whether the conditions under which a product has been returned cast doubt on the drug's or device’s safety, identity, strength, quality, or purity, the wholesale drug distributor shall consider, among other things, the conditions under which the drug or device has been held, stored, or shipped before or during its return and the condition of the drug and its container, carton, or labeling, as a result of storage or shipping. (4) The recordkeeping requirements in paragraph E. of this section shall be followed for all outdated, damaged, deteriorated, misbranded, or adulterated prescription drugs or devices. Written policies and procedures shall be maintained at the permitted facility to implement the above requirements. H. Handling Recalls: (1) A facility/business shall provide support for manufacturer recalls and withdrawals of prescription drugs or devices. (2) A wholesale operation must maintain and follow written policies and procedures for handling recalls and withdrawals of products. Such a policy should cover all recalls and withdrawals of drug products or devices due to: (a) Any voluntary action on the part of the manufacturer. (b) The direction of the Food and Drug Administration, or any other federal, state, or local government agency. (c) Replacement of existing merchandise with an improved product or new package design. I. Due Diligence To Identify Suspect/Illegitimate Products: (1) A facility/business in the drug supply chain shall cooperate in efforts to identify, isolate, investigate suspect products, and determine if such products are illegitimate. (2) A facility/business should establish processes for identifying trading partners and transactions that require heightened vigilance in preventing the receipt of suspect product. Heightened vigilance includes the examination of required records (ie. invoices, shipping documents, transaction history) for suspicious business practices and physical examination of product for factors that increase the risk of a product being suspect, such as:

(a) A trading partner that has been involved in business transactions where they sold or delivered illegitimate product; (b) A trading partner that has a history of problematic or potentially false transaction histories or pedigrees, such as those that contain misspelled words or incomplete information; (c) A Trading Partner that is reluctant to provide a Transaction History associated with the Product being purchased or does not do so in a timely manner; (d) A Trading Partner that provides Transaction Information, a Transaction Statement, and/or Transaction History that appears to be incomplete or suspicious; (e) The trading partner providing wholesale operations but is co-located with a pharmacy. (f) The product offered for sale was previously owned by a dispenser; (g) The price of a product is suspicious; (h) The product has been previously or is currently the subject of a drug shortage; (i) A product that is in higher demand because of its potential or perceived relationship to a public health or other emergency; (j) The appearance of the package is suspicious; or (k) The package exhibits unusual or excessive adhesive residue. (3) Suspect products shall be quarantined, and an investigation opened into the product legitimacy. The FDA and all trading partners shall be notified of any product determined to be illegitimate within 24 hours of such determination. Records of investigations shall be kept for a minimum of 6 years regardless of the outcome. (4) Products deemed illegitimate shall be disposed of after a sample is taken for physical exam/laboratory analysis. J. Due Diligence for Controlled Substance Ordering and Dispensing (1) Facility/business that perform customer visits as part of customer diligence reviews to resolve red flags regarding ordering or dispensing practices of controlled substances shall share with the Board all reports and determinations within three (3) business days of receiving reports from customer. (2) Facility/business that make the determination to suspend controlled substance ordering ability for customers must notify and provide related detailed rationale to the Board within one business day of suspension of ordering abilities. K. Compliance with Local, State and Federal Law; Inspections, Violations and Penalties: (1) Each facility/business shall comply with all applicable local, state and federal laws and regulations. (2) The Board may conduct inspections upon all premises purporting or appearing to be used by persons permitted under this Article. The Board in its discretion may accept a satisfactory inspection from another regulatory or inspecting body which the Board determines to be comparable to that made by the Federal Food and Drug Administration or the Board. Upon request, the facility shall furnish to the Board a copy of any and all reports of inspections conducted by the Federal Food and Drug Administration or any other inspecting entity. (3) Any facilities/businesses that possess, transport or store controlled substances in or into MS shall obtain a controlled substance registration from the MS Board of Pharmacy in addition to a registration number from the Federal Drug Enforcement Administration and shall comply with all applicable state and federal DEA regulations. (4) The Board or its representatives may enter to inspect, during reasonable hours, a facility

which has obtained or applied for a permit with the Board. Failure to allow an inspection is cause to deny a permit or result in disciplinary action upon a permit. (5) The Board shall have the authority to suspend, revoke, or restrict any permit or registration issued under this Article upon discipline and/or conviction of violations of this Article or other federal, state, or local drug laws or regulations. (6) Before any permit may be suspended, restricted, or revoked or monetary penalties imposed by the Board, the facility/business shall have the right to prior notice and a hearing pursuant to Section 73-21-99, Mississippi Code of 1972. L. Personnel (1) Each facility/business shall employ adequate personnel with the education and experience necessary to safely and lawfully engage in the sale and wholesale distribution of prescription drugs or devices. (2) Each facility/business shall maintain a list of all personnel who have access to controlled substances and shall make available to the Board proof of background searches on any such employee. No person who has access to controlled substances shall have been convicted in any federal or state court of any drug related crime. (3) Each facility/business shall establish and maintain lists of officers, directors, managers, and other persons in charge of wholesale distribution, storage, and handling, including a description of their duties and a summary of their qualifications. M. Salvaging and Reprocessing: (1) All facilities/businesses shall be subject to the provisions of any applicable federal, state, or local laws or regulations that relate to prescription drug product salvaging or reprocessing, including Title 21, Chapter 1, Subchapter C, Parts 207, 210 and 211 of the Code of Federal Regulations. Any reverse distributor that receives saleable product for reintroduction into the supply chain will also need to be permitted as a wholesale distributor. N. Repackaging: (1) Every repackager shall register with the Federal Food and Drug Administration and shall be in compliance with all laws, rules, regulations, and FDA issued guidance regarding such registration. Written notification furnished by the Federal Food and Drug Administration citing violations of federal laws, rules, and regulations shall be prima facie evidence of violation of this Article. (2) Repackagers shall maintain all products in the manufacturer's original container except as allowed by federal laws, rules, and regulations regarding prescription drug repackaging. Once distributed, repackaged products which are returned to the repackager shall be immediately quarantined and either destroyed or returned to the original manufacturer.

11. Prohibited Acts A. No facility/business may engage in wholesale distribution of a prescription drug, API’s, or device in or into Mississippi unless the facility/business is licensed/permitted: (1) By the state from which the drug, API, or device is distributed, or if the State from which the drug, API, or device is distributed has not established a licensure requirement, is licensed by the Federal Drug Administration; and (2) By the state into which the drug, API, or device is distributed. B. No facility/business engaged in wholesale distribution is allowed to acquire prescription drugs, API’s, or devices from a dispenser for resale within the State of Mississippi. The

return by a dispenser of prescription drugs, API’s, or devices originally purchased from that facility/business is exempt from this requirement. C. Any facility/business permitted by the Mississippi Board of Pharmacy shall not sell or distribute a prescription drug, API, or device to any individual or business unless the individual or business is licensed or permitted to prescribe, dispense, or possess prescription drugs, API’s, or devices by an agency of the state in which the individual or business is located. D. Any facility/business permitted by the Board shall not distribute prescription drugs, API’s, or devices to persons in or into this state unless such person is either a licensed physician, osteopath, podiatrist, or physician’s assistant licensed by the Mississippi Board of Medical Licensure; a licensed dentist, licensed by the Mississippi Board of Dental Examiners; a licensed veterinarian, licensed by the Mississippi Board of Veterinary Medicine; or a drug supply chain facility/business permitted by the Board. An optometrist licensed by the Mississippi State Board of Optometry, may purchase prescription drugs or devices as authorized by said Board of Optometry. An advanced practice registered nurse, licensed by the Mississippi Board of Nursing may purchase prescription drugs or devices as authorized by said Board of Nursing.

ARTICLE XXXIII HOME HEALTH/HOSPICE PERMITS

1. Every home health agency, hospice organization or business/location in this state subject to regulation by the Mississippi Board of Pharmacy where certain prescription drugs as approved by the Board are bought, maintained, administered or provided directly to consumers, without the services of a pharmacist being required, shall obtain a permit as a home health/hospice from the Mississippi Board of Pharmacy.

2. To obtain a permit or renew a permit for a home health/hospice, the applicant shall: A. Submit a written application on a form prescribed by the Board; B. Submit the required fees as follows: Fifty dollars ($50.00) for the registration period January 1, 2012, through December 31, 2013, and each biennial registration period thereafter.

Any home health/hospice permit renewal application postmarked after December 31 of the renewal period shall be returned and a fifty dollar ($50.00) late renewal fee shall be assessed prior to renewal.

3. Every business issued a home health/hospice permit by the Board shall renew this permit biennially. Newly issued permits which do not coincide with the registration period shall be valid for the following periods of time: If the permit is issued in the first half of the registration period, it must be renewed at the end of the registration period. If the permit is issued in the second half of the registration period, it must be renewed at the end of the next registration period.

4. The person who signs the application for a home health/hospice permit or the renewal of a home health/hospice permit shall be the permit holder for that facility and shall be responsible for all activities in the permitted facility which are subject to regulation by the

Board. Once issued, a permit cannot be amended, transferred or assigned to another person.

5. If the employment of a permit holder is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the permit holder, he/she must return the home health/hospice permit to the Mississippi Board of Pharmacy with written notice that he/she is no longer the permit holder for that facility. When a permit is thus returned, application for a new permit for that facility must be made to the Mississippi Board of Pharmacy within ten (10) days.

6. If a permitted facility is permanently closed or has a change of ownership, the permit holder for that facility shall give notice to the Board of the effective date of closure or change in ownership at least ten (10) days prior to the closure or change of ownership.

7. If a permitted facility has a change in name or location, a new permit must be obtained. Application for this new permit must be made to the Board at least ten (10) days prior to the change.

8. All home health/hospices permitted by the Mississippi Board of Pharmacy shall comply with the following:

A. Prescription drugs that are bought or maintained, in a home health/hospice or provided to a consumer from a home health/hospice shall be limited to those items authorized by the Board. A list of the authorized prescription drugs shall be published by the Board at least annually. Items may be added to or deleted from the list by the Board at any regularly called meeting. At any time a change in the list of authorized drugs is made, the Board shall provide the changed list to all persons registered with a home health/hospice permit. B. A home health/hospice shall not buy, maintain or provide to a consumer any prescription drug not authorized by the Board of Pharmacy unless such prescription drug was obtained pursuant to the valid prescription or order of a practitioner. C. Delivery of any prescription drug to a consumer shall be pursuant to a valid order of a practitioner who is authorized to prescribe the drug. These orders shall be maintained for a period of six (6) years. D. A facility permitted with a home health/hospice permit shall not sell or distribute a prescription drug to any person who is not permitted or otherwise authorized to purchase prescription drugs except that a facility permitted by the Board of Pharmacy with a home health/hospice permit may supply these items to other facilities under common control or ownership. E. Complete and accurate records of acquisition and disposition of all prescription drugs which are bought or maintained by a home health/hospice shall be maintained for a period of six (6) years. These records shall be readily retrievable and available for inspection by agents of the Mississippi Board of Pharmacy.

F. Any prescription drug maintained in a home health/hospice or provided to a consumer from a home health/hospice shall be labeled so as to be in compliance with the labeling requirements of the Federal Food and Drug Administration and any additional labeling necessary for the safe and effective use of the product by the consumer. G. Each home health/hospice where prescription drugs are bought or maintained shall provide storage areas that ensure proper lighting, ventilation, temperature, sanitation, humidity, space and equipment. All prescription drugs shall be stored at appropriate temperatures per label requirements or official United States Pharmacopeia (USP) compendium requirements to ensure that the identity, strength, quality, and purity of the products are not affected. If no temperature requirements are listed, prescription drugs may be stored at room temperature as defined in the USP. A separate storage area shall be provided for prescription drugs that are deteriorated, outdated, misbranded, or otherwise adulterated. H. Each home health/hospice shall employ adequate personnel with the education and experience necessary to safely and lawfully engage in the preparation, administration or delivery of prescription drugs I. Home health/hospices shall be maintained in an orderly and sanitary fashion. J. A permit shall not be issued for a home health/hospice located in a residence. K. The Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the permit of any home health/hospice under the applicable provisions of ARTICLE IX of these regulations.

9. For purposes of these regulations the following definitions shall apply: A. "Home health/hospice" shall mean a business, which does not require the services of a pharmacist, where certain prescription drugs are bought, maintained or provided to consumers. B. "Home Health Agency" shall mean a public or privately owned agency or organization or a subdivision of such agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals, at the written direction of a licensed physician, in the individual’s place of resident, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi. C. "Hospice" shall mean an autonomous, centrally administered, nonprofit, medically directed, nurse coordinated program providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social and economic stresses which are experienced during the final stages of illness and during dying and bereavement. This care is available twenty-four (24) hours a day, seven (7) days a week, and is provided on the basis of need regardless of inability to pay. D. "Prescription Drug" or "Legend Drug" shall mean a drug which is required under federal law to be labeled with either of the following statements prior to being dispensed or delivered: (1) "Caution: Federal law prohibits dispensing without prescription," or

(2) “Rx Only”, or (3) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian"; or a drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners only.

ARTICLE XXXIV PHARMACY EXTERN/INTERN REGISTRATION

REPEALED. Effective 8/10/2021.

ARTICLE XXXV INSTITUTIONAL EMERGENCY MEDICATION KIT PERMITS (FIRST DOSE KITS) FOR LONG TERM CARE FACILITIES AND OTHER APPROVED INSTITUTIONAL FACILITIES

1. Institutions, excluding hospitals, that desire to maintain a stock of prescription drugs provided by a supplying pharmacy for emergency use by patients who are confined to the institution, shall obtain an Institutional Emergency Medication Kit (IEMK) permit from the Mississippi Board of Pharmacy. Emergency use is the procurement of non-patient assigned medications from a stock supply for the purpose of initiating medication therapy or supplying non-routine medications to provide for optimal patient care. Emergency kits as described in this article are not crash carts that are maintained by the institution for resuscitative care. A. Permit. The IEMK permit shall be classified as either a Manual IEMK or an Automated IEMK. The manual IEMK permit is required if the dispensing method is such that the release of each individual dose is not electronically integrated to the documentation required for each such release. An Automated IEMK permit shall be required if the dispensing method is such that the release of each individual dose is electronically integrated to the documentation required for each such releases. Only one (1) type of permit, either Manual or Automated, shall be issued per facility. B. Application for an IEMK permit shall be on a form supplied by the Board. The Application for a Manual IEMK permit shall be accompanied by a fee of One Hundred Dollars ($100.00) and the Application for an Automated IEMK permit shall be accompanied by a fee of Three Hundred Dollars ($300.00). A separate permit shall be required for each IEMK and shall be renewed biennially. The Administrator (if a nursing home or other long-term care facility) or business manager of the institution shall make application for the IEMK permit. In the event of a change of the administrator or business manager, a new permit must be obtained. Any IEMK permit renewal application postmarked after December 31 of the renewal period shall be returned and a Fifty Dollar ($50.00) late renewal fee shall be assessed prior to renewal. C. IEMK Inventory and Accountability (1) The contents of the IEMK are supplied by a pharmacy permitted by the Board. Only

one supplying pharmacy may be utilized per facility; (2) The contents of the IEMK are jointly determined by the consultant pharmacist, medical director, director of nurses and the pharmacist supplying the IEMK; (3) The IEMK shall have a “par value” for each prepackaged product that is stored in the IEMK; (4) A copy of the inventory of the IEMK is on file in the institution and at the provider pharmacy and a physical inventory shall be taken at least annually; (5) A Manual IEMK permit authorizes an inventory up to sixty (60) medication items with a limit on the quantity (or par value) to no more than fifteen (15) units each of the sixty (60) medication items. A facility may choose to increase six (6) of the medication items to a maximum of thirty (30) units for those six (6) items. A maximum of ten (10) medication items may be controlled substances with a maximum limit of ten (10) units each. A facility that requires more than one manual IEMK based on facility design or divergent patient populations may request consideration for an additional manual permit. Without multiple permits, manual IEMK’s are globally restricted to the total quantity and drug counts for all kits combined. An Automated IEMK permit shall not have any limits on the quantity of the inventory, except controlled substances shall be limited to a maximum of twenty (20) medication items with a maximum limit of twenty (20) units each; each automated IEMK location requires an additional permit for the facility. (6) An IEMK withdrawal log shall be maintained at the institution and all withdrawals of medications from the IEMK shall be documented as follows: (a) name and room number of resident/patient; (b) drug name, strength, and number of units withdrawn; (c) date and time of withdrawal; and (d) name of person withdrawing the medication.

2. Use. Emergency kit medications shall be administered to patients only for emergencies and when medications are otherwise unavailable pursuant to a valid medication order or prescription. Providing a patient starting dose(s) of a new medication regimen would be considered a valid emergency. Controlled substances may only be administered by licensed healthcare professionals.

3. Storage and Security. The IEMK shall be maintained in a securely locked room or cabinet at the institution. Access to the contents of the IEMK shall be limited to those licensed personnel designated by the director of nurses and the provider pharmacist.

4. Controlled Substances. An IEMK that contains controlled substances as allowed per 45 FR24128 (Schedule II, III, IV and V) shall be subject to the following: A. The institution has been issued a controlled substance registration by the Mississippi Board of Pharmacy; B. Controlled substances are stored in a separate locked container; and C. The withdrawal of controlled substances shall comply with the Mississippi Pharmacy

Practice Regulations and the Drug Enforcement Administration Regulations which includes a signed prescription by the provider.

ARTICLE XXXVI PHARMACEUTICAL HEALTH CARE INITIATION AND/OR MODIFICATION OF DRUG THERAPY UNDER PROTOCOL

1. Pharmacists may provide pharmaceutical health care to patients by initiating, discontinuing or modifying prescription drug therapy upon entering into an active protocol agreement with a licensed prescribing practitioner. Each protocol must define the parameters by which the practitioner delegates this authority and any such authority granted must be within the scope of the practitioner’s prescribing authority and current practice. A copy of the written protocol shall be made available upon request of the Board or an agent of the Board.

For purposes of this ARTICLE, “protocol” shall mean a written agreement with a practitioner authorized to prescribe drugs whereby the prescribing practitioner delegates to a pharmacist or pharmacists, authority to conduct specific initiation, discontinuation or modification of drug therapy functions for those patients common to the practitioner and pharmacist(s).

2. For a pharmacist to initiate, discontinue or modify drug therapy under protocol a pharmacist must have and maintain an unrestricted license to practice pharmacy issued by the Mississippi Board of Pharmacy and notify the Board pursuant to the Board’s licensing system that he/she is operating under a protocol.

3. Protocol agreements shall include, at a minimum, the following: A. Identification of the practitioner and pharmacist(s) with whom the protocol is written; B. Specific responsibilities authorized by the practitioner; C. Patient data the practitioner wishes the pharmacist(s) to collect; D. Data reporting frequency and methods; E. The procedures or plan that the pharmacist shall follow upon initiation and/or modification of drug therapy; and F. The duration of the protocol agreement not to exceed two (2) years.

4. The prescription/drug order for any drug dispensed under a protocol shall indicate the name of the pharmacist initiating/modifying the prescription. The protocol shall be limited to non- scheduled drugs.

ARTICLE XXXVII DUTIES AND RESPONSIBILITIES OF EXECUTIVE DIRECTOR

Pursuant to Section 6. Section 73-21-79, paragraph (3), Mississippi Code of 1972, Annotated, the duties and responsibilities of the Executive Director of the Mississippi Board of Pharmacy

shall be defined by rules and regulations prescribed by the Board as follows:

The Executive Director (Director) is the executive officer in charge of the office of the Mississippi Board of Pharmacy and he/she shall be appointed by the Board. The Director shall serve as the budget officer and shall make, keep and be in charge of all records, record books and any files required to be maintained by the Board. The Director shall attend to the correspondence required by the office, and shall perform such other duties as the Board may require in keeping with the office. The Director shall be provided with, supervise, and have the aid of clerical, investigative and other office staff as necessary for the fulfillment of said duties and responsibilities.

1. GENERAL DUTIES AND RESPONSIBILITIES: The Executive Director shall have, but not be limited to, the following responsibilities: A. Issuance of all licenses, registrations and permits to all pharmacists, businesses, facilities, pharmacies or other persons as authorized by statutes, rules or regulations; B. Maintaining, preserving, and releasing of any public records which are required to be kept by the Board; C. Administration of any examinations or tests required under statutes or regulations; D. Serve as the representative of the Board on any committees, boards or other organizations as necessary to carry out the Board's responsibilities; E. Act as the Board's agent and cause to be issued and cause to be served, all subpoenas, Orders of the Board, and any Notice of Hearing and Complaint issued to any pharmacist, permit holder, business/facility, registrant or other person under the jurisdiction of the Board and execute the foregoing for and on behalf of the Board; F. Provide initiative, leadership and input into any proposed legislation or regulations pertaining to the practice of pharmacy, the distribution of prescription drugs, pharmacy technicians and pharmacy externs/interns; G. Set the agenda for all meetings of the Board, act as recording secretary and be responsible for the preparation of the Minutes of all meetings of the Board; H. Serve as the Board's representative in the approval of all continuing education as required by Regulations of the Board; I. Serve as the Board's representative when interacting and/or cooperating with other state or federal agencies or law enforcement entities.

ARTICLE XXXVIII MEDICAL EQUIPMENT SUPPLIERS PERMIT

1. Medical Equipment Advisory Committee to the Board. a. A Medical Equipment Advisory Committee (MEAC), composed of three (3) members selected by the Mississippi Association of Medical Equipment Suppliers and approved by the Board, shall review and make recommendations to the Board regarding all regulations dealing with home medical equipment, legend devices and medical gases that are proposed by the Board and before they are adopted by the Board. MEAC shall follow all statutory requirements of Mississippi Code Annotated Section 73-21-108.

b. The Board may remove any or all (MEAC) members on proof of unprofessional conduct, being found guilty of any provisions of these regulations or other regulations of the state or federal government or failure to perform the duties of his/her office. Any MEAC member who shall not attend two (2) consecutive regular meetings of the MEAC for any reason other than illness shall be subject to removal by the Board.

2. Definitions. For the purposes of this Article: a. “Home medical equipment” means technologically sophisticated medical equipment and devices usable in a home care setting, including, but not limited to: i. Oxygen for human consumption, oxygen concentrators and/or oxygen delivery systems and equipment; ii. Ventilators; iii. Respiratory disease management devices; iv. Electronic and computer driven wheelchairs and seating systems; v. Apnea monitors; vi. Transcutaneous electrical nerve stimulator (TENS) units; vii. Low air loss cutaneous pressure management devices; viii. Sequential compression devices; ix. Neonatal home phototherapy devices; and x. Feeding pumps.

The term “home medical equipment” does not include medical equipment used in the normal course of treating patients by hospitals, hospices, long-term care facilities or home health agencies, or medical equipment used or dispensed by health care professionals licensed by the State of Mississippi if the professional is practicing within the scope of his or her professional practice. In addition, the term does not include items such as upper and lower extremity prosthetics, canes, crutches, walkers, bathtub grab bars, standard wheelchairs, commode chairs and bath benches.

b. “Home medical equipment services” means the delivery, installation, maintenance, replacement, and/or instruction in the use of home medical equipment, used by a sick or disabled individual, to allow the individual to be cared for and maintained in a home or noninstitutional environment. c. “Medical gas” means those gases and liquid oxygen intended for human consumption. d. “Order” means an order issued by a licensed practitioner legally authorized to order home medical equipment, legend devices and/or medical gases.

3. In addition to the requirements provided in Mississippi Code Annotated, Section 73-21- 108(2), Medical Equipment Supplier Permits shall have the following requirements: a. Permits shall not be issued for facilities located in a residence. b. The person who signs the application for a medical equipment suppliers permit or the renewal of a medical equipment suppliers permit shall be the permit holder for that facility and shall be responsible for all activities in the permitted facility which are subject to regulation by the Board. Once issued, a permit cannot be amended, transferred

or assigned to another person until a new application is filed and a new updated/amended permit is issued by the Board. c. If the employment of a permit holder is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the permit holder, he/she must remove his/her name from the medical equipment suppliers permit through the Board Licensing Gateway. When a permit holder is removed from the medical equipment suppliers permit, an application for a new permit for that facility must be made to the Board within fifteen (15) days. If a new updated/amended permit is not obtained within fifteen (15) days, the permit becomes inactive and no business may be conducted until a new permit is issued by the Board. d. If a permitted facility is permanently closed or has a change of ownership, the permit holder for that facility shall give notice to the Board of the effective date of closure or change in ownership at least fifteen (15) days prior to the closure or change of ownership. “Change of ownership”, in the case of a partnership, means the removal, addition, or substitution of a partner. In the case of a corporation, the term means the merger of the provider corporation into another corporation, or the consolidation of two or more corporations, resulting in the creation of a new corporation. The transfer of corporate stock or the merger of another corporation into the provider corporation does not constitute a change of ownership. e. If a permitted facility will have a change in ownership, name or location, a new updated/amended permit must be issued from the Board in order to doing business under the new name or location. f. The Board may declare a pharmaceutical facility/business permit inactive due to the lack of legitimate business activity for sixty (60) consecutive days. The permit holder of any permit declared inactive by the Board must petition the Board to be re-instated.

