15 Miss. Code. R. 19-60-10.4.6 - Conditions of a Universal Occupational License

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).

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.

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.

Notes

15 Miss. Code. R. 19-60-10.4.6

Miss. Code Ann. § 73-38-13.

Amended 11/14/2021