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Mississippi Statutes, Title 73

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Mississippi/Statutes

← All Mississippi coverage

Title 73, Professions and Vocations

60 chapters · 1,097 sections in this title.

All chapters in Title 731,097 Ch 3, Attorneys at Law86 Ch 21, Pharmacists55 Ch 34, Real Estate Appraisers50 Ch 25, Physicians49 Ch 9, Dentists43 Ch 19, Optometry and Optometrists42 Ch 35, Real Estate Brokers35 Ch 53, Social Workers33 Ch 63, Registered Professional Geologists P…28 Ch 7, Cosmetologists and Barbers27 Ch 4, Auctioneers26 Ch 13, Engineers and Land Surveyors25 Ch 71, Acupuncture Practice Act25 Ch 29, Polygraph Examiners24

1,097 sections·Filtered byTitle 73✕

Miss. Code Ann. § 73-19-103 Duties of state boards of optometry, medical licensure and pharmacy; records
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(1) The State Board of Medical Licensure and the State Board of Pharmacy each shall, within thirty (30) days after July 1, 1982, and annually thereafter, designate one (1) member from its board, on the minutes of each respective board, to advise and consult with the State Board o…
Miss. Code Ann. § 73-19-105 Educational requirements; examination
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(1) Before any optometrist or any applicant for a license to practice optometry may be certified to use diagnostic pharmaceutical agents as authorized in Section 73-19-103, he shall submit satisfactory evidence to the State Board of Optometry that he has successfully completed a …
Miss. Code Ann. § 73-19-107 Referral of patient to licensed physician
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Any optometrist who encounters a patient in the course of his practice who is, in the exercise of the optometrist’s professional judgment, suffering from any symptom or combination of symptoms indicating an underlying pathologic or physiologic disorder or disfunction necessitatin…
Miss. Code Ann. § 73-19-109 Pharmacist dispensing diagnostic pharmaceutical agents
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Any pharmacist licensed under the laws of the State of Mississippi is hereby authorized to dispense those diagnostic pharmaceutical agents specified in Section 73-19-103 to any optometrist certified by the State Board of Optometry to use such agents.

Miss. Code Ann. § 73-19-11 Secretary of board; bond required

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Before entering upon the discharge of the duties of his office the secretary of the state board of optometry shall give a bond to the state, to be approved by the board, in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office. The pre…

Miss. Code Ann. § 73-19-111 Penalty for violating provisions regulating use of pharmaceutical agents

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(1) Any optometrist violating any provision of Sections 73-19-101 through 73-19-109 shall, upon conviction for a first offense, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) at the discretion of the court, and upon conviction for a sec…

Miss. Code Ann. § 73-19-13 Compensation of secretary and members; how paid

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Each member of the state board of optometry shall be entitled to receive per diem as authorized under Section 25-3-69 in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law for state officials and employe…

Miss. Code Ann. § 73-19-15 Official seal; records required

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The state board of optometry shall have an official seal and shall keep a record of its proceedings, a register of persons registered as optometrists and register licenses by it revoked. Its records shall be open to public inspection, and it shall keep on file all examination pap…

Miss. Code Ann. § 73-19-151 Use of therapeutic pharmaceutical agents in practice of optometry

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(1) Persons lawfully engaged in the practice of optometry in the State of Mississippi may prescribe and use therapeutic pharmaceutical agents in the practice of optometry after being authorized to use such agents under the provisions of Section 73-19-153. (2) The designated membe…

Miss. Code Ann. § 73-19-153 Educational and clinical training requirements for certification; examination

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(1) Any optometrist certified to use diagnostic pharmaceutical agents as provided in Section 73-19-105 also may be certified to use therapeutic pharmaceutical agents when he has satisfactorily completed the following:(a) A course consisting of a minimum of sixty-four (64) hours o…

Miss. Code Ann. § 73-19-155 Rules and regulations requiring satisfactory completion of educational and clinical training

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(1) Within thirty (30) days after July 1, 1994, and annually thereafter, the State Board of Optometry with the advice and consultation of the designated members of the State Board of Medical Licensure and the State Board of Pharmacy, shall develop rules and regulations requiring …

Miss. Code Ann. § 73-19-157 Purposes for which therapeutic pharmaceutical agents may be used; types of agents that may be prescribed

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(a) Any optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections 73-19-153 through 73-19-165 is authorized to examine, diagnose, manage and treat visual defects, abnormal conditions and diseases of the human eye or eyelids, including:(a) Over-th…

Miss. Code Ann. § 73-19-159 Standard of care in prescription and use of agents, and diagnosis and treatment

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Any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents shall be held to the same standard of care in the prescription and use of such agents, and in diagnosis and treatment, as is common to a licensed medical doctor.