4. Exemptions. a. The permitting requirements of this section do not apply to the following entities or practitioners unless they have a separate business entity, company, corporation or division that is in the business of providing home medical equipment for sale or rent to patients at their places of residence: i. Home health agencies; ii. Hospitals; iii. Wholesalers and/or manufacturers; iv. Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors and podiatrists who use home medical equipment and/or legend devices in their individual practices; v. Pharmacies; vi. Hospice programs; vii. Nursing homes and/or long-term care facilities; viii. Veterinarians; dentists; and emergency medical services. b. Although community pharmacies are exempt from the permitting requirements of this section, they shall be subject to the same regulations that are applicable to permitted

businesses or entities for the sale or rental of home medical equipment covered by this section. c. Nothing in this section shall prohibit trained individuals from using oxygen, liquid oxygen and/or legend devices in emergencies. d. Nothing in this section shall prohibit the prehospital emergency administration of oxygen by licensed health care providers, emergency medical technicians, first responders, fire fighters, law enforcement officers and other emergency personnel trained in the proper use of emergency oxygen.

5. Orders required. Home medical equipment suppliers shall not provide any home medical equipment, legend device or medical gas to a patient without a valid order from an authorized licensed practitioner. All orders must be readily retrievable and must be produced on request by the Board or an agent of the Board. All home medical equipment, legend devices and medical gases require a new prescription order on a yearly basis.

6. Policies and programs shall be implemented to include: a. Policies that specify minimum standards for personnel qualifications, training, experience, and continuing education requirements consistent with the specialized equipment, items, and services it provides to clients; b. Policies that describe job descriptions, competencies, disciplinary action measures, rules of employment and employee orientation; and c. Polices shall allow unrestricted access to the Mississippi Board of Pharmacy website and regulations.

7. Minimum standards for competency of employees: a. All employees shall be competent to perform the services of the position for which they are hired. b. Assessment of staff competency shall be reviewed/revised/updated at least every two (2) years. c. The competency policy shall outline the competency program including services and tasks performed by each designated staff member based on job function or category. This policy shall be reviewed and signed by each staff member.

8. Minimum standards for education and training of persons employed by home medical equipment suppliers: a. Educational topics provided must be relevant to the employee’s job function and provided on an annual basis. b. Records of staff attendance at all educational programs shall be maintained. c. The educational program shall include: i. OSHA and safety issues to include fire safety, disaster preparedness, and office security; ii. HIPAA, privacy, and security;

d. Orientation and training shall be provided to each employee whose job functions require it within ninety (90) days of employment. Orientation and training of the following areas shall be documented: i. Use of the equipment; ii. Safety and cleaning precautions and procedures for equipment; iii. Preventative maintenance, repair, and testing program for equipment; iv. Return demonstrations on back up oxygen systems delivered; v. Emergency and routine contact procedures; and vi. Delivery and review of written instruction materials to the patient to ensure the patient receives adequate information in order to properly operate the equipment.

9. Minimum standards for physical location and storage of home medical equipment: a. Suitable facilities shall be maintained to house inventory, to allow for equipment maintenance workspace and the storage and retrieval of all records required to be kept; b. The facility is kept in a clean, orderly, and sanitary condition at all times; c. The applicant’s services are accessible to its customer base; d. The applicant complies with all USP, FDA, DOT and OSHA requirements regarding the storage, packaging, labeling, and shipping of medical equipment including medical gases; e. The applicant can be contacted twenty-four (24) hours, seven (7) days per week when services needed are essential to the maintenance of life or when lack of services might reasonably cause harm; f. The applicant complies with all local/state fire and building laws; g. The facility is equipped with a functioning lavatory where hot and cold running water or hand washing appliances or waterless hand cleaner are available; and h. The facility is temperature controlled and regulated as required by the manufacturer.

10. Minimum standards for selection of equipment, devices, and supplies: a. All equipment, devices, and supplies shall be based on patient need; b. The permit holder shall obtain copies of features, warranties, and instructions for all items from the manufacturers; c. All items shall meet applicable Food and Drug Administration (FDA) regulations.

11. Minimum standards of safety and cleaning requirements for home medical equipment: a. Demonstrate and maintain documentation that a function and safety check was performed on each piece of equipment prior to set up, and such equipment is free of defects and operates within the manufacturer’s specifications; b. Document that all appropriate warning labels or labeling, including tags, are present on the equipment provided. c. Maintain an established protocol for cleaning and disinfecting equipment which addresses both aerobic and anaerobic pathogens; d. Maintain a Safety Data Sheet (SDS) on file for solutions and products used in cleaning and disinfecting procedures; e. Maintain segregated areas on the premises and in delivery vehicles for clean, dirty, and contaminated equipment;

f. Clean and disinfect equipment according to manufacturers’ specifications; g. Instruct the patient on proper cleaning techniques as specified by the manufacturer; and h. Ensure that all medical gas, oxygen, and respiratory related equipment is properly identified by a tag or label as to its current status of use, i.e. out of order or ready for use.

12. Minimum standards of comprehensive preventative maintenance, repair, and testing program for home medical equipment: a. Provide scheduled preventive maintenance, repairs and testing of all equipment and devices provided to clients as recommended by the equipment or device manufacturer; b. Establish a process to identify equipment scheduled for maintenance and provide the needed maintenance or repair of the equipment and devices according to the manufacturer’s guidelines or recommendations; c. Provide the client with a replacement item when equipment/device in use is scheduled for maintenance or repair; d. Establish a process to repair equipment and devices that are reported as damaged or malfunctioning; e. Maintain a file of all current manufacturer’s maintenance, warranties, repair, and testing instructions and recommendations for all equipment, devices, and supplies the permit provides; f. Only qualified staff members perform repairs or maintenance on equipment and devices according to the manufacturer’s guidelines; g. Report and return to the manufacturer of any defective item and disposition, as appropriate; and h. The maintenance and repair data for each piece of equipment or device, as appropriate, includes: i. Equipment name, manufacturer, model, and serial number; ii. Date equipment went into service; iii. Projected dates of manufacturer recommended scheduled maintenance cleaning and calibration; iv. Dates maintenance performed include both the dates and reason of performed repairs and the date of disposition after maintenance or repair; and v. Name of person or company performing the repair.

13. Implement a written procedure at each location for handling patient complaints and problems, which includes a complaint file documenting complaints and problems and resolutions of the complaints or problems. This procedure shall be in writing, shall be available onsite, either in a hardcopy or immediately accessible electronically, and provided upon the request of an agent of the Board. All patient complaints shall be maintained for at least a three (3) year period.

14. Minimum standards for patient counseling instruction: a. Utilize orientation checklists to review: i. Instructions for use of the equipment; and ii. Safety precautions; and

iii. Cleaning procedures; and iv. Maintenance procedures; and v. Return demonstrations on back up oxygen systems delivered; b. Instruct the patient about emergency and routine contact procedures; and c. Deliver and review written instruction materials to ensure that the patient receives adequate information in order to properly operate the equipment. d. A written plan of service shall be developed, implemented, and documented in the patient record and shall include an assessment of the safety of the home environment, the care giver or patient ability to comply with the order, and the care giver or patient ability to operate and clean the equipment as instructed.

15. Additional Regulations for medical gas, oxygen, and respiratory equipment suppliers: a. Oxygen and other medical gases being transported in cylinder or liquid form, shall comply with all current State and Federal Department of Transportation rules and regulations; b. Transfilling medical oxygen systems, shall comply with Food and Drug Administration (FDA) requirements regarding transfilling and repackaging; c. Oxygen and other medical gases provided in cylinder or liquid form shall meet minimum purity standards for medical grade oxygen and medical gases; and d. Maintain testing equipment to ensure accurate calibration. Testing equipment shall be appropriate for the level of service offered. Scales used to weigh liquid oxygen reservoirs shall be properly maintained to ensure accuracy. e. Documentation of all testing of equipment shall be maintained and readily accessible.

16. Medical gas and oxygen suppliers must also meet the following recall procedures: a. Ensure that lot numbers and expiration dates are affixed to each cylinder delivered; b. Maintain a tracking system for all medical oxygen and gas delivered; c. Document all equipment serial numbers and model numbers to ensure that equipment can be retrieved if a recall is initiated; and d. Maintain records for equipment that requires FDA tracking.

17. The above required policies, testing and required documentation shall be in writing and shall be available onsite or immediately accessible electronically, and provided upon the request of an agent of the Board.

18. A permit holder shall report to the Board within thirty (30) days any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court.

19. Failure to comply with the required policies and/or standards set forth in this Article shall be deemed a violation of the rules and regulations of the Board and may result in disciplinary action taken by the Board.

ARTICLE XXXIX AUTOMATED PHARMACY SYSTEMS

1. Automated pharmacy systems include, but are not limited to, mechanical systems that perform operations or activities relative to the storage, packaging, delivery, or distribution of medications, and which collects, controls and maintains all transaction information. Every pharmacy that utilizes any such automated medication delivery system shall comply with the following.

2. PERSONNEL

The pharmacist-in-charge shall have the following responsibilities: A. Assuring that the automated pharmacy system is in good working order and accurately delivers the correct strength, dosage form and quantity of the medication prescribed while maintaining appropriate record-keeping and security safeguards; and B. Implementing an ongoing quality assurance program that monitors performance of the automated pharmacy system, which is evidenced by written policies and procedures developed by the pharmacy; and C. Providing the Board with prior written notice of the installation or removal of any automated pharmacy system. Such notice must include the name and address of the pharmacy, the location of the automated equipment and the identification of the responsible pharmacist.

3. PHARMACY PRACTICE

Automated pharmacy systems can be utilized in permitted pharmacies, remote locations wherein patients are receiving pharmaceutical care by the pharmacist and/or pharmacy responsible for the automated pharmacy system, and other health care facilities, provided they are under the jurisdiction of the Board. The pharmacist-in-charge shall be responsible

for the following: A. Documentation as to type of equipment, serial numbers, content, policies and procedures and location shall be maintained onsite in the pharmacy for review by the Board. Such documentation may include, but is not limited to: (1) Name and address of the pharmacy and/or licensed health care facility where the automated pharmacy system(s) is being used; and (2) Manufacturer’s name and model; and (3) Description of how the device is used; and (4) Quality assurance procedures to determine continued appropriate use of the automated device; and (5) Policies and procedures for system operation, safety, security, accuracy, patient confidentiality, access and malfunction. B. Automated pharmacy systems should be used only in settings where there is a program of pharmaceutical care which provides that medication orders are reviewed by a pharmacist in accordance with established policies and procedures. The delivery

of a “first dose” or an “emergency dose” may take place without prior order review by a pharmacist, provided appropriate security and patient medication management controls are in place. C. All policies and procedures must be maintained in the pharmacy responsible for the system. If the system is not within the facility where the pharmacy is located, policies and procedures must be maintained at the location where the system is being used. D. Automated pharmacy systems shall have adequate security systems and procedures, evidenced by written polices and procedures, to: (1) Prevent unauthorized access and to comply with federal and state regulations; and (2) Maintain patient confidentiality. E. Records and/or electronic data kept by automated pharmacy systems shall meet the following requirements: (1) All events involving the contents of the automated pharmacy system must be recorded electronically; and (2) Records must be maintained by the pharmacy and must be readily available to the Board. Such records shall include: (a) Identity of system accessed; and (b) Identification of the individual accessing the system; and (c) Type of transaction; and (d) Name, strength, dosage form and quantity of the drug accessed and/or removed; and (e) Name of the patient for whom the drug was ordered and a record in the automated pharmacy system or other readily retrievable system of the name of the prescriber; and (f) Such additional information as the pharmacist-in-charge may deem necessary. F. Access to, and limits on access (e.g. security levels) to the automated pharmacy system must be defined by policy and procedures and must comply with state and federal regulations. G. The pharmacist-in-charge shall be responsible for: (1) Assigning, discontinuing or changing access to the system; and (2) Ensuring that access to the medications comply with state and federal regulations; and (3) Ensuring that the automated pharmacy system is filled/stocked/replenished accurately and in accordance with established written policies and procedures. H. The filling/stocking/replenishing of all medications in the automated pharmacy system shall be accomplished by qualified personnel under the supervision of a pharmacist licensed by the Board. I. A record of the medications filled/stocked/replenished in an automated pharmacy system shall be maintained for a period of two (2) years and shall include identification of the persons filling/stocking/replenishing and checking for accuracy.

J. All containers of medications stored in an automated pharmacy system shall be packaged and labeled in accordance with federal and state laws and regulations. K. The automated pharmacy system must have the capability to produce a hard copy printout of the utilization of controlled substances maintained in each automated pharmacy system. All aspects of handling controlled substances shall meet the requirements of all state and federal laws and regulations. L. The automated pharmacy systems shall provide a mechanism for securing and accounting for medications removed from and subsequently returning to the equipment, all in accordance with existing state and federal law. M. The automated pharmacy system shall provide a mechanism for securing and accounting for wastage of medications or discarded medications in accordance with state and federal law and/or regulations.

ARTICLE XL PHARMACY TECHNICIANS

1. PHARMACY TECHNICIAN REGISTRATION. Every person who acts or serves as a pharmacy technician must obtain a pharmacy technician registration from the Board in compliance with Mississippi Code Annotated Section 73-21- 111. In addition to the requirements of Mississippi Code Annotated Section 73-21-111, an applicant for pharmacy technician shall be at least eighteen (18) years of age and be a high school graduate or hold a GED equivalent. No pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary reasons shall be eligible to be registered as a pharmacy technician.

2. PHARMACY TECHNICIAN REGISTRATION RENEWAL. Each pharmacy technician shall renew his/her registration annually pursuant to Mississippi Code Annotated Section 73-21-111. A pharmacy technician registration that has not been renewed by March 31 of each year shall become inactive and the pharmacy technician shall not perform any pharmacy technician duties until the registration is renewed. Pharmacy technician registrations that are renewed after March 31 of the renewal period shall be charged a Fifty Dollar ($50) late renewal fee.

3. PHARMACY TECHNICIAN RESPONSIBILITIES AND GUIDELINES. A. In order to adequately protect the public health, pharmacy technicians shall not: a. Communicate, orally or in writing, any medical, therapeutic, clinical, or drug information or communicate any information recorded on a patient profile that requires professional judgment. b. Accept by oral communication a new prescription of any nature. c. Prepare a copy of a prescription or read a prescription to another person. d. Provide a prescription or medication to a patient without a pharmacist’s verification as to the accuracy of the dispensed medication. For the purposes of this regulation, verification shall mean that the licensed pharmacist shall be aware of the patient’s

medication profile, Drug Utilization Review, computer overrides, and drug interactions as well as the accuracy of the selected medication and labeling. e. Counsel a patient on medications or perform a drug utilization review. f. Perform any task that requires the professional judgment of a pharmacist. g. Perform any task that is in violation of any federal or state pharmacy or drug laws. B. Persons registered with the Board as a pharmacy technician may perform approved tasks under the direct supervision of a registered pharmacist as follows: a. Packing, pouring or placing in a container for dispensing, sale, distribution, transfer possession of, vending, or barter any drug, medicine, poison, or chemical which, under the laws of the United States or the State of Mississippi, may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. This shall also include the adding of water for reconstitution of oral antibiotic liquids. b. Affixing required labels upon any container of drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals. c. Taking from and replacing upon shelves in the prescription department of a pharmacy, drugs, medicines, chemicals, or poisons which are required by the law of the United States or the State of Mississippi to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them. d. Entering information into the pharmacy computer. The pharmacy technician shall not make any judgmental decisions, which could affect patient care. The final verification of prescription information entered into the computer shall be made by the supervising pharmacist who is then totally responsible for all aspects of the data and data entry. e. Obtaining prescriber authorization for prescription refills provided that nothing about the prescription is changed. f. Prepackaging and labeling of multi-dose and unit-dose packages of medication. The pharmacist must establish the procedures, including selection of containers, labels and lot numbers, and must check the finished task. g. Dose picking for unit dose cart fill for a hospital or for a nursing home patient. h. Checking and inspecting nursing units in a hospital or nursing home: Pharmacy technicians may check nursing units for proper medication storage and other related floor stock medication issues. Any related medication storage problems or concerns shall be documented and initialed by a pharmacist. i. Recording patient or medication information in electronic systems for later validation by the pharmacist. j. Bulk reconstitution of prefabricated non-injectable medication. k. Bulk compounding. This category may include such items as sterile bulk solutions for small volume injectables, sterile irrigating solutions, products prepared in relatively

large volume for internal or external use by patients, and reagents or other products for the pharmacy or other departments of a hospital. l. Preparation of parenteral products as follows: The pharmacy technician must follow guidelines established by the pharmacist by policy and procedures. Pharmacy technicians may perform functions involving reconstitution of single or multiple dosage units that are to be administered to a given patient as a unit. Pharmacy technicians may perform functions involving the addition of one manufacturer's single dose or multiple unit doses of the same product to another manufacturer's prepared unit to be administered to a patient. The supervising pharmacist must verify the accuracy in all instances. m. Pharmacy Technicians in an institutional setting may conduct patient medication histories without the direct supervision of a pharmacist. The institution must have policies and procedures and training protocols to govern such tasks. C. Every person acting or serving as a pharmacy technician shall wear a name tag, while on duty, identifying him or her as a pharmacy technician. When communicating by telephone, the pharmacy technician shall promptly identify himself or herself as a pharmacy technician. D. Each pharmacy technician registered by the Board shall be responsible to maintain current information in the Board’s licensing system. Each pharmacy technician shall update any change of employment or change of residential address within ten (10) days of the change occurring. If the pharmacy technician becomes unemployed, the pharmacy technician shall update the employment status to unemployed within ten (10) days of becoming unemployed. Failure to update information changes in the Board’s licensing system may result in disciplinary action by the Board.

4. RESPONSIBILITY OF SUPERVISING PHARMACIST AND PHARMACIST-IN- CHARGE. A. It is the responsibility of the supervising pharmacist on duty to require that all pharmacy technicians under his/her supervision comply with this Article. B. It is the responsibility of the pharmacist-in-charge to ensure that all pharmacy technicians performing pharmacy technician duties have valid pharmacy technician registrations. C. It is the responsibility of the pharmacist-in-charge to ensure that the technician is certified, has completed an accredited training program, or provides a training program for a pharmacy technician that includes pharmacy terminology, pharmacy calculations, dispensing systems and labeling requirements, pharmacy laws and regulations, record keeping and documentation, proper handling and storage of medications, pharmaceutical diversion awareness, and medication safety. D. A pharmacist may not supervise more than three (3) pharmacy technicians during a given time. Any pharmacist that supervises more than three (3) pharmacy technicians during a given time is subject to disciplinary action by the Board. Support personnel used solely

for clerical duties such as filing prescriptions and general record keeping need not be included in the pharmacist to pharmacy technician supervision ratio.

ARTICLE XLI MEDICAL GAS WHOLESALERS PERMIT

1. Every person, business or other entity where medical gas(es) are maintained, bought, sold or distributed within this state shall obtain a permit as a medical gas wholesaler from the Mississippi Board of Pharmacy.

2. To obtain a permit or renew a permit for a medical gas wholesalers permit, the applicant shall: A. Submit a written application on a form prescribed by the Board; B. Submit the required fees as follows: Fifty dollars ($50.00) for the registration period January 1, 2012, through December 31, 2013, and each biennial registration period thereafter.

A penalty of $50.00 shall be added to all late renewals postmarked after January 1, of each renewal period.

3. Every business issued a medical gas wholesalers permit shall renew this permit biennially. Newly issued permits which do not coincide with the registration period shall be valid for the following periods of time: If the permit is issued in the first half of the registration period, it must be renewed at the end of the registration period. If the permit is issued in the second half of the registration period, it must be renewed at the end of the next registration period.

4. The person who signs the application for a medical gas wholesalers permit or its renewal shall be the permit holder for that facility and shall be responsible for all activities in the permitted facility which are subject to regulation by the Board. Once issued, a permit cannot be amended, transferred or assigned to another person.

5. If the employment of a permit holder is terminated or if for any other reason he/she wishes to be relieved of the responsibilities of the permit holder, he/she must return the medical gas distributors permit to the Mississippi Board of Pharmacy with written notice that he/she is no longer the permit holder for that facility. When a permit is thus returned, application for a new permit for that facility must be made to the Mississippi Board of Pharmacy within ten (10) days.

6. If a permitted facility is permanently closed or has a change of ownership, the permit holder for that facility shall give notice to the Board of the effective date of closure or change in ownership at least ten (10) days prior to the closure or change of ownership.

7. If a permitted facility has a change in name or location, a new permit must be obtained.

Application for this new permit must be made to the Board at least ten (10) days prior to the change. 8. All medical gas wholesalers permitted by the Mississippi Board of Pharmacy shall comply with the following:

A. A medical gas wholesaler shall distribute medical gases only to those persons authorized by state law to purchase, maintain, administer or use these products. B. A medical gas wholesaler shall not distribute medical gases directly to a patient. C. A medical gas wholesaler must maintain records of all acquisition and sales of medical gases for a period of two (2) years. Normal business records are sufficient. D. A medical gas wholesaler who wishes to transfill medical gases shall register with the Food and Drug Administration and shall comply with all regulations and standards as required by such registration. All copies of any inspections conducted by the Food and Drug Administration shall be maintained and produced for review by any agent of the Mississippi Board of Pharmacy. A copy of the transfilling registration must be maintained on file. E. A medical gas wholesaler shall properly store and transport any medical gas in compliance with all federal, state and local laws and regulations. F. The Board of Pharmacy may refuse to issue or renew, or may suspend, revoke or restrict the permit of any medical gas wholesaler under the applicable provisions of ARTICLE IX of these regulations.

9. For purposes of these regulations “medical gas” means a liquid or gaseous substance used for medical purposes and that is required by federal law to bear the following statement: “Caution: Federal law prohibits dispensing without a prescription.” Medical gases may include, but not be limited to liquid oxygen, compressed oxygen and nitrous oxide.

ARTICLE XLII ADMINISTRATIVE PROCEDURE RULES REPEALED. Effective 09/17/2025.

ARTICLE XLIII PRESCRIPTION MONITORING PROGRAM The Mississippi Board of Pharmacy shall operate a Prescription Monitoring Program (PMP) as provided for in Mississippi Code Annotated Section 73-21-127. 1. In addition to the provisions of Mississippi Code Annotated Section 73-21-127, the following reporting provisions shall apply: a. Direct administration of a controlled substance to the body of an ultimate user (such as in an inpatient setting) is exempt from reporting. b. Any quantity of drug dispensed that is limited to an amount adequate to treat the ultimate user for 48 hours or less is exempt from reporting. c. Dispensing by a veterinarian is exempt, however prescriptions written by a veterinarian and filled by a pharmacy are required to be reported by the pharmacy. d. Controlled substance prescriptions dispensed for patients in nursing homes, ICFMRs, and Assisted Living facilities ARE required to be reported.

e. Mail Order pharmacies (in Mississippi, or shipping into Mississippi) shall report to the Mississippi Prescription Monitoring Program. f. Pharmacies shall report controlled substance dispensing information every twenty- four (24) hours or the next business day. 2. The Board may specify a uniform electronic format for the mandatory reporting, sharing, and disclosure of PMP information. Dispensers will submit information as required by the Prescription Monitoring Program. Any reporting errors shall be corrected by the dispensers within seven (7) working days of being notified of the error. The Board may develop guidelines for the registration and use of the Prescription Monitoring Program. Failure to follow the Board approved guidelines may result in disciplinary action. 3. It is the intent of the Board that pharmacists utilize the PMP on a regular basis based on their professional judgment. 4. Prior to dispensing a prescription for a Schedule II opiate, a pharmacist shall review the prescription monitoring program based on any of the following circumstances: a. The patient is a new customer to that pharmacy; or b. The patient has not had an opioid prescription filled at that pharmacy within six (6) months; 5. The prescription monitoring program shall be reviewed at least once every six (6) months for any patient receiving controlled substances.

ARTICLE XLIV SEVERABILITY PROVISION

If any ARTICLE, Section, Paragraph, Sentence, Clause, Phrase, or any part of the above and foregoing Rules and Regulations of the Mississippi Board of Pharmacy is declared to be unconstitutional or void or for any reason is declared to be invalid or of no effect, the remaining ARTICLES, Sections, Paragraphs, Sentences, Clauses, Phrases, shall be in no manner affected thereby but shall remain in full force and effect.

