Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
1
Title 15: Mississippi State Department of Health
Part 19: Bureau of Professional Licensure
Subpart 60: Professional Licensure
CHAPTER 10: REGULATIONS GOVERNING LICENSURE OF SPEECH-
LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
Subchapter 1: General
Rule 10.1.1 Purpose: The purpose of these regulations is to safeguard the public's
health, safety, and welfare by establishing minimum qualifications and
creating exclusive titles corresponding to the level of qualifications for
individuals who wish to offer speech-language pathology or audiology
services to the public. Further, in order to ensure the highest degree of
professional conduct by those engaged in offering speech-language
pathology or audiology services to the public, it is the purpose of these
regulations to provide and impose disciplinary sanctions, be they civil or
criminal, against persons who do not meet or adhere to the procedures,
qualifications, and standards set out in these regulations.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.1.2 Legal Authority:
1. The Mississippi State Board of Health shall be empowered under Title 73,
Chapter 38, Mississippi Code of 1972 Annotated, to license qualified
applicants in the practice of speech-language pathology and audiology.
2. The Mississippi State Board of Health shall promulgate such rules as are
necessary to provide for the licensing of speech-language pathologists,
audiologists, speech-language pathology aides, and audiology aides.
3. The principal offices of the Mississippi State Board of Health and the
Mississippi Council of Advisors in Speech-Language Pathology and
Audiology are located in the Mississippi State Department of Health
building, 570 East Woodrow Wilson, Jackson, Mississippi 39216.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.1.3 Definitions:
1. Board means the Mississippi State Board of Health.
2. Council means the Mississippi Council of Advisors in Speech-Language
Pathology and Audiology.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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3. Over-the-Counter Hearing Aid means an over the counter (OTC)
hearing aid is an air-conduction hearing aid that does not require
implantation or other surgical intervention and is intended for use by a
person aged eighteen (18) or older to compensate for perceived mild to
moderate hearing impairment. The device is available over the counter,
without the supervision, prescription, or other order, involvement, or
intervention of a licensed person, to consumers through in-person
transactions by mail or online.
4. Prescription Hearing Aid means they do not meet the requirements for
the over-the-counter category and help those with mild, moderate, severe,
and profound hearing loss.
5. ASHA means the American Speech-Language Hearing Association..
6. Department means the Mississippi State Department of Health.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.1.4 Publication: The Department shall publish, a list of the names and
addresses of all persons licensed by the Board as speech-language
pathologists and audiologists and a list of all persons whose licenses have
been suspended, revoked, denied renewal, put on probationary status,
censured, or reprimanded.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 2: Speech-Language Pathology/Audiology Advisory Council
(“Council”)
Rule 10.2.1 Council Structure and Purpose: The Council shall consist of seven (7)
members as set forth in §73-38-11 of the Code, for the terms indicated
therein, and shall serve under the jurisdiction of the State Board of Health.
The purpose of the Council is to serve in an advisory capacity to the
Department in matters relating to the administration and interpretation of
the Speech Pathologists and Audiologists Act.
SOURCE: Miss. Code Ann. §73-38-13
Rule 10.2.2 Meetings: The Council shall meet at least twice each year, with the first
meeting being in January. Additional meetings may be held, at the
discretion of the chairperson of the Council or any two council members.
A quorum shall consist of four (4) members of the Council, including one
speech-language pathologist and one audiologist present, and shall be
necessary for the Council to take action by vote. A notice of meeting shall
be published in a newspaper of general circulation in the state not less
than ten (10) days prior to any meeting.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 3: State Board of Health (“Board”)
Rule 10.3.1 Responsibilities: The Board, with the advice of the council, shall:
1. establish examination, licensing, and renewal of license criteria for
applicants;
2. maintain an up-to-date list of all individuals licensed to practice speech-
language pathology or audiology, with such list being available, upon
request, to the public;
3. conduct disciplinary hearings, upon specified charges, of a licensee;
4. refer disciplinary actions of any individual engaged in the practice of
speech-language pathology or audiology to the appropriate government
agency for prosecution, whether licensed or otherwise, or, in its discretion,
refer same to the appropriate committee or council;
5. maintain an up-to-date list of all individuals whose license has been
suspended, revoked, or denied and make such list available to public
inspection and supply such list to similar regulatory boards in other states
or jurisdictions;
6. keep a record of all proceedings of the Board, and make said record
available to the public; and
7. direct the Department to promulgate and implement rules and procedures
to carry out the purpose of the Speech Pathologists and Audiologists Act.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 4: Licensure
Rule 10.4.1 General Requirements:
1. An application for a license as a speech-language pathologist or
audiologist shall be submitted to the State Board of Health at its principal
office in Jackson on an application form provided by the State Board of
Health.
2. Approved applications and all documents filed in support thereof shall be
retained by the State Board of Health.
3. Licenses issued under these regulations shall expire and become invalid
at midnight of the expiration date.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.4.2 Qualifications for Licensure:
1. Education
a. Education qualifications deemed equivalent to those specified in
Section 73-38-9 shall be at least a master's degree, e.g., M.S.,
M.A., or M.Ed., in speech-language pathology, communicative
disorders, or speech and hearing science or a doctoral degree in
audiology from an institution recognized by the State Board of
Health. Licensees currently licensed as an audiologist with a
master’s degree will be “grandfathered” in and will remain licensed
so long as they maintain their national certification. In addition,
applicants for an audiology license who are already licensed as an
audiologist in another state with only a master’s degree will be
accepted for licensure in Mississippi if they are currently nationally
certified.
b. Institutions recognized by the State Board of Health within the
meaning of Section 73-38-9 shall be those institutions with
academic programs accredited by the American Speech-Language-
Hearing Association or any other national accrediting body deemed
appropriate by the Board.
2. Supervised Professional Employment
a. The applicant must have obtained the equivalent of nine (9) months
of full-time professional experience (the Supervised Professional
Employment) in which bona fide clinical work has been
accomplished in the major professional area (speech-language
pathology or audiology) in which the license is being sought. Full-
time employment is defined as a minimum of thirty (30) clock hours
of work a week. For applicants awarded a master’s degree, the
Supervised Professional Employment Plan (SPEP) must begin after
the degree has been awarded. For applicants awarded a doctoral
degree, the Supervised Professional Employment Plan requirement
may be met prior to awarding of the degree, provided the
equivalent of the Supervised Professional Employment Plan is an
integral part of the course of study which leads to the awarding of a
doctoral degree. For applicants awarded a doctoral degree from
institutions that do not incorporate the equivalent of the Supervised
Professional Employment Plan into the degree-granting process,
the Supervised Professional Employment Plan must begin after the
degree has been awarded.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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b. Professional experience is construed to mean direct clinical work
with patients, consultations, record keeping, or any other duties
relevant to a bona fide program of clinical work. Eighty percent
(80%) of full-time clinical experience and one hundred percent
(100%) of part-time clinical experience will be in direct clinical
contact with persons who have communication handicaps. Time
spent in supervision of students, academic teaching, and research,
as well as administrative activity that does not deal directly with
management programs of specific patients or clients will not be
counted as professional experience in this context.
c. An applicant desiring to complete the Supervised Professional
Employment Experience must apply to the Board for a temporary
license on a form available from the Board and must demonstrate
that he is or will be supervised according to Rule 10.4.5 of these
regulations.
