Bill Text: MS HB550 | 2011 | Regular Session | Introduced
Bill Title: Licensed professional counselors; revise certain provisions of licensure law.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-02-01 - Died In Committee [HB550 Detail]
Download: Mississippi-2011-HB550-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Human Services
By: Representative Mayo
House Bill 550
AN ACT TO AMEND SECTION 73-30-3, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS IN THE LICENSED PROFESSIONAL COUNSELOR LICENSING LAW; TO AMEND SECTION 73-30-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2015, APPLICANTS FOR LICENSURE AS A LICENSED PROFESSIONAL COUNSELOR MUST HAVE GRADUATED FROM A PROGRAM ACCREDITED BY CERTAIN ORGANIZATIONS; TO AMEND SECTION 73-30-21, MISSISSIPPI CODE OF 1972, TO DEFINE CONVICTION OF A FELONY FOR THE PURPOSES OF DISCIPLINARY ACTION BY THE STATE BOARD OF EXAMINERS FOR LICENSED PROFESSIONAL COUNSELORS AGAINST A LICENSEE; TO AUTHORIZE THE BOARD TO TAKE DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS HAD DISCIPLINARY ACTION TAKEN AGAINST HIS OR HER LICENSE OR CERTIFICATION IN ANOTHER STATE OR JURISDICTION; TO AUTHORIZE THE BOARD TO ASSESS AND TAX ANY PART OF THE COSTS OF ANY DISCIPLINARY PROCEEDINGS CONDUCTED AGAINST EITHER THE ACCUSED, THE CHARGING PARTY, OR BOTH; TO AMEND SECTION 73-30-29, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CURRENT AMOUNT OF THE BIENNIAL LICENSE RENEWAL FEE; TO AUTHORIZE THE BOARD TO CHARGE A LICENSED PROFESSIONAL COUNSELOR AN AUDIT FEE WHEN THE COUNSELOR REQUESTS THE BOARD TO REVIEW CONTINUING EDUCATION COURSES FOR RECOGNITION; TO PROVIDE THAT A LICENSE IS NOT CONSIDERED AS RENEWED WHEN PAYMENT IS NOT RENDERED AT THE TIME OF RENEWAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-30-3, Mississippi Code of 1972, is amended as follows:
73-30-3. The following terms shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Licensed professional counselor" * * * means and is restricted to any person who holds himself out to the public by any title or description of services incorporating the words licensed professional counselor or psychotherapist, and who offers to render professional counseling or psychotherapy services to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee, monetary or otherwise, implying that he is licensed.
(b) "Practice of counseling * * *" * * * means rendering, offering to render or supervising those who render to individuals, groups, organizations, corporations, institutions, government agencies or the general public any service including, but not limited to, the application of assessment, diagnosis and treatment of mental disorders, treatment planning, individual and group counseling, and psychotherapy procedures and other related areas of the behavioral sciences to help in learning how to solve problems or make decisions related to personal growth, marriage, family or other interpersonal or intrapersonal concerns.
(c) "Counseling * * *" includes, but is not limited to, assessment, diagnosis and treatment of mental disorders, treatment planning, individual and group counseling, and psychotherapy. Counseling is the application of mental health, psychological or human development principles, through cognitive, affective, behavioral or systematic intervention strategies that address wellness, personal growth or career development, as well as pathology. These services require:
(i) * * * The application of principles, methods or procedures of understanding, predicting and/or influencing behavior, and motivation;
(ii) The use of informational and community resources for personal or social development;
(iii) The use of group and/or placement methods and techniques that serve to further the goals of counseling;
(iv) Designing, conducting and interpreting research on human subjects and on any consultation on any item above; and
(v) Appraisal techniques including, but not limited to, testing of achievement, abilities, interests, aptitudes and personality.
(d) "Fees for licensed counseling services" * * * means any form of compensation received for the practice of counseling.
(e) "Board" * * * means the Mississippi State Board of Examiners for Licensed Professional Counselors.
(f) "Direct service" means interaction with clients that includes the application of counseling, consultation or human development skills. In general, the term refers to time that the license holders work directly with clients.
SECTION 2. Section 73-30-9, Mississippi Code of 1972, is amended as follows:
73-30-9. The board shall issue a license as a licensed professional counselor, without regard to race, religion, sex or national origin, to each applicant who furnishes satisfactory evidence of the following:
(a) The applicant has completed an application on a form prescribed by the board accompanied by a nonrefundable initial licensing fee of One Hundred Dollars ($100.00).
(b) The applicant is at least twenty-one (21) years of age.
(c) The applicant is of good moral character.
(d) The applicant is a resident of or pays income tax in the State of Mississippi, or has an immigration document to verify legal alien work status in the United States. The immigration document must be current and issued by the United States Immigration Bureau.
