30 Miss. Code. R. 1901-2.1 - 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.

Notes

30 Miss. Code. R. 1901-2.1

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

Amended 2/10/2020 Amended 11/17/2022