Miss. Code Ann. § 73-19-161 Referral of patient to licensed physician when patient not responding to treatment

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If a patient of any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents is not responding to the prescribed treatment within the normal response time for the condition being treated, in the optometrist’s professional judgment, the optometrist shall…

Miss. Code Ann. § 73-19-163 Certificate of certification to be displayed

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Any optometrist who is certified to prescribe and use therapeutic pharmaceutical agents shall be provided by the State Board of Optometry a certificate reflecting such certification, and such certification shall be prominently displayed in the optometrist’s office.

Miss. Code Ann. § 73-19-165 Licensed pharmacist authorized to fill and dispense therapeutic pharmaceutical agents

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Any pharmacist licensed under the laws of the State of Mississippi is authorized to fill and dispense to patients those therapeutic pharmaceutical agents specified in Section 73-19-157 for any optometrist certified by the State Board of Optometry to use such agents.

Miss. Code Ann. § 73-19-17 Examination; qualifications

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Any person over the age of twenty-one (21) years, of good moral character, and who has graduated from a high school or preparatory school affiliated with and recognized by a state university, and who has graduated from a reputable school or college of optometry, shall be entitled…

Miss. Code Ann. § 73-19-19 Examination; effect of failure; certificate of licensure

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Every person desiring to be licensed as in this chapter provided, shall file with the secretary an application, verified by oath, setting forth the facts which entitle the applicant to examination and licensure under the provisions of this chapter. The said board shall hold at le…

Miss. Code Ann. § 73-19-191 Qualifications for license to perform authorized ophthalmic YAG laser posterior capsulotomy procedures

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(a) An optometrist may be licensed in Mississippi to perform authorized ophthalmic YAG laser posterior capsulotomy procedures if he/she:(a) Provides proof of holding a Mississippi license to practice therapeutic optometry and is in good standing;(b) Provides proof of satisfactory…

Miss. Code Ann. § 73-19-193 Qualifications for credentials for licensed out-of-state optometrist applying for licensing by endorsement in Mississippi to perform authorized ophthalmic YAG laser posterior capsulotomy procedures

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(a) An optometrist licensed in another state who applies for licensure by endorsement in Mississippi shall be credentialed to perform authorized ophthalmic YAG laser posterior capsulotomy procedures if the applicant provides proof that:(a) The applicant holds an active license in…

Miss. Code Ann. § 73-19-195 Report of outcome of every authorized ophthalmic YAG laser posterior capsulotomy procedure performed

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Optometrists shall report to the board the outcome of every authorized ophthalmic surgery procedure performed in such form as required or directed by the board.

Miss. Code Ann. § 73-19-21 Fees

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Except as provided in Section 33-1-39, the board shall charge the following fees for examination, registrations and renewals of certificates: The sum of not more than Two Hundred Dollars ($200.00) for an examination of an applicant who is a resident of Mississippi and not more th…

Miss. Code Ann. § 73-19-23 License refused or revoked; criminal history records check; disciplinary action

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(1) (a) The board shall refuse to grant a certificate of licensure to any applicant and may cancel, revoke or suspend the operation of any certificate by it granted for any or all of the following reasons: unprofessional and unethical conduct or the conviction of a crime involvin…

Miss. Code Ann. § 73-19-25 Certificates of other states; when and how recognized

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An applicant for a certificate of licensure who has been examined by the state board of another state which, through reciprocity, similarly accredits the holder of a certificate issued by the board of this state to the full privileges of practice within such state, on the payment…

Miss. Code Ann. § 73-19-27 Chapter does not confer title, word, abbreviation indicating licensee is engaged in practice of medicine or surgery

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Nothing in this chapter shall be construed as conferring on the holder of any certificate of licensure issued by said board the title of oculist, ophthalmologist, or any other word or abbreviation indicating that he is engaged in the practice of medicine or surgery.