ARTICLE XLV PHARMACY BENEFIT MANAGER

Pharmacy Benefit Managers must comply with all federal and state laws and regulations which include, but is not limited to: • Mississippi Pharmacy Practice Act §§ 73-21-69 to 73-21-129 • Pharmacy Benefit Prompt Pay Act §§ 73-21-151 to 73-21-163 • Pharmacy Audit Integrity Act §§ 73-21-175 to 73-21-191 • Prescription Drugs Consumer Affordable Alternative Payment Options Act §§ 73-21- 201 to 73-21-205

LICENSE REQUIRED BEFORE CONDUCTING BUSINESS AS PHARMACY BENEFIT MANAGER; PHARMACY BENEFIT MANAGERS TO FILE CERTAIN FINANCIAL STATEMENTS WITH STATE BOARD OF PHARMACY; TIME PERIOD FOR FILING STATEMENTS

A. Before beginning to do business as a pharmacy benefit manager, a pharmacy benefit manager shall obtain a license from the board. To obtain a license, the applicant shall submit an application to the board on a form prescribed by the board. The application shall include, but not be limited to: i. The identity of the pharmacy benefit manager and any company or organization controlling the operation of the pharmacy benefit manager, including the name, business address, and contact person and direct contact information for the pharmacy benefit manager and the controlling entity. ii. A current “Certificate of Good Standing” from the Mississippi Secretary of State. iii. In the case of a pharmacy benefit manager domiciled out of the State of Mississippi, a certificate that the pharmacy benefit manager, controlling company or organization is in good standing in the state of domicile or organization. iv. A report of the details of any suspension, sanction, penalty or other disciplinary action relating to the pharmacy benefit manager, controlling company or organization, in the State of Mississippi or any other state, territory or country. v. The pharmacy benefit manager shall report all previous data security breaches and HIPAA security breaches. vi. The name and address of the agent of record or for services of process for the pharmacy benefit manager in Mississippi. vii. A list of the pharmacy benefit manager’s principal owners. viii. The geographical services area of the pharmacy benefit manager. ix. A current list of all entities on whose behalf the pharmacy benefit manager has contracts or agreements to provide pharmacy benefit services. x. The number of total enrollees or lives served under all of the pharmacy benefit manager’s contracts or agreements in Mississippi and nationwide. xi. A contingency plan describing how contracted pharmacy benefit services will be provided in the event of insolvency of the pharmacy benefit manager. xii. The most recently concluded fiscal year-end financial statements for the pharmacy benefit manager and its controlling company or organization, which statements have been audited by an independent certified public accountant (CPA) under U.S. generally accepted accounting principles (GAAP). xiii. The names and addresses of the public accounting firm and internal accountant(s) preparing or assisting in the preparation of such financial statements. xiv. A certificate signed by the Chief Executive Officer of the pharmacy benefit manager, or equivalent administrator with the authority to speak on behalf of the company, attesting to the accuracy of the information contained in the filing.

B. A non-refundable license fee of Five Hundred Dollars ($500.00) must accompany each application for the application to be considered complete. C. The Pharmacy Benefit Manager license shall be an annually renewable license expiring on December 31st of each calendar year. ‘Pro rata’ pharmacy benefit manager licenses are allowed by the Board. D. A completed application, along with online fee payment, for an initial or a renewal of a Pharmacy Benefit Manager license must be received through the Mississippi Board of Pharmacy online licensing renewal gateway no later than 12:00 o’clock pm CDT December 31st annually. In the event that a pharmacy benefit manager license renewal is received after

December 31st, a Five Hundred Dollars ($500.00) late fee will be assessed and payment must be received by the Board before a license will be issued. E. A monetary penalty of One Thousand Dollars ($1000.00) per day may be imposed upon any Pharmacy Benefit Manager that practices or conducts business in the State of Mississippi without a license.

ARTICLE XLVI CHARITY PHARMACY PERMITS

1. Facilities that dispense prescription medications to poor and underprivileged persons at no charge shall obtain a charity pharmacy permit from the Mississippi Board of Pharmacy. Such medications must be dispensed pursuant to orders or prescriptions of practitioners authorized by law to prescribe such drugs. A facility permitted by the Mississippi Board of Pharmacy may dispense prescription medications to poor and underprivileged persons at no charge without a charity pharmacy permit pursuant to a charitable drug distribution program that has been approved by the Mississippi Board of Pharmacy. 2. A Charity Pharmacy may receive, maintain and dispense donated “sample” or purchased prescription medications to medically indigent residents of the State of Mississippi pursuant to a valid prescription or order. No dispensed patient specific medications may be received for re- dispensing under this permit except as allowed by these regulations. It is the responsibility of the charity pharmacy to determine eligibility of patients to receive medications at no cost. Controlled substances may not be donated, purchased by or transferred to a charity pharmacy under this regulation. Donated medications must be received, maintained and dispensed in accordance with Pharmacy Board Regulations. 3. A Charity Pharmacy may receive, maintain and dispense un-needed and unused prescription medications donated by Long Term Care (LTC) and Assisted Living Facilities (ALF) pursuant to regulations as established by the Board. 4. Long-Term Care (LTC) and Assisted Living Facilities (ALF) may apply to the Mississippi Board of Pharmacy for an Unused/Unneeded Medication Donation Permit. Such facilities must be in good standing with the Mississippi State Department of Health and must comply with guidelines established by the Board for donation of un-needed and unused prescription medications to a charity. It is the responsibility of the charity pharmacy to determine eligibility of patients to receive medications at no cost. Controlled substances may not be donated or transferred by a LTC or ALF to a charity pharmacy under this regulation. 5. The Consultant Pharmacist for the Long-Term Care/Assisted Living Facility must verify that the facility has policies and procedures to comply with the following guidelines regarding donation of un-needed and unused prescription medication to a charity pharmacy: A. A dispensed prescription is the property of the patient for whom it was prescribed regardless of who paid for the prescription. The patient or agent of the patient must authorize the donation of the un-needed or unused medications, unless the patient is deceased. Long Term Care/Assisted Living Facilities must maintain documentation of authorization for donation of medications for a period of two years. B. Quality and suitability for reuse of prescription medications may be determined by verifying documentation of the following:

(1) That the medications have been maintained in compliance with applicable Board of Pharmacy Regulations. (2) That prior to donation to the Charity pharmacy, the name of the patient and any identifying information must be redacted or removed. (3) That medications are not adulterated or mutilated. (4) That medications have identifiable expiration dates that are more than 60 days after the date the drugs are donated to the charity pharmacy. (5) That liquid medications are not acceptable for reuse or dispensing. (6) That expired medications are not acceptable for reuse or dispensing. (7) That controlled substances are not acceptable for donation and dispensing. C. Medication Donation Forms must be completed according to the following guidelines and contain the following pertinent information: (1) Name, address, Board of Pharmacy Permit Number for the donating LTC/ALF facility and name of consultant pharmacist of the donating facility. (2) Name, address, Pharmacy Permit Number and name of Pharmacist-In-Charge of Charity Pharmacy to whom the medications are to be donated. (3) Name, strength, quantity, expiration date, and identification verification of medications to be donated. (4) The consultant pharmacist or a licensed healthcare provider of the donating entity must attest that the donated medications have been maintained in compliance with procedures developed by the consulting pharmacist to product integrity of the donated medications. (5) The Medication Donation Form must be signed and dated by the Charity Pharmacy Pharmacist Representative on receipt of donated medications. (6) A copy of the Medication Donation Form must be maintained in chronological order by the donating entity as well as the receiving Charity Pharmacy for a period of two (2) years. 6. Eligibility of donated prescription drugs: A. Prescription drugs for donation must be packaged in the original sealed or tamper evident packaging in unit dose or blister packs as prepared by the original packager/repackager of the medication. B. Prior to reuse or dispensing by the Charity pharmacy, medications must be identified by a licensed Pharmacist. C. No adulterated, misbranded, compounded or unidentified medications may be accepted and dispensed by the Charity Pharmacy. D. The expiration date assigned by the original packager/repackager of the medication will become the expiration date of the donated medication. E. Donated prescription medications may not be sold, resold, offered for sale, traded or transferred to any other entity. F. Donated medications must remain in original sealed packaging until time of dispensing. G. Unused and un-needed donated medications may not be returned to the donating facility and must be rendered unusable and disposed of in accordance with Board of Pharmacy Regulations. Records of disposal must be maintained for a period of two (2) years and must

contain the signatures of two witnesses to the destruction one of which must be a licensed pharmacist. 7. Responsibility of Charity Pharmacy Pharmacist-In-Charge regarding donated medications for dispensing: A. Coordinate retrieval, transportation and storage of donated unused prescription medications from authorized LTC/ALF. To insure the integrity of the donated medications, the donated medications should be transported directly from the donating facility to the charitable pharmacy. Assure that donated medications are identified and product integrity is guaranteed.

ARTICLE XLVII PHYSICIAN DISPENSING FACILITY PERMITS For the purposes of this Article, a “dispensing physician” means any physician who dispenses to a patient for the patient's use any controlled substance, legend drug or other medication where such medication is purchased by the physician for resale to a patient whether or not a separate charge is made. Section 1: Application for Permit Pursuant to Part 2640, Chapter 1, Rule 1.9 of the Mississippi Board of Medical Licensure Regulations, every dispensing physician in this State shall obtain a dispensing physician facility permit from the Mississippi Board of Pharmacy for every location where controlled substances or legend drugs are dispensed. The dispensing physician must obtain a certificate to dispense medications from the Mississippi Board of Medical Licensure prior to applying for a dispensing physician facility permit from the Mississippi Board of Pharmacy. Such permit shall be obtained by applying for a permit on a form supplied by the Mississippi Board of Pharmacy and accompanied by a fee of Three Hundred Dollars ($300.00). All physician dispensing facility permits expire on December 31 of each year and shall be renewed annually by submitting a renewal application and a renewal fee of Three Hundred Dollars ($300.00). Any renewal application postmarked after December 31 st of the renewal period shall be returned and assessed a Fifty Dollar ($50.00) late fee prior to renewal. Dispensing physician facility permits are not transferable or assignable. Any physician that utilizes an automated dispensary must obtain a separate Automated Physician Dispensing Facility Permit. Each automated dispensary shall be required to have a separate permit. An automated physician dispensing facility permit shall be obtained by applying on a form supplied by the Mississippi Board of Pharmacy and accompanied by a fee of Three Hundred Dollars ($300.00). All automated physician dispensing facility permits expire on December 31 of each year and shall be renewed annually by submitting a renewal application and a renewal fee of Three Hundred Dollars ($300.00). Any renewal application postmarked after December 31 st of the renewal period shall be returned and assessed a Fifty Dollar ($50.00) late fee prior to renewal. Automated dispensing physician facility permits are not transferable or assignable. Section 2: Record Keeping

1. Every Physician Dispensing Facility Permit issued by the Board of Pharmacy shall keep

complete and accurate records of the acquisition and disposition of all controlled substances. An annual inventory shall be conducted on all controlled substances. These records shall include: a. A current dated and signed inventory of all controlled substances on hand on the inventory date; b. Complete and accurate records of receipt of all controlled substances; c. Complete and accurate records of disposition of all controlled substances.

Records of acquisition must be maintained for a period of two (2) years. Records of disposition must be maintained for a period of six (6) years. These records shall be kept in such a manner that an audit will show the beginning inventory and record of acquisition of controlled substances to balance with the controlled substances on hand and the record of disposition of controlled substances.

2. Unless authorized by the Federal Drug Enforcement Administration to maintain records of controlled substances at a location other than the location permitted by the Mississippi Board of Pharmacy, these records shall be maintained at the permitted location. All records pertaining to controlled substances shall be made available for inspection and copying by agents of the Mississippi Board of Pharmacy. A dispensing physician may use a data processing system or a manual record keeping system for the storage and retrieval of all drug order and dispensing information. All records of controlled substances in Schedule II shall be maintained separately from all other records. All records of controlled substances in Schedule III, IV and V, whether maintained manually or in a data processing system, shall be maintained separately or in such a manner that they are readily retrievable from the other business records. Invoices for controlled substances shall be dated and initialed by the person receiving the order.

3. If a dispensing physician utilizes a data processing system, it must provide immediate retrieval of drug dispensing information. The data processing system must have the capability of producing a hard copy printout of all dispensing information including an audit trail for any specified strength and dosage form of any controlled substance either by brand name or generic name or both for any time period in the prior two (2) years. The audit trail specified by this Article must be produced on verbal or written request of any Compliance Agent of the Board. Failure to produce and provide this audit trail within twenty-four (24) hours constitutes prima facie evidence of failure to keep and maintain records as required by this Article.

4. The records of controlled substances in Schedules II, III, IV and V, which are maintained in a data processing system shall be maintained with the following information pertaining to the initial dispensing of the drug shall be entered into the data processing system:

a. Date of initial dispensing; b. Name and address of patient; c. Dispensing physician's name and DEA registration number; and d. The name, strength, dosage form and quantity of the controlled substance ordered and dispensed.

5. A record of all controlled substance dispensing information shall be transmitted to the

Prescription Monitoring Program every twenty-four (24) hours or within the next business day by all dispensing physicians for all controlled substances dispensed which amounts to greater than a forty-eight (48) hour supply. Dispensers will be required to collect and transmit the following information: a. The recipient’s name; b. The recipient’s or the recipient representative’s identification number; c. The recipient’s date of birth; d. The national drug code (NDC) number of the controlled substance dispensed; e. The date the controlled substance is dispensed; f. The quantity of the controlled substance dispensed; g. The number of days supply dispensed; h. The dispenser’s NCPDP registration number; i. The dispenser’s DEA registration number, and j. The method of payment of the prescription purchase.

6. A single physician dispenser may not share or otherwise allow other practitioners to utilize medications or inventory ordered under their authority. Proper transference of medications may take place pursuant to an accurate record of acquisition and disposition of the medications being transferred. Additionally, for the transference of controlled substances, all Federal Drug Enforcement Agency (DEA) regulations must be followed.

Section 3: Storage and Dispensing Conditions

1. All drug products which are stored or maintained in a facility permitted by the Board of Pharmacy shall remain in the manufacturer's or repackager's original container. The label of any container in which drugs are maintained must bear the drug name, strength, the manufacturer's control lot number and the expiration date. Drugs which are precounted and prepackaged, or placed in automatic tablet counting machines, for purposes of dispensing shall be identifiable as to expiration date and manufacturer's control lot number. The containers in which drug products are maintained shall not be labeled in any false or misleading manner. The labeling requirements of this ARTICLE are in addition to, and not in lieu of, other labeling requirements of the laws of the state of Mississippi and laws of the United States or federal regulations.

2. No physician may delegate dispensing authority to another person. Except as allowed pursuant to an automated dispensing physician facility permit, a physician must personally dispense the medication. For the purpose of this regulation, “personally dispense” means the physician must actually obtain the medication, prepare, count, place the medication into the appropriate container and affix the appropriate label to the container.

3. A physician shall not dispense out-of-date drugs and shall not maintain out-of-date drugs intermixed with the stock of current drugs. Out-of-date drugs shall be promptly removed from current stock and stored separately until proper disposal shall be made.

4. The Board of Pharmacy or its representative may seize, embargo, quarantine or place under seal any drug or controlled substance which may constitute an imminent danger to the public

health or safety.

5. A physician shall not accept the return for subsequent resale or exchange any drug after such drug has been taken from the premises where sold, distributed or dispensed and from the control of the physician.

6. All drug products shall be maintained, stored and dispensed in such a manner as to maintain the integrity of the product.

7. Unless requested not to do so, all medication dispensed in a liquid or solid dosage form shall be dispensed in child resistant packaging.

8. Disasters, accidents or emergencies which may affect the strength, purity or labeling of drugs shall be immediately reported to the Board of Pharmacy.

9. Customized Patient Medication Packages: In lieu of dispensing two or more prescribed drug products in separate containers, a physician may, with the consent of the patient or a patient's care giver, provide a customized package, known as a patient med-pak, provided: a. Patient med-paks shall bear a label (or labels) including all information required on a traditional prescription label. In addition, the med-pak shall bear an identification number unique to that patient med-pak, the date of preparation and the beyond-use date of the patient med-pak (not to exceed ninety (90) days from the date of preparation). If the patient med-pak allows for the removal or separation of individual cells within the med- pak, each cell shall bear a label identifying each of the drug products contained. b. It is the responsibility of the dispensing physician when preparing the med-pak to take into account any applicable compendia requirements or guidelines and the physical and chemical compatibility of the dosage forms placed within each cell of the med-pak, as well as any therapeutic incompatibilities that may attend the simultaneous administration of the drugs. c. A record of each patient med-pak shall be made and filed. Each record shall contain at a minimum: i. The name and address of the patient; ii. The unique identification number of the patient med-pak; iii. The drug name, manufacturer or distributor name and lot number of each drug product contained; iv. Any special labeling instructions; v. Information identifying or describing the design, characteristics, or specifications of the med-pak, sufficient to allow subsequent preparation of the med-pak for the patient; vi. The date of preparation of the patient med-pak and the beyond-use date that was assigned; and vii. The name or initials of the physician responsible for preparing the med-pak.

Section 4: Labeling

The label on the dispensing container shall include:

1. The name and address of the patient to whom the medication was dispensed; 2. The date that the medication was dispensed; 3. The drug name, manufacturer or distributor name and lot number of the drug product dispensed; 4. The strength and quantity of the medication; 5. Directions for taking or administering the medication; 6. The name and address of the physician dispensing the medication, and 7. Any other information which is necessary or required.

The label shall be affixed to the outside of the container of the dispensed medication by means of adhesive or tape or any other means which will assure that the label remains attached to the container.

Section 5: Security In all places where controlled substances are maintained, they shall be maintained in a manner to deter loss by theft or burglary. Storage of controlled substances in any schedule may be made in a securely locked, substantially constructed container or area; or they may be dispersed throughout the stock of non-controlled substances in such a manner as to obstruct the theft or diversion of the controlled substances; or they may be stored by a combination of these methods. Only the dispensing physician or person authorized by the dispensing physician shall have access to this storage area.

Section 6: Inventory

1. If a facility has a loss of controlled substances, a complete inventory of all remaining controlled substances shall be made within forty-eight (48) hours of discovery of the loss of controlled substances. This inventory shall be dated and signed by the dispensing physician conducting the inventory. Any loss or suspected loss of controlled substances shall be reported directly to the Mississippi Board of Pharmacy immediately upon discovery and a written report made to the Mississippi Board of Pharmacy within fifteen (15) days; this written report shall include a copy of the inventory required by this ARTICLE. 2. When a facility has a change in ownership, or is permanently closed, a complete inventory shall be made of all controlled substances at the time of the change. A copy of this inventory shall be kept with other records of controlled substances in the facility and a copy shall be sent to the office of the Board of Pharmacy. When a facility is permanently closed, the dispensing physician shall notify the Board in writing within fifteen (15) days by what means and as to whom controlled substances were transferred or disposed of.

2. Every dispensing physician facility permitted by the Mississippi Board of Pharmacy shall take an annual inventory of all controlled substances on hand on or about May 1 but no later than May 15. A facility may conduct the controlled substance inventory at another date so long as the annual inventory is conducted during the same period each year. This inventory shall be maintained with the other controlled substance records of the facility.

Section 7: Disposal of Controlled Substances

1. Any dispensing physician authorized to possess controlled substances in the course of his/her professional practice or the course of their business may dispose of any expired, excess or unwanted controlled substances by contacting and utilizing the services of a reverse distributor as defined by the Federal Drug Enforcement Administration. Any such reverse distributor must hold a valid Certificate of Registration Number issued by the Federal Drug Enforcement Administration and the Mississippi Board of Pharmacy. All records of the disposal of controlled substances shall be maintained for a period of two (2) years.

2. A dispensing physician facility permitted by the Mississippi Board of Pharmacy in which controlled substances are administered to patients, may make on-premises destruction of controlled substances provided:

a. The controlled substance is the remainder of a prepackaged single dosage unit or unit of use. b. At least part of the unit dose or unit of use was administered. c. The destruction is recorded showing: i. The name of the drug; ii. The amount of the drug which was administered and the amount of the drug which was destroyed; iii. The time and the date of destruction; iv. The name of the patient; v. The name of the person administering the drug; vi. The signature of the person (physician or nurse) making the destruction; vii. The signature of a second person who witnessed the destruction. d. The record of the destruction is maintained by the facility. e. A single dosage unit or any unit of use of a controlled substance which (1) is broken, (2) becomes contaminated, (3) or for any reason cannot be used, may be destroyed on premise provided the destruction is documented.

3. Except as provided for in this ARTICLE, no controlled substance may be destroyed or disposed of by a permitee without written permission of the Regional Director of the Federal Drug Enforcement Administration. Section 8: Automated Dispensaries 1. Any physician utilizing an automated dispensary will be responsible for developing and implementing written policies and procedures to ensure safety, accuracy, accountability, security, patient confidentiality and maintenance of the quality, potency and purity of the medications dispensed by the automated dispensary.

4. Any physician utilizing an automated dispensary will be responsible for the proper maintenance and inventory/accountability requirements as if the physician were personally dispensing the medications to the patients from his or her medication stock/inventory in their personal practice.

5. An automated dispensary may only be stocked by the inventory/stock from a single physician and may not dispense controlled substances.

6. The stocking of an automated dispensary shall be performed only by the responsible physician. This task may not be delegated.

7. All medications dispensed from the automated dispensary shall comply with the labeling requirements of Section 4 of this regulation.

8. No medication may be dispensed from an automated dispensary unless the patient has first had an initial or follow-up visit with the physician. Any refills dispensed from an automated dispensary must be accompanied by its own preceding physician visit.

9. Any automated dispensing system shall maintain an electronic record of all information related to each and every medication dispensed including, but not limited to, all label information and date and time of dispensing.

Section 9: Dispensing Compounded Products 1. Prior to engaging in compounding pharmaceuticals for dispensing, a physician dispensing facility shall obtain a compounding certificate from the Mississippi Board of Pharmacy. a. To obtain a compounding certificate, an applicant must complete a compounding certificate application. A compounding certificate is required for each physician dispenser. The physician dispenser shall not delegate any part of the compounding process to another person. b. A compounding certificate will expire when the physician dispensing permit expires and can be renewed at the time the physician dispensing permit is renewed. c. Compounding for dispensing, without obtaining the compounding certificate, shall be grounds for disciplinary action. d. Every physician dispenser that engages in compounding for dispensing shall keep records of all compounded products that are dispensed to patients. Such records shall be readily available for authorized inspection for six (6) years from the date of dispensing. e. Any dispensing physician with an active compounding certificate for dispensing is subject to a compounding inspection by the Board. 2. Every dispensing physician that is engaged in compounding pharmaceuticals for dispensing shall comply with USP 795, USP 797, and USP 800 when compounding in the scope of those chapters. 3. For the purposes of this Section, flavoring is not considered compounding. In addition, the combining of commercially manufactured, ready-to-use products shall be exempt from USP 795 compounding standards under the following conditions: a. No more than four (4) commercially manufactured ready-to-use products (that have not been manipulated) are used; b. Compounding is not done in anticipation of orders; c. Must follow USP 795 beyond use dates (BUDs); d. The prescription label complies with all related USP chapter requirements as well as the labeling requirements set forth in this regulation. 4. A physician dispenser may compound for dispensing to an individual patient, medications that are not commercially available in the marketplace in compliance with Compounding Using Bulk Drug Substances Under Section 503A of the Federal Food, Drug, and Cosmetic Act. This includes compounding a copy of a commercial product when that commercial product is not available as evidenced by either of the following: a. Products that appear as unresolved status on the FDA drug shortage list in effect under Section 506E of the FD&C Act; or b. Products discontinued and no longer marketed by the manufacturer.

5. A physician dispenser shall not compound for dispensing products that appear on the FDA List of Drugs withdrawn or removed from the market for safety reasons or on the FDA List of Drug products that present demonstrable difficulties in compounding. 6. A physician dispenser shall not offer compounded human drug products to other practitioners or to pharmacies for resale or dispensing. A physician dispenser may not dispense compounded product from another practitioner or that was compounded by a 503A or 503B pharmacy. 7. Nothing in this section prohibits a physician from compounding for immediate administration or requires a physician dispenser to obtain a compounding certificate from the MS Board of Pharmacy for compounding for administration.

ARTICLE XLVIII TELEPHARMACY

Section 1. Purpose and Scope

As market forces continue to adversely impact community pharmacies, some pharmacies have or will close permanently. In certain parts of the state, such closures create critical access issues for citizens in need of pharmacy services. As the pharmacy workforce continues to evolve, with changing patterns of distribution of the workforce, certain parts of the state have experienced a shortage of pharmacists, which can adversely impact access to pharmacist care. In an effort to improve access to pharmacist care and pharmacy services, the Board has determined it appropriate to establish standards for the operation and regulation of telepharmacy services.

