Author: A. Ant, CADC-II, Licensing & Accreditation Expert
Disclaimer: This content is provided for general informational purposes only and should not be construed as legal, regulatory, or licensing advice. Requirements change frequently. Consult qualified professionals for guidance specific to your situation.
A licensed counselor in Mississippi who wants a state certificate for a solo practice will not get one. Under Rule 2.3.B of the Department of Mental Health (DMH) Operational Standards, only an agency or business that the Mississippi Secretary of State shows as registered and in good standing can be certified, and individual licensed practitioners are named as outside it, while Miss. Code Ann. 41-4-7(r) says people already licensed by another state board do not need DMH’s professional credential either. For outpatient mental health, then, the first decision is about form. Either clinicians practice under their own board licenses, or an agency registered with the Secretary of State decides whether to seek DMH certification for its programs.
A Practice Under Board Licenses or an Agency Under a Certificate
The comparison is ours, built from DMH Rules 2.3, 11.3, 11.4 and 22.1, DMH’s provider FAQ and the hospital and CON definitions cited in the rows.
| Item | Solo or group practice under board licenses | DMH-certified outpatient agency |
|---|---|---|
| Who oversees it | Each clinician’s own licensing board. DMH says it does not intend to regulate the scope of practice of clinicians it does not credential (Rule 11.3.C) | DMH Division of Certification, under the Operational Standards effective November 1, 2024 |
| DMH certification | Not available to licensed independent practitioners (Rule 2.3.B) | Optional for providing services, according to DMH’s Interested Provider FAQ |
| State facility license | None found. MSDH’s hospital definition reaches only places that keep bed patients | None. The Certificate of Operation is a certification |
| Certificate of Need | No. 41-7-173 excludes facilities for private practice | No, by our reading of the covered facility list |
| Who provides therapy | The licensed clinician | A clinician with a professional license (LPC, P-LPC, LMSW, LCSW, LMFT, psychologist or physician) or a DMH Mental Health Therapist credential (Rule 11.4.H) |
What DMH Expects From a Certified Outpatient Program
We checked every requirement below, Rule 23.1 among them, against the official DMH Operational Standards PDF.
Outpatient Therapy under Rule 22.1 is delivered by someone holding a DMH Mental Health Therapist, Intellectual and Developmental Disabilities Therapist or Addictions Therapist credential, or by a clinician with a professional license, and adult groups run from two to twelve people. One requirement catches office-hours practices off guard: Rule 22.1.F requires “a minimum of three (3) hours weekly for the provision of Outpatient Psychotherapeutic Services during evenings and/or weekends.” Medication management is a separately certified service, Psychiatric/Physician Services, and Rule 11.4.D lets a psychiatric mental health nurse practitioner, licensed through the Mississippi Board of Nursing, handle prescribing and monitoring, as can a board-certified or board-eligible psychiatrist or any other licensed medical professional whose scope covers it.
The more intensive option is Acute Partial Hospitalization under Rule 23.1, built for adults with serious and persistent mental illness as an alternative to inpatient care. Admission requires a physician’s evaluation certifying that the service is needed to reduce or prevent inpatient care. Each person gets at least 20 hours of service a week, and the program operates at least three days a week and four hours a day, not counting transportation, all year. A program may serve no more than 18 people, needs at least 50 square feet of multipurpose space per person, and staffs by enrollment: one master’s-level employee on site for up to six people, a bachelor’s-level employee added at seven to twelve, and a support employee added at thirteen to eighteen. Nursing and psychiatric services are provided at least weekly, and medical supervision and nursing must be immediately available during all operating hours.
Agency-wide duties come with any certificate. The agency employs a full-time Executive Director (Rule 11.4.A), reports injuries on its property and suicide attempts to DMH within 24 hours and abuse or neglect within eight (Rules 15.3 and 15.4), puts planned changes to services, hours, locations or leadership in writing within 48 hours of deciding on them (Rule 7.3), and should expect DMH on site for a comprehensive review at least biennially, possibly without notice. DMH links the certificate to Division of Medicaid billing and DMH grants, and we leave that money question to the specialists who handle it, since it has nothing to do with licensure.
How an Outpatient Agency Applies
Steps follow Chapter 2 of the Operational Standards, DMH’s Interested Provider Process guide and the forms posted on the certification page.
DMH handles every submission and every letter inside its Interested Provider Portal, and the DMH certification page links to it. The agency completes the online Interested Agency Provider Orientation, then submits its application packet with the Interested Provider Application Checklist, the Background Check Form, the Attestation of Full-Time Employment, the Attestation to DMH Data Submission Requirements and the Statement of Assurance. When DMH sends notice, the $150 nonrefundable application fee is due within 30 business days. Program and financial staff then review policies and the budget, revisions come back within 30 business days, and an applicant gets no more than three submissions.
