30 Miss. Code. R. 1901-3.5 - 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.

Notes

30 Miss. Code. R. 1901-3.5

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

Adopted 11/17/2022