Section 2. Definitions. For the purposes of this Article:

(a) “Supervising pharmacy” means a permitted pharmacy in Mississippi that supervises a telepharmacy dispensing site. (b) “Still image capture” means a specific image captured electronically from a video or other image capture device. (c) “Store and forward” means a video or still image record which is saved electronically for future review. (d) “Telepharmacy dispensing site” means a permitted pharmacy supervised by a supervising pharmacy that offers pharmacy services using a telepharmacy system. (e) “Telepharmacy system” means a system that monitors the dispensing of prescription drugs and provides for related drug use review and patient counseling services by an electronic method which shall include the use of the following types of technology: 1. Audio and video; 2. Still image capture; and 3. Store and forward Section 3. Telepharmacy Dispensing Site

A. General Requirements

1. At the time of its opening, there shall be no other pharmacies licensed by the board within a fifteen (15) mile radius of the location of the telepharmacy dispensing site. The Board may grant a waiver to the mileage restriction if the Board determines there is an appropriate need for a waiver. 2. A telepharmacy dispensing site permit shall authorize the permit holder to procure and possess prescription and non-prescription drugs and devices, and: a. hold such items for immediate administration directly to a patient pursuant to an order from a lawful prescriber; b. dispense such items to a patient for later use upon the order of a practitioner with prescriptive authority; or c. distribute such items to another entity with lawful authority to procure and possess such items. 3. In the event the telepharmacy dispensing site intends to procure and possess any controlled substances, that pharmacy shall first obtain a Controlled Substance Registration as well as the federal registration from the U.S. Drug Enforcement Administration. 4. The telepharmacy dispensing site shall operate using a telepharmacy system under the control of its supervising pharmacy. 5. A supervising pharmacy may supervise no more than two telepharmacy dispensing sites, and the supervising pharmacy and all such telepharmacy dispensing sites must be located within the state of Mississippi. 6. The minimum staffing requirement for a telepharmacy dispensing site shall be a certified pharmacy technician with at least two years of experience as a certified pharmacy technician and with demonstrated proficiency in operating the telepharmacy system used in the telepharmacy dispensing site. 7. A pharmacist shall approve each prescription before it is taken away from the telepharmacy dispensing site. B. Licensing Procedure 1. A person or other entity intending to operate a telepharmacy dispensing site shall obtain a Telepharmacy Dispensing Site Permit by completing an application form supplied by the board and submit it with any required attachments and the application fee to the board. 2. The board shall not process applications received by facsimile or that are incomplete or submitted with the incorrect fee. 3. A person or other entity who submits a false or fraudulent application shall be subject to disciplinary action by the board. 4. If determined appropriate by the board, the applicant may be required to meet with a committee of the board or an agent of the board prior to the issuance of the permit. 5. Regardless of the date issued, the telepharmacy dispensing site permit shall expire on December 31 of every year. No person or other entity may operate a telepharmacy dispensing site with an expired permit. 6. In the event a new community pharmacy opens at a location within a fifteen (15) mile radius of the telepharmacy dispensing site, then the board shall not renew the telepharmacy dispensing site permit. The board shall notify the supervising pharmacy responsible for the telepharmacy dispensing site of the new pharmacy operating within a fifteen (15) mile radius of the telepharmacy dispensing site and of the requirement for the telepharmacy

dispensing site to close permanently on or before the expiration date of the telepharmacy dispensing site’s current renewal of its permit. The closure shall be accomplished in compliance with the board’s regulations. In lieu of permanent closure, the telepharmacy dispensing site may elect to apply for and complete the conversion of its permit to a community pharmacy permit prior to the expiration date of the telepharmacy dispensing site permit. 7. In the event a telepharmacy dispensing site is dispensing more than one hundred fifty (150) prescriptions per day based on a six (6) month average, the telepharmacy dispensing site shall be required to convert its permit to a community pharmacy permit prior to the expiration date of the telepharmacy dispensing site permit. C. Maintenance of Permit 1. A telepharmacy dispensing site permit shall be valid only for the person or other entity to whom it is issued and it shall not be subject to sale, assignment or other transfer, voluntary or involuntary, nor shall the permit be valid for any premises other than the physical location for which it was issued. 2. A duplicate or replacement permit shall be issued upon the written request of the permit holder and payment of the required fee. A duplicate or replacement permit shall be marked as such and it shall not serve or be used as an additional or second permit. D. Closure of Permit 1. When the owner of the permit intends to close the telepharmacy dispensing site permanently, the owner’s managing officer and the pharmacist-in-charge shall be accountable to the board for the proper closure of the pharmacy in compliance with the board’s regulations. 2. Unless approved by the board in advance, all remaining inventory and records shall be transferred to the supervising pharmacy that oversees that telepharmacy dispensing site. E. Standards of Practice 1. Environmental Standards a. The prescription department shall consist of an area at least 300 square feet in size; this space shall be restricted to authorized personnel only and not accessible to the general public. b. The prescription department shall contain sufficient fixtures, equipment, and supplies commensurate with the nature and scope of practice for that pharmacy. c. The prescription department shall include a sink with a hot and cold water supply, exclusive of restroom facilities, with approved sewage disposal. d. All areas where drugs and devices are stored shall be dry, well-lighted, well ventilated, and maintained at temperatures which will ensure the integrity of drugs prior to their dispensing as stipulated by the United States Pharmacopeia and/or manufacturer’s or distributor’s product labeling unless otherwise indicated by the board. e. The prescription department shall be secured by a physical barrier with suitable locks and a monitored alarm system capable of detecting unauthorized entry. f. Prescription and other patient healthcare information shall be maintained in a manner that protects the integrity and confidentiality of such information; and

g. The dispensing site shall be configured and equipped to sustain optimal operation of all the technological components of the telepharmacy system. 2. Minimum Staffing Requirements a. The pharmacist-in-charge of the supervising pharmacy shall also be the pharmacist- in-charge of the telepharmacy dispensing site. b. The telepharmacy dispensing site does not require the personal presence of a pharmacist but it is permissible for a pharmacist to practice in that site. c. In the absence of a pharmacist, the site shall be staffed by one – and only one – certified pharmacy technician. The technician present at the telepharmacy dispensing site shall be included with the other personnel at the supervising pharmacy when calculating the ratio of pharmacists to technicians. d. A pharmacy intern may not practice at a telepharmacy dispensing site. e. Additional clerical personnel may also be present at the site. 3. Operational Standards a. The telepharmacy dispensing site shall be connected to its supervising pharmacy using the telepharmacy system. b. In the event of an interruption in the proper operation of the telepharmacy system, the telepharmacy dispensing site must immediately cease operations. No prescription shall be dispensed during the interruption and the staff shall post a sign at the entrance advising the public of an estimated date or time of resumption of services. c. The dispensing of prescriptions shall be construed as completed at the supervising pharmacy; therefore, the telepharmacy dispensing site shall use the supervising pharmacy’s dispensing information system. d. The telepharmacy system shall permit prescription labels to be generated from the supervising pharmacy or the telepharmacy dispensing site. i. New prescriptions may be received and entered at the supervising pharmacy with a label printed at the telepharmacy dispensing site; or ii. New prescriptions received at the telepharmacy dispensing site may be entered by the technician with all verification, utilization review, and final check the responsibility of the pharmacist at the supervising pharmacy. e. As part of the final check, the pharmacist shall verify the source container, prescription medication, and prescription label against the prescription form, using the technology in the telepharmacy system. f. A pharmacist shall counsel the patient or patient’s agent for all new prescriptions and refills, using the technology in the telepharmacy system. g. The pharmacist-in-charge shall be responsible for routine inspection of the telepharmacy dispensing site. The policies and procedures shall identify the inspection criteria to be monitored. Each inspection shall be conducted no later than thirty (30) days after the previous inspection. The inspection reports detailing the findings of each inspection shall be retained for at least two (2) years and shall be readily retrievable upon request by the board or its agent. 4. Recordkeeping Requirements

a. The dispensing information system shall be capable of recording the names or initials of the pharmacist responsible for final verification of the prescription as well as the technician assisting in the dispensing process and to print those identities on the prescription label. b. Prescriptions filled at the telepharmacy dispensing site shall be distinguishable on records from those filled at the supervising pharmacy. c. Records of activities at the telepharmacy dispensing site shall be distinguishable from the records of activities at the supervising pharmacy. d. Telepharmacy dispensing sites holding controlled substances shall maintain a perpetual inventory of controlled substances and drugs of concern.

ARTICLE L AMBULATORY SURGERY CENTERS AND MULTI-PROVIDER CLINICS 1. For purposes of this Article, an ambulatory surgery center (ASC) or multi-provider clinic (MPC) shall mean a facility where medical procedures or services are performed or provided by multiple practitioners for outpatients. Examples would include but would not be limited to an ambulatory surgery center, a medical doctor’s office/clinic, or a dental office. An ASC/MPC advisory pharmacist refers to any Mississippi licensed pharmacist who reviews, processes, and ensures appropriate reconciliation of controlled substances at least monthly on site in an ASC or MPC. The ASC/MPC is responsible for complying with all applicable regulations of the Mississippi Board of Pharmacy as well as other state and federal regulatory agency requirements.

2. Every ASC/MPC shall obtain an ASC/MPC permit from the Mississippi Board of Pharmacy for every location where controlled substances are administered by multiple providers/practitioners under one DEA number. This permit along with a DEA registration allows the ASC/MPC to order controlled substances for the facility to be used by multiple providers/practitioners under one clinic DEA number. Such a permit shall be obtained by applying for a permit on a form supplied by the Mississippi Board of Pharmacy and accompanied by a fee. This requirement does not apply to ASCs or clinics with only a single provider where the provider’s registration is based at that location. All ASC/MPC permits will expire on December 31 of each year and shall be renewed annually by submitting a renewal application and renewal fee. Any renewal application received after December 31 st of the renewal period will be assessed a $50.00 late fee prior to renewal. ASC/MPC permits are not transferable or assignable. There are two subcategories for ASC/MPC permits: outpatient surgery center/clinic pharmacy and outpatient surgery center/clinic. A. Ambulatory Surgery Center/Multi-Provider Clinic Pharmacy Services (fee $300) (1) This permit should be used when a pharmacist is integrated into the daily workflows of the facility including ordering and stocking of medications and clinical support but is not an actual dispensing pharmacy. Additionally, a controlled substance permit is required. (2) See Institutional Pharmacy Regulations B. Ambulatory Surgery Center/Multi-Provider Clinic (fee $100) (1) Requires there to be at least a monthly arrangement with a pharmacist onsite to review

processes and ensure appropriate reconciliation of controlled substances. The pharmacist reviews appropriate records for ordering, storage, and other record keeping requirements and documentation of administration, wastage, and disposal of medications in accordance with documented policies and procedures of the ASC/MPC. (2) This permit will serve as the controlled substance permit required by statute.

3. Advisory Pharmacist Requirement. A. A permit for an ASC/MPC shall not be issued or renewed unless the advisory pharmacist is licensed in this state. B. If the license of the advisory pharmacist becomes void or inactive due to surrender, revocation, suspension, restriction or for any other reason, or if the license of the advisory pharmacist is removed from the permit of the ASC/MPC for any reason, application must be made for a new permit with another advisory pharmacist within fifteen (15) days. C. Failure to submit an application with the new advisory pharmacist within fifteen (15) days shall render the permit inactive and the ASC/MPC shall not conduct any activities using the controlled substances that were obtained pursuant to the permit and the corresponding DEA registration until a new permit is issued to the ASC/MPC with a new advisory pharmacist on the permit. D. The failure to obtain a new advisory pharmacist within the required fifteen (15) day time period shall be reported to DEA by the Mississippi Board of Pharmacy.

4. Record Keeping A. Every ASC/MPC permit issued by the Board of Pharmacy shall keep complete and accurate records of acquisition and disposition of all controlled substances. These records shall include: (1) Complete and accurate records of receipt of all controlled substances (2) Complete and accurate records of disposition of all controlled substances B. Records of acquisition and disposition must be maintained for a period of at least two (2) years. These records shall be kept in such a manner that an audit will show the beginning inventory and record of acquisition of controlled substances to balance with controlled substances on hand and record of disposition of controlled substances. C. Unless authorized by the Federal Drug Enforcement Administration to maintain records of controlled substances at a location other than the location permitted by the Mississippi Board of Pharmacy, these records shall be maintained at the permitted location. All records pertaining to controlled substances shall be made available for inspection and copying by agents of the Mississippi Board of Pharmacy. D. The ASC/MPC advisory pharmacist shall provide a monthly report outlining any findings from their review. This document shall be signed by the medical director or designee and dated. The facility must maintain these reports for a period of two (2) years, and a copy must be available for inspection upon request.

5. Storage A. All drug products shall be maintained and stored in such a manner that maintains the integrity of the product. B. All containers from which drugs are administered must be properly labeled.

C. Outdated drugs shall be removed from general stock and returned to a reverse distributor licensed with the Mississippi Board of Pharmacy or destroyed onsite following DEA rules for onsite destruction and use of DEA Form 41.

6. Security A. In all places where controlled substances are maintained, they shall be maintained in a manner to deter loss by theft or burglary. A securely locked, substantially constructed area shall be provided for storage of all controlled substances. Controlled substances for return to a MS licensed reverse distributor or for onsite destruction as described above shall be maintained in the drug storage area of the clinic and segregated from general stock until proper disposition of such controlled substances is made. Controlled substances, thus maintained in the drug storage area, shall be kept in a locked cabinet, drawer, or other suitable locked container and only authorized personnel shall have access to the drug storage area.

7. Inventory A. A perpetual inventory shall be maintained on all Controlled Substances, Schedule II-V. B. The medical director shall develop inventory listings of drugs to be included in specified areas and assure that: (1) Such drugs are available therein, properly stored and labeled (2) Only pre-packaged drugs are available therein, in amounts sufficient for immediate therapeutic requirements (3) Each drug stored in these areas shall be assigned a “par value” and each addition or withdrawal by authorized persons shall be properly documented. C. If a facility has a loss of controlled substances, a complete inventory of all remaining controlled substances shall be made within forty-eight (48) hours of discovery of the loss of controlled substances. This inventory shall be dated and signed by the ASC/MPC staff conducting the inventory. D. The advisory pharmacist shall be notified within twenty-four (24) hours of discovery of any discrepancy in counts or the loss of any controlled substances. The advisory pharmacist shall notify the Board immediately upon his/her notification with a plan to investigate the loss. A written report shall be submitted to the Mississippi Board of Pharmacy within fifteen (15) days; this written report shall include a copy of the inventory required by this ARTICLE. E. When a facility has a change in ownership or a change in the advisory pharmacist listed on their permit (pharmacist-in-charge), or is permanently closed, a complete inventory shall be made of all controlled substances at the time of the change. A copy of this inventory shall be kept with other records of controlled substances in the facility and a copy shall be sent to the office of the Mississippi Board of Pharmacy. When a facility is permanently closed, the advisory pharmacist (pharmacist-in-charge) shall notify the Board in writing within fourteen (14) days by what means and as to whom controlled substances were transferred or disposed of. F. Every facility permitted by the Mississippi Board of Pharmacy shall take an annual inventory of all controlled substances on hand on or about May 1 but no later than May 15. A facility may conduct the controlled substance inventory at another date as long as the annual inventory is conducted during the same period each year. This inventory shall be maintained with the other controlled substance records of the facility

ARTICLE LI ADVISORY PHARMACIST TO AMBULATORY SURGERY CENTERS AND MULTI-PROVIDER CLINICS

1. For purposes of this article, an advisory pharmacist for an ambulatory surgery center (ASC) or multi-provider clinic (MPC) shall mean any Mississippi licensed pharmacist who is listed on an ASC/MPC permit (pharmacist-in-charge). The advisory pharmacist is on site at least monthly to conduct a review of medication related processes and to ensure appropriate reconciliation of controlled substances. The advisory pharmacist for an ASC/MPC does not need a nursing home consultant certificate. The advisory pharmacist is responsible for providing recommendations only to the ASC/MPC.

2. Responsibilities of the ASC/MPC Advisory Pharmacist A. The ASC/MPC Advisory Pharmacist shall be responsible for advising the ASC/MPC on all matters related to safe and efficient administration, control, and accountability for drugs and proper licensing. The responsibilities of the advisory pharmacist shall include developing policies and procedures and implementation for the following: (1) All medications shall be purchased from facilities registered with the Mississippi Board of Pharmacy (2) Preparation of sterile medications prepared within the ASC/MPC (3) Admixture of parenteral products (4) Compounding of drugs, solutions, ointments, lotions, etc. (5) To ensure that no legend medication shall be stored in patient care areas except upon the approval of the advisory pharmacist (6) Establishment of specifications for procurement of all materials, including drugs, chemicals and biologicals, subject to approval of the appropriate committee of the ASC/MPC and compliance with DSCSA requirements (7) Participation in the development of a formulary for the ASC/MPC where applicable (8) Proper filling and labeling of all containers from which drugs are to be administered (9) Maintenance of records of all transactions of the ASC/MPC as may be required by applicable law, state and federal, and as may be necessary to maintain accurate control and accountability for all pharmaceutical materials (10) Ensure that all drugs shall be stored in areas within the ASC/MPC and satellite storage areas to provide proper sanitation, temperature, light, ventilation, moisture control, segregation and security; that disinfectants and drugs for external use are stored separately and apart from drugs for internal use or ingestion; that outdated or other unusable drugs are identified and stored in a manner that will prevent their administration prior to disposition; that emergency drugs are in adequate and proper supply at designated locations (11) Ensure that all areas occupied by the ASC/MPC shall be capable of being locked to prevent unauthorized access, and that all areas where drugs are stored or administered shall be locked

(12) Ensure that discontinued and outdated drugs are returned to a MS Board of Pharmacy registered reverse distributor or destroyed onsite following DEA rules for onsite destruction and use of DEA Form 41. (13) Drugs shall be administered only upon receipt of a written or oral order. There shall be no “take home” medications dispensed under this permit. Samples are exempt from this Article. (14) All requirements of the Controlled Substances Act of 1970 and the requirements set forth in the regulations of the Mississippi Board of Pharmacy in the purchasing, storing, administration, record keeping, and disposal of controlled substances are met. There shall be policies and procedures to ensure the control of these drugs at all times, including those instances when drugs are stored in the surgery departments, nursing stations, clinics, diagnostic laboratories, etc. Periodic (at least monthly) inspections by the advisory pharmacist of the proper storage of these drugs is required and deficiencies must be corrected. (15) At least monthly audits of records of acquisition and disposition. Monthly audits of controlled substance inventory. (16) Assisting the medical director as applicable in developing inventory listings of drugs to be included in these areas and assure that: (a) Such drugs are available therein, properly stored and labeled (b) Only pre-packaged drugs are available therein, in amounts sufficient for immediate therapeutic requirements (c) Each drug stored in these areas shall be assigned a “par value” and each addition or withdrawal by authorized persons shall be properly documented. The advisory pharmacist shall audit these areas on a regular basis but no less than once per month. (17) The advisory pharmacist shall provide a monthly report to the ASC/MPC outlining any findings from their review. This document shall be signed by the medical director or designee and dated. (18) An advisory pharmacist for an ASC/MPC shall report to the appropriate regulatory or licensing agency any serious deficiency or violation noted on his/her advisory report if such deficiency is not corrected or addressed by the permit holder by the date of the next monthly visit by the advisory pharmacist at the permit site.

Part 3002 Mississippi Board of Pharmacy Administrative Rules

Chapter 1 Oral Proceedings On Proposed Regulations Rule 1.1 Application of Chapter. This chapter applies to all oral proceedings held for the purpose of providing the public an opportunity to make oral presentations or written input on proposed new rules or regulations, amendments to rules or regulations and proposed repeal of existing rules or regulations before the Board pursuant to the Administrative Procedures Act.

30 Miss. Admin. Code Pt. 3002, R. 1.2 When Oral Proceedings will be Scheduled on Proposed Regulations

The Board will conduct an oral proceeding on a proposed regulation or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed regulation. A. Each request must be submitted on 8-1/2” x 11” white paper or electronically in a standard letter format, i.e., MS Word, PDF, WordPerfect or other similar format and must be typewritten or printed in legible handwriting. B. The request may be in the form of a letter addressed to the Board. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann. §§ 25-43-2.104, 25-43-3.104

30 Miss. Admin. Code Pt. 3002, R. 1.3 Notification of Oral Proceeding

The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

History

• Source: Miss. Code Ann. §§ 25-43-2.104, 25-43-3.104

30 Miss. Admin. Code Pt. 3002, R. 1.4 Presiding Officer

The Board President or his designee, who is familiar with the substance of the proposed regulation, shall preside at the oral proceeding on a proposed regulation.

History

• Source: Miss. Code Ann. § 25-43-2.104

30 Miss. Admin. Code Pt. 3002, R. 1.5 Public Presentations and Participation

A. At an oral proceeding on a proposed regulation, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed regulation. B. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least

one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board. C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. D. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. E. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. F. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires.

History

• Source: Miss. Code Ann. § 25-43-2.104

30 Miss. Admin. Code Pt. 3002, R. 1.6 Conduct of Oral Proceeding

A. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall: 1. call proceeding to order; 2. give a brief synopsis of the proposed regulation, a statement of the statutory authority for the proposed regulation, and the reasons provided by the Board for the proposed regulation; 3. call on those individuals who have contacted the Board about speaking on or against the proposed regulation; 4. allow for rebuttal statements following all participant’s comments; 5. adjourn the proceeding. B. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that regulation-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question. C. Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request procedure. D. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-2.104

Chapter 2 Declaratory Opinions

30 Miss. Admin. Code Pt. 3002, R. 2.1 Application of Chapter

This chapter sets forth the Board’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Board’s procedures regarding the disposition of requests as required by Mississippi Code § 25- 43-2.103.

History

• Source: Miss. Code Ann. § 25-43-2.104

30 Miss. Admin. Code Pt. 3002, R. 2.2 Scope of Declaratory Opinions

The Board will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Board; B. a rule or regulation promulgated by the Board, or C. an order issued by the Board.

History

• Source: Miss. Code Ann. § 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.3 Scope of Declaratory Opinion Request

A declaratory opinion request must be limited to a single transaction, occurrence or issue.

History

• Source: Miss. Code Ann. § 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.4 Persons Who May Request Declaratory Opinions

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue.

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.5 How to Submit Requests for Declaratory Opinions

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the person must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2” x 11” white paper or electronically in a standard letter format, i.e., MS Word, PDF, WordPerfect or other similar format. B. The request may be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. E. Each request must clearly state that it is a request for a declaratory opinion. F. All requests must be mailed, emailed, delivered or transmitted via facsimile to the Board. No oral or telephone requests will be accepted for official declaratory opinions.

History

• Source: Miss. Code Ann. § 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.6 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.7 Content of Request

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request; F. A suggested proposed opinion, stating the answers desired by requestor and a summary of the reasons in support of those answers;

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.8 Reasons for Refusal to Issue a Declaratory Opinion Upon a Request

The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. The matter is outside the primary jurisdiction of the Board; B. Lack of clarity concerning the question presented; C. There is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; E. The facts presented in the request are not sufficient to answer the question presented; F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought; H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order; I. The question presented by the request concerns the legal validity of a statute, rule, or order; J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct; K. No clear answer is determinable; L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; N. The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion; O. A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or P. The question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency and there is a statutory or regulatory application process by which eligibility

for said license, permit, or certificate or other approval may be determined.

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.9 Agency Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or C. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Board.

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by requestor’s name, subject and date of issuance. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.11 Notice by Board to third parties

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

History

• Source: Miss. Code Ann. § 25-43-2.104.

30 Miss. Admin. Code Pt. 3002, R. 2.12 Effect of a Declaratory Opinion

The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. §§ 25-43-2.103, 25-43-2.104.

Chapter 3 Public Records

30 Miss. Admin. Code Pt. 3002, R. 3.1 Public Record Requests Procedures

This rule establishes procedures and fees associated with all public requests for copies and/or inspection of public documents. A. Submission of Requests. 1. All requests for information should be submitted to the Mississippi Board of Pharmacy either in writing or via email. 2. No verbal or telephone requests can be accepted. 3. The request should specifically outline the records that are being requested. B. Timetable for processing. All document requests will be approved or denied within seven (7) business days after the request is received. In the event of a denial for all or part of the request, the Board will provide an explanation of the denial to the requestor in writing. If the requested information is unable to be produced by the seventh day after the request is made, the Board will provide a written explanation regarding why the document cannot be produced during that timeframe. Unless there is a mutual agreement of the parties, in no case shall the production of the requested records, after timely payment and unless otherwise exempt, be any later than fourteen (14) working days from the receipt of the request. C. Exempt Documents. Some documents are exempt from publication such as personnel records, attorney communications and work products of attorneys. D. Third Party Information. Records furnished to the Board by third parties which contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction until the third party has been advised that the documents will be released. Further, no third-party information will be released if a third party obtains a court order prohibiting the same. The requestor will be notified of any court orders that prohibit the release of the requested information. E. Assessment of costs to the Requestor. Payment for information requested must be made in advance of receipt of documents and must be sufficient to cover the actual costs for the Board to furnish the information. Such costs include, but are not limited to, staff time: to evaluate the request, to retrieve any relevant files, to organize the information, to notify any Third Parties, to develop a cost estimate and schedule, to reproduce the material, and to deliver the information requested. 1. No cash, credit or debit cards, or personal checks can be accepted. Money orders, certified checks, or corporate checks are accepted. 2. An estimated cost will be provided to the requestor based on the volume of information, the format in which the information is stored and requested, and whether or not third-party information has been requested. The requestor may submit payment for processing of the request, amend the request or withdraw the request. The requestor should submit written notice of his/her intent to either proceed or withdraw the request. 3. If no response is given by the requestor within thirty (30) days of the estimated cost notification being sent, the Board will proceed no further with the request. If at a later date, the requestor decides to proceed with the request, he/she should submit a new request. 4. Timely payment under paragraph B. means payment received by the next business day after the estimated cost notification is provided to the requestor. By delaying the payment of the estimated fee past the next business day, the requestor acknowledges there may be a delay in the delivery of the requested documents. No request will be processed until payment is received. 5. The decision to charge for public records is at the discretion of the Board.

F. Requests for Document Inspections. The requestor will be billed for the total amount of time expended by employees of the Board assisting with the inspection of documents. Additional fees incident to document production may be assessed. G. Public Information via the Internet. Some information pertaining to the Mississippi Board of Pharmacy is available free of charge on the internet at www.mbp.state.ms.us.

History

• Source: Miss. Code Ann. §§ 25-61-1 et seq., 73-21-81

30 Miss. Admin. Code Pt. 3002, R. 3.2 Licensure Applications Exempt from Public Access

All applications for licensure in the possession of the Board are exempt from the provisions of the Mississippi Public Records Act of 1983 pursuant to Mississippi Code Annotated Section 73-52-1.

History

• Source: Miss. Code Ann. § 73-52-1.

Chapter 4 Background Checks

30 Miss. Admin. Code Pt. 3002, R. 4.1 Background Check Procedures

The Board shall conduct background checks on any individual who applies for a license, registration or permit as required by law. Background checks shall include, but not be limited to, a criminal history records check requiring the applicant to be fingerprinted.