Miss. Code Ann. § 73-19-29 Physicians, druggists and merchants may sell spectacles

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The provisions of this chapter shall not apply to physicians or surgeons practicing under authority of licenses issued under the laws of this state for the practice of medicine or surgery. And provided that this chapter shall not prohibit merchants and druggists who are actually …

Miss. Code Ann. § 73-19-3 Who may practice; examination and license

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It shall not be lawful for any person in this state to engage in the practice of optometry or to hold himself out as a practitioner of optometry, or attempt to determine by an examination of the eyes the kind of glasses needed by any person, or to hold himself out as able to exam…

Miss. Code Ann. § 73-19-33 Complaints against optometrists

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Complaints, irrespective of source, touching upon the professional conduct or conduct evincing unfitness for the practice of optometry made against optometrists licensed in this state, that may be received by or that may come to the attention of any member of the board, shall be …

Miss. Code Ann. § 73-19-35 Processing of complaints

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(a) When any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of optometry against any optometrist subject to discipline hereunder is referred to a member of the board for investigation, the board member shall take the foll…

Miss. Code Ann. § 73-19-37 Investigation of complaint; notice to accused optometrist

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The board investigator shall immediately investigate the complaint; and upon completion of his investigation he shall inform the accused optometrist that a complaint has been filed against him and that he is under investigation, advise the accused optometrist of the general natur…

Miss. Code Ann. § 73-19-39 Report of investigator; dismissal of complaint; formal complaint by board against optometrist; notice of action taken

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(a) After completion of his investigation, the board investigator shall make a report of his findings and recommendations to the member of the board designated to investigate the matter. After receipt of the investigator’s report, the board member shall take the following action:…

Miss. Code Ann. § 73-19-41 Hearing on formal complaint; decision

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(1) The board shall fix a time and place for any formal complaint hearing and shall cause a written notice specifying the offense or offenses for which the licensee is charged and notice of the time and place of the hearing to be served upon the licensee at least twenty (20) days…

Miss. Code Ann. § 73-19-43 Penalties; petition for reinstatement of license; disciplinary action not bar to criminal prosecution; payment and collection of monetary penalty

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(1) Upon finding of the existence of grounds for discipline of any person holding a license, seeking a license, or seeking to renew a license under the provisions of this chapter, the board may impose one or more of the following penalties:(a) Suspension of the offender’s license…

Miss. Code Ann. § 73-19-45 Appeal of final action of board

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(1) The right to appeal from a final action of the board is hereby granted. Such appeal shall be to the chancery court of the county of residence of the licensee and shall be on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be …

Miss. Code Ann. § 73-19-5 Penalty for violation of chapter; immunity from civil or criminal liability

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(1) Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction for his first offense shall be fined not more than five hundred dollars ($500.00) at the discretion of the court, and upon conviction for a second or later offense shall …

Miss. Code Ann. § 73-19-61 Persons authorized to dispense, fit, or prescribe contact lenses or other appliances touching cornea

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It shall be unlawful for any person, persons, corporation, proprietorship, partnership, or any entity other than a licensed optometrist or licensed ophthalmologist to dispense, fit, or prescribe to the public contact lenses, including FDA-approved medicated contact lenses, or any…

Miss. Code Ann. § 73-19-63 Penalties

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Any person violating the provisions of Section 73-19-61 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1000.00) and/or imprisoned not less than six (6) months nor more than one (1) year at the discretion of the court.

