Can an out-of-state dental hygienist qualify for a Mississippi license without meeting Mississippi's initial education rules?

Plain-English summary

A Mississippi legislator asked whether the State Board of Dental Examiners could license an applicant from Alabama's accelerated dental-hygiene pathway even though that person lacked the accredited education and national examination required for initial Mississippi licensure.

Attorney General Lynn Fitch concluded that the Universal Recognition of Occupational Licenses Act supplied an alternative route. If an applicant met all six conditions in Miss. Code Ann. § 73-50-2(3), the Board could not also require compliance with the initial-license standards in the Mississippi Dental Practice Act.

The Board retained authority to decide whether the statutory conditions were actually met. Those included a current out-of-state license held for at least one year, a similar scope of practice, verification that the applicant met the other state's education and any applicable experience, examination, and supervision requirements, good disciplinary standing, no disqualifying record or unresolved complaint, and payment of fees.

The Board also could require a jurisprudential examination under Section 73-50-2(5), when applicable.

What this means for you

Out-of-state dental hygienists

The opinion recognizes an alternative to Mississippi's ordinary initial-license pathway, but every universal-recognition condition must be satisfied.

Dental Board members

The Board determines similar scope of practice and the other factual conditions. It cannot replace the other state's verified requirements with Mississippi's initial education and examination rules.

Other occupational licensing boards

The opinion reads the act's "notwithstanding any other provision of law" language as controlling over profession-specific initial requirements when the universal conditions are met.

Common questions

Q: Does any out-of-state license automatically qualify? A: No. The applicant must satisfy all six statutory conditions, including similar scope and at least one year in good standing.

Q: Can the Board require CODA education and the national exam anyway? A: Not as added Mississippi requirements for an applicant who qualifies under the universal-recognition route.

Q: Can the Board require a Mississippi-law exam?
A: Yes, an applicable jurisprudential examination under Section 73-50-2(5).

Background and statutory framework

Miss. Code Ann. §§ 73-9-1, et seq. governed ordinary dental-hygiene licensure, and Miss. Code Ann. § 73-9-5(1) defined a dental hygienist by accredited education, the national board, and state licensure. Miss. Code Ann. § 73-50-2(3) created the alternative route and directed a board to issue a license when its conditions were met.

Citations and references

Statutes:

• Miss. Code Ann. §§ 73-9-1, et seq.
• Miss. Code Ann. § 73-9-5(1)
• Miss. Code Ann. § 73-50-2(3)
• Section 73-50-2(5)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/09/B.-Currie-September-11-2026-Universal-Recognition-of-Occupational-Licenses-Act.pdf

Original opinion text

September 11, 2026
The Honorable Becky Currie
Mississippi State Representative
Post Office Box 1018
Jackson, Mississippi 39215
Re:

Universal Recognition of Occupational Licenses Act

Dear Representative Currie:
The Office of the Attorney General has received your request for an official opinion. Background According to your request, the Alabama Dental Hygiene Program is an accelerated Alabama-only certificate pathway. Unlike traditional dental hygienists, the participants do not graduate from an accredited dental hygiene program, do not take a national dental hygiene board examination or equivalent, and do not meet the educational requirements for licensure established by the Mississippi Dental Practice Act. Miss. Code Ann. §§ 73-9-1, et seq. Question Presented Does Mississippi Code Annotated Section 73-50-2, the Universal Recognition of Occupational Licenses Act (“UROLA”), authorize the Mississippi State Board of Dental Examiners (“Dental Board”) to issue a Mississippi dental hygiene license to an applicant who does not meet the educational and licensure qualifications established by the Mississippi Dental Practice Act, or must an applicant first satisfy all profession-specific statutory requirements before qualifying for licensure under UROLA? Brief Response If an applicant meets all of the conditions for licensure under UROLA, the Dental Board does not have authority to require the applicant to also meet the educational and licensure qualifications for dental hygienists established by the Mississippi Dental Practice Act. Whether the UROLA licensing conditions have been met is a factual determination to be made by the Dental Board. 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

The Honorable Becky Currie
September 11, 2026
Page 2
Applicable Law and Discussion
Under Mississippi law, a dental hygienist is defined as “an individual who has completed an accredited dental hygiene education program, passed the national dental hygiene board and is licensed by the State Board of Dental Examiners to provide, as an auxiliary to the dentist, preventive care services including, but not limited to, scaling and polishing.” Miss. Code Ann. § 73-9-5(1). However, the UROLA offers an alternate path to certification for eligible applicants and provides that “[n]otwithstanding any other provision of law, an occupational licensing board shall issue a license or government certification” if the applicant meets certain listed conditions. Miss. Code Ann. § 73-50-2(3) (emphasis added). Section 73-50-2(3) lists six conditions that must be met for an applicant who is licensed in another state to receive a Mississippi license: (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. As shown, if an applicant meets all of the conditions for licensure under UROLA, the Dental Board does not have authority to require the applicant to also meet the educational and licensure qualifications for dental hygienists established by the Mississippi Dental Practice Act. This said, the Dental Board does maintain authority to make the factual determination of whether the 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

The Honorable Becky Currie
September 11, 2026
Page 3
UROLA licensing conditions have been met, including the “similar scope of practice” requirement in Section 73-50-2(3)(a). Additionally, if applicable, the Dental Board may require applicants to pass a jurisprudential examination pursuant to Section 73-50-2(5) prior to certification. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680