History

• Source: Miss. Code Ann. §§ 73-21-81, 73-21-85, 73-21-111, 73-21-126.

30 Miss. Admin. Code Pt. 3002, R. 4.2 Petition for Determination

An individual may petition the Board for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license, registration or permit. The determination petition shall be filed on a form supplied by the Board and accompanied by a fee of Twenty-Five Dollars ($25.00).

History

• Source: Miss. Code Ann. § 73-77-9.

30 Miss. Admin. Code Pt. 3002, R. 4.3 Determination Factors

The following factors shall be used to determine if an applicant with a disqualifying criminal conviction will be denied a license: A. The nature and seriousness of the crime for which the individual was convicted; B. The passage of time since the commission of the crime; C. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and D. Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

History

• Source: Miss. Code Ann. § 73-77-7.

30 Miss. Admin. Code Pt. 3002, R. 4.4 Rule 4.4

Disqualifying Determination Notification If the Board denies an individual a license, registration or permit solely or in part because of the individual’s prior conviction of a crime, the Board shall notify the individual in writing of the following: A. The grounds and reasons for the denial or disqualification;

B. That the individual has the right to a hearing to challenge the Board’s decision; C. The earliest date the person may reapply for a license, registration or permit; and D. That the evidence of rehabilitation may be considered upon reapplication.

History

• Source: Miss. Code Ann. § 73-77-9.

30 Miss. Admin. Code Pt. 3002, R. 4.5 Rule 4.5

Disqualifying Crimes An individual may be denied a license, registration or permit based on a conviction, guilty plea and/or a plea of nolo contender to a felony, which includes, but is not limited to, any of the following: A. Any controlled substance violation; B. Embezzlement C. Shoplifting D. Theft E. Forgery F. Burglary G. Identity theft

In addition, the accumulation of multiple convictions, including misdemeanor convictions, and pending unresolved charges may be used to determine if an individual shall be denied a license, registration or permit.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 4.6 Rule 4.6

Mitigating Factors Notwithstanding Rule 4.5, any criminal conviction, other than a criminal conviction involving controlled substances, beyond ten (10) years prior to the application shall not disqualify an individual unless extenuating circumstances exist. Those extenuating circumstances shall be enumerated in the disqualifying determination notification. Other mitigating factors to be considered in determining whether the individual’s criminal record will disqualify the individual from obtaining a license, registration or permit may include, but need not be limited to: A. age at which the crime was committed; B. circumstances surrounding the crime; C. length of time since the conviction and criminal history since the conviction; D. work history; E. current employment and character references; and F. other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the public.

History

• Source: Miss. Code Ann. § 73-21-81.

Chapter 5 Disciplinary Actions

30 Miss. Admin. Code Pt. 3002, R. 5.1 Grounds for Disciplinary Actions

A. The Board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit of any person upon one or more of the provisions listed in Mississippi Code Annotated Section 73-21-97. B. Unprofessional conduct. Unprofessional conduct shall include, but not be limited to: 1. The publication or circulation of false, misleading, or otherwise deceptive statements

concerning the practice of pharmacy; 2. Attempting to circumvent the patient counseling requirements, or discouraging the patient from receiving patient counseling concerning their prescription drug orders; 3. The illegal use or disclosure of Protected Health Information (PHI) or other confidential patient information; failure to maintain adequate records, systems, and security to protect against the illegal use or disclosure of PHI or other confidential patient information; or failure to maintain adequate records to account for disclosures of PHI; 4. Dispensing, selling, bartering, receiving or maintaining drugs or devices which are known or should have been known to have been stolen or diverted from the purpose for which they were distributed by a legitimate source; 5. Engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient, or engaging in conduct which substantially departs from the standards of care ordinarily exercised by a pharmacist, with proof of actual injury not having to be established; 6. Selling a drug for which a prescription drug order from a practitioner is required, without having received a valid prescription drug order for the drug; 7. Failing to maintain complete and accurate records of all drugs received, dispensed, or disposed of in compliance with the Federal laws and regulations and State laws, rules and regulations; 8. Failure to report fraudulent prescription activity to the Board or other appropriate authorities; 9. Obtaining any remuneration by fraud, misrepresentation, or deception, including, but not limited to, receiving remuneration for amending or modifying, or attempting to amend or modify, a patient’s pharmacist care services, absent a clear benefit to the patient; 10. Filing a claim or assisting in the filing of a claim for reimbursement for drugs or professional services which were not provided, or which were not authorized to be provided; 11. Condoning or assisting in the dispensing, promotion, or distribution of drugs which do not meet the standards required by law, or which the pharmacist knows, or should know, are not obtained for legitimate medical need; 12. Destruction or alteration of any records such as prescriptions, profiles, purchase invoices, third-party vouchers, and receipts required to be kept; 13. Selling or bartering a prescription drug sample; 14. Practicing in a location which is not properly permitted or registered by the Mississippi Board of Pharmacy; C. Physical or mental incapacity of a nature that prevents a pharmacist, a pharmacy intern/extern, or a pharmacy technician from engaging in the practice of pharmacy or assisting in the practice of pharmacy with reasonable skill, confidence and safety to the public; D. Violation of pharmacy or drug laws of any other state or the federal government or the rules/regulations pertaining thereto; E. Violation of any of the provisions of the Mississippi Uniform Controlled Substances Law; F. Failing to report to the Board within thirty (30) days any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency, or court that would constitute grounds for action; G. Failure to immediately report directly to the Board, losses or suspected losses of controlled substances or prescription drugs; H. Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in the practice of pharmacy, with safety to the public, due to diversion or abuse of controlled substances or prescription drugs and failing to report such relevant information to the Board;

I. Theft or embezzlement of prescription drugs, controlled substances, medical devices, funds or anything of value; J. Termination of employees suspected of theft of pharmaceuticals, merchandise or anything of value without contacting the Board prior to termination; K. Addiction to or dependence on alcohol, controlled substances or other habit-forming legend drugs or the unauthorized use, possession or theft of controlled substances or other habit- forming legend drugs; L. Failure of a pharmacist licensed by the Mississippi Board of Pharmacy to register as a user of the Prescription Monitoring Program (PMP); M. The unlawful disclosure of information from the PMP or using information obtained from the PMP for unlawful or unethical purposes; N. Receiving, dispensing, selling, bartering or maintaining a prescription drug sample unless the pharmacy is owned by a charitable organization and is not operated for profit and has prior approval in writing by the Board. Institutional pharmacies may receive, dispense and maintain prescription drug samples that are provided by a practitioner and intended solely for administration to his/her patients confined to the institution provided no charge is made to the patient by the institution for the sample; O. No pharmacist shall have possession of a prescription drug sample unless such sample is for treatment of a diagnosed personal medical condition; P. Jeopardizing, compromising, interfering or failing to cooperate with any investigation conducted by the Board or any state or federal regulatory or law enforcement agency; Q. Failure to furnish the Board, its agents or representatives any information requested by the Board, or retaliation for providing information to the Board; R. Destruction, removal or tampering with any prescription drug, controlled substance, or medical device placed under seal, embargoed, or quarantined by the Board or any representative of the Board; S. Any act by any person which subverts the authority of the pharmacist-in-charge by impeding the management of the prescription department or the practice of pharmacy in the compliance with federal and state drug or pharmacy laws and regulations; T. Retaliation against a pharmacist for practicing or attempting to practice pharmacy in compliance with federal and state drug or pharmacy laws and regulations; U. Retaliation against pharmacy employees for providing information to the Board; V. Hindering, interfering with, or restricting the reporting of suspected unlawful activity to the appropriate authorities; W. Failure to produce evidence of continuing education credits as required by regulation; X. Failure by any representative of a permitted facility to acknowledge completion of an inspection by placement of a signature on the inspection form; Y. Failure to comply with a subpoena issued by the Board.

History

• Source: Miss. Code Ann. §§ 73-21-81, 73-21-97

Chapter 6 Disciplinary Proceedings

30 Miss. Admin. Code Pt. 3002, R. 6.1 Disciplinary Resolutions

All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of the following means: A. Formal Disciplinary hearing before the Board; B. Acceptance by the Board of a mutually agreeable Settlement Order in lieu of a hearing;

C. Issuance of an Administrative Citation by the Investigations Review Committee (IRC) and payment of a fine by the Respondent in lieu of a hearing; or D. Dismissal of the case.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.2 Issuance of Subpoenas

The Board, acting by and through its executive director, is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at a hearing. Process issued by the Board shall extend to all parts of the state and shall be served by any person designated by the Board for such service. Where any witness fails or refuses to attend upon a subpoena issued by the Board, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state. A. All requests for subpoenas shall be submitted at least fifteen (15) days prior to the scheduled hearing. B. The request must contain the identity and address of the individual to be subpoenaed. C. If the subpoena is for records or documents, the request must include the identity and address of the custodian of such records, along with a concise description of the records to be subpoenaed. D. The Board will serve all subpoenas by registered mail, return receipt requested or by hand delivery. E. The Board shall charge a reasonable fee for each subpoena, not to exceed thirty-five dollars ($35.00), for preparation and service of each subpoena.

History

• Source: Miss. Code Ann. §§ 73-21-99, 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.3 Prehearing Motions

All prehearing motions must be filed with the Board at least fifteen (15) days prior to the scheduled hearing. The Board President or Executive Director shall have the authority to rule on motions that are filed pursuant to this Rule. The Respondent and the Board counsel will be notified of the ruling on the motion promptly. The ruling of the Board President or Executive Director will be entered into the record at the scheduled hearing date. Motions for continuances shall be handled pursuant to Rule 6.4.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.4 Hearing Continuances

A motion for continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing. A scheduling conflict on behalf of the Respondent or Respondent’s counsel shall be considered good cause, and will be liberally granted, if written proof of the scheduling conflict is submitted to the Board at least fifteen (15) days prior to the scheduled hearing. A second continuance based on scheduling conflicts shall not be granted by the Board. Failure to retain counsel in a timely manner on the part of the Respondent shall not be considered good cause. The Board President or Executive Director shall have the authority to rule on motions for continuance that are filed pursuant to this Rule. The Respondent and the Board counsel will be notified of the ruling on the motion promptly. The ruling of the Board President or Executive

Director will be entered into the record at the scheduled hearing date and the rescheduled hearing date will be set if the motion for continuance is granted.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.5 Hearing Procedures

A. All hearings shall be conducted by the Board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings. B. The hearing shall be held at the time and place as specified in the Notice of Hearing and Complaint unless continued for good cause. C. All hearings are open to the public, subject to the Board entering executive session, which shall be closed to the public. D. The Board President, Vice-President or senior member of the Board will preside over the hearing. E. The Board may be assisted by a hearing officer who shall advise the Board on matters of law and procedure and rule on all objections and motions. The hearing officer’s rulings on matters of law and procedure are advisory. F. Any Board members that participated in the IRC for the matter before the Board will recuse themselves and not participate in the hearing. G. All hearings shall be recorded and the Board, or court reporter, shall administer oaths as may be necessary for the proper conduct of the hearing. H. The Respondent may retain legal counsel or may represent themselves. I. Upon direction from the Presiding Officer, the Board counsel shall present evidence and call witnesses to support the charges filed in the Notice of Hearing and Complaint. J. The Respondent or Respondent’s counsel may present evidence or call witnesses to answer the charges filed in the Notice of Hearing and Complaint. K. The Board shall not hear evidence nor make findings on any violations that were not part of the Notice of Hearing and Complaint. L. All witnesses at the hearing shall be subject to direct examination, cross examination and questions by the Board. Re-direct and re-cross examinations shall be at the discretion of the Board. M. The Board should adjudicate each charge and make findings of fact on each charge as presented in the Notice of Hearing and Complaint. Any determination by the Board shall be based upon sufficient evidence to sustain it. N. The Board shall, within thirty (30) days after the conclusion of the hearing, reduce its decision to writing and forward an attested true copy to the last-known residence or business address of the licensee or permit holder by way of United States first-class, certified mail, postage prepaid. Notice of the Order of the Board occurs on the date the Order of the Board is mailed via certified mail to, or personally served upon, the Respondent.

History

• Source: Miss. Code Ann. §§ 73-21-99; 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.6 Settlement Negotiations and Agreed Settlement Orders

When the Respondent has been duly served with a Notice of Hearing and Complaint, the Respondent and/or Respondent’s counsel may request Settlement negotiations for the purpose of possible resolution

of the matter or for purpose of simplifying the issues for hearing or promoting stipulations as to the facts and proposed evidentiary offerings which will not be disputed at hearing. A. The Respondent and/or his counsel and Board Counsel shall participate in the settlement negotiations. Board members who served on the Investigations Review Committee (IRC) for the matter and compliance agents who investigated the matter shall be consulted during the settlement negotiations. Other Board members may not participate nor have knowledge or input into any of the settlement negotiations. B. Informal Discovery or exchange of information may be accomplished during the settlement negotiations. C. Any action which the Board may take following a full disciplinary hearing may be taken by Agreed Settlement Order. D. Any proposed Agreed Settlement Order must be approved by both Board members who served on the Investigations Review Committee (IRC) for the matter. The proposed Agreed Settlement Order shall be presented to the Board at the scheduled Hearing date and time. The terms of the Agreed Settlement Order are not effective until approved by the Board. E. The Respondent has the obligation to personally appear before the Board on the scheduled hearing date to answer any questions which the Board may have prior to approving the proposed Agreed Settlement Order. F. Failure of the Board to approve the proposed Agreed Settlement Order shall result in a formal disciplinary hearing before the Board on a rescheduled hearing date.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.7 Administrative Citations

The IRC may include an Administrative Citation with the Notice of Hearing and Complaint. In lieu of a formal disciplinary hearing, the Respondent has the option to settle the matter through the payment of a fine and compliance with imposed conditions. If the Respondent does not accept the fine and conditions or respond to the Administrative Citation instructions within the time specified in the Notice, the matter shall proceed to a formal disciplinary hearing before the Board.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.8 Additional Conditions for Administrative Citations

In addition to any fine imposed, an Administrative Citation may include corrective action or additional conditions imposed by the IRC through a Memorandum of Agreement (MOA) that must be acknowledged and agreed to by the Respondent. Failure to take corrective action or comply with the terms of an MOA shall be cause to bring the original charges for a hearing before the full Board.

History

• Source: Miss. Code Ann. § 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 6.9 Rule 6.9

Petition for Relief Any person whose license, registration and/or permit has been denied, suspended, revoked or restricted, whether voluntarily or by action of the Board, shall have the right to petition the Board at reasonable intervals for relief from such action. The Board shall not consider a petition for relief from such action unless an interval of at least one (1) year has passed since the imposition of the penalty or the last Board review. Notice of a Petition Order of the Board occurs on the date the Order of the Board is mailed via certified mail to, or personally served upon, the Petitioner. The Board will not entertain a petition for relief if the matter is under appeal.

History

• Source: Miss. Code Ann. § 73-21-103.

Chapter 7 Penalties

30 Miss. Admin. Code Pt. 3002, R. 7.1 Rule 7.1

Uniform Penalty Policy Any penalty imposed by Board pursuant to a violation of any statute, rule or regulation within the jurisdiction of the Board shall be not less than the minimum nor more than the maximum penalty allowed by Mississippi Code Annotated Sections 73-21-103, 73-21-161, 73-21-191 or any other statute that allows the Board to impose a penalty.

History

• Source: Miss. Code Ann. §§ 73-21-81; 73-21-103; 73-21-163; 73-21-191.

Chapter 8 Duties and Responsibilities of the Executive Director and Associate Director

30 Miss. Admin. Code Pt. 3002, R. 8.1 Rule 8.1

Executive Director Appointed by the Board The Executive Director is the executive officer in charge of the office of the Mississippi Board of Pharmacy and he/she shall be appointed by the Board. The Executive Director shall serve as the budget officer and shall make, keep, and be in charge of all records, record books, and any files required to be maintained by the Board. The Executive Director shall attend to the correspondence required by the office and shall perform such other duties as the Board may require in keeping with the office. The Board authorizes the Executive Director to employ and supervise all staff, including clerical, investigative, legal counsel and other office staff as necessary for the fulfillment of his/her duties and responsibilities.

History

• Source: Miss. Code Ann. §§ 73-21-79; 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 8.2 Rule 8.2

General Duties and Responsibilities The Executive Director shall have, but not be limited to, the following responsibilities: A. Issue licenses, registrations, and permits to all pharmacists, businesses, facilities, pharmacies, or other persons/entities as authorized by statutes, rules or regulations; B. Make amendments to license, registration and permit applications. C. Maintaining, preserving, and releasing of any public records which are required to be kept by the Board; D. Administration of any examinations or tests required under statutes or regulations; E. Hiring and termination of positions with the agency, excluding positions that require professional licensure, which shall be upon consultation with the Board. F. Serve as the representative of the Board on any committees, boards or other organizations as necessary to carry out the Board's responsibilities; G. Issue and serve all subpoenas and any Summary Suspension Order, Notice of Hearing and Complaint to any pharmacist, permit holder, business/facility, registrant, or other person under the jurisdiction of the Board and execute the foregoing for and on behalf of the Board, and serve all Board Orders; H. Provide initiative, leadership, and input into any proposed legislation or regulations pertaining to the practice of pharmacy, the distribution of prescription drugs, pharmacy technicians, and pharmacy externs/interns; I. Set the agenda for all meetings of the Board and be responsible for the preparation of the Minutes of all meetings of the Board; J. Approve all continuing education as required by Regulations of the Board;

K. Serve as the Board's representative when interacting and/or cooperating with other state or federal agencies or law enforcement entities; L. Approve and execute contracts that do not exceed sixty-six percent (66%) of the monetary threshold set by Mississippi Code Annotated, Section 27-104-7 for personal and professional services contracts, with the consultation of the Board President. M. Approve and execute contracts that do not exceed sixty-six percent (66%) of the monetary threshold set by Mississippi Code Annotated, Section 31-7-13(c) for contracts for purchase of commodities, with the consultation of the Board President; N. Approve and execute memorandums of agreement or memorandums of understanding with licensees, registrants and other state entities. O. Any other duty or responsibility as assigned by the Board or Board President.

History

• Source: Miss. Code Ann. §§ 73-21-79; 73-21-81.

30 Miss. Admin. Code Pt. 3002, R. 8.3 Rule 8.3

Associate Director The Associate Director shall have the duties and responsibilities assigned to him/her by the Executive Director and may perform any/all of the duties and responsibilities of the Executive Director in the absence of the Executive Director or as assigned by the Executive Director.

History

• Source: Miss. Code Ann. § 73-21-81.

STATE BOARD OF PHYSICAL THERAPY STATE BOARD OF PHYSICAL THERAPY

Part 3101 Organization and Structure

30 Miss. Admin. Code Pt. 3101, R. 1.1 Purpose

The purpose of these regulations is to safeguard the public's health, safety, and welfare by establishing minimum qualifications and creating exclusive titles corresponding to the level of qualifications for individuals who wish to offer physical therapy services to the public. Further, in order to insure the highest degree of professional conduct by those engaged in offering physical therapy services to the public, it is the purpose of these regulations to provide and impose disciplinary sanctions, be they civil or criminal, against persons who do not meet or adhere to the procedures, qualifications, and standards set out in these regulations.

History

• Source: Miss. Code Ann. §73-23-43 (Rev. 2008); Miss. Code Ann. §25-43-2.104 (Rev.2010).

30 Miss. Admin. Code Pt. 3101, R. 1.2 Legal Authority

The Mississippi State Board of Physical Therapy is authorized to establish and enforce these rules and procedures by virtue of the "Mississippi Physical Therapy Practice Law," Sections 73-23-31 et seq. of Mississippi Code of 1972, annotated.

History

• Source: Miss. Code Ann. §73-23-43 (Rev. 2008).

30 Miss. Admin. Code Pt. 3101, R. 1.3 Definitions

The following terms shall have the meaning set forth below, unless the context otherwise requires:

1. “Board” shall mean the Mississippi State Board of Physical Therapy. 2. “License” shall mean the document of licensure issued by the Board. 3. “Act” shall mean the "Mississippi Physical Therapy Practice Law" sections 73-23-31 et seq. of Mississippi Code of 1972, annotated. 4. “Examination” shall mean a national examination approved by the Board for the licensure of a Physical Therapist or a Physical Therapist Assistant. 5. “Physical therapy” or “physiotherapy,” are terms that are deemed identical and interchangeable, means the art and science of a health specialty concerned with the prevention of disability, and the physical rehabilitation for congenital or acquired physical or mental disabilities, resulting from or secondary to injury or disease. 6. “Practice of physical therapy” shall mean the practice of the health specialty and encompass physical therapy evaluation, treatment, planning, treatment administration, instruction, and consultative services, including but not limited to: a. Performing and interpreting tests and measurements as an aid to physical therapy treatment, for the purpose of correcting or alleviating any physical condition and to prevent the development of any physical or mental disability within the scope of physical therapy; and the performance of neuromuscular-skeletal tests and measurements as an aid in diagnosis, evaluation, or determination of the existence of and the extent of any body malfunction and to assess ongoing effects of intervention.

Mississippi State Board of Physical Therapy

Electromyography (EMG)/nerve conduction studies may be performed by a licensed physical therapist who is certified in electromyography by the American Board of Physical Therapy Specialists (ABPTS). b. Planning initial and subsequent treatment programs, on the basis of test findings; and c. Administering treatment by therapeutic exercise, neuro-developmental procedures, therapeutic massage/manual therapy, mechanical devices and therapeutic agents, which employ the physical, chemical and other properties of air, water, heat, cold, electricity, sound and radiant energy for the purpose of correcting or alleviating any physical condition or preventing the development of any physical or mental disability. Telehealth is an appropriate model of service delivery when it is provided in a manner consistent with the standards of practice, ethical principles, rules and regulations for Mississippi physical therapy practitioners. Intramuscular dry needling manual therapy may be performed by a licensed physical therapist who has met the criteria as described in these rules and regulations. 7. “Physical therapist (PT)” means a person licensed in this state to practice physical therapy as defined in these regulations, and whose license is in good standing. 8. “Physical therapist assistant (PTA)” means a person who is licensed in this state and who assists a physical therapist in the provision of physical therapy under the direct, on-site supervision of the physical therapist. The physical therapist assistant may perform physical therapy procedures and related tasks that have been selected and delegated by the supervising physical therapists, but shall not perform the following physical therapy activities: interpretation of referrals; physical therapy initial evaluation/screening and reevaluation; identification, determination or modification of plans of care (including goals and treatment programs); final discharge assessment/evaluation or establishment of the discharge plan; or therapeutic techniques beyond the skill and knowledge of the physical therapist assistant. 9. “Referral” means the written or oral designation of physical therapy services by a doctor of medicine, dentistry, osteopathy, podiatry, or chiropractic, physician assistant, or by a nurse practitioner, holding a license in good standing under the laws of the state of Mississippi, another state, a territory of the United States, or the District of Columbia. The instruction may be as detailed or as general as the doctor, physician assistant or nurse practitioner in his or her sound discretion deems necessary in the particular case. 10. “Direct, on-site supervision” means face-to-face oversight by a licensed physical therapist at regular intervals, as prescribed in these regulations adopted by the Board, of the services provided to a patient by a licensed physical therapist assistant. 11. “Direct supervision” means face-to-face oversight at regular intervals of a physical therapist issued a temporary license under Part 3103 Rule 1.4 of these regulations by a licensed physical therapist. 12. “Face-to-face” means within each other’s sight or presence at regular intervals. 13. “Regular intervals” means every sixth treatment day or fourteenth calendar day, whichever comes first.

History

• Source: Miss. Code Ann. §§73-23- 33 and 73-23-43 (Rev. 2008).

30 Miss. Admin. Code Pt. 3101, R. 1.4 Publication

The Board shall publish, annually, a list of the names and addresses of all persons licensed by the Board as physical therapists and physical therapist assistants and a list of all

Mississippi State Board of Physical Therapy

persons whose licenses have been suspended, revoked, denied renewal, put on probationary status, censured, or reprimanded.

History

• Source: Miss. Code Ann. §73-23-43(1)(e) and (2)(Rev. 2008).

Chapter 2 State Board of Physical Therapy “Board” Organization

30 Miss. Admin. Code Pt. 3101, R. 2.4 Method of Operation

The Mississippi State Board of Physical Therapy, hereinafter “[Board]” is created pursuant to Miss Code Ann. § 73-23-1, et. seq., as amended, in order to examine and determine the qualifications and fitness of applicants for license to practice physical therapy and to practice as physical therapist assistant; to issue, renew, deny, suspend, and revoke licenses; to investigate and inspect, pursuant to the law, and regulate licensure of physical therapists and physical therapist assistants; to establish licensure and examination, fees, pursuant to the law; adopt and amend rules and regulations; hire support personnel; but not limited thereto, and in order to conduct licensure and regulation of physical therapists and physical therapist assistants.

The Board’s office is located at 625 Lakeland East Drive, Suite F., Flowood, MS. 39232. The website is www.msbpt.state.ms.us. The phone number is (601) 939-5124 and the fax number is (601) 939-5246. [required by 25-43-2.104]

History

• Source: Miss. Code Ann. §§73-23-41 and 73-23-43 (Rev. 2008); Miss. Code Ann. §25-43- 2.104 (Rev. 2010).

