30 Miss. Code. R. 1902-2.6

Current through December 10, 2024

Rule 30-1902-2.6 - Status of License

A.Active or in Good Standing: The licensee has met all requirements for licensure, has renewed before the license expiration date and paid all fees and administrative costs on time, has maintained the necessary requirements for his/her license and there are no disciplinary actions against the licensee. Licensees on active status and in good standing may utilize the Board's online renewal system.

B.Probationary: The probationary status is issued to a licensee who is non-compliant with social work regulations, whether it be failure to acquire and verify continuing education or an appropriate end to a disciplinary procedure.

When probation is the result of a continuing education deficiency, Probationary Status will continue until the next regular renewal cycle.

No probationary license will be renewed unless all continuing education deficiencies are collected AND current renewal requirements are met. For example, if a probationer lacks 15 continuing education hours, the probationer would require 55 continuing education hours to renew at the next renewal cycle. No licensee may go through a second renewal cycle without bringing all educational requirements up to date.

C.Emergency- The Board provides for licensure for volunteer social workers entering the State that are licensed to practice in other states. Social workers actively licensed in other states who assist others that have been affected by a hurricane or other natural disasters can practice in Mississippi for a maximum of ninety (90) calendar days, without applying for a regular license. Volunteers who take paid positions in the practice of social work in the State of Mississippi must be licensed by the Board. Any applicant seeking emergency certification must submit an application to the Board using forms located on the Board website.

Emergency Provisional Permit for Social Workers. During a lawfully declared local, state or national disaster or emergency, the Board may grant a social worker who holds a license to practice such profession in another state or territory of the United States an emergency temporary social worker permit to practice in Mississippi to the extent authorized by this rule as if the individual were licensed in this state. To qualify for an emergency provisional permit, an individual must meet the requirements described below:

1. The individual seeking an emergency provisional permit must:

a. hold a current license in good standing as a social worker in another state or territory of the United States;

b. possess a license that is equivalent to that of the Mississippi license and have no existing or history of disciplinary action against any license held in any jurisdiction;

c. be sponsored by a social worker with an active license in good standing in Mississippi; and

d. adhere to the scope of practice for a similarly licensed individual established by the licensing provisions, practice acts, or other laws, rules or regulations of the State of Mississippi.

2. The individual seeking an emergency provisional permit must:

a. Submit a complete, signed and notarized Application for Emergency Provisional Permit and proof of his or her identity, which must include a copy of a drivers' license, passport, or other photo identification issued by a governmental entity;

b. Submit an application fee of $50.00, payable by cashier's check or money order and made payable to MBOE;

c. Submit verification of licensure for each state or territory in which licensure has been issued;

d. Provide the Board with the location where he or she will practice; and

e. Provide any other information required by the Board.

3. An emergency provisional permit shall be valid for a period as determined by the Board or its designee not to exceed ninety (90) calendar days. The Board or its designee may renew the provisional permit for an additional ninety (90) calendar days, if the lawfully declared disaster or emergency still exists. Provided however, that an emergency provisional permit shall expire at the time designated by the Board or whenever the lawfully declared disaster or emergency no longer exists, whichever comes first.

4. A holder of an emergency provisional permit (i) may only practice in the location on file at the Board's office; and (ii) must notify the Board in writing prior to beginning employment in another location.

5. An emergency provisional permit may be immediately suspended or revoked upon discovery of any falsification, omission, or withholding of information.

6. An individual wishing to practice as a social worker beyond the expiration of an emergency provisional permit or any extension thereof must apply for and obtain a social worker or marriage and family therapist license in accordance with the laws, rules and regulations governing said license in the State of Mississippi.

D.Inactive: Upon written request and submission of the annual renewal application and renewal fee, the Board may grant inactive status to a licensee who:

1. Holds a license which is current and in good standing. All requirements for licensure must be met, including continuing education requirements.

2. Does not practice as a social worker for compensation in the State of Mississippi.

3. Does not hold himself or herself out as a social worker or by any title set out in these Regulations that is likely to cause public confusion.

Social Workers may request in writing on forms provided by the Board that their licenses be placed on inactive status. The Board will consider the request and will notify the licensee of its decision in writing within 60 days of receiving the written request for inactive status.

Those granted inactive status shall be excused from paying renewal fees until they notify the Board in writing of their intention to resume active practice. If a licensee fails to return to active status within two (2) years of being placed on inactive status, the licensee may request an extension in writing on forms provided by the Board (this form is available on the Board's website) for an additional two (2) years. If the licensee does not request an extension in writing on forms provided by the Board or no extension has been granted by the Board, the license will be considered as lapsed at the end of the renewal period following the end of the inactive status period, and be subject to the requirements for lapsed licenses.