3. The National Examinations In Speech-Language Pathology and
Audiology:
a. The applicant must have passed a National Examination in
Speech-Language Pathology and Audiology, either the National
Examination in Speech-Language Pathology or the National
Examination in Audiology. Each year at its first meeting, the
Advisory Council will recommend to the State Board of Health a
passing score for the coming year.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.4.3 Licensure by Reciprocity: An applicant for licensure by reciprocity shall
submit to the Department, verified by oath, written evidence in form and
content satisfactory to the Department that the applicant has met all
requirements set forth in Rule 10.4.1 and 10.4.2 of these regulations.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.4.4 Temporary License:
1. A temporary license to practice as a speech-language pathologist or
audiologist may be granted to an applicant for licensure meeting the
requirements of Rule 10.4.1 and Rule 10.4.2 who has or has not taken the
approved examination or who is entering the supervised professional
employment plan subject to the conditions of Rule 10.4.5.
2. A temporary license must be issued prior to the beginning of the
supervised professional employment plan.
SOURCE: Miss. Code Ann. §73-38-13.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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Rule 10.4.5 Conditions of Temporary Licensure:
1. A temporary license shall be issued for one 2-year period only beginning
on the date of issuance. All regular license requirements must be
completed and submitted to the department during the temporary
licensure period. Supervision must be maintained according to the
Supervised Professional Employment Plan (SPEP) agreement until the
temporary license is upgraded to a regular license by the department.
2. A temporary licensee shall restrict his practice setting to the State of
Mississippi.
a. A temporary licensee in a department approved SPEP shall
practice under the supervision of a current licensee holding a
corresponding, regular license issued by the department.
b. A temporary licensee in an employment setting that is exempt from
licensure under §73-38-7 of the Code and who is engaged in a
department approved SPEP shall practice under the supervision of
a current, licensee holding a corresponding, regular license issued
by the department.
c. A temporary licensee may practice only in the practice setting listed
in the department approved SPEP.
d. A temporary licensee may not supervise any other licensee or
registered aide.
3. Documentation in form and substance acceptable to the Department that
the conditions of Rule 10.4.5(2) have been met must be on file with the
Department before a temporary license will be issued.
4. A temporary license will not be issued to any individual who has had a
temporary license revoked pursuant to the provisions of these regulations.
5. Any person who has completed the Supervised Employment Experience
and who has taken, but not passed, the required examination in another
jurisdiction shall not be eligible for a license of any type until an approved
examination is passed.
6. Temporary licenses approved within the licensure term must renew in
order to stay with the current renewal cycle.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.4.6 Conditions of a Universal Occupational License:
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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1. Notwithstanding any other provision of law, the Department shall issue a license in
speech-language pathology and audiology and at the same practice level to a person
who establishes residence in this state if, upon application to the Department:
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
Department, 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 Department 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 Department 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 Department; and
f. The applicant pays all applicable fees in Mississippi.
2. Notwithstanding any other law, the Department shall issue a license to an applicant
in speech-language pathology or audiology and at the same practice level, as
determined by the Department, 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 Department;
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 Rule
10.4.6(1).
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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3. The Department may require an applicant to pass a jurisprudential examination
specific to relevant state laws in Mississippi that regulate speech-language
pathologists and audiologists 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 speech-language pathologists and
audiologists.
4. The Department may require proof of residency. Residency 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 a notarized letter of the
promise of employment of the applicant or his or her spouse; or
d. Any verifiable documentation demonstrating Mississippi residency.
5. 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.
6. The Department shall issue or deny the license to the applicant within one hundred
twenty (120) days after receiving an application.
7. If the application requires longer than two (2) weeks to process, the Department
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 Rule 10.4.6(3) or Rule 10.4.6(4)
and pays all applicable fees as required by Rule 10.4.6(1)(f).
a. 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 Department. 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 Rule 10.4.6(1) through Rule 10.4.6(3), as
applicable.
8. The Department may waive the examination for licensure of any applicant who
presents proof of current licensure in another state, including the District of
Columbia, or territory of the United States which maintains professional standards
considered by the Department to be equivalent to those set forth in this chapter. The
issuance of a license by reciprocity to a military-trained applicant, military spouse,
or person who establishes residence in this state shall be subject to the provisions of
Section §73-50-1 or §73-50-2 of the Mississippi Code of 1972, as applicable.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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9. The Department shall waive the examination for licensure of any person certified as
clinically competent by ASHA in the area for which such person is applying for
licensure.
10. Denial of Universal License
a. The applicant may appeal any of the following decisions of the Department 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 the Department,
without regard to any previous determination that may have been made on the
question in any action before the Department.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.4.7 Abandonment: An application shall be deemed abandoned by the Department if,
after six (6) months from the date of filing, the requirements for licensing have not been
completed and submitted to the Department.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 5: Professional Identification
Rule 10.5.1 Production and Display of License; A person licensed to practice
speech-language pathology or audiology in Mississippi shall be issued a
"Certificate of Licensure" and "License Identification Card.” The licensee
shall prominently display the "Certificate of Licensure" or copy thereof at
their place(s) of employment. The licensee shall carry the "License
Identification Card" when providing services and show said ID card when
requested.
SOURCE: Miss. Code Ann. §73-38-13
Subchapter 6: Renewal of License
Rule 10.6.1 General Provisions:
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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1. The Board shall issue regular licenses which shall be renewed prior to the
expiration date of the license.
2. The licensure period shall be construed as July 1 through June 30 with all
regular licenses expiring at midnight on June 30 of even-numbered years.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.6.2 Procedure for Renewal of License: The Department shall mail notices
approximately sixty (60) days prior to the license expiration date to the last
email address registered with the Department, to the persons to whom
licenses were issued or renewed during the preceding licensure period.
The licensee shall:
1. complete the renewal form;
2. submit proof of continuing education credit as detailed in Subchapter 7 of
these regulations;
3. pay the online renewal fee; and
4. file the above with the Department prior to the licensure expiration date.
5. Renewal applications submitted online between July 1 to September 30
will require a late renewal penalty of $50.00.
6. Renewal applications submitted on or after October are required to pay a
renewal fee of $100.00, late renewal penalty of $50.00, and a
reinstatement fee of $60.00.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.6.3 Failure to Renew: A licensee who does not file, with the Department,
renewal requirements prior to licensure expiration will be deemed to have
allowed his license to lapse. Failure to submit all renewal requirements
postmarked on or before September 30 shall result in the necessity of the
payment of a “renewal”, the “late renewal penalty”, and the “license issued
after the expiration date” fee. Said license may be reinstated by the
Department, in its discretion, by the payment of the "renewal,” the "late
renewal penalty", and the "license issued after expiration date" fees, and
the required continuing education hours provided said application for
reinstatement is made within two (2) years after its last expiration date. A
license may not be reinstated after having lapsed for two (2) consecutive
years. A new application must be made and the licensure regulations in
effect at the time of application must be met.
SOURCE: Miss. Code Ann. §73-38-13
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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Subchapter 7: Continuing Education
Rule 10.7.1 Definition and philosophy: Each individual licensed as a speech-
language pathologist or audiologist is responsible for optimum service to
the consumer and is accountable to the consumer, the employer, and the
profession for evidence of maintaining high levels of skill and knowledge.
1. Continuing education is defined as education beyond the basic
preparation required for entry into the profession, directly related to the
performance and practice of speech-language pathology or audiology.
Relevancy of continuing education hours will be determined by the
department with the advice of the council.
2. Pursuant to §73-38-33 of the Mississippi Code 1972 Annotated, continuing
education is mandatory.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.7.2 Requirements:
1. Regulations set the requirement of 20 contact hours (CH) or 2 Continuing
Education Units (CEU) to be accrued during the licensing term. No
carryover of continuing education hours from one licensure period to
another shall be allowed. At least fifty (50) percent (10 Contact Hours or 1
CEU) of the continuing education requirement must be directly related to
the clinical practice of speech-language pathology or audiology.