Chapter 3 Oral Proceedings on Proposed Rules

30 Miss. Admin. Code Pt. 3101, R. 3.1 Scope

This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to Rule 3.1 and §25-43-3.104. 1. When Oral Proceedings will be Scheduled on Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. 2. Request Format. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s). 3. Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings

Mississippi State Board of Physical Therapy

will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. 4. Presiding Officer. The Commissioner or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. 5. Public Presentations and Participation. a. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. b. Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board. c. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. d. The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. e. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. f. There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires. 6. Conduct of Oral Proceeding. a. Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (ii) call on those individuals who have contacted the board about speaking on or against the proposed rule; (iii) allow for rebuttal statements following all participants comments; (iv) adjourn the proceeding. b. Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question. c. Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and are subject to the Board’s public records request

Mississippi State Board of Physical Therapy

procedure. d. Recording. The Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. §25-43-2.104 (Rev. 2010) and Miss. Code Ann. §73-23-43(1)(e).

Chapter 4 Declaratory Opinions

30 Miss. Admin. Code Pt. 3101, R. 4.1 Declaratory Opinions

Scope. These rules set forth the Mississippi State Board of Physical Therapy, hereinafter “[Board],” rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests, as required by Mississippi Code §25- 43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern. 1. Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue. 2. Subjects Which May Be Addressed In Declaratory Opinions. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the Board. 3. Circumstances In which Declaratory Opinions Will Not Be Issued. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: a. lack of clarity concerning the question presented; b. there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; c. the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; d. the facts presented in the request are not sufficient to answer the question presented; e. the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules; f. the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought; g. no controversy exists concerning the issue the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute or rule; h. the question presented by the request concerns the legal validity of a statute or rule;

Mississippi State Board of Physical Therapy

i. the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct; j. no clear answer is determinable; k. the question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime; l. the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; m. the question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion; n. a similar request is pending before this Board or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law. o. where issuance of a declaratory opinion may adversely affect the interests of the State, the Board or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; p. the question involves eligibility for a license, permit, certificate or other approval by the Board or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined. 4. Written Request Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter- size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board. 5. Where to Send Requests. All requests must be mailed, delivered or transmitted via facsimile to the Board. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone requests or email requests will be accepted for official opinions. 6. Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal. 7. Question Presented. Each request shall contain the following: a. a clear and concise statement of all facts on which the opinion is requested; b. a citation to the statute or rule at issue; c. the question(s) sought to be answered in the opinion, stated clearly; d. a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers; e. the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing

Mississippi State Board of Physical Therapy

address and telephone number; and f. a statement to show that the person seeking the opinion has a substantial interest in the subject matter. 8. Time for [agency]’s Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: a. issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances; b. decline to issue a declaratory opinion, stating the reasons or its action; or c. agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request; The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received by the Board, whichever is sooner. 9. Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error. 10. Notice by [agency] to third parties. The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor. 11. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential. 12. Effect of a Declaratory Opinion. The Board will not purse any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

History

• Source: Miss. Code Ann. §25-43-2.103 (Rev.2010) and Miss. Code Ann. §73-23-43(1)(e).

Chapter 5 Public Records Request

30 Miss. Admin. Code Pt. 3101, R. 5.1 Scope

All public requests to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Mississippi State Board of Physical Therapy (Board) must be submitted in writing to: the Executive Director, Mississippi State Board of Physical Therapy, PO

Mississippi State Board of Physical Therapy

Box 55707, Jackson, Mississippi 39296-5707. This rule is not intended to apply to any record or other document, which is exempted or privileged under the provisions of the Mississippi Public Records Act.

The written request must be typed or clearly handprinted on a letter size piece of paper and must specify in detail the public record(s) sought. The request must include a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. No verbal or telephone requests for records will be accepted.

Under the Public Records Act, documents that are exempt from public access to records include, but are not limited to, personnel records, appraisal records, attorney communications and work products of attorneys, academic records, third party confidential commercial or financial information, licensure applications and examination records, and individual tax records.

Within seven (7) working days of the Board’s receipt of a public records request, the Board shall review same and determine whether the records sought are exempt or privileged by law and shall either: i) produce the records; ii) allow access to records; iii) if the request is unclear or does not sufficiently identify the record sought, request clarification from the requestor; or iv) deny access to or production of the records sought. If the Board is unable to produce a public record by the seventh working day after the request is received, the Board will provide the requester with a written explanation stating that the record requested will be produced and specify the reason why the records cannot be produced within the seven-day period. Unless there is mutual agreement between the Board and the requester, the date for production of the requested record will be no later than fourteen (14) working days from the Board’s receipt of the original public record request.

When a request for information is made for documents furnished to the Board by a third party, the Board will give notice of the request to the third party as required by the Public Records Act. Such third party information will not be released without the prior written consent of the third party authorizing the release of the information and/or until the third party has been provided with notice of the public records request and an opportunity to seek a court order protecting such records from public review. No third party information will be released by the Board if the third party obtains a court order prohibiting the disclosure of such information.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld from disclosure by the Board.

If the Board determines that the records requested are exempt or privileged under the law, the request shall be denied and the person making the request will be provided a statement of the specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years from the date such denials are made.

Public records of the Board are available for inspection and copying or reproduction during regular office hours (8:00 a.m. through 5:00 p.m., Monday through Friday) by appointment. All inspection, copying or mechanical reproduction of records must be done in the office of the Board. The time,

Mississippi State Board of Physical Therapy

place and manner of inspection and reproduction or copying will not be allowed to interfere with the official duties of the Board. The Board will not allow its records to be taken from the Board office.

The requester must pay the Board in advance all reasonably estimated costs of searching, obtaining from storage, reviewing, shipping and/or duplicating the requested records. Such payment must be sufficient to cover the actual costs to the Board of complying with the public records request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front and back) shall be considered as two (2) pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice being given to a third party, the cost of mailing such notice to the third party shall be charged to the requester. Cost of obtaining records from any state storage facilities and the search for the records shall be charged to the requester. If the actual cost of a public records request exceeds the estimated cost provided to the requester, the requester will be required to pay the Board the difference between the amounts paid in advance by the requester and the actual cost of supplying the record to the requester.

Payment by the public records requester must be made by money order or certified check.

The Board has also established a schedule of standard fees for frequently requested documents and information, directory or labels of licensees, and electronically accessible data. The schedule of standard documents and fees is set forth in below.

Charges are as follows:

Copying Fee: $1.00 per page plus cost of retrieving information

Microfilm Reproductions: 8½” x 11” .50/page Minimum charge of $2.00 per request

Computer Printouts: 11” x 17” Continuous form $1.00/page of reported data

$250.00 for data retrieved from computer file

Certification of Documents: $3.00/First copy or cover letter $1.00/Each additional page Minimum charge of $3.00 per request

Additional fees incident to document production may include personnel charges for time expended in the actual searching, reviewing, and/or duplication of documents and, if applicable, the mailing of copies of said public documents.

History

• Source: Miss. Code Ann. §§25-61-1 through 25-61-12 (Rev. 2010) and Miss. Code Ann. §73-23- 43(1)(e) and (d).

Part 3103 Licensure

30 Miss. Admin. Code Pt. 3103, R. 1.1 Licensure Requirements

An applicant for a regular license as a physical therapist or physical therapist assistant shall submit to the Board, verified by oath, written evidence in form and content satisfactory to the Board that the applicant: 1. Is of good moral character which is defined as: a. “Good moral character” is a pattern of behavior conforming to the profession’s ethical standards and behavior that indicates honesty and truthfulness, integrity, respect among the community for lawful behavior, respect for the rights of others, and obedience to the lawful directives of public officers or officials or persons charged with the enforcement of the law and showing an absence of moral turpitude.

2. A determination of good moral character shall be based on acts that reflect moral turpitude and upon the consideration of all aspects of a person’s character as exemplified by his or her behavior and shall include, but not necessarily be limited to, consideration of the following: a. Evidenced among other things of having neither a conviction nor a plea of guilty or nolo contendre, probation, pretrial diversion or payment of any fine for a felony or a misdemeanor involving moral turpitude, regardless of whether the matter is under appeal by the applicant. Fitness for service as it relates to moral character must be verified by an appropriate background investigation. b. Disciplinary action taken against any professional license, registration or certification held by the applicant by applicable governmental authority of any state, territory or political subdivision of the United States or any other jurisdiction. c. Whether an applicant has been guilty of conduct or practices in this state or elsewhere which would constitute grounds for disciplinary action under the Board’s laws, rules and/or regulations. d. Civil lawsuits and administrative action bearing upon moral character such as fraud, misrepresentation, theft, assault and battery. e. The applicant’s prior history of unlicensed practice of a regulated profession in this state. f. Conduct that violates any of the provisions in the Code of Professional Ethics, Guidelines and Standards established by the American Physical Therapy Association. g. Conduct involving dishonesty, fraud, or attempted deception. h. Conduct involving misrepresentation. i. Conduct that would adversely reflect on a person’s fitness to perform physical therapy. 3. In determining a person’s good moral character when there is evidence of the conduct described above in subsection 2 of this Rule, the Board will also consider the following factors:

a. The nature of the criminal offense(s) or conduct which gave rise to the disciplinary, civil or administrative action. b. The age of the applicant at the time of the criminal conviction(s) or conduct which give rise to the disciplinary, civil or administrative action. c. The number of criminal convictions or number of disciplinary, civil or administrative actions taken against the applicant. d. The nature and severity of the sentence or sanction imposed for each criminal conviction or disciplinary, civil or administrative action. e. Whether the probation period given in a conviction has been completed and fully satisfied to include fines, court costs, and other conditions of probation. f. Whether restitution ordered by a court in a criminal conviction or civil judgement has been fully satisfied. g. Satisfactory completion of all terms of a criminal conviction(s) or disciplinary action. 4. The burden of demonstrating that the applicant possesses the good moral character required for licensure shall rest with the applicant. 5. Has graduated from a physical therapist or a physical therapist assistant program accredited by an agency recognized by the US Department of Education, Office on Postsecondary Education and has paid an application fee not to exceed double the price of the examination, no part of which shall be refundable. 6. Has passed an examination approved by the Board with the minimum passing score set by the Board and published annually; and a. An applicant who has taken the exam more than six times in any jurisdiction and who is not licensed is not eligible to sit for the examination in Mississippi. b. Has paid the required fee(s); c. Has valid social security number; and d. Applicants for licensure must pass the Board’s jurisprudence exam.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e), 73-23-47 and 73-23-49 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.2 Licensure by Reciprocity

An applicant for licensure by reciprocity shall submit to the Board, verified by oath, written evidence in form and content satisfactory to the Board that: a. The applicant has a valid unrestricted license from another jurisdiction of the United States. b. That the requirements for said license are equivalent to or greater than those required in this state as set forth in Part 3103 Rule 1.1 and 1.2 of these regulations; and c. That said license is in good standing and has not been suspended or revoked.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-51(1) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.3 Privilege to Practice

Applicants who live in states participating in the Physical Therapy Licensure Compact are eligible to receive a privilege to practice in accordance with the rules of the Physical Therapy Compact Commission as they currently exist or maybe hereafter amended from time to time. In order to receive a privilege to practice under the rule, applicants must: 1. Apply for a privilege to practice at the Licensure Compact Commission;

2. Pay to Licensure Compact Commission any fees required by the Commission or the Board; 3. Pass a jurisprudence exam required by the Board; 4. Comply with the rules and regulations governing the practice of Physical Therapy in MS; 5. Waive the Mississippi Licensure Compact fee for applicants who are active in the United States Military and their spouses.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e), 73-23-47(2), and 73-23-101 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.4 Foreign Trained Individuals

An applicant for licensure who has been trained as a physical therapist in a foreign country, and desires to be licensed pursuant to the laws of the State of Mississippi, shall submit to the Board, verified by oath, in form and content satisfactory to the Board: 1. That the applicant is of good moral character; 2. That the applicant holds a diploma from an educational program for physical therapists approved by the Board; 3. Documentary evidence that the educational program is substantially equivalent to that required of a non-foreign trained applicant for licensure; for the purpose of this section “substantially equivalent” means that an applicant for licensure educated outside of the United States shall have: a. Graduated from a physical therapist education program that prepares the applicant to engage without restriction in the practice of physical therapy. b. Provide written proof that the applicant’s school of physical therapy education is recognized by its own ministry of education. c. Undergone credentials evaluation as directed by the Board that determines the candidate has met uniform criteria for educational requirements as further established by rule. d. Completed any additional education as required by the Board. e. Passed the Board approved English proficiency examinations if the applicant’s native language is not English. f. Passed the examination approved by the Board. g. And meets other requirements established by rules of the Board. 4. Not withstanding the provisions in the above section, if the applicant is educated outside the United States and is a graduate of a professional physical therapy educational program accredited by a national accrediting agency approved by the Board, the Board may waive the requirements in Part 3103 Rule 1.3, paragraph 3. 5. Until and including December 31, 2006, demonstrable proficiency in the English language by passing all of the following English language examinations with scores to be determined by the Board: a. Minimum scores of: i. 4.5 on the Test of Written English (TWE); and ii. 50 on the Test of Spoken English (TSE); and iii. 220 on the computer-based Test of English as a Foreign Language (TOEFL) or 560 on the paper based TOEFL; and b. Effective January 1, 2007, evidence of successful completion of a Board approved English proficiency examination:

i. Minimum scores on the TOEFL iBT: 1. 24 on the writing section; 2. 26 on the speaking section; 3. 21 on the reading section; and 4. 18 on the listening comprehension section The Board reserves the right to require a personal interview with any applicant for final determination of the exemption request.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-51(2)(Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.5 Temporary License

1. A temporary license to practice as a physical therapist or physical therapist assistant may be granted to an applicant for licensure meeting the requirements of Part 3103 Rule 1.1 or 1.3 who has registered for the exam in this state but has not taken the approved examination or has not received the results of the examination, subject to the conditions of Rule1.5. 2. The Board may by rule provide for the issuance of a temporary license to a physical therapist or a physical therapist assistant licensed in another state and has filed an application with the Board for a permanent license in this state. This temporary license will be granted for a period not to exceed sixty (60) days. 3. During a lawfully declared local, state, or national disaster or emergency, the Board may issue a temporary license to any otherwise qualified physical therapist or physical therapist assistant licensed and in good standing in another state or territory of the United States and who meets such other requirements as the Board may prescribe by rule and regulations.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-53 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.6 Conditions of Temporary Licensure Issued under Part 3103 Rule 1.4.1

1. A temporary license shall be granted for a period not to exceed ninety (90) days beyond the date of the next scheduled examination. 2. A temporary licensee shall restrict his practice to the State of Mississippi. 3. 1. A physical therapist temporary licensee shall practice under the direct supervision of a physical therapist licensed in Mississippi. Direct supervision in this case shall mean: i. Daily face to face communication between the supervising physical therapist and temporary licensee; and, ii. On premises observation of patient care in each of the temporary licensee's practice settings, a minimum of two (2) hours per day; iii. Availability of the supervising therapist via telecommunications when he or she is not on premises. 2. A physical therapist assistant temporary licensee shall practice under the direct on-site supervision of a physical therapist licensed in Mississippi. Direct, on-site supervision in this case shall mean: i. Daily face to face communication between the supervising physical therapist and temporary licensee; and, ii. On premises observation of patient care in each of the temporary licensee's practice settings, a minimum of two (2) hours per day;

iii. Availability of the supervising therapist via telecommunications when he or she is not on premises. 4. A temporary licensed physical therapist may not supervise any licensed physical therapist or physical therapist assistant. 5. Documentation in form and substance acceptable to the Board that the conditions of Part 3103 Rule 1.5.3 have been met must be on file with the Board before a temporary license will be issued. 6. The license of a temporary licensee who is required to take the approved examination and fails to take said examination shall be automatically expired by operation of the law and without further action of the Board as of the date the results are received by the Board. 7. The license of a temporary licensee who does not pass the approved examination shall be automatically expired by operation of the law and without further action of the Board on the date that the results of the examination are received by the Board. 8. A temporary license will not be issued to any individual who has had a temporary license expired pursuant to the provisions of these regulations. 9. Any person who has taken but not passed the required examination in this or another jurisdiction shall not be eligible for a license of any type until an approved examination is passed.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-53 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.7 Inactive Status

Inactive status indicates the voluntary termination of the right or privilege to practice physical therapy in Mississippi. The Board may allow a licensee who is not actively engaged in the practice of physical therapy in Mississippi to inactivate the license instead of renewing it at the time of renewal. A licensee may remain on inactive status for no more than six consecutive years. After the six-year period of inactive status the licensee must comply with Part 3103 Rule 4.4 in order to reinstate his/her license. 1. Requirements for initiation of inactive status. The following is required to put a license on inactive status: a. A signed renewal application form, documenting completion of Board approved continuing competence (CC) for the current renewal period, as described in Part 3103 Rule 5.4 of the regulations; b. The inactive fee, and any late fees which may be due; and c. A passing score on the jurisprudence exam. 2. Requirements for renewal of inactive status. An inactive licensee must renew the inactive status every two years. The components required to maintain the inactive status are: a. A signed renewal application form, documenting completion of Board approved continuing competence (CC) for the current renewal period, as described in Part 3103 Rule 5.4 of the regulations; b. The inactive renewal fee, and any late fees which may be due; and c. A passing score on the jurisprudence exam. 3. Requirements for reinstatement of active status and must otherwise comply with the law, rules and regulations. A licensee on inactive status may request a return to active status at any time. After the licensee has submitted a complete application for reinstatement, the Board will send a renewal certificate for the remainder of the current renewal period to the

licensee. a. The components required to return to active status are: i. A signed renewal application form, documenting completion of Board approved continuing competence (CC) for the current renewal period; ii. The renewal fee, and any late fees which may be due; and iii. A passing score on the jurisprudence exam. b. The Board will allow the licensee to substitute one of the following actions for the continuing competence requirements: i. Re-take and pass the national licensure exam; ii. Attend a university review course pre-approved by the Board; or iii. Complete an internship (equal to 150 hours of continuing education) pre- approved by the Board.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-57(Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.8 Licensees called to Active Military Service

1. Licensure Pursuant to the Military Family Freedom Act. Active members of the military, spouses, and/or dependents of an active member of the military, located in Mississippi, seeking registration pursuant to the Military Family Freedom Act, Miss. Code Ann. §73-50-1 et seq., may complete an application available to qualifying applicants. This application is available on the Board’s website located at https://www.msbpt.ms.gov. This application requires a copy of the applicant’s current and valid, out-of-state (or US Territory) physical therapy license or proof of military occupational specialty, completion of a military program of training, testing, and/or experience performed in the physical therapy. After an applicant completes the application, the applicant will receive a temporary practice permit that is valid for 120 days from the date of issue. The Board will either issue or deny license within 120 days from the date of the application. 2. Renewal: a. A licensee who is a member of the reserves and called to active military service must submit renewal fees within 90 days after active service has ended if their license expired within the months of active service. The regular renewal period will not change. The licensee must submit official documentation of active service and its inclusive dates. 3. Continuing education units (CEUs): a. A licensee who is a member of the reserves and called to active military service will have his/her CEUs prorated in proportion to the number of months of documented active service. b. A licensee whose license expires during the period of active service will be given a complete waiver of CEUs for the past renewal period, and CEUs for months of documents active service in the current renewal cycle will be prorated. c. All licensees must take two hours of Board-approved programs in ethics and professional responsibility as part of their total CE requirement, which cannot be prorated.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-53 (Rev. 2008); §33-1-39 (Rev. 2010), and 73-50-1 (2021).

30 Miss. Admin. Code Pt. 3103, R. 1.9 Licensure Pursuant to the Universal Recognition of Occupational Licenses Act

A person who establishes Mississippi residency seeking licensure pursuant to the Universal Recognition of Occupational Licenses Act (UROLA), MISS. CODE ANN. §73-50-2 et seq., may complete an application available to qualifying applicants. This application is available on the Board’s website located at https://www.msbpt.ms.gov. Proof of Mississippi residency, and Proof of residency includes, but is not limited to, a copy of a state issued identification card, documentation of current home ownership or lease of residence, documentation of current in-state employment or notarized letter of promise of employment of the applicant or applicant’s spouse, and/or current Mississippi residential utility bill which contains that applicant’s name and current address. The temporary practice permit issued under the UROLA are non-transferable.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-50-2.

30 Miss. Admin. Code Pt. 3103, R. 1.10 Fresh Start Act Request

An individual may submit a request for the Board to make a determination of whether an individual’s criminal record will disqualify him from obtaining a license. The determination request shall be in writing, on the form supplied by the Board, and signed by the requester in the presence of a notary. The request shall also be accompanied by a certified copy of any judgment of conviction. Each requestor must also pay the non-refundable fee by certified check, money order, or other method as approved by the Board. The Board shall issue a written determination to the individual within thirty (30) days of the Board’s receipt of the individual’s request and all required documents and fees. If the Board determines that the individual’s criminal record prohibits the individual from obtaining a license, the Board shall provide to the individual the grounds for the disqualification, notify of the right to a hearing to be conducted as described in Rule 6.5, notify of the earliest date for reapplication for licensure, and notify of what rehabilitation may be considered upon reapplication.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) (Rev. 2008), and 73-77-1 et seq. (Rev. 2020).

30 Miss. Admin. Code Pt. 3103, R. 1.11 Address/Name Change

The cost of resending any correspondence or materials will be borne by the licensee. 1. Change of Address – Each person holding a license who has had a change of address shall file in writing with the Board his/her current mailing address, giving both old and new addresses. Such notification should be received in the Board’s administrative office no later than thirty (30) days after such change is effective and must reference the individual’s name, profession, and license number. 2. Change of Name – An individual licensed with the Board shall notify the Board in writing within thirty (30) days of a name change. The notice shall provide both the old and new name, a notarized photocopy of the official document involved, and must reference the individual’s profession and license number.

History

• Source: Miss. Code Ann. §73-23-43(1)(d), (e) and (2) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 1.12 Abandonment

An application shall be deemed abandoned by the Board if, after one (1) year from the date of filing, the requirements for licensing have not been completed and submitted to the Board.

History

• Source: Miss. Code Ann. §73-23-43(1)(e) (Rev. 2008).

Chapter 2 Professional Identification

30 Miss. Admin. Code Pt. 3103, R. 2.1 Professional Titles and Abbreviations

The preferred title for use by the licensed physical therapist is the initials PT. The licensed physical therapist assistant may use the title PTA.

A person issued a license to practice pursuant to the Act by the Mississippi State Board of Physical Therapy may use the titles physiotherapist, licensed or registered physical therapist, licensed or registered physical therapist assistant, and the abbreviations PT, DPT,LPT,RPT and PTA or LPTA, depending upon the license issued by the Board.

It shall be unlawful for any person, or business entity, its employees, agents or representatives to in any manner, represent himself/herself or itself as a physical therapist, a physical therapist assistant or someone who provides physical therapy services, or use in connection with his or its name the words or letters physiotherapist, registered or licensed physical therapist, PT, RPT, licensed physical therapist assistant, LPTA, PTA, or any other letters, words, abbreviations or insignia, indicating or implying that he or it is a physical therapist, a physical therapist assistant, or provides physical therapy services, without a valid existing license as a physical therapist or as a physical therapist assistant, as the case may be, issued to that person. It shall be unlawful to employ an unlicensed physical therapist or physical therapist assistant to provide physical therapy services.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-35 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 2.2 Production and Display of License

A person licensed to practice physical therapy in Mississippi shall be issued a "Certificate of Licensure" and "License Identification Card." The licensee shall prominently display the "Certificate of Licensure" or copy thereof at their place(s) of employment. The licensee shall carry the "License Identification Card" with them at all times and show said ID card when requested.

History

• Source: Miss. Code Ann. § 73-23-43(1)(e) and (h) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 2.3 Consumer Information Sign

There should at all times be prominently displayed in the place of business each licensee a sign containing the name, mailing address, and telephone number of the Board and a statement informing consumers that complaints against licensees can be directed to the Board. The consumer information sign shall read: Complaints regarding non-compliance with the Mississippi Physical Therapy Practice Act can be directed to the Mississippi State Board of Physical Therapy, P.O. Box 55707, Phone: (601) 939-5124, Fax: (601) 939-5246, Email: info@msbpt.state.ms.us. The minimum size of the sign shall be 6 inches by 8 inches.

History

• Source: Miss. Code Ann. §73-23-43(1)(c), (e) and (h) (Rev. 2008).

Chapter 3 Practice

30 Miss. Admin. Code Pt. 3103, R. 3.1 Referrals

1. A physical therapist licensed under this chapter or privileged to practice may perform physical therapy services without a prescription or referral under the following circumstances: a. To children with a diagnosed developmental disability pursuant to the patient’s plan of care. b. As part of a home health care agency pursuant to the patient’s plan of care. c. To a patient in a nursing home pursuant to the patient’s plan of care. d. Related to conditioning or to providing education or activities in a wellness setting for the purpose of injury prevention, reduction of stress or promotion of fitness. e. physical therapy services are appropriate after informing the health care provider rendering the diagnosis. The diagnosis must have been made within the previous one hundred eighty (180) days. The physical therapist shall provide the health care provider who rendered the diagnosis with a plan of care for physical therapy services within the first fifteen (15) days of physical therapy intervention 2. A physical therapist without a prescription or referral may perform an initial evaluation or consultation of a screening nature to determine the need for physical therapy. 3. For the treatment of a condition within the scope of physical therapy, a physical therapist licensed or privileged to practice under this chapter may implement physical therapy treatment with or without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner if the physical therapist meets one (1) of the following criteria: a) the physical therapist has a doctorate degree in physical therapy from an accredited institution; or b) the physical therapist has five (5) years of licensed clinical practice experience. 4. If the patient has not made measurable or functional improvement after thirty (30) calendar days of implementing physical therapy treatment under the authority of this subsection, the physical therapist shall refer the patient to an appropriate health care provider. The board shall take appropriate disciplinary action against any physical therapist who fails to refer a patient as required by this provision. 5. No physical therapist shall render a medical diagnosis of a disease.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and (h) and 73-23-35(3) (Rev. 2024).