After the initial award, the agency files an Application to Add a New Program for its location, gets through a Health and Safety inspection and pays $300 more, and only then does DMH issue the Certificate of Operation. DMH’s process guide refers to a six-month initial certification, but Rule 2.9.E gives an agency exactly one year from the initial award to become fully certified, with one six-month extension, and the rule is what governs. Initial certification cannot be renewed. Questions go to the Division of Certification at 239 N. Lamar Street, Jackson, MS 39201, 601-359-1288, certification@dmh.ms.gov, and DMH posts a Technical Assistance Form for rule questions.
Adding Substance Use Services
A certified mental health agency can add SUD outpatient levels, but they come with physical space rules. Level 1 outpatient stays under nine hours a week and must sit in space separate from the agency’s other substance use services (Rule 22.2.B.8). Level 2.1 intensive outpatient for adults requires a weekly minimum of nine hours of group therapy, caps sessions at 12 people and also needs its own space. SUD therapists qualify through the same license-or-DMH-credential test (Rule 11.6.C), the SUD director or coordinator needs two years of substance use experience on top of that (Rule 11.6.A), and every SUD provider writes policies for accepting people who use medication assisted treatment (Rule 49.1.B.6). The application is an Application to Add a New Service, and a denied request means waiting a year to try again (Rule 2.10). For the SUD levels themselves, read Mississippi Drug and Alcohol Outpatient Treatment Licensing.
Can a Mississippi Therapy or Psychiatry Office Offer Ketamine?
Mississippi’s outpatient rules do not address ketamine. This section is our reading of the MSDH hospital definition, the CON statute, DMH Rule 7.3, the Board of Nursing statement and the controlled substance and pharmacy statutes listed in the Sources.
We found no Mississippi facility license that an office giving ketamine would need. MSDH’s hospital rule excludes offices and clinics that do not keep bed patients, the CON statute excludes private practice facilities, and DMH does not certify independent practitioners. In our reading, ketamine or Spravato in a psychiatry office rests on the prescribers’ own licenses and registrations. Things change for an agency holding a DMH certificate. Ketamine is not among the services DMH certifies, Rule 7.3 treats a change in service scope as something to report in writing, and Rule 7.3.C lets DMH require an application for the change, so the Division of Certification should hear about the plan well before any dose is booked.
Controlled substance rules apply at two levels. Ketamine is a federal Schedule III drug (21 CFR 1308.13(c)(7)), which makes DEA registration the federal layer, and Miss. Code Ann. 41-29-125, in the current text reproduced by a 2026 bill that died, requires anyone who dispenses controlled substances to hold a registration from the appropriate board, renewed annually or every two years. A nurse practitioner can be part of the service only inside a collaborative or consultative relationship with a physician and a board-approved protocol under Miss. Code Ann. 73-15-20, and no bill to change that survived the 2025 or 2026 session. Dispensing of Schedule II through V drugs must be reported to the Board of Pharmacy’s monitoring program (Miss. Code Ann. 73-21-127). We have not confirmed whether a dose given in the office counts as dispensing, so get the Board of Pharmacy’s answer before deciding the practice has nothing to report.
IV infusions raise a nursing problem particular to Mississippi. The Board of Nursing statement on IV moderate sedation, reviewed April 11, 2025, names ketamine among the anesthetic agents that an RN who is not a qualified anesthesia provider may not administer, and it also bars that nurse from monitoring a patient who received one. Read as written, it leaves an office infusion protocol dependent on a physician or a qualified anesthesia provider, unless the Board says otherwise in writing about psychiatric doses. Spravato avoids the IV question but carries its own rules: the Medication Guide revised in September 2026 allows it only in settings certified in the SPRAVATO REMS program, states that patients treated in outpatient settings such as medical offices and clinics must be enrolled, and requires monitoring for a minimum of two hours once a dose is taken.
We could not find a Mississippi statute, rule or court decision on corporate practice of medicine, and we have not confirmed the professional corporation and PLLC ownership rules, which leaves the question of who may own a ketamine service open in our reading. That belongs with a Mississippi health lawyer before a counseling group signs anything. The clinic models we work with are described in the ketamine section of Mississippi Drug and Alcohol Outpatient Treatment Licensing.
