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Mississippi

73-51-1

TITLE 73 PROFESSIONS AND VOCATIONS

CHAPTER 51 UNLICENSED PRACTICE OF PROFESSION

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73-51-1. Injunction to prohibit unlicensed practice of profession.

(1) An action for an injunction may be brought and maintained in the name of any state board authorized to hold examinations and grant licenses to practice any profession to enjoin and prohibit any person from the practice of any profession required to be licensed by said board, when such person is practicing said profession and has not been granted a license therefor.

(2) Notwithstanding the provisions of subsection (1) of this section, the board of bar admissions shall not be authorized to bring or maintain actions to enjoin or prohibit any person from engaging in the unauthorized practice of law, and all complaints and notices which the board of bar admissions may receive concerning the unauthorized practice of law shall be immediately delivered to the board of commissioners of the Mississippi State Bar, or its executive director, and such board is hereby authorized to bring and maintain all such actions to enjoin and prohibit the unauthorized practice of law without the necessity of proving irreparable injury or establishing that there is no adequate remedy at law. The provisions of this subsection shall not be construed to affect any actions or proceedings commenced prior to July 1, 1983.

Sources: Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3; Laws, 1983, ch. 457, § 16, eff from and after July 1, 1983.

73-51-3. Filing, hearing and determination of action for injunction.

An action for an injunction authorized by Section 73-51-1 shall be filed and heard either in the county in which the defendant resides or in which he practices the profession sought to be enjoined, and no bond shall be required, and no damages, fees or other costs shall be taxed against said board for the bringing of such suit. The court or judge shall not issue a temporary restraining order or injunction under this chapter, but shall hear and decide said matter on its merits either in term time or vacation as soon as possible.

Sources: Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3.

73-51-5. Effect of chapter.

The authority conferred by this chapter is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter herein, and the institution and prosecution of any action shall not preclude the institution and prosecution of an action under other appropriate civil or criminal statutes dealing therewith.

Sources: Codes, 1942, § 8923-51; Laws, 1946, ch. 431, §§ 1-3; Laws, 1983, ch. 448, § 18, eff from and after July 1, 1983.

97-23-43

TITLE 97 CRIMES

CHAPTER 23 OFFENSES AFFECTING TRADE, BUSINESS AND PROFESSIONS

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97-23-43. Profession; practicing without license.

If any person shall practice as an attorney and counsellor-at-law, or shall practice as a physician or surgeon, or shall practice as a dentist, or shall practice as a pharmacist, without having first been examined and obtained a license as required by law, he shall, on conviction, of the first offense, be punished by a fine of not less than one hundred ($100.00) dollars or more than two hundred ($200.00) dollars or by imprisonment in the county jail not less than three months or more than twelve months or both; and such person, upon conviction of the second offense against this section, shall be punished by a fine of not less than two hundred ($200.00) dollars or more than five hundred ($500.00) dollars or by imprisonment in the penitentiary not less than one year or more than two years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of five thousand dollars ($5,000.00) or imprisonment for five years.

Sources: Codes, Hutchinson’s § 1848, ch. 26, art. 3(4); 1857, ch. 9, art. 3; 1871, § 2246; 1880, § 2398; 1892, § 1258; Laws, 1906, § 1334; Hemingway’s 1917, § 1068; Laws, 1930, § 1099; Laws, 1942, § 2332; Laws, 1932, ch. 270.


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