(e) The applicant is not in violation of any of the provisions of this chapter and the rules and regulations adopted hereunder.
(f) The applicant shall have an earned doctoral degree primarily in counseling, guidance or related counseling field, or have a master's degree or educational specialist's degree from a regionally or nationally accredited college or university program in counselor education or a related counseling program subject to board approval. The master's degree or educational specialist's degree shall consist of a program of not less than sixty (60) acceptable semester hours or ninety (90) acceptable quarter hours. Persons applying for licensure with a master's degree of less than sixty (60) semester hours or ninety (90) quarter hours may complete the additional coursework required without earning an additional degree, provided the coursework is in a regionally or nationally accredited college or university program in counseling or a related field. Proof of same must be submitted in the form of an updated transcript to the board when reapplying for licensure. All applicants shall provide official transcripts of all graduate work.
(g) The applicant must pass the examination approved by the board, as set forth in Section 73-30-7(5).
(h) The applicant has had two (2) years of supervised experience in professional counseling, or its equivalent, acceptable to the board, one (1) year of which may be concurrent with the pursuit of the master's degree program. Applicant shall submit verification of previous employment.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
(i) After January 1, 2008, the board shall require each first-time applicant for licensure and may require applicants for license renewal to apply to the Department of Public Safety for a state and national background check which will include consulting sex offender registries.
(j) From and after July 1, 2015, the applicant must have graduated from a program accredited by the Council on Accreditation for Counseling and Related Educational Programs (CACREP) or the Council on Rehabilitation Education (CORE).
SECTION 3. Section 73-30-21, Mississippi Code of 1972, is amended as follows:
73-30-21. (1) The board may, after notice and opportunity for a hearing, suspend, revoke or refuse to issue or renew a license or may reprimand the license holder, upon a determination by the board that such license holder or applicant for licensure has:
(a) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;
(b) Been convicted of a felony. As used in this paragraph, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, or a plea of nolo contendere;
(c) Sworn falsely under oath or affirmation;
(d) Obtained a license or certificate by fraud, deceit or other misrepresentation;
(e) Engaged in the conduct of professional counseling in a grossly negligent or incompetent manner;
(f) Intentionally violated any provision of this chapter;
(g) Violated any rules or regulations of the board; * * *
(h) Aided or assisted another in falsely obtaining a license under this chapter; or
(i) Had disciplinary action taken against the licensee's license or certification in another state or jurisdiction.
(2) No revoked license may be reinstated within twelve (12) months after such revocation. Reinstatement thereafter shall be upon such conditions as the board may prescribe, which may include, without being limited to, successful passing of the examination required by this chapter.
(3) A license certificate issued by the board is the property of the board and must be surrendered on demand.
(4) The chancery court is * * * vested with the jurisdiction and power to enjoin the unlawful practice of counseling and/or the false representation as a licensed counselor in a proceeding brought by the board or any members thereof or by any citizen of this state.
(5) 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 chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(6) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted against either the accused, the charging party, or both, as it may elect.
SECTION 4. Section 73-30-29, Mississippi Code of 1972, is amended as follows:
73-30-29. (1) Except as provided in Section 33-1-39, the renewal of license fee under this chapter shall be One Hundred Ninety Dollars ($190.00) per biennial licensing renewal period. License renewal fees may be increased by the board as deemed necessary, but may not be increased by more than ten percent (10%) of the previous year's fee.
(2) Each active licensed professional counselor licensee must complete twenty-four (24) continuing education hours during the preceding license period, six (6) of which must involve topics in professional ethics or legal issues in the delivery of counseling services, before a license may be renewed. Continuing education courses must be in the field in which the counselor practices. * * * The board may determine which continuing education courses are admissible, and the decisions of the board are final. Courses submitted for other certification processes will be admissible. The board must adhere to the guidelines as provided by the National Board of Certified Counselors with regard to credit for teaching courses, workshops and serving on boards. The board may charge a licensed professional counselor an audit fee not exceeding Fifty Dollars ($50.00) when the counselor requests the board to review continuing education courses for recognition to meet the requirements of this subsection.
(3) All licenses will be renewed biennially on or before June 30 of the applicable year. The evidence of the continuing education requirements of subsection (2) of this section must be received in the office of the * * * board * * * on or before June 30 of the year of renewal by every license holder who intends to continue to practice * * *.
(4) A license is not considered as renewed when payment is not rendered at the time of renewal. A license is considered to be lapsed if the board does not receive the required amount of the license renewal fee by June 30, due to insufficient funds in licensee's financial institution account or to credit card or e-check refusal.
SECTION 5. This act shall take effect and be in force from and after July 1, 2011.
