Professions and Occupationss

The following Rules of Procedure apply to all individuals licensed to practice dentistry, and dental hygiene in the State of Mississippi. Notes 30 Miss. Code. R. 2302-1.1 Miss. Code Ann. § 73-9-19.

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 ca…

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 doc…

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). Notes 30 Miss. Code. R. 2302-1.12 Miss. Code Ann. § 73-9-19.

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 matte…

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 Secti…

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 off…

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,…

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 Respondent. 2. Before the Board shall issue on behalf of a Respondent any subpoena for persons or papers, the…

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…

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…

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 sup…

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…

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. Notes 30 Miss. Code. R. 2401-1.1 Miss. Code Ann. § 73-11-41(Supp. 2011); and Miss. C…

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. Notes 30 Miss. Code. R. 2401-2.1 Miss. Code Ann. § 73-11-49(1) and (7) (Rev. 2008). Amended 4/2/2015

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 eff…

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. Notes 30 Miss. Code. R. 2401…

The Board shall become a member of the Conference of Funeral Service Examining Boards of the U.S., Inc. and the Board, in its discretion, may request members of the Board to attend the meetings of the said conference at the expense of the Board. Notes 30 Miss. Code. R. 2401-2.12 …

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. Notes 30 Miss. Code. R. 2401-2.2 Miss. Code Ann § 73-11-49(7)(Rev. 2008). Amended 4…

The Vice-Chair shall serve in the absence of the Chair and shall otherwise aid and assist the Chair. Notes 30 Miss. Code. R. 2401-2.3 Miss. Code Ann § 73-11-49(7)(Rev. 2008). Amended 4/2/2015

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. Notes 30 Miss. Code. R. 2401-2.…

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 Anno…

Roberts Rules of Order, Revised, shall be the authority for settlement of disputes of parliamentary procedure. Notes 30 Miss. Code. R. 2401-2.6 Miss. Code Ann § 73-11-49(7)(Rev. 2012). Amended 4/2/2015

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 Lakelan…

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 pa…

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…

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 entitl…

All persons holding a license issued by the Board shall display same in a conspicuous place in the licensed establishment where he is employed. Notes 30 Miss. Code. R. 2401-3.10 Miss. Code Ann. § 73-11-49(7)(Rev. 2008).

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 o…

In cases where an original license issued by the board has been lost or destroyed, the Board may issue a duplicate license, provided the licensee furnishes an affidavit stating how the original license was lost or destroyed. Said affidavit shall be accompanied by a fee set by the…

It is the responsibility of every licensee to provide the Board with notification of a changed address. Notes 30 Miss. Code. R. 2401-3.13 Miss. Code Ann. § 73-11-49(7)(Rev. 2008).

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 th…

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 Servi…

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 73-1…

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 per…

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. Notes 30 Miss. Code. R. 24…

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 other…

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 o…

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 app…

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, corpo…

No establishment license is transferable from one party to another, or from one location to another. Notes 30 Miss. Code. R. 2401-4.10 Miss. Code Ann. §§ 73-11-49(7) and 73-11-55(7)(Rev. 2012). Amended 4/2/2015

(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 thir…

(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 m…

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 equipm…

The selection room shall be devoted solely to the purpose of providing a means for the public to make a reasonable selection of funeral service merchandise. Such selection room shall meet the following minimum requirements: (1) Caskets. Each funeral establishment shall maintain a…

(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…

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. Notes 30 Miss. Code. R. 24…