Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 38 - SPEECH PATHOLOGISTS AND AUDIOLOGISTS (§§ 73-38-1 — 73-38-51) › Article 1 - GENERAL PROVISIONS (§§ 73-38-1 — 73-38-38) › Section 73-38-27 - Denial, suspension and revocation of licenses; refusal to issue privilege to practice

(1)
With regard to a refusal to issue a privilege to practice, such refusal by the board shall be in accordance with terms of the Audiology and Speech-Language Pathology Interstate Compact. The board may refuse to issue or renew a license, or may suspend or revoke a license where the licensee or applicant for a license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Such unprofessional conduct may result from:
(a)
Negligence in the practice or performance of professional services or activities;
(b)
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;
(c)
Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same;
(d)
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;
(e)
Being convicted of any crime which is a felony under the laws of this state or the United States;
(f)
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;
(g)
Continued practice although the licensee has become unfit to practice as a speech-language pathologist or audiologist due to:
(i)
failure to keep abreast of current professional theory or practice; or
(ii)
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
(iii)
addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice;
(h)
Having disciplinary action taken against the licensee's license in another state;
(i)
Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;
(j)
Engaging in lewd conduct in connection with professional services or activities;
(k)
Engaging in false or misleading advertising;
(l)
Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this article;
(m)
Violation of any probation requirements placed on a license by the board;
(n)
Revealing confidential information except as may be required by law;
(o)
Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;
(p)
Charging excessive or unreasonable fees or engaging in unreasonable collection practices;
(q)
For treating or attempting to treat ailments or other health conditions of human beings other than by speech or audiology therapy as authorized by this article;
(r)
For applying or offering to apply speech or audiology therapy, 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;
(s)
Violations of the current codes of conduct for speech-language pathologists or audiologists, and speech-language pathologist or audiologist assistants adopted by the American Speech-Language-Hearing Association;
(t)
Violations of any rules or regulations promulgated pursuant to this article.
(2)
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.
(3)
In addition to the reasons specified in subsection (1) of this section, the board shall be 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 the 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 article, the provisions of Section
93-11-157
or
93-11-163
, as the case may be, shall control.
Laws, 1975, ch. 495, § 14; Laws, 1980, ch. 546, § 14; Laws, 1988, ch. 411, § 14; Laws, 1996, ch. 507, § 71; reenacted and amended, Laws, 2002, ch. 461, § 14; brought forward without change, Laws, 2005, ch. 455, § 14, eff. 6/30/2005.
Amended by Laws, 2022, ch. 368, HB 424,§ 9, eff. 7/1/2022.