2013 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September 2013 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2013 REGULAR SESSION AND 1STAND 2ND EXTRAORDINARY SESSIONS OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 15A (As Revised 2012) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe PubHsher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthispublication, orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStates andCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONON OTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnited States andCanada 518-487-3000 Copyright © 2013 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used under license. Matthew Benderis a registered trademark ofMatthew Bender Properties, Inc. 5463224 ISBN 978-0-327-09628-3 (Code set) ISBN 978-0-7698-5382-6 (Volume 15A) ®' LexisNexis' Matthew Bender & Company, Inc. 701 E Water Street, Charlottesville, VA22902-5389 WWW. com lexisnexis. (Pub.44510) User's Guide Inorderto assistboththe legalprofession andthelaymaninobtainingthe maximumbenefit from the Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. iii PUBLISHER'S FOREWORD Statutes The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal 2nd Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. V Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices oftheAttorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2013 LexisNexis vi SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 73. PROFESSIONSAND VOCATIONS CHAPTER 35. Real Estate Brokers Sec. 73-35-4.1. Disclosureofinformationconcerningsize orareaofpropertyinvolvedin real estate transaction; liability; remedy for violation ofsection. CHAPTER 50. Licensing, Certifying or Registering Military-trained Individuals or Spouses to Lawfully Practice Occupation 73-50-1. Issuance oflicense, certificate or registration by occupational licensing board to military-trained or military spouse applicants to lawfully practice occupation in Mississippi under certain circumstances; tempo- rary practice permit. 2013 Supplement 1 Digitized by tine Internet Arcliive 2014 in https://archive.org/details/govlawmscode15as2013 CODE MISSISSIPPI 1972 ANNOTATED VOLUME FIFTEEN A TITLE 73 PROFESSIONS AND VOCATIONS Chapter 1. Architects 73-1-1 Chapter 2. LandscapeArchitectural Practice 73-2-1 Chapter 3. Attorneys at Law 73-3-1 Chapter 4. Auctioneers 73-4-1 Chapter 5. Barbers 73-5-1 Chapter 6. Chiropractors 73-6-1 Chapter 7. Cosmetologists 73-7-1 Chapter 9. Dentists 73-9-1 Chapter 10. Dietitians 73-10-1 Chapter 11. Practice ofFuneral Service and Funeral Directing 73-11-1 Chapter 13. Engineers and Land Surveyors 73-13-1 Chapter 14. HearingAid Dealers 73-14-1 Chapter 15. Nurses 73-15-1 Chapter 17. Nursing HomeAdministrators 73-17-1 Chapter 19. Optometry and Optometrists 73-19-1 Chapter 21. Pharmacists 73-21-1 Chapter 23. Physical Therapists 73-23-1 Chapter 24. Mississippi Occupational Therapy PracticeAct 73-24-1 Chapter 25. Physicians 73-25-1 Chapter 26. PhysicianAssistants 73-26-1 Chapter 27. Podiatrists 73-27-1 Chapter 29. Polygraph Examiners 73-29-1 Chapter 30. Licensed Professional Counselors 73-30-1 Chapter 31. Psychologists 73-31-1 Chapter 33. PublicAccountants 73-33-1 Chapter 34. Real EstateAppraisers 73-34-1 Chapter 35. Real Estate Brokers 73-35-1 Chapter 36. Registered Foresters 73-36-1 Chapter 38. Speech Pathologists andAudiologists 73-38-1 Chapter 39. Veterinarians 73-39-1 Chapter 50. Licensing, Certif3dng or Registering Military-trained Indi- viduals or Spouses to Lawfully Practice Occupation 73-50-1 Chapter 53. Licensing and Regulation ofSocial Workers 73-53-1 Chapter 54. Marriage and Family Therapists 73-54-1 Chapter 60. Home Inspectors 73-60-1 Chapter 63. Registered Professional Geologists PracticeAct 73-63-1 Chapter 65. ProfessionalArt Therapists 73-65-1 Chapter 67. Professional Massage Therapists 73-67-1 Chapter 69. Mississippi Residential Electronic Protection Licensing Act 73-69-1 2013 Supplement 3 § 73-1-21 Professions and Vocations Chapter 71. Acupuncture PracticeAct 73-71-1 Chapter 73. Mississippi Certified Interior DesignerAct 73-73-1 CHAPTER 1 Architects Sec. 73-1-21. Quahfications required ofarchitects residing outside this state. 73-1-23. Temporary hcenses not to be issued. § 73-1-21. Qualifications required of architects residing out- side this state. Any architect residing outside this state may obtain a certificate to practice in the State ofMississippi by compl3dng with Section 73-1-13, and by pa3dng the fees prescribed by the rules of the board; however, no such nonresident appHcant shall receive a certificate to practice in this state unless the applicant furnishes evidence satisfactory to the board that the applicant holds a current and valid registration issued by a registration authority recognizedbytheboard, holds aNational CouncilofArchitectural Registration Board's certificate, has neverbeenrestrainedfrompracticingarchitecture, and has neverhad acertificateorlicenserevoked. Eachnonresidentapplicantshall submit, as a part ofthe application, a sworn affidavit statingthat neither such applicant nor any person in, or agent of, the applicant's firm has practiced or is practicingarchitecturalworkin this state priorto the applicanthavingbeen licensed by the board unless such person or agent holds a license to practice architecture in this state. Failure to submit this affidavit is just cause for disapproval of the application. Every applicant for reciprocity registration shall comply fully with the requirements for resident applicants, except that nonresident applicants who met the requirements for issuance ofa certificate ofregistration by the board prior to January 1, 1987, and who, on that date, held a current and valid registration by a registration authority recognized by the board orwere qualified exam candidates in anotherjurisdiction recognized by the board, shall not be required to meet the degree requirements ofSection 73-1-13. The board shall have the further right to exercise its discretion as to whether such nonresident architect shall be issued such certificate to practice. The issuance ofa certificate by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions ofSection 73-50-1. SOURCES:Codes, 1930, § 3620; 1942, § 8632-11;Laws, 1928,ch. 133;Laws, 1954, ch. 320, § 11; Laws, 1976, ch. 363, § 6; reenacted, Laws, 1983, ch. 377, § 11; Laws, 1988, ch. 578, § 7; Laws, 2000, ch. 472, § 1; Laws, 2010, ch. 361, § 1; Laws, 2013, ch. 350, § 4, efffrom and after July 1, 2013. — AmendmentNotes The 2013 amendmentaddedthesecondparagraphandmade a minor stylistic change. 4 2013 Supplement