2. Individuals applying for initial licensure within a licensing term must accrue
continuing education hours on a prorated scale. Written notification of
required hours will be sent to the applicant at the time of licensure.
3. Individuals holding a temporary license must meet the same CEU
requirements as regularly licensed practitioners.
4. Persons who fail to accrue the required continuing education hours shall
be issued a CE probationary license for the licensure term. Failure to
accrue the required hours during the CE probationary period will result in
the revocation of the license. Hours accrued are first credited for the
delinquent hours lacking from the previous licensure period, and then
applied to the current (CE probationary) licensing period. CE probationary
licenses will be issued for one licensure term only. No ensuing license
may be CE probationary as a result of not meeting continuing education
requirements.
5. NOTE: Reinstatement of a license revoked for failure to meet
continuing education requirements is subject to the discretion of the
Department. If said license is permitted to be reinstated, payment of
the "renewal,” the "late renewal payment penalty", and the "license
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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issued after expiration date" fees as stated in Subchapter 11 of these
regulations will be required before licensure may be reinstated.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.7.3 Content Criteria: The content must apply to the field of speech-language
pathology or audiology and performance and must be designed to meet
one of the following goals:
1. Update knowledge and skills required for competent performance beyond
entry level as described in current legislation and regulations.
2. Allow the licensee to enhance his knowledge and skills.
3. Provide opportunities for interdisciplinary learning.
4. Extend limits of professional capabilities and opportunities.
5. Facilitate personal contributions to the advancement of the profession.
SOURCE: Miss. Code Ann. §73-38-13
Rule 10.7.4 Sources of Continuing Education: Only courses/providers of CE
courses approved by one of the organizations listed in Rule 10.7.4(1) (a)
will be accepted as continuing education for licensure renewal purposes.
A course not approved by an organization listed in this section of the
regulations may be reviewed by the department prior to attendance at the
course. Contact the department for information. Continuing education
hours may be accrued from the following sources, when the content of the
programs relates to the profession of speech-language pathology or
audiology:
1. Attendance at educational programs:
a. attendance at educational programs where continuing education
credit is given and approved by the American Speech-Language
Hearing Association (ASHA), including other state association
educational programs;
b. attendance at educational programs where continuing education
credit is given and approved by the American Medical Association
(AMA) and its components;
c. attendance at educational programs where continuing education
credit is given and approved by accredited universities.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
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d. attendance at educational programs where continuing education
credit is given and approved by the Academy of Dispensing
Audiologists.
e. attendance at educational programs where continuing education
credit is given and approved by the American Academy of
Audiology.
f. attendance at educational programs where continuing education
credit is given and approved by the American Auditory Society.
g. attendance at educational programs where continuing education
credit is given and approved by licensure authorities for speech-
language pathology or audiology of other states or territories of the
United States or the District of Columbia.
h. attendance at other programs approved for continuing education
credit by ASHA, AMA, or their components.
2. Presentations, made before recognized groups of speech-language
pathologists or audiologists, medical practitioners, or other health related
professionals, rather than civic groups, and directly related to the
profession of speech-language pathology or audiology. To be considered
for continuing education credit, material outline and a synopsis must be
submitted to the Department thirty (30) days prior to the presentation date.
Notice of approval or disapproval will be sent following a review by the
Department. For approved presentations, the presenter may accrue one
(1) hour of continuing education credit for each hour of the actual
presentation, and one (1) hour of preparation time, for a total of (2) two
hours. Presenter credit is given one (1) time only, even though the
session may be presented multiple times. No more than 30% of total
required hours may be accrued through presentations.
3. Academic course work taken after successful completion of the master’s
degree licensure requirement and taken for credit from a regionally
accredited college or university. The courses must relate to the clinical
practice of speech-language pathology or audiology. One academic
semester hour shall be equivalent to fifteen (15) clock hours for continuing
education credit. Courses must be on the graduate level. A minimum
grade of "C" is needed for CE purposes
4. Online or Home Study Courses:
a. One hundred percent (100%) of the total required hours may be
accrued through online or home study courses.
b. Correspondence courses are not considered self-study.
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
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c. Courses must be approved by one of the organizations listed in
Rule 10.7.4(1)(a) of these regulations.
5. Teleconferences approved by a provider listed under Rule 10.7.4(1)(a) of
these regulations. Viewing of taped teleconferences is not acceptable
unless authorized by the provider in writing.
6. Publication in a professional, referenced journal. Licensee must be the
principal author. A maximum of 30% of the total CE requirement may be
accrued through publication.
7. Specific UNACCEPTABLE activities include:
a. All in-service programs not approved under Rule 10.7.4(1)(a) of
these regulations.
b. Orientation to specific work-site programs dealing with
organizational structures, processes, or procedures.
c. Meetings for purposes of policy decision.
d. Non-educational meetings at annual conferences, chapter, or
organizational meetings.
e. Entertainment or recreational meetings or activities.
f. Committee meetings, holding of office, serving as an organizational
delegate.
g. Visiting exhibits.
h. CPR education.
i. Self-directed studies other than those previously outlined.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.7.5 Reporting Procedures for Continuing Education: Continuing
education credit must be awarded by the approved program provider on a
form furnished by the program provider. Proof of program approval by an
organization listed in Rule 10.7.4(1) must be submitted with the certificate
if a recognized approval source is not evident on the CE certificate.
1. It is the responsibility of the licensee to ensure that the following criteria
are met with respect to continuing education credit: Attendance at
seminars, workshops, presentations, etc., approved by one of the
providers listed in Rule 10.7.4(1): Certificate of attendance or completion
Regulations Governing Licensure of Mississippi State Department of Health - Office of Health Protection
Speech-Language Pathologists and Audiologists Office of Licensure - Professional Licensure Bureau
Amended 10.13.21 Effective 11.XX.21
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must be submitted during the licensure renewal period (must include
source, number of continuing education hours and date of attendance).
2. Credit for presentations: Submit a copy of the Department's approval
letter.
3. Academic course work credits must meet the content criteria in Rule
10.7.3, and must be accompanied by a course description from the
college or university catalog and a copy of the transcript or final grade
report. A minimum course grade of "C" is required for CE credit.
4. Home Study Course: A certificate of completion must be submitted to
receive continuing education credit.
5. Teleconferences: A certificate of completion from the approved provider of
the teleconference.
6. Publication: A copy of the article and the name, volume, page number,
etc. of the journal in which the article was published.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 8: Revocation, Suspension and Denial of License
Rule 10.8.1 Standards of Conduct: Licensees subject to these regulations shall
conduct their activities, services, and practice in accordance with this
section. Licensees may be subject to the exercise of the disciplinary
sanctions enumerated in Rule 10.8.6 of these regulations if the Board
finds that a licensee is guilty of any of the following:
1. Negligence in the practice or performance of professional services or
activities.
2. Engaging in dishonorable, unethical, or unprofessional conduct of a
character likely to deceive, defraud, or harm the public in the course of
professional services or activities.
3. Perpetrating or cooperating in fraud or material deception in obtaining or
renewing a license or attempting the same.
4. Being convicted of any crime which has a substantial relationship to the
licensee's activities and services or an essential element of which is
misstatement, fraud, or dishonesty.
5. Being convicted of any crime which is a felony under the laws of this state
or the United States.
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6. Engaging in or permitting the performance of unacceptable services
personally or by others working under the licensee's supervision due to
the licensee's deliberate or negligent act or acts or failure to act,
regardless of whether actual damage or damages to the public is
established.
7. Continued practice although the licensee has become unfit to practice as
a speech language-pathologist or audiologist due to:
a. failure to keep abreast of current professional theory or practice; or
b. physical or mental disability; the entry of an order or judgment by a
court of competent jurisdiction that a licensee is in need of mental
treatment or is incompetent shall constitute mental disability; or
c. addiction or severe dependency upon alcohol or other drugs which
may endanger the public by impairing the licensee's ability to
practice.
