Bill Text: MS HB487 | 2026 | Regular Session | Introduced
Bill Title: Universal Recognition of Occupational License Act; exempt practices of dentistry and optometry from.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB487 Detail]
Download: Mississippi-2026-HB487-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Commerce; Judiciary A
By: Representative Remak
House Bill 487
AN ACT TO AMEND SECTION 73-50-2, MISSISSIPPI CODE OF 1972, TO EXEMPT THE PRACTICES OF DENTISTRY AND OPTOMETRY FROM THE UNIVERSAL RECOGNITION OF OCCUPATIONAL LICENSES ACT; TO AMEND SECTIONS 73-9-24 AND 73-19-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-50-2, Mississippi Code of 1972, is amended as follows:
73-50-2. (1) This section shall be known as the "Universal Recognition of Occupational Licenses Act."
(2) As used in this section, the term:
(a) "License" means any license (other than a privilege license), certificate, registration, permit or other evidence of qualification that an individual is required by the state to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) "Occupational licensing board" means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses. For the purposes of this section, the State Department of Education shall be considered an occupational licensing board when issuing teacher licenses under Section 37-3-2.
(3) Notwithstanding any other provision of law, an occupational licensing board shall issue a license or government certification in the discipline applied for and at the same practice level to a person who establishes residence in this state if, upon application to an occupational licensing board, the applicant satisfies the following conditions:
(a) The applicant holds a current and valid license in good standing in another state in an occupation with a similar scope of practice, as determined by the occupational licensing board in Mississippi, and has held this license from the occupational licensing board in the other state for at least one (1) year; and
(b) 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
(c) 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 occupational licensing board in Mississippi under Mississippi law; and
(d) The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's work in the occupation in another state; and
(e) 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 occupational licensing 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 occupational licensing board in Mississippi; and
(f) The applicant pays all applicable fees in Mississippi.
(4) Notwithstanding any other law, the occupational licensing board shall issue a license to an applicant in the discipline applied for and at the same practice level, as determined by the occupational licensing board, to a person who establishes residence in this state based on work experience in another state, if all the following apply:
(a) The applicant worked in a state that does not use a license to regulate a lawful occupation, but Mississippi uses a license to regulate a lawful occupation with a similar scope of practice, as determined by the occupational licensing board;
(b) The applicant worked for at least three (3) years in the lawful occupation; and
(c) The applicant satisfies the provisions of paragraphs (c) through (f) of subsection (3) of this section.
(5) An occupational licensing board may require an applicant to pass a jurisprudential examination specific to relevant state laws in Mississippi that regulate the occupation 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 the occupation.
(6) For purposes of this section, 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.
(7) A 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 occupational licensing board's jurisdiction.
(8) 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.
(9) The occupational licensing board shall issue or deny the license to the applicant within one hundred twenty (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 subsection (3) or subsection (4) and pays all applicable fees as required by subsection (3)(f) or subsection (4)(c).
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 the occupational licensing board. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirement for licensure in subsections (3) through (5), as applicable.
(10) (a) The applicant may appeal any of the following decisions of an occupational licensing 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 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.
(11) An occupational licensing 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 Universal Recognition of Occupational Licenses Act, Mississippi shall recognize occupational licenses obtained from other states." An occupational licensing board shall prepare and place on the board's website an annual report detailing the number of applications submitted to the licensing board under this section during a calendar year and the actions taken by the board on the applications.
(12) An occupational licensing board shall adopt rules necessary to implement this section by January 1, 2022. In addition, an occupational licensing board shall make all reasonable efforts to issue a license to an applicant for a license under this section.
(13) Nothing in this section shall be construed to prohibit an applicant for licensure from proceeding under the existing licensure requirements established by an occupational licensing board in Mississippi.
(14) Nothing in this chapter shall be construed to prevent Mississippi from entering into a licensing compact or reciprocity agreement with another state, foreign province or foreign country. A license issued under this section is valid only in Mississippi. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in Mississippi law.
(15) Nothing in this section shall be construed to apply to:
(a) The practice of law as regulated under Section 73-3-1 et seq.;
(b) Criteria for an applicant to obtain a license that is established under an interstate compact;
(c) The ability of an occupational licensing board to require an applicant to submit fingerprints in order to access state and federal criminal records information for noncriminal justice purposes;
(d) The practice of medicine by physicians as regulated under Section 73-25-1 et seq.;
(e) The provisions of
the Military Family Freedom Act, Section 73-50-1; * * *
(f) An occupation
regulated under Section 73-1-1 et seq. to the extent there is a conflict with a
law granting licensure reciprocity under Section 73-1-1 et seq * * *;
(g) The practice of dentistry as regulated under Section 73-9-1 et seq.; or
(h) The practice of optometry as regulated under Section 73-19-1 et seq.
