1997 Regular Session
To: Public Health and Welfare
By: Representative Moody
House Bill 821
(As Sent to Governor)
AN ACT TO AMEND SECTION 73-38-3, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN DEFINITIONS RELATING TO SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSURE; TO AMEND SECTION 73-38-11, MISSISSIPPI CODE OF 1972, TO CLARIFY APPOINTMENTS TO THE SPEECH-LANGUAGE PATHOLOGY ADVISORY COUNCIL; TO AMEND SECTION 73-38-15, MISSISSIPPI CODE OF 1972, TO REMOVE THE PER DIEM ALLOWANCE FOR SPEECH-LANGUAGE PATHOLOGY ADVISORY COUNCIL MEMBERS; TO AMEND SECTION 73-38-25, MISSISSIPPI CODE OF 1972, TO CLARIFY PAYMENT OF FEES, CLARIFY SUPERVISION OF TEMPORARY LICENSEES, AND PROVIDE FOR A BIENNIAL LICENSURE PERIOD; TO AMEND SECTION 73-38-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A BIENNIAL LICENSURE PERIOD; TO AMEND SECTION 73-38-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AND DELETE THE LIMITATION ON CERTAIN SPEECH-LANGUAGE PATHOLOGY LICENSURE FEES; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 73-38-38, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A REPEALER ON THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSURE STATUTES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-38-3, Mississippi Code of 1972, is amended as follows:
73-38-3. The following definitions apply as used in this chapter, unless the context otherwise requires:
(a) "Board" means the Mississippi State Board of Health.
(b) "Council" means the Mississippi Council of Advisors in Speech-Language Pathology and Audiology as established in Section 73-38-11.
(c) "Person" means any individual, organization or corporate body, except that only an individual may be licensed under this chapter.
(d) "Speech-language pathologist" means an individual who practices speech-language pathology and who presents himself to the public by any title or description of services incorporating the words "speech pathologist," "speech-language 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.
(e) "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 or for the purpose of evaluating, preventing, ameliorating or modifying such disorders and conditions in individuals and/or groups of individuals.
(f) "Audiologist" means an individual who practices audiology and who presents 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 service.
(g) "Audiology" means the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation or rehabilitation related to hearing and disorders of hearing 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 evaluation, and auditory training, and speech reading.
(h) "Speech-language pathology aide" means an individual who meets minimum qualifications which the council may establish for speech-language pathology aides, which qualifications shall be less than those established by this chapter as necessary for licensure as a speech-language pathologist, and who works under the supervision of a licensed speech-language pathologist.
(i) "Audiology aide" means an individual who meets minimum qualifications which the council may establish for audiology aides, which qualifications shall be less than those established by this chapter as necessary for licensure as an audiologist, and who works under the supervision of a licensed audiologist.
(j) "ASHA" means the American Speech-Language-Hearing Association.
SECTION 2. Section 73-38-11, Mississippi Code of 1972, is amended as follows:
73-38-11. (1) There is established the Mississippi Council of Advisors in Speech-Language Pathology and Audiology under the jurisdiction of the Mississippi State Board of Health.
(2) The council shall be comprised of five (5) members. Two (2) council members shall be speech-language pathologists and two (2) council members shall be audiologists with the fifth council member being a licensed physician, board certified in otolaryngology. All council members who are speech-language pathologists or audiologists shall at all times be holders of active and valid licenses for the practice of speech-language pathology and audiology in this state * * * and shall be holders of the ASHA Certificate of Clinical Competence in Speech-Language Pathology or Audiology or its equivalent.
(3) * * * One (1) member shall be appointed from each Supreme Court district as presently constituted; and two (2) members shall be appointed from the state at large. No more than two (2) members of the council shall be appointed from any one (1) Supreme Court district as presently constituted. Appointments made shall be for three-year terms, with no person being eligible to serve more than two (2) full consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year. * * *
* * *
(4) Not less than sixty (60) days before the end of * * * each calendar year, the Mississippi Speech-Language-Hearing Association will submit the names of at least three (3) persons for each speech-language pathologist or audiologist vacancy and the Mississippi Eye, Ear, Nose and Throat Association will submit the names of at least three (3) persons for an otolaryngologist vacancy occurring at the end of the calendar year. The board shall make all appointments of council members from the list of names submitted by each association within sixty (60) days after receiving the lists. In the event of a vacancy, the board shall, within thirty (30) days after such vacancy, appoint a person from the previous list of names submitted who shall fill the unexpired term.
(5) The council shall meet during the first month of each calendar year to select a chairman and for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year. Further meetings may be convened at the call of the chairman or the written request of any two (2) council members. All meetings of the council shall be open to the public, except that the council may hold closed sessions to prepare, approve, grade or administer examinations, or upon request of an applicant who fails an examination, to prepare a response indicating any reason for his failure. The public shall be notified of meetings of the council through at least one (1) newspaper of general circulation in the state and public information channels not less than ten (10) calendar days before such meetings are held.