8. Having disciplinary action taken against the licensee's license in another
state.
9. Making differential, detrimental treatment against any person because of
race, color, creed, sex, religion, or national origin.
10. Engaging in lewd conduct in connection with professional services or
activities.
11. Engaging in false or misleading advertising.
12. Contracting, assisting, or permitting unlicensed persons to perform
services for which a license is required under these regulations.
13. Violation of any probation requirements placed on a license by the Board.
14. Revealing confidential information except as may be required by law.
15. Failing to inform clients of the fact that the client no longer needs the
services or professional assistance of the licensee.
16. Charging excessive or unreasonable fees or engaging in unreasonable
collection practices.
17. For treating or attempting to treat ailments or other health conditions of
human beings other than by speech or audiology therapy as authorized by
these regulations.
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18. For applying or offering to apply speech or audiology, exclusive of initial
evaluation or screening and exclusive of education or consultation for the
prevention of physical and mental disability within the scope of speech or
audiology therapy, or for acting as a speech- language pathologist or
audiologist, or speech-language pathologist or audiologist aide other than
under the direct, on-site supervision of a licensed speech-language
pathologist or audiologist.
19. Violations of the current codes for speech-language pathologists or
audiologists, and speech-language pathologist or audiologist assistants
adopted by the American Speech-Language-Hearing Association.
20. Violations of any rules or regulations promulgated pursuant to these
regulations.
21. Has engaged in any conduct considered by the Board to be detrimental to
the profession of speech-language pathology or audiology.
22. The Board may order a licensee to submit to a reasonable physical or
mental examination if the licensee's physical or mental capacity to practice
safely is at issue in a disciplinary proceeding. Failure to comply with a
board order to submit to a physical or mental examination shall render a
licensee subject to the summary suspension procedures described in Rule
10.8.0 of these regulations.
23. Being convicted of any crime which has a substantial relationship to the
licensees activities and services or an essential element of which is
misstatement, fraud, or dishonesty.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.2 Rules For Professional Conduct:
1. Preamble: The preservation of the highest standards of integrity and
ethical principles is vital to the successful discharge of the professional
responsibilities of all speech-language pathologists and audiologists.
These Rules of Professional Conduct have been promulgated by the State
Board of Health in an effort to stress the fundamental rules considered
essential to this basic purpose. Any action that is in violation of the spirit
and purpose of these Rules shall be considered unethical. Failure to
specify any particular responsibility or practice in these Rules should not
be construed as denial of the existence of other responsibility or practices.
The fundamental rules of ethical conduct are described in three
categories: Principles of Ethics, Ethical Proscriptions, and Matters of
Professional Propriety.
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2. Principles of Ethics: Five Principles serve as a basis for the ethical
evaluation of professional conduct and form the underlying moral basis for
these Rules. Individuals subscribing to these Rules shall observe these
principles as affirmative obligations under all conditions of professional
activity.
3. Ethical Proscriptions: Ethical Proscriptions are formal statements of
prohibitions that are derived from the Principles of Ethics.
4. Matters of Professional Propriety: Matters of Professional Propriety
represent guidelines of conduct designed to promote the public interest
and thereby better inform the public and particularly the persons in need of
speech-language pathology and audiology services as to the availability
and the rules regarding the delivery of those services.
5. Principles of Ethics I:
a. Individuals shall hold paramount the welfare of persons served
professionally.
b. Individuals shall use every resource available, including referral to
other specialists as needed, to provide the best service possible.
c. Individuals shall fully inform persons served of the nature and
possible effects of the services.
d. Individuals shall fully inform persons participating in research or
teaching activities of the nature and possible effects of these
activities.
e. Individuals fees shall be commensurate with services rendered.
f. Individuals shall provide appropriate access to records of persons
served professionally.
g. Individuals shall take all reasonable precautions to avoid injuring
persons in the delivery of professional services.
h. Individuals shall evaluate services rendered to determine
effectiveness.
6. Ethical Proscriptions:
a. Individuals must not exploit persons in the delivery of professional
services, including accepting persons for treatment when benefit
cannot reasonably be expected or continuing treatment
unnecessarily.
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b. Individuals must not guarantee the results of any therapeutic
procedures, directly or by implication. A reasonable statement of
prognosis may be made, but caution must be exercised not to
mislead persons served professionally to expect results that cannot
be predicted from sound evidence.
c. Individuals must not use persons for teaching or research in a
manner that constitutes invasion of privacy or fails to afford
informed free choice to participate.
d. Individuals must not evaluate or treat speech, language, or hearing
disorders except in a professional relationship. They must not
evaluate or treat solely by correspondence. This does not preclude
follow-up correspondence with persons previously seen, or
providing them with general information of an educational nature.
e. Individuals must not reveal to unauthorized persons any
professional or personal information obtained from the person
served professionally, unless required by law or unless necessary
to protect the welfare of the person or the community.
f. Individuals must not discriminate in the delivery of professional
services on any basis that is unjustifiable or irrelevant to the need
for and potential benefit from such services, such as race, sex, or
religion.
g. Individuals must not charge for services not rendered.
7. Principle of Ethics II:
a. Individuals shall maintain high standards of professional
competence.
b. Individuals engaging in clinical practice shall possess appropriate
qualifications as stated in Section 73-38-9.
c. Individuals shall continue their professional development
throughout their careers.
d. Individuals shall identify competent, dependable referral sources for
persons served professionally.
e. Individuals shall maintain adequate records of professional services
rendered.
8. Ethical Proscriptions:
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a. Individuals must provide neither services nor supervision of
services for which they have not been properly prepared, not permit
services to be provided by any of their staff who are not properly
prepared.
b. Individuals must not provide clinical services by prescription of
anyone who does not hold a license in speech-language pathology
or audiology.
c. Individuals must not delegate any service requiring the professional
competence of a licensed clinician to anyone unqualified.
d. Individuals must not offer clinical services by supportive personnel
for whom they do not provide appropriate supervision and assume
full responsibility.
e. Individuals must not require anyone under their supervision to
engage in any practice that is a violation of the Rules for
Professional Conduct.
9. Principle of Ethics III: Individuals' statements to persons served
professionally and to the public shall provide accurate information about
the nature and management of communicative disorders, and about the
profession and services rendered by its practitioners.
10. Ethical Proscriptions:
a. Individuals must not misrepresent their training or competence.
b. Individuals' public statements providing information about
professional services and products must not contain
representations or claims that are false, deceptive, or misleading.
c. Individuals must not use professional or commercial affiliations in
any way that would mislead or limit services to persons served
professionally.
11. Matters of Professional Propriety: Individuals should announce services in
a manner consonant with highest professional standards in the
community.
12. Principle of Ethics IV:
a. Individuals shall maintain objectivity in all matters concerning the
welfare of persons served professionally.
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b. Individuals who dispense products to persons served professionally
shall observe the following standards:
i. Products associated with professional practice must be
dispensed to the person served as a part of program of
comprehensive habilitative care.
ii. Fees established for professional services must be
independent of whether a product is dispensed.
iii. Persons served must be provided freedom of choice for the
source of services and products.
iv. Price information about professional services rendered and
products dispensed must be disclosed by providing to or
posting for persons served a complete schedule of fees and
charges in advance of rendering services, which schedule
differentiates between fees for professional services and
charges for products dispensed.
v. Products dispensed to the person served must be evaluated
to determine effectiveness.
13. Ethical Proscriptions: Individuals must not participate in activities that
constitute a conflict of professional interest.