Miss. Code Ann. § 73-19-65 Immunity from liability for persons assisting with investigation or prosecution

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Any person, organization or entity acting in good faith and without malice, who makes any report or provides any information to any law enforcement agency regarding any violation of Section 73-19-61 or who assists in the investigation or prosecution of any violation of Section 73…

Miss. Code Ann. § 73-19-7 Board of optometry; appointment; qualifications

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The Governor, with the advice and consent of the Senate, shall appoint a State Board of Optometry, consisting of five (5) persons, citizens of Mississippi, each of whom shall be a nonmedical man or woman actually engaged in the practice of optometry for five (5) years next preced…

Miss. Code Ann. § 73-19-9 Officers of board; meetings; rules and regulations

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The State Board of Optometry shall organize by the election from its members a president and a secretary, who shall hold their respective offices for one (1) year. It shall hold regular meetings for examination, beginning on the second week of January and July of each year, and a…

Miss. Code Ann. § 73-21-101 Appeal from adverse action on a license, registration or permit; scope of review [Repealed effective July 1, 2029]

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(1) The right to appeal from the action of the board in denying, revoking, suspending or refusing to renew any license, registration or permit issued by the board, or fining or otherwise disciplining any person is hereby granted. Such appeal shall be to the chancery court of the …

Miss. Code Ann. § 73-21-103 Penalties for violations; requirement of rehabilitation or additional education; reinstatement of licenses or permits; enforcement proceedings [Repealed effective July 1, 2029]

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(1) Upon the finding of the existence of grounds for action against any permitted facility or discipline of any person holding a license, registration or permit, seeking a license, registration or permit, seeking to renew a license or permit under the provisions of this chapter, …

Miss. Code Ann. § 73-21-105 Registration of businesses where prescription drugs or devices are dispensed, sold, repackaged, manufactured, etc.; registration of reverse distributors; establishment of criteria; procedures and fees; applications; standards for operation; reports of changes of circumstances; penalties for violations; exemption of physicians, dentists, etc., from chapter [Repealed effective July 1, 2029]

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(1) Every manufacturer, manufacturer affiliate, packager, repackager, third-party logistic provider, wholesale distributor, reverse distributor or any other entity identified in the supply chain of prescription drugs and/or devices that are sold or shipped into or out of this sta…

Miss. Code Ann. § 73-21-106 Registration requirement for nonresident pharmacies that ship, mail, or deliver drugs into state [Repealed effective July 1, 2029]

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(1) Any pharmacy located outside this state that performs any services included in the definition of the practice of pharmacy for residents or to a business/entity/pharmacy of this state shall be considered a nonresident pharmacy and shall be permitted by the board. The board sha…

Miss. Code Ann. § 73-21-107 Inspection of permittee’s facility and records; scope [Repealed effective July 1, 2029]

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(1) The board or its representative may enter and inspect, during reasonable hours, any facility identified in the supply chain that ships, or causes to be shipped, or receives any controlled substances or prescription or legend drugs or devices, relative to the following:(a) Dru…

Miss. Code Ann. § 73-21-108 Permit requirements for persons providing home medical equipment [Repealed effective July 1, 2029]

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(1) Definitions. For the purposes of this section:(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 deliv…

Miss. Code Ann. § 73-21-109 Unlawful use of certain business names [Repealed effective July 1, 2029]

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No person shall make use of the terms “drugstore,” “pharmacy,” “apothecary” or words of similar meaning which indicate that pharmaceutical services are performed in any sign, letterhead or advertisement unless such person is a permit holder as provided in Section 73-21-105, or su…

Miss. Code Ann. § 73-21-111 Personnel regulations; registration of pharmacy technicians; annual registration fee; criminal background checks [Repealed effective July 1, 2029]

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(1) The board shall make, adopt, amend and repeal, from time to time, such rules and regulations for the regulation of supportive personnel as may be deemed necessary by the board. (2) Every person who acts or serves as a pharmacy technician in a pharmacy that is located in this …

Miss. Code Ann. § 73-21-113 Payment and deposit into state treasury of funds received by state board of pharmacy; expenditure [Repealed effective July 1, 2029]

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All fees received by the board from examinations, licenses, permits and monetary penalties, and any other funds received by the board, shall be paid to the State Treasurer, who shall issue receipts therefor and deposit such funds in the State Treasury in a special fund to the cre…

Miss. Code Ann. § 73-21-115 Prescription forms; execution; dispensing options; one-time emergency dispensing authority [Repealed effective July 1, 2029]

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(a) A pharmacist licensed by the Mississippi State Board of Pharmacy may dispense a one-time emergency dispensing of a prescription of up to a seventy-two-hour supply of a prescribed medication in the event the pharmacist is unable to contact the prescriber to obtain refill autho…