SECTION 2. Section 73-9-24, Mississippi Code of 1972, is amended as follows:
73-9-24. (1) In addition to the method for obtaining a license to practice dentistry or dental hygiene by way of examination as provided by Section 73-9-23, the board, in its sole discretion, may grant a license to a candidate who meets the following criteria:
(a) Submit proof of graduation from a dental school or school of dental hygiene accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission;
(b) Be engaged in the active practice of dentistry or dental hygiene or in full-time dental education or dental hygiene education for the past five (5) years;
(c) Currently hold a valid, unrestricted and unexpired license in a state whose standards for licensure are determined by the board as equivalent to Mississippi's standards, and which state grants reciprocity or licensure by credentials to licensees of the State of Mississippi;
(d) Provides an endorsement from all states in which he or she is currently licensed or has ever been licensed to practice dentistry or dental hygiene;
(e) Has not been the subject of pending or final disciplinary action in any state in which the applicant has been licensed;
(f) Is not the subject of a pending investigation in any other state or jurisdiction;
(g) Has passed a state or regional clinical licensure examination and, within the past five (5) years, has not failed a clinical licensure examination administered by another state, jurisdiction, or regional licensing board;
(h) Has not failed at any time, a licensure examination administered by the Mississippi State Board of Dental Examiners;
(i) Provides a written statement agreeing to appear for interviews at the request of the board;
(j) Has successfully completed all parts of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an accredited dental or dental hygiene school before 1960;
(k) Successfully passes a written jurisprudence examination;
(l) Provides payment of a nonrefundable application fee as provided in Section 73-9-43; and
(m) In addition, the State Board of Dental Examiners may consider the following in accepting, rejecting or denying an application for licensure by credentialing:
(i) Information from the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Examiners Clearinghouse for Disciplinary Information.
(ii) Questioning under oath.
(iii) Results of peer review reports from constituent societies and/or federal dental services.
(iv) Substance abuse testing or treatment.
(v) Background checks for criminal or fraudulent activities.
(vi) Participation in continuing education.
(vii) A current certificate in cardiopulmonary resuscitation.
(viii) Recent patient case reports and/or oral defense of diagnosis and treatment plans.
(ix) No physical or psychological impairment that would adversely affect the ability to deliver quality dental care.
(x) Agreement to initiate practice in the credentialing jurisdiction within a reasonable period of time.
(xi) Proof of professional liability coverage and that the coverage has not been refused, declined, canceled, nonrenewed or modified.
(xii) Any additional information or documentation that the board may stipulate by rule or regulation as necessary to qualify for a license by credentialing.
(2) The board shall be granted sufficient time to conduct a complete inquiry into the applicant's qualifications for licensure by credentials, and the board may adopt such rules and regulations pertaining to the time needed to conduct investigations and the responsibility of applicants to produce verifiable documentation.
(3) Any applicant failing to meet the criteria in subsection (1) of this section shall not be eligible for a license based on credentials. Upon meeting the criteria in subsection (1) of this section, the Mississippi State Board of Dental Examiners may, in its discretion, issue to the applicant a license to practice dentistry, or dental hygiene, unless grounds for denial of licensure exist as enumerated in Section 73-9-61. Evidence of falsification in the application for licensure through credentialing will result in revocation of the license.
(4) Any applicant applying for a specialty license by credentials must stay within his or her board recognized specialty and must practice only that specialty within the State of Mississippi. A specialty license holder must hold a general dentistry license before obtaining a specialty license.
(5) The issuance of a
license by reciprocity to a military-trained applicant * * * or military spouse * * *
shall be subject to the provisions of Section 73-50-1 * * *.
SECTION 3. Section 73-19-25, Mississippi Code of 1972, is amended as follows:
73-19-25. 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 of a fee of not more than Fifty
Dollars ($50.00) to the board and on filing in the office of the board a true
and attested copy of the license, certified by the president or secretary of
the state board issuing the same, and showing also that the standard
requirements adopted and enforced by the board are equal to that provided by
this state, may, without further examination, receive a certificate of
licensure, provided that such applicant has not previously failed at an examination
held by the board of this state. The issuance of a certificate of licensure by
reciprocity to a military-trained applicant * * * or military spouse * * *
shall be subject to the provisions of Section 73-50-1 * * *.
SECTION 4. This act shall take effect and be in force from and after July 1, 2026.