14. Matters of Professional Propriety:
a. Individuals should not accept compensation for supervision or
sponsorship of a person holding a temporary license who is
completing the supervised professional employment requirement
for licensure as stated in Section 73-38-5. He may, however,
accept reasonable reimbursement for expenses incurred during this
supervision or a consultant fee from the employer of the temporary
licensee.
b. Individuals should present products they have developed to their
colleagues in a manner consonant with highest professional
standards.
15. Principle of Ethics V: Individuals shall honor their responsibilities to the
public, their profession, and their relationships with colleagues and
members of allied professions.
16. Matters of Professional Propriety:
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a. Individuals should seek to provide and expand services to persons
with speech, language, and hearing handicaps as well as to assist
in establishing high professional standards for such programs.
b. Individuals should educate the public about speech, language, and
hearing processes, speech, language, and hearing problems, and
matters related to professional competence.
c. Individuals should strive to increase knowledge within the
profession and share research with colleagues.
d. Individuals should establish harmonious relations with colleagues
and members of other professions, and endeavor to inform
members of related professions of services provided by speech-
language pathologists and audiologists, as well as seek information
from them.
e. Individuals should assign credit to those who have contributed to a
publication in proportion to their contribution.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.3 Summary Suspension:
1. The Department may summarily suspend a license without a hearing,
simultaneously with the filing of a formal complaint and notice of hearing, if
the Department determines that:
a. the health, safety, or welfare of the general public is in immediate
danger; or
b. the licensee's physical capacity to practice his/her profession is in
issue; or
c. the licensee's mental capacity to practice his/her profession is in
issue.
2. If the Board summarily suspends a license, a hearing must begin within
twenty (20) days after such suspension begins, unless continued at the
request of the licensee.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.4 Complaints: All complaints concerning a licensee, his business, or
professional practice, shall be reviewed by the Department. Each
complaint received shall be logged, recording at a minimum the following
information:
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1. licensee's name
2. name of the complaining party, if known;
3. date of complaint;
4. brief statement of complaint; and
5. disposition.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.5 Investigation: All complaints will be investigated and evaluated by
Department.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.6 Notice of Charges and Hearing:
1. Following the investigative process, the Department may file formal
charges against the licensee. Such formal complaint shall, at a minimum,
inform the licensee of the facts which are the basis of the charge and
which are specific enough to enable the licensee to defend against the
charges.
2. Each licensee, whose conduct is the subject of a formal charge which
seeks to impose disciplinary action against the licensee, shall be served
notice of the formal charge at least twenty (20) days before the date of
hearing. A hearing shall be presided over by the Board or the Board's
designee. Service shall be considered to have been given if the notice
was personally received by the licensee, or the notice was mailed
certified, return receipt requested, to the licensee at the licensee's last
known address as listed with the Department. The notice of the formal
hearing shall consist at a minimum of the following information:
a. the time, place, and date of hearing;
b. that the licensee shall appear personally at the hearing and may be
represented by counsel;
c. that the licensee shall have the right to produce witnesses and
evidence in the licensee's behalf and shall have the right to cross-
examine adverse witnesses and evidence;
d. that the hearing could result in disciplinary action being taken
against the licensee's license;
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e. that rules for the conduct of these hearings exist and it may be in
the licensee's best interest to obtain a copy; and
f. that the Board, or its designee, shall preside at the hearing and
following the conclusion of the hearing shall make findings of facts,
conclusions of law and recommendations, separately stated, to the
Board as to what disciplinary action, if any, should be imposed on
the licensee.
3. The Board may order a licensee to submit to a reasonable physical or
mental examination if the licensee's physical or mental capacity to practice
safely is at issue in a disciplinary proceeding. Failure to comply with a
board order to submit to a physical or mental examination shall render a
licensee subject to the summary suspension procedures described in Rule
10.8.2 of these regulations.
4. The Board or its designee shall hear evidence produced in support of the
formal charges and contrary evidence produced by the licensee. At the
conclusion of the hearing, the Board shall issue an order, within sixty (60)
days.
5. Disposition of any complaints may be made by consent order or stipulation
between the Board and the licensee.
6. All proceedings pursuant to this section are matters of public record and
shall be preserved pursuant to state law.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.7 Sanctions: The Board may impose any of the following sanctions, singly
or in combination, when it finds that a licensee or applicant for license is
guilty of any violations of the practice act or any lawful order, rule or
regulation rendered or adopted by the Board:
1. Revoke the license.
2. Suspend the license, for any period of time.
3. Censure the licensee.
4. Place a licensee on probationary status and require the licensee to submit
to any of the following:
a. report regularly to the Department, or its designee, upon matters
which are the basis of probation;
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b. continue to renew professional education until a satisfactory degree
of skill has been attained in those areas which are the basis of
probation; or
c. such other reasonable requirements or restrictions as are proper.
5. Refuse to renew a license.
6. Revoke probation which has been granted and impose any other
disciplinary action in this subsection when the requirements of probation
have not been fulfilled or have been violated.
7. The Board may reinstate any licensee to good standing under this chapter
if, after hearing, the board is satisfied that the applicant's renewed practice
is in the public interest.
8. The Board may seek the counsel of the Council regarding disciplinary
actions.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.8.8 Criteria For Rehabilitation; Upon the suspension or revocation of a
license on the grounds that the licensee has been convicted of a crime,
the Board, in evaluating the rehabilitation of such person and his eligibility
for licensure, will consider the following:
1. The nature and severity of the act(s) which resulted in the suspension or
revocation of his license.
2. The extent of time elapsed since the commission of the act(s) which
resulted in the suspension or revocation.
3. Whether he has committed any act(s) which if done by a licensee would
be grounds for suspension or revocation of a license since the date of
suspension or revocation.
4. Whether he has done any act(s) involving dishonesty, fraud, or deceit with
the intent to substantially benefit himself or another, or substantially injure
another since the date of the suspension or revocation.
5. Whether he has complied with any or all conditions or probation or
restitution, or any other civil or criminal sanction imposed against him as a
result of the act(s) including such administrative penalties and conditions
or probation as have been imposed on him by the Board; and
6. Such other evidence of rehabilitation as the person may submit.
SOURCE: Miss. Code Ann. §73-38-13.
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Rule 10.8.9 Appeals: Any person aggrieved by a decision of the Board shall have a
right of appeal in the manner provided for in the Act and the Laws of the
State of Mississippi.
SOURCE: Miss. Code Ann. §73-38-13
Subchapter 9: Exceptions and Exemptions
Rule 10.9.1 Persons and Practices Exempt: Nothing in this chapter shall be
construed as preventing or restricting:
1. A physician from engaging in the practice of medicine in this state, or a
person using an audiometer to test hearing under the direct supervision of
a licensed physician, provided such person does not present himself to
the public by any title or description of services incorporating the words
"audiologist," "hearing clinician," "hearing therapist," or any similar title or
description of services;
2. Any person licensed as a hearing aid dispenser from measuring and
testing hearing in relation to the fitting, usage and dispensing of hearing
aids, rendering post fitting services to his clients, or using any title
provided in Sections 73-14-1 through 73-14-47;
3. Any person licensed in this state by any other law from engaging in the
profession or occupation for which he is licensed;
4. A person from being employed or working in a volunteer capacity without
a license, as provided in this chapter, as a speech-language pathologist or
audiologist by the government of the United States or by the governing
authority of any school district or private or parochial school in this state, if
such person performs speech-language pathology or audiology services
solely within the confines or under the jurisdiction of the organization by
which he is employed, or working in a volunteer capacity; however, such
person may, without obtaining a license under this chapter, consult with or
disseminate his research findings and other scientific information to
speech-language pathologists and audiologists outside the jurisdiction of
the organization by which he is employed; such person may also offer
lectures to the public for a fee, monetary or other, without being licensed
under this chapter; such person may additionally elect to be subject to this
chapter.