(6) Three (3) members of the council shall constitute a quorum for all purposes, but in no instance shall a meeting of four (4) council members be considered a quorum if there is not at least one (1) speech-language pathologist and one (1) audiologist present.
SECTION 3. Section 73-38-15, Mississippi Code of 1972, is amended as follows:
73-38-15. (1) The administration of the provisions of this chapter shall be financed from income accruing from fees, licenses and other charges assessed and collected by the board and from such other funds available to the board.
(2) The board shall receive and account for all funds received and shall keep such funds in a separate fund. Funds collected under the provisions of this chapter shall be used solely for the compensation and expenses of the council and the board and to administer the provisions of this chapter, which may include full or partial financing of continuing education programs promulgated by the council under Section 73-38-33. Such funds shall be subject to audit by the Auditor of the State of Mississippi.
(3) Members of the council shall receive no compensation for their services, but shall receive * * * travel and other expenses necessarily incurred in the discharge of official duties.
SECTION 4. Section 73-38-25, Mississippi Code of 1972, is amended as follows:
73-38-25. (1) The board shall issue a license to any person who meets the requirements of this chapter and who pays to the board the * * * fees prescribed in Section 73-38-31.
(2) (a) An applicant who fulfills all the requirements for licensure except professional employment and/or examination or persons granted a waiver under subsection (1) of Section 73-38-23 may apply to the board for a temporary license.
(b) Upon receiving an application provided under subsection (2)(a), the board shall issue a temporary license which entitles the applicant to practice speech-language pathology or audiology under the supervision of a licensee with licensure in the appropriate specialty while completing the requirements for licensure.
(c) No temporary license shall be issued by the board under this section unless the applicant shows to the satisfaction of the board that he is or will be supervised and trained by a person who holds a license * * * in the appropriate specialty or unless the applicant is granted a waiver under subsection (1) of Section 73-38-23.
(d) The temporary license shall be effective for one (1) licensure period and may be renewed upon board approval.
(3) (a) Each person licensed under this chapter who supervises a speech-language pathology or audiology aide shall register the same with the board.
(b) The licensee who supervises aides is responsible for the services provided to the client by said aides and may suffer suspension, revocation or other appropriate penalty for failure to exercise his responsibilities in the supervision of aides.
(c) Speech-language pathology and audiology aides shall pay to the board a registration fee as prescribed in Section 73-38-31, subsection (1).
SECTION 5. Section 73-38-29, Mississippi Code of 1972, is amended as follows:
73-38-29. (1) Licenses issued under this chapter shall expire and become invalid at midnight * * *.
(2) Every person licensed under this chapter shall, on or before the license expiration date, * * * pay a fee for the biennial renewal of license to the board. The board may suspend the license of any person who fails to have his license renewed by the expiration date. After the expiration date, the board may renew a license upon payment of a fee to the board. No person who requests renewal of license, whose license has expired, shall be required to submit to examination as a condition to renewal, if such renewal application is made within two (2) years from the date of such expiration.
(3) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
(4) A license revoked on disciplinary grounds is subject to expiration as provided in subsection (1) of this section, but it may not be renewed. If such license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the fee for a license issued after the expiration date which is in effect on the last preceding regular renewal date before the date on which it is reinstated. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(5) Any person who fails to renew his license within the two (2) years after the date of its expiration may not renew it, and it may not be restored, reissued or reinstated thereafter, but such person may apply for and obtain a new license if he meets the requirements of this chapter.
SECTION 6. Section 73-38-31, Mississippi Code of 1972, is amended as follows:
73-38-31. (1) The board shall assess fees * * * for the following purposes:
(a) Initial licensing * * *;
(b) Renewal of licensure * * *;
(c) License issued after expiration date * * *;
(d) Late renewal payment penalty * * *;
(e) Temporary license * * *;
(f) Renewal of temporary license * * *; and
(g) Registration of aides * * *.
(2) Every person to whom a license is issued pursuant to this chapter shall, as a condition precedent to its issuance, and in addition to any application, examination or other fee, pay the prescribed initial license fee.
(3) Fees prescribed in subsection (1) of this section shall be exclusive and no municipality shall have the right to require any person licensed under this chapter to furnish any bond, pass any examination, or pay any license fee or occupational tax.
(4) Fees listed in subsection (1) of this section shall be commensurate to the extent feasible with the cost of fulfilling the duties of the board and council as defined by this chapter; however, no individual fee shall exceed One Hundred Dollars ($100.00).
SECTION 7. The following shall be codified as Section 73-38-38, Mississippi Code of 1972:
73-38-38. Sections 73-38-1 through 73-38-36 shall stand repealed on July 1, 2002.
SECTION 8. This act shall take effect and be in force from and after July 1, 1997.