Paying for Clinicians in a Mississippi Outpatient Practice
Mississippi’s counselor wages sit well below the national figure. BLS (OEWS, May 2025) reports a $46,990 median for the state’s substance abuse, behavioral disorder and mental health counselors, against $59,350 nationally, with the state’s 25th percentile at $38,760 and its 75th at $58,560. Put three clinicians on the payroll at that median and base salaries alone reach about $140,970 a year (our calculation), with benefits and a clinical director still to add. The provisional counselor tier gives a Mississippi practice a cheaper way to add clinical hours while those clinicians finish licensure. A P-LPC must log 3,000 supervised hours over at least 18 months, 1,200 of them in direct service, before the LPC board grants full licensure, and DMH’s glossary counts a P-LPC as a professional license for therapy in certified programs, so a practice whose caseload is carried mostly by P-LPCs, each on a provisional-level salary and supervised by a single LPC, commonly spends 40 to 60 percent less on counseling wages than one staffed only with fully licensed counselors. Prescribing time can follow the same thinking, since Rule 11.4.D accepts a psychiatric mental health nurse practitioner, working under the collaborative arrangement the APRN statute requires, alongside a psychiatrist. Should the practice open a Spravato or injection room, we would staff it with a single RN directing LPNs. Your service list and clinic hours are what finally fix the numbers.
Missteps We See With Mississippi Outpatient Plans
A solo clinician spends weeks on a DMH application that Rule 2.3.B never allowed. A certified agency opens a second office, or starts a new service, before DMH has approved it, when new locations need approval before services begin and a denied add-service request locks the agency out for a year. A partial hospitalization program signs a lease on space that cannot give 18 people 50 square feet each.
Frequently Asked Questions
Can a licensed therapist in private practice get DMH certification in Mississippi?
No. Rule 2.3.B of the DMH Operational Standards limits certification to agencies registered and in good standing with the Mississippi Secretary of State, not licensed independent practitioners. A therapist practicing alone works under the license from their own board, and Miss. Code Ann. 41-4-7(r) says clinicians licensed by another state board do not need a DMH credential.
What does a DMH-certified outpatient therapy program have to provide?
Therapy by a licensed clinician or a DMH-credentialed therapist, adult groups of two to twelve people, and at least three hours a week of outpatient psychotherapy during evenings or weekends under Rule 22.1.F. Prescribing and medication monitoring fall under the separately certified Psychiatric/Physician Services, staffed by a psychiatrist, a psychiatric mental health nurse practitioner or another licensed medical professional within scope.
How many hours does a Mississippi acute partial hospitalization program for adults run?
At least 20 hours of service per person each week, on at least three days a week and at least four hours a day excluding transportation, year round, under Rule 23.1. The program serves no more than 18 people, provides at least 50 square feet of multipurpose space per person and admits only after a physician certifies the program is needed to reduce or prevent inpatient care.
When the choice between board licenses and a DMH certificate is still open for your Mississippi practice, we can work through it with you.
Sources
- DMH Division of Certification (portal link, forms, payment portal and contacts): Certification (checked October 18, 2026)
- DMH Operational Standards, effective November 1, 2024 (Rules 2.3, 2.4, 2.8, 2.9, 2.10, 2.13, 7.3, 11.3, 11.4, 11.6, 15.3, 15.4, 22.1, 22.2, 23.1, 49.1 and Glossary): Operational Standards (PDF) (checked October 18, 2026)
- DMH, Interested Provider Orientation FAQs: FAQs (PDF) (checked October 18, 2026)
- DMH, Interested Provider Process guide: Interested Provider Process (DOCX) (checked October 18, 2026)
- Miss. Code Ann. 41-4-7, as brought forward in 2026 SB 2478: SB 2478 As Passed the Senate (checked October 18, 2026)
- Miss. Code Ann. 41-7-173 as amended by 2026 HB 3: HB 3 As Sent to Governor (checked October 18, 2026)
- MSDH Minimum Standards of Operation for Hospitals, Rule 41.2.1: Hospitals (PDF) (checked October 18, 2026)
- 30 Miss. Code R. 2201-4.3, LPC licensure requirements, via Cornell LII: Rule 2201-4.3 (checked October 18, 2026)
- Mississippi Board of Nursing, position statements and IV Moderate Sedation statement (reviewed April 11, 2025): Position statements and IV Moderate Sedation (PDF) (checked October 18, 2026)
- Miss. Code Ann. 73-15-20 (current text as reproduced in 2026 HB 40, which died) and its bill list: HB 40 as introduced and 2026 code section list (checked October 18, 2026)
- Miss. Code Ann. 41-29-125 (current text as reproduced in 2026 HB 1267, which died): HB 1267 as introduced (checked October 18, 2026)
- Miss. Code Ann. 73-21-127 and 73-21-73, as carried in 2025 HB 856 (Chapter 509): HB 856 As Sent to Governor (checked October 18, 2026)
- 21 CFR 1308.13(c)(7), via Cornell LII: Schedule III (checked October 18, 2026)
- FDA, Spravato prescribing information and Medication Guide (revised 09/2026): Spravato label (PDF) (checked October 18, 2026)
- U.S. Bureau of Labor Statistics, OEWS May 2025, SOC 21-1018: Mississippi and National (checked October 18, 2026)

Leave a Reply