5. The activities and services of persons pursuing a course of study leading
to a degree in speech-language pathology at a college or university if such
activities and services constitute a part of the supervised course of study
and that such person is designated speech-language pathology intern,
speech-language pathology trainee, or by other such titles clearly
indicating the training status appropriate to his level of training;
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6. The activities and services of a person pursuing a course of study leading
to a degree in audiology at a college or university if such activities and
services constitute a part of a supervised course of study and such person
is designated audiology intern, audiology trainee, or by any other such
titles clearly indicating the training status appropriate to his level of
training; or
7. The performance of speech-language pathology or audiology services in
this state by any person not a resident of this state who is not licensed
under this chapter if such services are performed for no more than five (5)
days in any calendar year and in cooperation with a speech-language
pathologist or audiologist licensed under this chapter, and if such person
meets the qualifications and requirements for application for licensure
described in subsections (a) through (c) of Section 73-38-9; however, a
person not a resident of this state who is not licensed under this chapter,
but who is licensed under the law of another state which has established
licensure requirements at least equivalent to those established by Section
73-38-9, or who is the holder of the ASHA Certificate of Clinical
Competence in Speech-Language Pathology or Audiology or its
equivalent, may offer speech-language pathology or audiology services in
this state for no more than thirty (30) days in any calendar year if such
services are performed in cooperation with a speech-language pathologist
or audiologist licensed under this chapter; or
8. Any person employed by a private industry or firm for the purpose of
conducting hearing tests incident to the operations of such firm or industry
relative to its employees and employment practices.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.9.2 Good Samaritan Act: [LEFT BLANK ON PURPOSE]
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 10: Regulations Governing Registration of Speech-Language
Pathology Aides/Audiology Aides
Rule 10.10.1 Purpose: The purpose of these regulations is to set minimum
qualifications for the registration of speech-language pathology and
audiology aides by the State Board of Health; to provide qualifications for
registration; to provide the method of supervision of aides by speech-
language pathologists or audiologists; to provide for the denial,
suspension and revocation of such registration; to provide for the denial,
suspension and revocation of licenses of speech-language pathologists
and audiologists employing or supervising speech-language pathology or
audiology aides; and for related purposes.
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SOURCE: Miss. Code Ann. §73-38-13
Rule 10.10.2 Legal Authority: The Legislation Governing Speech-Language
Pathologists/Audiologists, Section 73-38-1, et seq., of the Mississippi
Code of 1972, provides the legal authority under which the State Board of
Health, established and empowered by Section 41-3-1, et seq.,
Mississippi Code of 1972, and the State Department of Health,
established by section 41-3-15, Mississippi Code of 1972, are authorized
to establish regulations necessary to carry out the mandates of the
Legislation Governing Speech-Language Pathologists/Audiologists.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.10.3 Definitions:
1. Board means the Mississippi State Board of Health.
2. Department means the Mississippi State Department of Health.
3. Council means the Mississippi Council of Advisors in Speech-Language
Pathology and Audiology as established in Section 73-38-11.
4. Person means any individual, organization, or corporate body. However,
only an individual may be registered under the Legislation Governing
Speech-Language Pathologists/Audiologists.
5. Speech-language pathologist means an individual who practices
speech-language pathology and who presents oneself to the public by any
title or description of services incorporating the words "speech-language
pathologist," "speech pathologist," "speech therapist," "speech
correctionist," "speech clinician," "language pathologist," "language
therapist," "logopedist," "communicologist," "voice therapist," "voice
pathologist," or any similar title or description of services.
6. Speech-language pathology means the application of principles,
methods and procedures for the measurement, testing, evaluation,
prediction, counseling, instruction, habilitation or rehabilitation related to
the development and disorders of speech, voice, language, swallowing or
feeding, or for the purpose of evaluating, preventing, ameliorating or
modifying such disorders and conditions in individuals and/or groups of
individuals.
7. Audiologist means an individual who practices audiology and who
presents oneself to the public by any title or description of services
incorporating the words "audiologist," "hearing clinician," "hearing
therapist," or any similar title or description of service.
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8. Audiology means the application of principles, methods and procedures
of measurement, testing, evaluation, prediction, consultation, counseling,
instruction, habilitation or rehabilitation related to disorders of hearing and
balance for the purpose of evaluating, identifying, preventing, ameliorating
or modifying such disorders and conditions in individuals and/or groups of
individuals; and for the purpose of this subsection the words "habilitation"
and "rehabilitation" include, but are not limited to, hearing aid dispensing
and evaluation, auditory training, and speech reading.
9. Speech-language pathology aide means an individual who meets
minimum qualifications set in these regulations, and who works under the
supervision of a licensed speech-language pathologist.
10. Audiology aide means an individual who meets minimum qualifications
set in these regulations, and who works under the supervision of a
licensed audiologist.
11. Licensed means licensed by the Mississippi State Department of Health
to practice speech-language pathology or audiology.
12. Registrant means an individual registered as a speech-language
pathology or audiology aide.
13. Supervising Licensee means the licensed speech-language pathologist
or licensed audiologist authorized to supervise a registered aide as stated
on the aide registration form filed with the Department.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.10.4 Powers and Duties of the Department:
1. To aid the state's attorneys of the various counties in the enforcement of
the provisions of the Legislation Governing Speech-Language
Pathologists/Audiologists and the prosecution of any violations thereof. In
addition to the criminal penalties provided by the Legislation Governing
Speech-Language Pathologists/Audiologists, the civil remedy of injunction
shall be available to restrain and enjoin violations of any provisions of that
law without proof of actual damages sustained by any person.
2. To determine the qualifications and eligibility of applicants for registration
as speech-language pathology and audiology aides in this state.
3. To issue, renew, deny, suspend, or revoke registration of speech-
language pathology and audiology aides in this state or otherwise
discipline registered speech-language pathology and audiology aides.
4. To deny, suspend, or revoke licensure of speech-language pathologists
and audiologists or otherwise discipline licensed speech-language
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pathologists and audiologists who employ or supervise speech-language
pathology or audiology aides, and who engage in unethical or
questionable practices, or who fail to provide appropriate supervision of
aides or who have encouraged or participated in any intentional act or
omission that caused or assisted their aides to violate these regulations
and/or any law, including but not limited to, Section 73-14-1, et seq. of the
Mississippi Code of 1972 as amended which is generally known as the
"Hearing Aid Dealers Licensing Act".
5. To investigate alleged or suspected violations of the provisions of the
Legislation Governing Speech-Language Pathologists/Audiologists or
other laws of this state pertaining to speech-language pathology and
audiology aides and these regulations.
6. To maintain a register listing the name of every speech-language
pathology and audiology aides registered in this state, his/her last known
place of business and last known place of residence, and the date and
number of his/her registration. Such a list shall be available to any person
upon application to the department and payment of such charges as may
be fixed by it.
7. To be responsible for all disputed matters involving whether an applicant
shall be registered.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.10.5 Registration:
1. Application for Registration: An application for registration for a
speech-language pathology or audiology aide shall be submitted by the
supervising licensee to the State Department of Health.
2. Abandonment of Application: If the application process for registration
is not completed within six (6) months, the application shall be considered
abandoned, and a new application must be submitted before registration
may be granted.
3. Education Requirements: The educational requirements for registration
as a speech-language pathology or audiology aide shall be a minimum of
a high school diploma or the equivalent.