All licensees on inactive status must provide evidence of having obtained the acceptable continuing education hours that would have been required had they been licensed in an Active status before returning to active status. At the Board's discretion, the continuing education requirements may be waived up to half the amount required per license period.

The regular active license and ID card must be surrendered to the Board within thirty (30) calendar days from the date of approval for inactive status. A return to active status will call for adherence to all rules and regulations for regular license as set forth in this document.

Disciplinary action will be taken against a licensee on inactive status who performs social work services for compensation or presents him/herself as a licensed social worker. One may continue to use academic indicators of degrees such as B.S.W., M.S.W., Ph.D., etc. Disciplinary action may include revocation of a license for a period to be determined by the Board.

E.Retired: Licensees who are in good standing, may request retirement status designation from the Board. Retired, in this instance, means no longer receiving monetary compensation as a practitioner in the field of social work. Upon approval of such status, the licensee must surrender his/her regular license for a license bearing a status of "Retired". The retiree must complete and submit to the Board a signed affidavit of retirement as supplied by the Board on the Board's website or by contacting the Board office. Note: Individuals who hold a Retired license may not engage in social work practice for compensation.

In order to receive "Retired" status, an individual must meet all licensing requirements, including continuing education and pay the processing fee. If a licensee does not meet these requirements, then a "Retired" license will not be granted.

All re-licensure requirements are waived for a "Retired" license, but processing costs will be charged for issuing the retired license. The Retired license may stay in this status indefinitely with all applicable fees paid every six (6) years and provided that the retiree does not engage in social work practice. (See schedule in Part 1902, Chapter 4, Rule 4.3, B)

F.Retiree Reinstatement: Retirees who wish to reinstate within four (4) years of their retirement may follow the reinstatement process.

Licensees holding a "Retired" status who wish to return to the active practice of social work within four (4) years of obtaining "Retired" status must comply with the following:

1. Submit an application for reinstatement to the MS BOE SW/MFT.

2. A request must be made in writing to the Board in order to return to active status. The request must include the following:

a. An explanation of the circumstances of the new practice setting;

b. A description of the practitioner's proposed duties;

c. A description of the agency's environment;

If the request for re-instatement is granted by the Board, the licensee will be expected to earn at a minimum forty (40) continuing education hours for the licensure period in question.

Note: Failure to complete all steps in the retiree reinstatement process will result in the surrender of the applicant's license.

G.Denied: An applicant will be denied a license or renewal license when the Board:

(1) determines the applicant does not meet the requirements for licensure;

(2) has substantial evidence the applicant has violated the standards of conduct, the Code of Ethics or is not of good moral character;

(3) has pending disciplinary action against the licensee;

(4) has not received a criminal history records information check and a report based on a check of the Mississippi Sex Offender Registry;

(5) has not received a complete and correct application or renewal application within the timeframe allowed;

(6) has received documentation the licensee has a current (active) addiction to alcohol or drugs, other substances, or any other type of addiction; or

(7) has received a declaration of mental incompetence by the court or licensed qualified professional for the licensee.

H.Revoked: The Board may revoke or suspend a license on grounds set forth in these regulations. The person may not practice social work during the time the license is revoked.

I.Lapsed: Licensees who fail to renew their license biennially before the expiration date shall have the licenses lapsed. A licensee may not practice social work during the lapsed period. The licensee may be reinstated within a two (2) year period by following the reinstatement process. A license that has lapsed for more than two (2) years cannot be renewed or reinstated. The licensee must apply for a new license under the requirements set forth in the Rules and Regulations that are in effect at the time the new application is received by the Board.

J.Re-instatement: Licensees, who have had licenses placed in lapse or inactive status, may apply for reinstatement within two (2) years for a lapsed license or within four (4) years for inactive status by completing the following steps:

1. Making application for reinstatement on Board prescribed forms available on the Board's website.

2. Paying all applicable costs.

3. Providing the Board with a fingerprint criminal history records information check and a check of the Mississippi Sex Offender Registry

4. Satisfactory documentation of completion of all continuing education requirements specified by the Board Rules and Regulations that would have been required to maintain a current license for the entire period the license has been lapsed or inactive;

K.Reinstatement after revocation

If the revocation or lapse has lasted more than two (2) years or the inactive status lasted more than four (4) years, a completely new application is required, including retaking the exam and the application is subject to the Rules and Regulations in effect at the time of the new application.

Providing documentation that previous infractions have been addressed/corrected, i.e., treatment for mental illness, alcohol and/or drug addiction or abuse or other substance addiction or type of abuse.

30 Miss. Code. R. 1902-2.6

Miss. Code Ann. §§ 73-50-1§ 73-53-11(1)(c), (d), (e), (k), (n) and (2), 73-53-15 and 73-53-23(1)(f) and (4).

Amended 2/10/2020

Amended 11/17/2022