30 Miss. Admin. Code Pt. 3103, R. 3.2 Telehealth

1. Patient Identity and Communication. The physical therapist/physical therapist assistant using telehealth to deliver physical therapy services or who practices tele-physical therapy, upon an initial contact with the patient shall: a. Verify the identity of the patient prior to each session; b. Obtain alternative means of contacting the patient; c. Arrange for the patient to have alternative means of contacting the physical therapist or physical therapy assistant; d. Provide contact methods of alternative communication the physical therapist or physical therapy assistant shall use for emergency purposes; e. Use personal identifying information only in secure communications; and f. Obtain written, informed consent from the patient or other appropriate person with authority to make health care treatment decisions for the patient before services are provided through telehealth. 2. Informed Consent. The informed consent shall, minimally, inform the patient and document acknowledgement of the risk and limitations and potential benefits associated with: a. The use of electronic communications in the provision of physical therapy; b. The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of physical therapy; and c. The potential disruption of electronic communication in the use of telehealth; d. Video-taping and recording of treatment session. 3. Confidentiality. The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data. 4. Competence and Scope of Practice. A licensee using electronic communication to deliver physical therapy services or who practices tele-physical therapy shall: a. Be responsible for determining and documenting that telehealth is appropriate for provision of physical therapy; b. Limit the practice of tele-physical therapy to the area of competence in which proficiency has been gained through education and training; c. Ensure that confidential communications obtained and stored electronically shall not be recovered and accessed by unauthorized persons when the physical therapist or physical therapy assistant disposes of electronic equipment and data by use of a secure telecommunication mechanism; d. Make every attempt to ensure that an on-site physical therapist or physical therapist assistant shall provide the appropriate interventions. If it is determined in-person interventions are necessary;

e. Perform all evaluations, including initial evaluations, re-evaluations and scheduled discharges with use of a secure electronic mode of communication using video/voice or in person; f. Assure the technology proficiency of those involved in patient care. 5. Maintenance and Retention of Records. The licensee shall document in the file or record which services were provided by tele-health and adhere to the record-keeping requirements of Part 3103, Rule 8.2. 6. Compliance with Laws and Regulations. A licensing practicing tele-physical therapy practitioner must: a. Have an active Mississippi license in good standing to practice telehealth in the state of Mississippi. b. Otherwise be authorized by law to practice in another jurisdiction where the patient is physically present or domiciled. c. Abide by the Board’s law and rules and regulations and all current standards of care requirements applicable to onsite physical therapy services. d. Comply with all other applicable State and Federal Laws, rules and regulations.

History

• Source: Miss. Code Ann. §§73-23-33 and 73-23-43 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 3.3 Intramuscular Dry Needling Manual Therapy

A. Intramuscular dry needling manual therapy is a physical intervention that uses a filiform needle no larger than 25 gauge needle to stimulate trigger points, diagnose and treat neuromuscular pain and functional movement deficits; is based upon Western medical concepts; requires an examination and diagnosis, and treats specific anatomic entities selected according to physical signs. Intramuscular dry needling manual therapy does not include the stimulation of auricular or distal points or any points based upon areas of Eastern (Oriental) medicine and acupuncture. B. Intramuscular dry needling manual therapy as defined pursuant to this rule is within the scope of practice of physical therapy. C. A physical therapist must have the knowledge, skill, ability, and documented competency to perform an act that is within the physical therapist’s scope of practice. D. To be deemed competent to perform intramuscular dry needling manual therapy a physical therapist must meet the following requirements: 1. Documented successful completion of a intramuscular dry needling manual therapy course of study; online study is not considered appropriate training to attain the necessary skills to perform intramuscular dry needling manual therapy. a. A minimum of 50 hours of face-to-face intramuscular dry needling manual therapy course study must be successfully completed within twelve (12) months. A physical therapist who does not complete the course of study within twelve (12) months after beginning the course of study must begin anew. The Board may grant a one-time extension for the completion of the course of study required by this Rule upon presentation of satisfactory evidence that the physical

therapist is unable to complete the required course of study within the time prescribed because of illness, injury, disability, military service, or other documented good cause. A request for an extension of time must be made in writing and filed with the Board no later than thirty (30) calendar days before the expiration of the Board approved twelve (12) month course of study. The extension shall be for no more than six (6) months from the date the Board approves the extension. b. During the 12-month certification process of intramuscular dry needling manual therapy practice of the dry needling skills learned as part of the course curriculum will be permitted to the specific areas and musculature prior to the completion of the 50 hours of required training provided that compensation will not be sought and the physical therapists will not bill for dry needling services until the completion of the 50 hours of training has been fulfilled. c. The Mississippi State Board of Physical Therapy’s website will reflect the names of the therapists that are Board approved to provide intramuscular dry needling manual therapy. 2. The physical therapist must have Board approved credentials for providing intramuscular dry needling manual therapy which are on file with the Board office prior to using the treatment technique. E. The provider/educator/instructor of the required intramuscular dry needling manual therapy educational course does not need to be a physical therapist. The instructor of the intramuscular dry needling manual therapy course of study must meet the educational and clinical prerequisites as defined in this rule, D(1)(a)&(b) and demonstrate a minimum of two years of intramuscular dry needling manual therapy practice techniques. F. A physical therapist performing intramuscular dry needling manual therapy in his/her practice must have written informed consent for each patient where this technique is used. The patient must sign and receive a copy of the informed consent form. The consent form must, at a minimum, clearly state the following information: 1. Risks and benefits of intramuscular dry needling manual therapy. 2. Physical therapist’s level of education and training in intramuscular dry needling manual therapy. 3. The physical therapist will not stimulate any distal or auricular points during intramuscular dry needling manual therapy. G. When intramuscular dry needling manual therapy is performed, this must be clearly documented in the procedure notes and must indicate how the patient tolerated the technique as well as the outcome after the procedure. H. Intramuscular dry needling manual therapy shall not be delegated and must be directly performed by a qualified, licensed physical therapist. I. Intramuscular dry needling manual therapy must be performed in a manner consistent with generally accepted standards of practice, including but not limited to, aseptic techniques and standards of the center for communicable diseases. J. Failure to provide written documentation of appropriate educational credentials is a violation of this rule, and is prima facie evidence that the physical therapist is not competent and not permitted to perform intramuscular dry needling manual therapy. K. This rule is intended to regulate and clarify the scope of practice for the physical therapist.

History

• Source: Miss. Code Ann. §§73-23-33 and 73-23-43 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 3.4 Code of Ethics

1. All licensees shall comply with the current American Physical Therapy Association Code of Ethics: Standards of Ethical Conduct and the accompanying Guide for Professional Conduct for physical therapists and physical therapist assistants. 2. All licensees shall comply with the current American Physical Therapy Association Standards of Practice for Physical Therapy and the accompanying Criteria.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and (g) (Rev. 2008).

Chapter 4 Renewal of License

30 Miss. Admin. Code Pt. 3103, R. 4.1 General Provisions

The Board shall issue licenses which shall be subject to biennial renewal. 1. The licensure period shall be construed as July 1 through June 30 of odd-numbered years for persons whose surnames begin with A through L and the licensure period shall be construed as July 1 through June 30 of even-numbered years for persons whose surnames begin with M through Z. For one time only during 2005, those persons whose surnames begin with M through Z would renew for only one year, and thereafter every two years on even-numbered years. 2. Each individual’s licensure renewal group is based on the first letter of his or her last name at the time of the implementation of this rule or at the time of initial licensure, whichever occurred later. Each licensee shall remain in his or her originally assigned licensure renewal group for all subsequent license renewals. Thus, even if a licensee’s name is changed, he or she shall remain in the same licensure renewal group as originally assigned. 3. Commencing with the licensure renewal period ending June 30, 2014 a licensee shall be required to provide the Board with a current photo identification every four (4) years from the date of the Board’s receipt of the licensee’s previous photo identification. The photo must be an approximate size of 2x2 inches, head and shoulder only, full face, front view, plain white background, standard photo stock paper. Scanned or computer- generated photographs must be printed on photo quality paper and must have no visible pixels or dots. Photos can be uploaded to the licensee’s profile or the photo can be mailed into the Board office.

History

• Source: Miss. Code Ann. §§73-23-43(1)(a), (d), (e) and (j) and 73-23-49(1), (2) and (4) and 73- 23-64 (4) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 4.2 Procedure for Renewal of License

The Board will notify licensees approximately sixty (60) days prior to the end of their licensure period. Failure to receive such notification does not relieve the licensee from the responsibility of meeting all requirements for renewal. The method of renewal is as follows: 1. Online Renewals – Licensees may apply for renewal and pay the necessary fees via the Internet. In order to renew a license online, licensees will need to access the Board’s

website at www.msbpt.ms.gov and choose the login button on the bottom left-hand side of the screen; 2. Continuing education is reported online and licensees are subject to CEU random audits; 3. Submit the renewal fee; 4. Renewals should be completed by the end of the licensure period as indicated on the licensee’s certificate and identification card; 5. Renewal applications filed after June 30 are subject to a late fee.

History

• Source: Miss. Code Ann. §§73-23-43(1)(d), (e) and (k) and 73-23-57 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 4.3 Failure to Renew

A licensee who does not file with the Board all requirements for renewal before the end of the licensure period will be deemed to have allowed his license to lapse. Failure to submit all renewal requirements on or before September 30 shall result in the necessity of the payment of a reinstatement fee in addition to the late fee and renewal fee. Said licensee may be reinstated by the Board, at its discretion, by the licensee’s payment of the renewal fee, the late fee, a reinstatement fee and the submission of required continuing education hours provided said application for reinstatement is made within two (2) years after its last expiration date.

A license may not be reinstated after having lapsed for two (2) consecutive years. A new application must be made and the licensure regulations in effect at that time must be met.

History

• Source: Miss. Code Ann. §§73-23-43(1)(d) and (e), 73-23-57 and 73-23-64(4) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 4.4 Expired License

Any person whose license has been expired for more than five years may apply for licensure upon the payment of an application & license fee with the following conditions: 1. Licensee will be subjected to a three (3) month supervisory period; 2. Licensee may only practice under the direct on-site supervision of a currently Mississippi licensed physical therapist; 3. Shall restrict his/her practice to the State of Mississippi; 4. Supervision agreement must be on file and satisfactory to this office prior to the license being issued. The supervision agreement shall be in force for the entire three (3) month supervisory period. This licensee may only practice in the facilities and under the supervision of the licensed physical therapist listed on the supervision agreement of file in this office. Any changes in practice sites and /or supervisors must be reported to this office on a supervision agreement prior to the change taking place. At the end of the supervisory period the supervising physical therapist shall report to the Board completion of satisfactory or unsatisfactory supervision period. If an unsatisfactory supervision period is reported by the supervising physical therapist, the Board, in its discretion may require an additional three (3) month supervisory period; 5. During the supervisory period the supervised physical therapist/physical therapist assistant shall not supervise any currently licensed physical therapist or physical therapist assistant; 6. Complete prescribed remedial courses as approved by the Board.

History

• Source: Miss. Code Ann. §§73-23-43(1)(a), (d), (e) and (j); 73-23-49(1), (2) and (4); and 73-23-

30 Miss. Admin. Code Pt. 3103, R. 64 Rule 64

(4) (Rev. 2008).

Chapter 5 Continuing Education

30 Miss. Admin. Code Pt. 3103, R. 5.1 Definition and philosophy

Each individual licensed as a physical therapist or physical therapist assistant is responsible for optimum service to the consumer and is accountable to the consumer, the employer, and the profession for evidence of maintaining high levels of skill and knowledge. Continuing competence is the ongoing ability of a physical therapist or physical therapist assistant to learn, integrate, and apply the knowledge, skill, and judgment to practice as a physical therapist and/or physical therapist assistant according to generally accepted standards and professional ethical standards as defined by APTA and FSBPT.

History

• Source: Miss. Code Ann. §§73-23-43(1) (e), (h), (j) and (k) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 5.2 Requirements

1. Regulations set the requirement of 30 continuing competence units (CCU) to be accrued during each 2 year licensing period (July 1- June 30). No carryover of continuing competence units from one licensure period to another shall be allowed. 2. At least 25 percent (7.5 CCU) of the required continuing competence units earned during each licensure period must be directly related to the clinical practice of physical therapy. Continuing Competence (CC) activities claimed as clinical are subject to review if considered questionable. 3. All licensees must take three (3) hours of study in ethics, professionalism, or jurisprudence per licensing period as part of their total CC requirements. 4. At least 15 of the 30 required continuing competence units must be from Certified Activities (outlined in Rule 5.4). 5. Individuals applying for initial licensure within a licensing period must accrue continuing competence hours on a prorated scale. Written notification of required hours will be sent to the applicant at the time of licensure. 6. Persons who fail to accrue the required continuing competence hours shall be issued a probationary license for one licensure period only. No ensuing license may be probationary as a result of not meeting continuing competence requirements. Failure to accrue the required hours during the CC probationary period may result in sanctions up to and including revocation of license. Hours accrued are first credited for the delinquent hours lacking from the previous licensure period and then applied to the current (probationary) licensing term. 7. Licensees who have accrued the required CC hours within the licensure period but who have not received proof of course completion from CC providers shall be granted 30 days from expiration of licensure in which to provide the Board with proof of completion of courses. Failure to provide proof within 30 days will result in license being placed on CC probationary status for the entire licensure period.

History

• Source: Miss. Code Ann. §73-23-43(1) (a), (d), (e), (h), (j) and (k) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 5.3 Content Criteria

The content must apply to the field of physical therapy and must be

designed to meet one of the following goals: 1. Update knowledge and skills required for competent performance beyond entry level of the physical therapist/physical therapist assistant at the time the individual entered the profession as described in current legislation and regulations. 2. Allow the licensee to enhance his/her knowledge and skills. 3. Provide opportunities for interdisciplinary learning. 4. Extend limits of professional capabilities and opportunities. 5. Facilitate personal contributions to the advancement of the profession.

History

• Source: Miss. Code Ann. §73-23-43(1) (e), (h), (j) and (k) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 5.4 Sources of Continuing Competence

Continuing competence hours may be accrued from the following sources when the content of the programs relates to the profession of physical therapy. The Board reserves the right to determine whether the content relates to the profession of physical therapy: 1. Certified activities are activities that go through a certification process to determine if the activity meets a minimal threshold of required criteria and how well that activity meets additional “desirable” criteria. At least fifteen (15) CCUs are required per licensure period in this category. a. Conferences and continuing competence activities that meet the Standards of Continuing Competence (SCC) as set forth by the Federation of State Boards of Physical Therapy (FSBPT). Credit is applied as awarded. Certificate of completion is required as evidence of compliance. b. Conferences and continuing competence activities provided by the American Physical Therapy Association (APTA), Mississippi Physical Therapy Association (MPTA), and other state chapters and sections of APTA. Credit is applied as awarded. Certificate of completion is required as evidence of compliance. c. Educational programs where continuing competence credit is given and approved by accredited universities. Credit is applied as awarded. Certificate of completion is required as evidence of compliance. d. Attendance at educational programs where continuing competence credit is given and approved by the Mississippi State Board of Physical Therapy. e. Academic course work taken for credit from a regionally accredited college or university. Courses must be on the graduate level for physical therapists. Undergraduate courses are acceptable for physical therapist assistants. Credit for 11 CCUs is applied for each semester credit hour passed with a grade of “C” or better. Transcript with grade or completion status required as evidence of compliance. f. APTA credentialed fellowship or residency. Licensees who are enrolled in a residency or fellowship may be exempt from obtaining the mandatory continuing competence hours while completing the program of study. The required documentation is a letter from the director of residency or fellowship program. g. Exams and assessments (includes, but is not limited to, ABPTS certification and re- certification, PTA advanced proficiency certification, and FSBPT Practice Review Tool). Credit for CCUs is applied as awarded with a minimum of 15 CCUs applied. Certification of completion required as evidence of compliance.

2. Approved Activities are activities that are approved but do not go through a formal certification process due to the fact that these activities would be difficult to verify. Approved activities are assigned a set CCU value as a group, based on the criteria, versus each individual activity being assigned a value. Limited to 15 CCUs per licensure period. a. Continuing competence courses and conferences not outlined in Rule 5.4.1 (listed above). Credit for 10 CCUs is applied for courses containing > 32 contact hours. Credit for 5 CCUs is applied for courses containing 8-31 contact hours. Credit for 2 CCUs is applied for courses containing 1-7 contact hours. Certificate of completion is required as evidence of compliance. b. Residencies and fellowships not outlined in Rule 5.4.1 (listed above). Credit for 15 CCUs is applied. Certificate of successful completion is required as evidence of compliance. c. Exams and Assessments not outlined in rule 5.4.1 (listed above). Credit for CCUs is applied as awarded with a maximum of 11 CCUs per exam or assessment. d. Self-study, which may include independent study, or studies directed by a correspondence course, video, internet or satellite program by provider not outlined in Rule 5.4.1 (listed above). One (1) CCU per study topic is applied. Record of study objectives, activities, and time spent to meet objectives, as well as reflection on learning achieved are required as evidence of compliance. e. Attendance at in-service education programs pertaining to clinical concepts, safety training, or governmental regulatory training. One (1) CCU per in-service is applied. Learning objectives, program schedule, and verification of attendance from employer are required as evidence of compliance. f. Presentations made before physical therapists or other health care professionals and directly related to the profession of physical therapy. Credit for 3 CCUs per presentation/topic is applied. Learning objectives and presentation brochure or flyer are required as evidence of compliance. g. Research. Credit for 10 CCUs are applied for Principal and Co-Principal Investigators in internally or externally funded research projects. Title, abstract, funding agency, and grant period are required as evidence of compliance. h. Professional publications. Credit for 8 CCUs is applied for each peer-reviewed publication. Credit for 4 CCUs is applied for each non-peer reviewed publication. Copy of article, book chapter, or other work product is required as evidence of compliance. i. Clinical Instructorship. Credit for 1 CCU is applied for each 40 hours of clinical supervision with the same student. A maximum of 3 CCUs per clinical rotation for a total of 6 CCUs per licensure period is allowed. Students must be enrolled in CAPTE accredited or eligible DPT or PTA program. Verification of the clinical supervision agreement with the student’s educational program and a log reporting supervision hours is required as evidence of compliance. A certificate of completion from the educational program may also be used as evidence of compliance.

j. Board and Committee Work. Credit for 5 CCUs is applied for assignments requiring time commitment of > 33 hours/year. Credit for 3 CCUs is applied for assignments requiring time commitment of 16-33 hours/year. Organizational materials listing participation, responsibilities, and activities as well as written verification of time spent in activity is required as evidence of compliance. k. Structured Interactive Study (i.e. group study, journal club). Credit for 3 CCUs per study group is applied per licensure period. Group attendance records reporting time spent, study group goals, and reflection on goal attainment and learning are required as evidence of compliance. l. Formal Mentorship (as mentor or as protégé). Credit for 5 CCUs is applied per licensure period. Objectives and action plans, as well as documentation of activities and contact hours are required as evidence of compliance. 3. Unacceptable activities include: a. Staff meetings b. Presentations or publications directed at lay groups c. Orientation to specific work-site programs dealing with organizational structures, processes, or procedures. d. Entertainment or recreational meetings or activities. e. Self-directed studies other than those previously outlined. f. Credit for repetitions of an activity more than once in a licensure period g. Routine teaching or research duties as part of a job requirement. h. CCUs carried over from one licensure period to another.

History

• Source: Miss. Code Ann. §73-23-43(1)(e), (h), (j) and (k) (Rev. 2008)

30 Miss. Admin. Code Pt. 3103, R. 5.5 Reporting Procedures for Continuing Competence

1. In each licensure period the Board shall randomly select licensees for audit of evidence of compliance with continuing competence activities. 2. Licensees renewing from and after July 1, 2016 must record and report compliance with continuing competence activities through the free online aPTitude program of the FSBPT. https://pt.fsbpt.net/aPTitude 3. The online renewal screen will notify the licensee who is subject to audit. It is the licensee’s responsibility to comply with the audit requirements. 4. Licensees shall retain evidence of compliance with continuing competence requirements for the preceding licensure period.

History

• Source: Miss. Code Ann. §73-23-43(1) (e) and (k) (Rev. 2008)

30 Miss. Admin. Code Pt. 3103, R. 5.6 Waiver/Extension of Continuing Competence Units (CCUs)

CCUs required for renewal of license may be waived or extended by the Board if there is a gubernatorial declared emergency.

History

• Source: Miss. Code Ann. §73-23-43(1) (e) and (k) (Rev. 2008).

Chapter 6 Revocation, Suspension, and Denial of License

30 Miss. Admin. Code Pt. 3103, R. 6.1 Standards of Conduct

Licensees subject to these regulations shall conduct their activities, services, and practice in accordance with this section. The Board, upon satisfactory proof and in accordance with the provision of this chapter and the regulations of the Board, may suspend, revoke, or refuse to issue or renew any license hereunder, censure or reprimand any license, restrict or limit a license, and/or take any other action in relation to a license as the Board may deem proper under the circumstances upon any of the following grounds: 1. Negligence in the practice or performance of professional services or activities. 2. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities. 3. Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same. 4. Being convicted of any crime, which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud, or dishonesty. 5. Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere; 6. Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to act, regardless of whether actual damage or damages to the public are established. 7. Continued practice although the licensee has become unfit to practice as a physical therapist or physical therapist assistant due to: a. Failure to keep abreast of current professional theory or practice; or b. Physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or c. Addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice. 8. Having disciplinary action taken against the licensee's license in another state. 9. Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin. 10. Engaging in lewd conduct in connection with professional services or activities. 11. Engaging in false or misleading advertising. 12. Contracting, assisting, or permitting unlicensed persons to perform services for which a license is required under these regulations. 13. Violation of any probation requirements placed on a license by the Board. 14. Revealing confidential information except as may be required by law. 15. Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee. 16. Charging excessive or unreasonable fees or engaging in unreasonable collection practices. 17. For treating or attempting to treat ailments or other health conditions of human beings

other than by physical therapy as authorized by these regulations. 18. Except as authorized in Part 3103 Rule 3.1, for applying or offering to apply physical therapy, exclusive of initial evaluation or screening and exclusive of education or consultation for the prevention of physical and mental disability within the scope of physical therapy, other than upon the referral of a licensed physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner, or for acting as a physical therapist assistant other than under the direct, on-site supervision of a licensed physical therapist. 19. Failing to adhere to the recognized standards of ethics of the physical therapy profession as established by Board rule. 20. Violations of any provisions of this chapter, Board rules or regulations or a written order or directive of the Board. 21. Has engaged in any conduct considered by the Board to be detrimental to the profession of physical therapy. 22. The Board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a Board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Part 3103 Rule 6.2 of these regulations. 23. The Board is authorized by section 93-11-153 of the Mississippi Code to suspend the license of any licensee being out of compliance with an order for support. The procedure for the suspension of a license for being out of compliance with an order for support, and the procedure for the re-issuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the re-issuance or reinstatement of a license suspended by that purpose, shall be governed by section 93-11-157 or 93-11-163, as the case may be. 24. Failing to complete continuing competence requirements as established by Board rule. 25. Failing to supervise physical therapist assistants in accordance with this chapter and/or Board rule. 26. Engaging in sexual misconduct. For the purpose of this paragraph, sexual misconduct includes, but is not necessarily limited to: a. Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists. b. Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical conduct of a sexual nature with patients or clients. c. Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards. 27. The erroneous issuance of a license to any person. 28. Failing to maintain adequate patient records. For the purposes of this paragraph, “adequate patient records” means legible records that contain at minimum sufficient information to identify the patient, an evaluation of objective findings, a diagnosis, a plan of care, a treatment record and a discharge plan. 29. Failing to report to the Board any unprofessional, incompetent or illegal acts that appear to be in violation of this law or any rules established by the Board.

History

• Source: Miss. Code Ann. §§73-23-43(1)(b) and (e); 73-23-59; 73-23-64(1) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.2 Summary Suspension

1. The Board may summarily suspend a license without a hearing, simultaneously with the filing of a formal complaint and notice of hearing, if the Board determines that: a. The health, safety, or welfare of the general public is in immediate danger; or b. The licensee's physical capacity to practice his/her profession is in issue; or c. The licensee's mental capacity to practice his/her profession is in issue. 2. If the Board summarily suspends a license, a hearing must begin within twenty (20) days after such suspension begins, unless continued at the request of the licensee.

History

• Source: Miss. Code Ann. §§73-23-43(1)(c), (e) and (h); 73-23-59; and 73-23-64(2) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.3 Complaints

All complaints concerning a licensee, a business, or professional practice, shall be reviewed by the Board. Each complaint received shall be logged, recording at a minimum the following information: 1. Name of Licensee, organization, business or practice; 2. The name of the complaining party, if known; 3. Date of complaint; 4. Brief statement of complaint; and 5. Disposition.