4. General Requirements: The licensed speech-language pathologist or
audiologist who registers aides must determine that the applicant:
a. Is at least 18 years of age;
b. Is of good moral character;
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c. Has met the minimum educational requirements;
d. Has adequate communication skills and the ability to relate to the
clinical population;
e. Has paid an application fee;
f. Works under the supervision of a licensed speech-language
pathologist or audiologist according to a supervision plan approved
by the department; and
g. Shall be registered by the department. No examination shall be
required for registration.
5. Supervision Requirements: A licensed speech-language pathologist or
audiologist may not supervise more than three (3) aides.
a. The licensee who supervises aides is responsible for the services
provided to the client by said aides. The supervising licensee is
also responsible for:
b. The institution of a training program for each aide under his
supervision encompassing all the procedures to be performed by
the aide. Documentation of such training in form and substance
acceptable to the Department shall be retained in the aide's
personnel file.
c. Documentation in form and substance acceptable to the
Department of competency in each task performed shall be
retained in the aide's personnel file. The competency in this task
shall be observed and verified by the licensee.
d. Ensuring that the extent, kind, and quality of functions performed by
each aide under supervision are consistent with the training and
experience of the aide.
e. The supervising licensee shall directly observe the first five (5)
hours while the aide works with clients. Thereafter, the supervising
licensee shall directly observe the aide during twenty percent (20%)
of the time that the aide works with clients per week, to be
documented weekly in the aide's personnel file. At all other times
that the aide is working, the licensee must be accessible and
available to the aide.
f. Ensuring that each aide under his supervision complies with the
provisions of the Regulations Governing Licensure of Speech-
Language Pathologists and Audiologists.
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SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.10.6 Renewal of Registration:
1. Report: Prior to the expiration date of an aide's registration, every
licensed speech-language pathologist or audiologist who is supervising or
who has supervised any aide during the registration period shall submit to
the State Department of Health, on a form provided by the Department: (1)
a report for the previous registration period showing the nature and extent
of the functions performed by each aide supervised; and (2) the renewal
fee for aide registration.
2. Notice of Termination: Within seven (7) days after the termination of the
supervision of a speech-language pathology or audiology aide, the
supervising licensee shall notify the State Department of Health, in writing,
of such termination and the date of termination and return the certificate of
registration to the department. Failure of a supervising licensee to comply
with the provisions of this section may result in disciplinary action pursuant
to these regulations.
3. Fees: The supervising licensee shall be responsible for ensuring that the
aide's renewal application and the prescribed fee have been submitted to
the Department for each aide supervised.
a. The following fees are payable to the State Department of Health:
i. Initial registration - $50.00
ii. Renewal of registration - $50.00
SOURCE: Miss. Code Ann. §73-38-1.
Rule 10.10.7 Roles and Responsibilities of Licensees and Registrants: Within the
provision of speech-language pathology or audiology service there are two
recognized levels of personnel: the professional speech-language
pathologist or audiologist who is licensed to practice speech-language
pathology and audiology; and the speech-language pathology or
audiology aide who is registered, but is usually an on-job-trained individual
who provides support activities for the speech-language pathologist or
audiologist. The speech-language pathologist or audiologist shall assume
primary responsibility for speech-language pathology and audiology care
rendered by the licensee and his/her aide.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.10.8 Duties of the Speech-Language Pathology or Audiology Aide:
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1. Aides shall be clearly identified as aides by means of a nametag or other
appropriate identification at all times. The supervising licensee shall
obtain the written consent of the consumer prior to client services being
performed by an aide as part of a treatment plan. The consent form shall
also be signed by the aide and the licensee and retained together in one
(1) clearly marked file in the principal business office of the licensee and
available for review and inspection by the Department. All documents
signed by an aide must clearly identify the individual as an aide. Training
in professional behavior must be completed. For example, the
confidentiality of patient information should be discussed.
2. Duties of the speech-language pathology aide may include the following
(other activities are considered the practice of the licensed speech-
language pathologist):
a. Routine paperwork (case history, permission to test, insurance,
scheduling, billing, etc.).
b. Administer self-questionnaires to clients (paper and pencil or
computerized).
c. Demonstrate any computerized testing/therapy materials the
clinician utilizes.
d. Set up office room for therapy or testing (this includes any
equipment assembly as for a nasometer, visipitch, or IBM speech
viewer.
e. Biologically calibrate equipment.
f. Display knowledge of universal body precautions and use of
personal protective barriers.
g. Except for the purposes of dispensing hearing aids, do mass
auditory screening (such as those done in a public school with an
audiometer).
h. Record keeping during therapy procedures.
i. Disinfect materials or items used in testing or therapy (equipment,
furniture, etc.) after every client/patient visit.
j. Assist client in use of augmentative communication devices.
k. Demonstrate communication boards. This includes client
interaction.
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l. Some speech-language activities such as repetitive drills are
routinely assigned to a parent, caretaker, or significant other for
stabilization/generalization purposes. This is done after the
speech-language pathologist has introduced and taught the client
the target sound or language concept. These types of drill activities
are allowed.
m. Demonstrate an electrolarynx. The aide is restricted to self
demonstration.
n. Participate in behavior modification programming.
o. Speech-language pathology aides may not be responsible for or
perform diagnostic or evaluative procedures nor those activities
listed as "Speech-language pathology" in Section 73-38-3 of the
Mississippi Code of 1972 Annotated.
3. Duties of the audiology aide may include the following (other activities are
considered the practice of the licensed audiologist):
a. Routine paper work (case history, permission to test, insurance,
scheduling, billing, etc.).
b. Demonstrate assistive listening devices.
c. Perform minor troubleshooting on hearing aids/assistive listening
devices.
d. Except for the purpose of dispensing hearing aids, make ear
molds/impressions after ears are "visually inspected" by the
physician or the licensed audiologist.
e. Administer self-questionnaires to clients (paper and pencil or
computerized).
f. Demonstrate any computerized testing/therapy materials that the
clinician utilizes.
g. Set up office room or prepare client/patient for therapy or testing
(this includes any equipment assembly as for an otoscope), or
patient preparation work for electrophysiological measures.
h. Biologically calibrate equipment.
i. Display knowledge of universal body precautions and use of
personal protective barriers.
j. Record keeping during audiometric or therapy procedures.
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k. Provide assistance to the audiologist who shall perform the
pediatric auditory testing or sound field testing.
l. Disinfect materials or items used in testing or therapy (equipment,
furniture, specula, etc.) after every client/patient visit.
m. Take sound intensity readings as with a sound level meter.
n. Audiology aides shall not be responsible for or perform a)
diagnostic or evaluative procedures and/or b) any activities listed as
"Audiology" in Section 73-38-3 of the Mississippi Code 1972
Annotated and/or c) any procedures that deal with the fitting of
hearing aids.
SOURCE: Miss. Code Ann. §73-38-13
Rule 10.10.9 Revocation, Suspension, and Denial of Registration:
1. Standards of Conduct: Aides may, at the discretion of the Board, have
their registration suspended, revoked, or denied at the time of renewal if
the Board determines that the Aide:
a. Was convicted of an offense involving moral turpitude. The record
of such conviction, or certified copy thereof from the clerk of the
court where such conviction occurred or by the judge of that court,
shall be sufficient evidence to warrant revocation or suspension.
b. Is guilty of securing, or attempting to secure a registration or
certificate through fraud or deceit.
c. Is guilty of unethical conduct, or gross ignorance, or inefficiency in
the conduct of his practice.
d. Is guilty of knowingly practicing while suffering with a contagious or
infectious disease.
e. Has used a false name or alias in the practice of his profession.
f. Is unfit or incompetent by reason of negligence, habits, or other
causes of incompetence.
g. Is habitually intemperate in the use of alcoholic beverages.
h. Is addicted to, or has improperly obtained, possessed, used or
distributed, habit-forming drugs or narcotics.
i. Has practiced as an aide after his registration or permit has expired
or has been suspended.
