Senate Bill 2924

AN ACT TO AMEND SECTION 73-14-7, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTMENT PROCESS FOR THE HEARING AID ADVISORY COUNCIL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-14-7, Mississippi Code of 1972, is amended as follows:

73-14-7. (1) The powers and duties of the Mississippi State Board of Health under this chapter are as follows:

(a) To authorize all disbursements necessary to carry out the provisions of this chapter.

(b) To supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a license.

(c) To license persons who apply to the board and who are qualified to practice the fitting, dispensing and selling of hearing aids.

(d) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for license.

(e) To issue and renew licenses.

(f) To suspend or revoke licenses pursuant to this chapter.

(g) To appoint representatives to conduct or supervise the examining of applicants for license.

(h) To designate the time and place for examining applicants for license.

(i) To make and publish rules and regulations not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter, in compliance with the provisions of Section 25-43-1 et seq., Mississippi Code of 1972, which is the Administrative Procedures Law.

(j) To require the periodic inspection and calibration of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who practice the fitting or selling of hearing aids.

(k) To establish minimum requirements of test procedures and test equipment to be used in the fitting of hearing aids pursuant to this chapter, also the retention of all fittings and records of fittings by the dealer.

(l) To make appointments to the Hearing Aid Advisory Council as required under this chapter.

(2) The Hearing Aid Advisory Council appointed pursuant to Section 73-14-7 is hereby continued and reconstituted as follows:

The council shall consist of seven (7) members, each of whom shall have practiced and resided for at least three (3) years in the state, four (4) of whom are licensed hearing aid specialists who do not currently hold any other professional license regulated by the State Board of Health, one (1) of whom is a licensed audiologist, one (1) of whom is a licensed physician, board certified in otolaryngology, and one (1) of whom is a person of the board's own choosing from the state at large, and said person shall be hearing impaired. The person of the board's choosing shall not be a member of nor have personal interest in any organization associated with hearing aid specialists. The term of appointment shall not exceed three (3) years, and no person shall serve more than two (2) full consecutive terms. No more than three (3) members shall be appointed to said council from any one (1) Supreme Court district. Nominations for appointments to the Hearing Aid Advisory Council may be received by the Mississippi State Board of Health from the Mississippi Hearing Aid Dealers Association for the positions represented by licensed hearing aid specialists, from the Mississippi Speech and Hearing Association for the positions represented by a licensed audiologist, and from the Mississippi Medical Association for the position represented by a licensed physician. Appointments to the council to fill a vacancy occurring for other than expiration of a term shall only be made for the remainder of the expired term. The council shall promulgate such rules and regulations by which it shall conduct its business. Members of the council shall receive no salary for services performed on the council but may be reimbursed for their reasonable and necessary actual expenses incurred in the performance of the same, from funds provided for such purpose. The council shall assist and advise the board in the development of regulations and standards governing the licensure of hearing aid dealers. Council members may be removed from office if found guilty of any violation of any provision of this chapter. A council member subject to formal disciplinary proceedings shall disqualify himself from any council business until the charge is resolved. A member must also disqualify himself from any council business on which he may not make an objective evaluation and/or decision.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.