History

• Source: Miss. Code Ann. §§73-23-43(1)(c) and (e) and 73-23-63(2)(a) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.4 Investigation

All complaints will be investigated by the Board and/or its designated representative(s) and evaluated by the Board.

History

• Source: Miss. Code Ann. §73-23-43(1)(c) and (e) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.5 Complaint and Administrative Hearings

1. Opportunity for a Licensee or Applicant to have a Hearing. Every licensee or applicant shall be afforded notice and an opportunity for a hearing before the Board takes any action, the effect of which would be: a. to deny a license for any cause other than failure to pass an examination or failure to meet educational or administrative requirements for the issuance of a license; b. to refuse to renew license for any cause other than failure to complete the application or pay the required renewal fee; c. to suspend a licensee; d. to revoke a license; and/or e. take any of the action authorized by Miss. Code Ann. Section 73-23-59(1), as amended. 2. Complaint Procedures. a. Filing a Complaint. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board. Only those complaints that are in writing and signed on the official Mississippi State Board of Physical Therapy complaint

form will be formally addressed by the Board, unless extenuating circumstances exist. The forms required for an official complaint can be obtained from the Board’s website or office. b. Procedures upon Receipt of a Complaint by the Board’s Office. The Board Executive Director/Administrator or Investigator will act as the Complaint Manager. Upon receipt of the complaint, the Board staff shall: i. log in the date the complaint is received in the Board office; ii. determine whether the person against whom the complaint is made is a current licensee; iii. assign a complaint number and set up an individual file; iv. notify the Board designee (“Complaint Consultant”), if applicable, of receipt of a complaint; and v. send a letter to the complainant confirming receipt of the complaint. c. Review of the Complaint. i. The Complaint Consultant and/or Complaint Manager will comprise the Complaint Committee and will review the contents of the complaint to determine whether or not the allegation constitutes a possible violation of the Mississippi Physical Therapy Law and the rules and regulations promulgated thereto. If the allegation does not indicate a possible violation under the Board’s jurisdiction, the Complaint Committee will recommend that the complaint be dismissed by the Board and thereafter notify the complainant and the subject of the complaint of the outcome of the complaint. ii. If the allegation of the complaint does indicate a possible violation under the Board’s jurisdiction, the subject of the complaint (“Respondent”) will be provided with written notice, along with a copy of the complaint within thirty (30) calendar days of receipt of the complaint in the Board office, unless the Complaint Committee reasonably determines that disclosure of the complaint at that time may impair, impede, or compromise the efficacy or integrity of the investigation of the complaint. The notice shall be considered properly served when sent to the licensee, applicant, or affected party’s last known address of record at the Board’s office. It is the responsibility of the licensee, applicant, or affected party to keep the Board informed of his or her current address. iii. If the Complaint Committee determines that disclosure of the complaint will impair, impede, or compromise the integrity or efficacy of the investigation, the investigation of the complaint will proceed without notice to the Respondent at the initial stage. iv. Unless it has been determined that disclosure of the complaint will impair the integrity or efficacy of the investigation, so that the investigation is proceeding without notice to the Respondent at the initial stage, the Respondent shall be provided twenty (20) calendar days from the date of the Board’s notice to the Respondent in which to file a written response to the complaint and shall be advised that he or she is required to provide all documents and exhibits in support of his or her position. The Complaint Manager or Complaint Committee may grant a reasonable request for extension of time within which a Respondent may respond to a complaint and/or within which a complainant may comment upon response of the Respondent.

v. Upon receipt of the written response of the subject of the complaint, the Complaint Committee will send a copy of the response to the complainant. vi. The complainant will have seven (7) working days from the date that the written response is sent by the Board to submit a written reply to the response to the Board. vii. If the Complaint Committee has determined that it is in the best interest of the investigation to withhold disclosure of the complaint during the initial stage of the investigation, a copy of the complaint will be provided to the Respondent no later than at the time of the issuance of a notice of contemplated action or notice of hearing and complaint. 3. Reviews & Investigations by Complaint Committee. a. After the receipt of a complaint and the expiration of the period for the response, the Complaint Committee shall consider the complaint, responses, complainant’s reply to the responses, and other relevant material available and determine whether further investigation is warranted and/or make a recommendation to the Board. The Complaint Committee may also offer the licensee or applicant the opportunity to engage in the informal process for addressing complaints. b. At any point in its investigation of a complaint the Complaint Committee may, at its discretion, assign or reassign the matter to an investigator to ascertain additional facts and report to the Complaint Committee. The Complaint Committee may procure the services of experts, consultants, or private investigators to assist in the investigations and handling of complaints. c. The expert, consultant, or private investigator and/or Complaint Committee shall review and investigate the complaint and prepare a report concerning the complaint. d. Upon completion of a formal investigation, the Complaint Committee shall consider the facts regarding the complaint. The Complaint Committee shall review the investigative report and supporting documents and make a recommendation to the Board. e. When in the opinion of the Complaint Committee a complaint warrants the issuance of a formal complaint against the licensee or applicant, the Complaint Committee shall recommend such action to the Board in accordance with the Administrative Proceedings’ section of this Rule.

4. Disposition of Complaints. a. Settlement: The Board, at any time, may offer or accept a proposal for informal resolution of the complaint or disciplinary action. b. Board Review: Upon review and consideration, the Board shall vote upon the proposed recommendation(s) of the Complaint Committee and shall either uphold, reverse, or modify the recommendation(s). c. Board Action: The Board may take any action with regard to a complaint which is within its authority and which is within the law, including scheduling the matter for administrative hearing and referring the complaint to another licensing board or appropriate authority for further action.

d. Voluntary Surrender of License: If a licensee who is the subject of a Board investigation or disciplinary proceeding voluntarily surrenders his or her license, absent unusual circumstances as determined by the Board, the Board will not discontinue the investigation or disciplinary proceeding unless the licensee consents to entry of an order limiting or prohibiting his or her practice pf physical therapy in Mississippi. 5. Settlement by Informal Proceedings. a. Purpose: The Board or the Complaint Committee may enter into informal proceedings with the party who is the subject of a complaint for the purpose of resolving the matter appropriately. b. Informal Conferences: This process includes an informal review or meeting between the Complaint Committee or Board and the licensee or applicant to fully explore the issue(s) involved in the complaint and to facilitate the disposition of a complaint. This process may occur at any time prior to the Board entering any order with respect to the complaint. No prejudice shall be attached to the licensee or applicant for failure to attend an informal conference. c. Agreement: The Board or Complaint Committee and the licensee or applicant may enter into a proposed stipulation, consent order or agreement for disciplinary action or resolution of the complaint. No proposed settlement, consent agreement, voluntary surrender of a license, or other proposal for the resolution of a pending complaint or disciplinary action shall be effective unless approved by the Board. The settlement, consent order, or other proposal must be executed by the Board chair or Board designee and the licensee or applicant and his or her legal representative (if applicable). No Board member is presumed to be biased and shall not be excused from participating in the adjudication and deliberation of a case or action based solely on the reason that the member considered a proposed settlement, consent agreement, or other proposal for resolution of a pending complaint or disciplinary or licensure action. 6. Administrative Proceedings. All administrative disciplinary hearings shall be conducted in accordance with the Mississippi Physical Therapy Law and the rules provided hereinbelow. a. Case Summary: A case summary, including the alleged violations of the Mississippi Physical Therapy Law, as amended, and the Rules and Regulations of the Board will be presented to the Board by the Complaint Committee along with the recommendation(s) for the disposition of the complaint. Reasonable attempts will be made to not disclose the identity of the Respondent and the complainant by the Complaint Committee until the matter comes before the Board for hearing or final resolution. b. Reasonable Cause: The Board’s review will include the case summary presented by the Complaint Committee to determine if reasonable cause exists to issue a notice of contemplated action or notice of hearing and complaint. c. Dismissal of a Complaint:

If the Board determines that there is not reasonable cause for the issuance of a notice of contemplated action or notice of hearing and formal complaint, a letter from the Board will be sent within thirty (30) calendar days of the Board’s decision to the complainant and to the party named in the complaint. The letter will set forth the Board’s action and reason for its decision. d. Notice and Service to Respondent: If the Board determines that there is sufficient evidence or cause to issue a complaint or notice of contemplated action, the formal notice and complaint shall be signed by the Executive Director/Board Administrator and shall be served as required by Miss. Code Ann. Section 73-23-63, as amended, to the party named in the complaint (the “Respondent”) at his or her last known address on file with the Board. e. Presiding Hearing Official: All hearings shall be conducted by the Board or by a hearing officer designated by the Board. i. If a hearing officer is designated to hear a case, the hearing officer shall have the authority to decide pre-hearing matters, preside over the hearing, and direct post- hearing matters in accordance with the requirements of the case in a manner that ensures due process and an efficient and orderly hearing and resolution of the case. ii. If a hearing officer is not designated to preside over the case or if the hearing officer is unavailable or unable to proceed, the Board chair or other designee of the Board shall have the authority to decide pre-hearing or preliminary matters. f. Filings: The original of any papers, pleadings, or other documents shall be filed with the Board office. Each party must send copies to the hearing officer and attorneys or parties of record. g. Continuances: No more than two (2) continuances of the hearing will be granted without the approval of the Board for good cause. h. Hearing Process: i. The Board’s Executive Director/Administrator’s duties shall include: 1. Issuing a notice of hearing and complaint or notice of contemplated action in the case; 2. Executing notices, scheduling orders, and other routine procedural documents that facilitate the conduct of the administrative proceedings; 3. Maintaining the official record of all papers and pleadings filed with the Board in any matter; and 4. Preparing, certifying, and filing with the appellate court the record of the case on appeal or review. ii. The hearing officer or the Board designee shall issue appropriate orders to control the course of the proceedings. iii. The hearing officer or the Board designee may order the filing of briefs or other documents in the proceedings.

iv. A proposal to settle a matter shall not stay the proceedings or vacate the hearing date unless otherwise ordered by the hearing officer or the Board designee upon the filing of a timely motion for continuance. v. At the conclusion of the hearing, a final decision and order shall be entered by the Board. The hearing officer, the Board chair, or designated Board member shall have the authority to sign the written decision of the Board. vi. The Board’s Executive Director/Administrator shall serve the decision of the Board on the licensee or applicant. vii. If a license is restricted, suspended, or revoked by the Board, the licensee shall immediately surrender his or her license to the Board as directed by the Board or the Board designee. viii. If the licensee’s scope of practice is restricted or limited or otherwise conditioned, the license may reflect such restriction, limitation, or condition. i. Recusal: Complaint Committee members who participate in the preparation of recommendations to the remaining Board members shall not participate further in any actions initiated by the Board against the licensee or party who is the subject of the complaint. j. Each hearing will be recorded by a court reporter. The cost of the transcription shall be borne by the person making the request.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e); 73-23-59(2) and (3); 73-23-63(2)(b), (c) and (d); and 73-23-64(3) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.6 Sanctions

The Board may impose any of the following sanctions, singly or in combination, when it finds that an applicant or a licensee has committed any violation listed in section 73-23-59 or Part 3103 Rule 6.1: 1. Revoke the license. 2. Suspend the license, for any period of time. 3. Censure the licensee. 4. Impose a monetary penalty in an amount not to exceed $500.00 for the first violation, $1,000.00 for the second violation, and $5,000.00 for the third violation and for each subsequent violation. 5. Place a licensee on probationary status and require the licensee to submit to any of the following: a. Report regularly to the Board, or its designee, upon matters which are the basis of probation; b. Continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of probation; or c. Such other reasonable requirements or restrictions as are proper. 6. Refuse to issue or renew a license. 7. Revoke probation which has been granted and impose any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated. 8. The Board may reinstate any licensee to good standing under this chapter if, the Board is satisfied that the applicant's renewed practice is in the public interest.

9. Restrict a license; or 10. Accept a voluntary surrendering of a license based on an order of consent from the Board. 11. In addition to any other power that it has, the Board may issue an advisory letter to a licensee if it finds that the information received in a complaint or an investigation does not merit disciplinary action against the licensee. 12. The Board may also assess and levy upon any licensee or applicant for licensure the costs incurred or expended by the Board in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the cost of process service, court reports, expert witness, investigators, and attorney fees.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-64(1), (4) (6) and (7) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 6.7 Appeals

Any person aggrieved by a decision of the Board shall have a right of appeal in the manner provided for in the Act and the Laws of the State of Mississippi.

History

• Source: Miss. Code Ann. §§73-23-43(1)(e) and 73-23-63(3) ( Rev. 2008).

Chapter 7 Exceptions and Exemptions

30 Miss. Admin. Code Pt. 3103, R. 7.1 Exceptions

No person shall practice physical therapy or represent himself/herself to be a physical therapist or physical therapist assistant unless he/she is licensed by the Board, except as otherwise provided in this section. 1. Students enrolled in accredited physical therapy educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under direct clinical supervision. Direct clinical supervision shall mean under the direct control of a clinical instructor of the physical therapy program in which the student is enrolled, or his/her designee. Students in an accredited physical therapy program may provide treatment services in a pro bono clinic setting under the supervision of a Mississippi licensed physical therapist when such is done as a part of the clinical requirements for graduation from a physical therapist or physical therapist assistant educational program. The clinical instructor or his/her designee must be a licensed Mississippi physical therapy practitioner and shall be readily accessible and accountable at all times when physical therapy services are being provided by the student. If the student is completing a physical therapist educational program, it’s a licensed physical therapist. If the student is completing a physical therapist assistant program, the physical therapist assistant will work collaboratively with a physical therapist to supervise the physical therapist assistant student in full compliance with all laws, rules and regulations regarding physical therapist assistant scope of practice. The Board has adopted the American Physical Therapy Association (APTA) guidelines for supervision of student physical therapist assistants. 2. Physical therapists licensed in other jurisdictions while enrolled in graduate educational programs in this state that include the evaluation and treatment of patients as part of their experience required for credit, so long as the student is not at the same time gainfully employed in this state as a physical therapist; 3. Practitioners of physical therapy employed in the United States Armed Services, United States Public Health Service, Veterans Administration or other federal agency; however,

if such individual engages in the practice of physical therapy outside of the scope of official duty, he must be licensed as herein provided; 4. Physical therapists or physical therapist assistants licensed in other jurisdictions who are teaching or participating in physical therapy education projects, demonstrations or courses in this state, or providing physical therapy services to visiting established athletic organizations, performing arts companies or volunteering to provide services to competitors in events such as the Olympics or dance competitions in which their participation in the treatment and/or evaluation of patients is minimal. 5. Schools, YMCAs, athletic clubs and similar organizations furnishing services to their players and members, provided that they do not represent themselves as physical therapists, as physical therapist assistants, or as providing physical therapy services; 6. The performance by any person of simple mechanical or machine assisted acts in the physical care of a patient, not requiring the knowledge and skill of a physical therapist under the order or direction of a licensed doctor of medicine or dentistry or of a physical therapist assistant under the direct, on-site supervision of a licensed physical therapist. 7. Nothing in these regulations is intended to limit, preclude, or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the State of Mississippi. 8. A physical therapist or physical therapist assistant who is licensed in a jurisdiction of the United States and who enters this state to provide physical therapy during a lawfully declared local, state or national disaster or emergency. This exemption applies for no longer than 60 days or the period prescribed by the Board following the declaration of the emergency. In order to be eligible for this exemption the physical therapist or physical therapist assistant shall: a. Notify the Board in writing of their intent to practice; b. Shall provide a copy of their license in good standing; c. Shall, if a physical therapist assistant, practice only under the supervision of a physical therapist who is duly licensed in the State of Mississippi. Any licensee who will supervise a person in this category shall provide the Board with a schedule indicating when the person will be performing therapy services and with the names of the facilities at which the person will perform the services.

History

• Source: Miss. Code Ann. §§73-23-35(1); 73-23-37; 73-23-39; 73-23-43(1)(e); and 73-23-53(6) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 7.2 Good Samaritan Act

[Left Blank on Purpose]

History

• Source: Miss. Code Ann. § 73-25-37 (Rev. 2008).

Chapter 8 Physical Therapist Assistant

30 Miss. Admin. Code Pt. 3103, R. 8.1 Definition

A physical therapist assistant (PTA), as defined in Part 3101 Rule 1.3 hereinabove, shall be an individual who meets the qualifications and requirements as set forth in Part 3103 Chapter 1 of these regulations, and has been issued a license by the Board. The roles and responsibilities of a PTA are: 1. To practice only under the direct supervision of a physical therapist licensed to practice in

Mississippi. 2. To assist with but not perform patient evaluations. 3. To perform treatment procedures as delegated by the physical therapist but not to initiate or alter a treatment plan. 4. To supervise other supportive personnel as charged by the physical therapist. 5. To notify the physical therapist of changes in the patient's status, including all untoward patient responses. 6. To discontinue immediately any treatment procedures which in their judgment appear to be harmful to the patient. 7. To refuse to carry out treatment procedures that they believe to be not in the best interest of the patient.

History

• Source: Miss. Code Ann. §§73-23-33(c) and 73-23-43(1)(a), (e) and (h) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 8.2 Direction and Supervision of the physical therapist assistant

1. Supervision Standards. A Mississippi-licensed physical therapist may delegate the performance of selected acts, tasks, functions, or interventions to a Mississippi licensed physical therapist assistant. The physical therapist shall, however, at all times be responsible for the physical therapy plan of care and instructions provided to the physical therapist assistant; interpretation of referrals; oversight of all documentation for services rendered to each client or patient; providing direct care to the patient; and assuring that the physical therapist assistant does not function autonomously. The supervising physical therapist shall, at a minimum: a. Ensure that the assignment of responsibilities to the physical therapist assistant is commensurate with his or her qualifications, including training, education, skill level, and experience. In cases when the supervising physical therapist is the direct employer of the physical therapist assistant, the physical therapist shall ensure that the physical therapist assistant holds a valid and current Mississippi license. b. Examine and evaluate the patient or client to establish a physical therapy diagnosis, treatment goals, frequency, duration, and plan of care before delegating tasks or interventions to be performed by a physical therapist assistant -- the initial evaluation. c. Before a patient is treated by the physical therapist assistant, evaluate the patient and establish a written plan of care to include the treatment initial and ongoing treatment program goals and plans for the patient or client, the elements of the plan of care to be delegated to the physical therapist assistant and predetermined procedures and protocols for acts, tasks, functions, or interventions delegated to the physical therapist assistant. d. Review the patient plan of care, treatment goals and delegated tasks with the physical therapist assistant before the physical therapist assistant provides care to a patient for the first time. e. The supervising physical therapist shall be readily available in person or by telecommunication to the physical therapist assistant at all times for advice, assistance and instruction while the physical therapist assistant is treating patients or clients or providing physical therapy services.

f. Hold regularly scheduled and documented in meetings and case conferences with the physical therapist assistant to evaluate the assistant’s performance, review records and changes in plan of care, and assess the plan of care. The frequency of the meetings and case conferences is to be determined by the supervising physical therapist based upon the needs of the patient; the supervisory needs of the physical therapist assistant; and prior to any planned discharge. Notwithstanding the aforesaid, meetings and case conferences must take place at least once every sixth physical therapist assistant visit or at least once every thirtieth (30 th ) calendar day, whichever occurs first and be documented in the patient or client record. g. Reevaluate the patient as previously determined during the initial evaluation, or more often if necessary, and modify the treatment, goals and plan as needed. The physical therapist assistant shall not alter a treatment plan or program without the prior evaluation by, and approval of, the supervising physical therapist. A supervising physical therapist must, however, re-evaluate and render personal treatment to a patient receiving physical therapy services from a physical therapist assistant a minimum of least once every sixth (6th) physical therapist assistant visit or at least once every or thirtieth (30 th ) calendar day, whichever occurs first. h. Treat and assess the patient or client for his or her final treatment session, establish a discharge plan and write a discharge summary/status. If the supervising physical therapist is unable to carry out the provisions of this paragraph due to an emergency or unforeseen situation, an explanation of the circumstances constituting the emergency or unforeseen event must be documented in the treatment record of such patient. 2. Physical Therapist Assistants under Supervision. It is the responsibility of the physical therapist to determine the number of physical therapist assistants he or she can supervise safely and competently. However, in no case shall the physical therapist supervise more than a total of four (4) physical therapist assistants and/or physical therapy students at any point in time during the physical therapist’s work day. The number of supervisees is inclusive of all geographic locations or employing agencies. 3. Documentation Requirements. a. A written record of physical therapy treatment shall be maintained for each patient. The written record shall include: i. A prescription or referral when required showing the written request for physical therapy evaluation or treatment signed by a healthcare provider lawfully authorized to make such request. ii. Written documentation in each patient's record, along with the physical therapist’s signature, of the treatment program goals and plan of care. An initial physical therapy evaluation shall not be documented or signed by a physical therapist assistant or any other personnel. iii. Progress notes regarding the client’s or patient's subjective status, changes in objective findings, and progression or regression toward established goals. iv. A record of the reassessment or re-evaluation of the patient or client, written and signed by the supervising physical therapist. v. Written documentation of each patient or client visit which includes specific treatment and services provided. vi. Written documentation of supervisory visits and/or conferences -- including the date of visit, treatment plans and changes in the treatment plan; other

communications between the supervising physical therapist and the physical therapist assistant; and findings and subsequent decisions made. The written documentation must be signed and dated by the supervising physical therapist or the physical therapist assistant. vii. Documentation of a discharge evaluation by the supervising physical therapist and a discharge summary which must be written and signed by the supervising physical therapist. If the supervising physical therapist is unable to provide a patient discharge evaluation and plan, the reason for or circumstances of such inability must be documented in the physical therapy treatment record of such patient. viii. Accurate patient or client treatment and billing records. b. A signature stamp shall not be used in lieu of a written signature on physical therapy patient or client records. Forms of electronic signatures, established pursuant to written policies and procedures to assure that only the author can authenticate his or her own entry, may be acceptable. 4. The supervision requirements stated in these regulations are minimal. It is the professional responsibility and duty of the licensed physical therapist to provide the physical therapist assistant with more supervision if deemed necessary in the physical therapist's professional judgment.

History

• Source: Miss. Code Ann. §§73-23-33(f) and (g) and 73-23-43(1)(a), (e), (h) and (j) (Rev. 2008).

Chapter 9 Criminal Offenses and Punishment

30 Miss. Admin. Code Pt. 3103, R. 9.1 Offenses

It is a misdemeanor for any person to: 1. Sell, fraudulently obtain, or furnish any physical therapy license, record, or aid or abet therein. 2. Practice physical therapy under cover of any physical therapy diploma, permit, license, or record illegally or fraudulently obtained or issued. 3. Practice physical therapy or bill for physical therapy services, unless duly licensed to do so by the Mississippi State Board of Physical Therapy. 4. Impersonate in any manner or pretend to be a physical therapist or physical therapist assistant or use the titles protected herein, the letters protected herein, or any other words, letters, signs, symbols or devices to indicate the person using them is a licensed physical therapist or physical therapist assistant unless duly authorized by license or permit. 5. Practice physical therapy during the time his/her license or permit is suspended, revoked, or expired. 6. Fail to notify the Board of the suspension, probation or revocation of any past or currently held licenses, required to practice physical therapy in this or any other jurisdiction. 7. Make false representations or impersonate or act as a proxy for another person or allow or aid any person to impersonate him in connection with any examination or application for licensing or request to be examined or licensed. 8. Otherwise violate any provisions of the Act, or the Regulations promulgated thereto.

History

• Source: Miss. Code Ann. §73-23-61 (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 9.2 Punishment

Such misdemeanors shall, upon conviction, be punishable by a fine or by imprisonment or by both fine and imprisonment for each offense, as set forth in the Act.

History

• Source: Miss. Code Ann. §73-23-61 (Rev. 2008).

Chapter 10 Fees

30 Miss. Admin. Code Pt. 3103, R. 10.1 Method of Payment

In accordance with the Act, the following non-refundable fees, where applicable, are payable to the Mississippi State Board of Physical Therapy check or money order.

History

• Source: Miss. Code Ann. §73-23-43(1)(d), (e) and (l) (Rev. 2008).

30 Miss. Admin. Code Pt. 3103, R. 10.2 Schedule of Fees

1. Application Fee $125.00

2. Initial License Fee:

a. Physical Therapist $150.00

b. Physical Therapist Assistant $125.00

3. Compact Licensure Fee $150.00

4. Renewal Fee:

a. Physical Therapist $150.00

b. Physical Therapist Assistant $125.00

5. Late Renewal Fee $150.00

6. Reinstatement Fee $200.00

7. License Certificate Replacement Fee $35.00

8. Duplicate License Certificate Fee $35.00

9. ID Card Replacement Fee $25.00

10. License Verification Fee $35.00

11. Examination Registration Fee:

a. Physical Therapist $50.00

b. Physical Therapist Assistant $50.00

12. Inactive Status Fee $50.00

13. Insufficient Funds Check Fee $40.00

14. Mailed Copy of Regulations $10.00

15. Failure to Notify Change of Name/Address $25.00

16. Replacement Licensure Seal $10.00

17. Pre-Determination Fee $25.00

18. Temporary Practice Permit $100.00

History

• Source: Miss. Code Ann. §§73-23-43(1)(d), (e) and (l) and 73-23-49(1) (Rev. 2020, 2021).

30 Miss. Admin. Code Pt. 3103, R. 10.3 Examination Fee

Fees for the examination are to be paid to the appropriate examination administrant.

History

• Source: Miss. Code Ann. §§73-23-43(1)(d), (e) and (l) and 73-23-49(3) (Rev. 2008).