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j. Has practiced as an aide under cover of any permit or registration
illegally or fraudulently obtained or issued.
k. Has violated or aided or abetted others in violation of any provision
of the Act or regulations promulgated thereto.
l. Has engaged in any conduct considered by the Board to be
detrimental to the profession of speech-language pathology or
audiology.
m. Has violated the provisions of any applicable federal laws or
regulations.
n. Has been disciplined by another jurisdiction if at least one (1) of the
grounds for the discipline is the same or substantially equivalent to
those set forth in the Act or rules and regulations promulgated
pursuant to the Act.
o. Being convicted of any crime which has a substantial relationship to
the licensees activities and services or an essential element of
which is misstatement, fraud, or dishonesty.
2. Summary Suspensions
a. The Department may summarily suspend a registration without a
hearing, simultaneously with the filing of a formal complaint and
notice of hearing, if the Department determines that:
i. The health, safety, or welfare of the general public is in
immediate danger; or
ii. The aide's physical capacity to practice his profession is in
issue; or
iii. The aide's mental capacity to practice his profession is in
issue.
b. If the Department summarily suspends a registration, a hearing
must begin within twenty (20) days after such suspension begins,
unless continued at the request of the Aide.
3. Complaints: All complaints concerning an Aide, his business, or
professional practice, shall be reviewed by the Department. Each
complaint received shall be logged, recording at a minimum the following
information:
a. Aide's and supervisor's name;
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b. Name of the complaining party, if known;
c. Date of complaint;
d. Brief statement of complaint; and
e. Disposition.
4. Investigations: All complaints will be investigated and evaluated by the
Department, or its designee(s).
5. Notice of Charges and Hearing
a. Following the investigative process, the Department may file formal
charges against the aide and/or the supervising licensee. Such
formal complaint shall, at a minimum, inform the accused of the
facts which are the basis of the charge and which are specific
enough to enable the accused to defend against the charges.
b. Each aide and/or supervising licensee, whose conduct is the
subject of a formal charge which seeks to impose disciplinary
action against the accused, shall be served notice of the formal
charge at least twenty (20) days before the date of hearing. A
hearing shall be presided over by the Board or the Board's
designee. Service shall be considered to have been given if the
notice was personally received by the accused, or the notice was
mailed certified, return receipt requested, to the accused at the last
known address as listed with the Department. The notice of the
formal hearing shall consist at a minimum of the following
information:
i. The time, place, and date of hearing;
ii. That the accused shall appear personally at the hearing and
may be represented by counsel;
iii. That the accused shall have the right to produce witnesses
and evidence in his behalf and shall have the right to cross-
examine adverse witnesses and evidence;
iv. That the hearing could result in disciplinary action being
taken against the aide's registration and/or the licensee's
license;
v. That rules for the conduct of these hearings exist and it may
be in the accused's best interest to obtain a copy; and
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vi. That the Board, or its designee, shall preside at the hearing
and following the conclusion of the hearing shall make
findings of facts, conclusions of law and recommendations,
separately stated, to the Board as to what disciplinary action,
if any, should be imposed on the aide and/or licensee.
c. The Department may order an aide to submit to a reasonable
physical or mental examination if the aide's physical or mental
capacity to practice safely is at issue in a disciplinary proceeding.
Failure to comply with a Department order to submit to a physical or
mental examination shall render an aide subject to the summary
suspension procedures described in these regulations.
d. The Board or its designee shall hear evidence produced in support
of the formal charges and contrary evidence produced by the
accused. At the conclusion of the hearing, the Board shall issue an
order, within sixty (60) days.
e. Disposition of any complaints may be made by consent order or
stipulation between the Board and the accused.
f. All proceedings pursuant to this section are matters of public record
and shall be preserved pursuant to state law.
6. Board Sanctions: The Board may impose any of the following sanctions,
singularly or in combination, when it finds that an aide is guilty of any of
the above offenses:
a. Revoke the registration;
b. Suspend the registration, for any period of time;
c. Censure the aide;
d. Place an aide on probationary status and require the Aide to submit
to any of the following:
i. report regularly to the Department, or its designee, upon
matters which are the basis of probation;
ii. continue to renew professional education until a satisfactory
degree of skill has been attained in those areas which are
the basis of probation; or
iii. such other reasonable requirements or restrictions as are
proper;
e. Refuse to renew a registration; or
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f. Revoke probation which has been granted and impose any other
disciplinary action in this subsection when the requirements of
probation have not been fulfilled or have been violated.
g. The Board may reinstate any aide to good standing under these
regulations if, after hearing, the Board is satisfied that the aide's
renewed practice is in the public interest.
h. The Board may seek the advice of the Council regarding
disciplinary actions.
7. Appeal: Any person aggrieved by a decision of the Board shall have a
right of appeal in the manner provided for in the Act and the Laws of the
State of Mississippi.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 11: Fees:
Rule 10.11.1 Method of Payment: In accordance with the Act, the following non-
refundable fees, where applicable, are payable to the Department of
Health.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.11.2 Schedule of Fees:
1. Initial Application ............................................................................ $100.00
2. Initial License ................................................................................. $100.00
3. Licensure Renewal ........................................................................ $100.00
4. Late Renewal Penalty ..................................................................... $ 50.00
5. License Issued After Expiration Date .............................................. $ 60.00
6. Initial Temporary License ................................................................ $ 75.00
7. Verification of Licensure Fee .......................................................... $ 25.00
8. Examination Fee: Contact the Educational Testing Service, National
Teachers Examination, in Princeton, NJ, for information regarding the
examination and fee.
SOURCE: Miss. Code Ann. §73-38-13.
Subchapter 12: Administrative Grievance Procedure
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Rule 10.12.1 Administrative Appeals:
1. Any person aggrieved by a decision regarding the initial application for
licensure or the renewal of licensure shall have the right of a second
review by the Director of Professional Licensure and the Council or a
designated member of the Council.
2. Any person aggrieved by a decision rendered after the second review
shall have the right of administrative appeal and a public hearing to be
conducted in accordance with the policies of the Department of Health.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.12.2 Notification: Written notice will be provided to all applicants regarding
denial of an original license or a renewal license. Such notice shall
contain the reason thereof.
SOURCE: Miss. Code Ann. §73-38-13.
Rule 10.12.3 Hearing: If requested in writing within the specified time frame a hearing
will be provided in which the applicant may show cause why the license
should be granted or renewed. Within sixty (60) days of the hearing, or
other such time frame as determined during the hearing, written findings of
fact, together with a recommendation for action on the license in question,
shall be forwarded to the State Health Officer. The State Health Officer
shall decide what action will be taken on the recommendation within five
days of its receipt. Written notice shall be provided to the applicant.
SOURCE: Miss. Code Ann. §73-38-13
Subchapter 13: Suspension for Failure to Pay Child Support
Rule 10.13.1 In addition, the Department is authorized to suspend the license of any
licensee for being out of compliance with an order for support, as defined
in Section 93-11-153. The procedure for suspension of a license for being
out of compliance with an order for support, and the procedure for
reissuance or reinstatement of a license suspended for that purpose, and
the payment of any fees for the reissuance or reinstatement of a license
suspended for that purpose, shall be governed by Section 93-11-157 or
93-11-163, as the case may be. If there is any conflict between any
provision of Section 93-11-157 or 93-11-163 and any provision of this
chapter, the provisions of Section 93-11-157 or 93-11-163, as the case
may be, shall control.
SOURCE: Miss. Code Ann. §73-38-13.