30 Miss. Code. R. 3101-2.3 - Responsibilities

The Board shall have the following powers and duties:

1. To examine and determine the qualifications and fitness of application for licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state, provide for and approve all examinations of applicants for licensure;

2. To issue, renew, deny, suspend, or revoke licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state or otherwise discipline licensed physical therapists and physical therapist assistants;

3. To investigate alleged or suspected violations of the provisions of the act or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the Board;

4. To establish reasonable fees for application for examination, certificates of licensure and renewal and other services provided by the Board;

5. To adopt, amend or repeal any rules or regulations necessary to carry out the purposes of the act and the duties and responsibilities of the Board, in accordance with section 25-43-1 et seq. Such rules, when lawfully adopted, shall have the effect of law;

6. To hire appropriate support personnel to carry out the provisions of the Act;

7. Keep a record of all proceedings of the Board, and make said records available to the public; and

8. To promulgate and implement rules and procedures to carry out the purpose of the Act.

9. To maintain a register listing the name of every physical therapist and physical therapist assistant licensed to practice in this state, his/her last known place of business and last known place of residence, and the date and number of his/her license. At least once a year, compile a list of physical therapists and physical therapist assistants licensed to practice in Mississippi and make the list available to any person upon application to the Board and the payment of such charges as may be fixed upon it.

10. Subject to any confidentiality provisions established by law, make all written final orders available for public inspection and copying and index them by name and subject.

11. Subject to any confidentiality provisions established by law, when and if declaratory opinions are required by state law, make all declaratory opinions available for public inspection and copying and index them by name and subject, unless information contained within such opinions is confidential by statute or exempt from public disclosure pursuant to another provision of law.

12. To adopt the American Physical Therapy Association Code of Ethics: Standards of Ethical Conduct and the accompanying Guide for Professional Conduct for physical therapists and physical therapist assistants licensed under this chapter. To further adopt the American Physical Therapy Association Standards of Practice for Physical Therapy and the accompanying Criteria.

13. To regulate the practice of physical therapy by interpreting and enforcing this chapter;

14. To provide for the examination of physical therapists and physical therapist assistants;

15. To establish mechanisms for assessing the continuing professional competence of physical therapists and physical therapist assistants;

16. To set criteria for continuing education;

17. To establish and collect fees for sustaining the necessary operation and expenses of the Board;

18. To publish, at least annually, final disciplinary action against a licensee;

19. To report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the Board or as required by law;

20. To share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the Board with other state or federal and with national disciplinary database recognized by the Board or as required by law provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;

21. To participate in or conduct performance audits;

22. To, through its employees and/or representatives, enter and make inspections of any place where physical therapy is practiced and inspect and/or copy any record pertaining to clients or the practice of physical therapy under this chapter;

23. To issue subpoenas for the attendance and testimony of witnesses and the production of papers, records or other documentary evidence. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. If any subpoenaed person fails or refuses to attend any proceeding before the Board, refuses to testify, refuses to produce any books and papers the production of which is called for by a subpoena, or otherwise fails to comply with any subpoena issued pursuant to this subsection, the attendance of such witness, the giving of his or her testimony, the production of the books and papers or other compliance with the subpoena shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civile cases in the courts of this state.

24. To conduct a criminal history record's check on licensees whose licensure is subject to investigation by the Board and on applicants for licensure. In order to determine the applicant's or licensee's suitability for licensing, the applicant or licensee shall be fingerprinted. The Board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining state and national criminal history records information on the applicant or licensee.

Notes

30 Miss. Code. R. 3101-2.3

Miss. Code Ann. §§ 73-23-41(2), 73-23-43 and 73-23-67 (Rev. 2008); Miss. Code Ann. §§24-43-2.103(5)(c) and 25-43-2.104 (Rev. 2023).

Amended 3/7/2025